Special Minerals Agrees to Pay Adams, River Groups Over River Discharge
Adams plans to use the $50,000 it will get in the consent decree toward the removal of the Peck's Road Dam.
The river turned visibly white from Adams to the Vermont state line from the mineral that leaked out from the plant's settling ponds on Howland Avenue in November 2021.
Calcium carbonate, also known as chalk or limestone, is not toxic to humans or animals. However, the sudden discoloration of the water alarmed local officials and environmentalists and prompted an emergency session of the Northern Berkshire Regional Emergency Planning Committee.
"We allege that this company violated its permits, disregarded federal and state law, and put the Hoosic River — a resource cherished by the Adams community — at risk," said AG Andrea Campbell in a statement. "I am grateful for this collaboration with our state agency partners and committed to holding polluters accountable and working to bring resources back to communities disproportionately impacted by environmental harms."
If approved by the U.S. District Court of Massachusetts, the consent decree will require Specialty Minerals to pay a total of $299,000, which includes payments to the town of Adams and three community groups in Northern Berkshire County that will be used to benefit water quality and prevent stormwater impacts.
Specialty Minerals, in a statement, said the consent decree reflects the partnership approach it applied in response to incident with not only the attorney general, but also its long-term relationships with the town of Adams and the broader Hoosic River community.
"At the time of the incident, our team's top priority was to be responsive and transparent to all those who were impacted, with that focus continuing throughout the resulting investigation. Specialty Minerals would like to emphasize that the investigation included independent confirmation that no damage to the ecosystem had occurred," said the statement. "Like everyone else in the community, we agree that the Hoosic River is an important natural resource to be enjoyed by everyone along its banks and beyond.
"We appreciate the professionalism of Attorney General Campbell’s office leading up to this resolution, and Specialty Minerals is glad to contribute to the local initiatives outlined in the consent decree to safeguard the environment to everyone's benefit."
Once approved, most of the settlement would fund multiple projects to benefit water quality, including infrastructure improvements and native plantings to mitigate stormwater impacts in the Hoosic River Watershed. Specifically, the proposed settlement provides for:
- $50,000 to the town of Adams for infrastructure improvements in a tributary of the Hoosic River
- $50,000 to Hoosic River Revival for stormwater mitigation projects
- $50,000 to Hoosic River Watershed Association for a native plant garden and other projects to mitigate stormwater impacts and benefit water quality
- $50,000 to Sonrisas to fund invasive plant removal and native plant habitat establishment at Finca Luna Búho, a community land project that centers the voices and prioritizes the decision-making of those living in marginalization.
It will also provide $30,000 in civil assessments to the state's Natural Heritage Endangered Species Fund and $20,000 in civil penalties for violation of state law, as well as $49,000 to offset the costs of the AG's enforcement efforts.
"Adams appreciates the communication with the Attorney General's Office while this matter was pending. The use of the funds has been discussed with and approved by the AG's Office staff. The money will be used towards the Peck's Brook Dam remediation project," said Adams Town Administrator Jay Green.
"The dam is privately owned and has been placed in a corporate shell company in the Bahamas which makes finding the owner and holding them accountable for repairs or removal impossible. The structure is also in tax default. Thus, it's going to fall on the taxpayers to deal with it — a project we don't have funds for. The settlement money will be used to help underwrite a portion of those costs as we try to assemble funding."
The settlement will resolve allegations that Specialty Minerals violated the Federal Clean Water Act and Massachusetts laws protecting water, wetlands, and rare species by, among other incidents, discharging the cloudy wastewater into the Hoosic River, damaging protected habitat of numerous state-listed rare species for more than 10 miles downstream.
The complaint also alleges other violations of federal and state law stemming from improper operation of the wastewater treatment plant, months of cloudy discharges into the river in 2022, failure to conduct required quarterly monitoring of stormwater during rain events, and another release of white, cloudy wastewater into the river in January 2023.
Specialty Minerals is a Delaware corporation headquartered in New York that operates a large lime quarry, minerals processing facility, and attendant industrial wastewater treatment facility along the Hoosic River. The neighborhood downstream of the Specialty Minerals facility has been identified by the commonwealth as an environmental justice community disproportionately subjected to environmental harms and risks.
"Specialty Minerals's November 2021 release caused damage to the Hoosic River ecosystem and was just one of a number of releases uncovered by our investigation of the facility," said Commissioner Bonnie Heiple of the state Department of Environmental Protection. "We appreciate the attorney general's strong stand for protection of this waterway and support the investment of settlement funds into local restoration and mitigation projects."
MassDEP was notified by the company at the time of the discarge, which was described as a "process upset," and had staff on the scene to confirm it was not a health risk. Specialty Minerals said it had ceased operations at the settling ponds until it could investigate the cause and ensure compliance with its permits.
Additionally, the proposed consent decree provides for significant injunctive relief requiring Specialty Minerals to upgrade its wastewater treatment facility and operating and maintenance procedures and to clean up lime sediment deposits from a discharge channel leading from the wastewater facility to the Hoosic River.
In her strategic plan, Campbell pledged to fight for environmental justice by ensuring that all residents can live in healthy and safe communities, especially those in low-income communities, rural communities, and communities of color disproportionately harmed by environmental degradation.
Updated May 6 with statement from Specialty Minerals.
Tags: Hoosic River, specialty minerals, wetlands,
