The Massachusetts Department of Environmental Protection (MassDEP) has reached a $550,000 settlement with the town of Hawley and its contractor, E.T. & L. Corp. of Stow, for damages to the Chickley River following Tropical Storm Irene.
MassDep alleges that the removal of boulders from the Chickley River, dumping of the boulders on the riverbank, and man-made channelization of the river in Hawley severely damaged the natural ecosystem following the storm. The town and its contractor had been given emergency permission following the storm to repair damage and remove debris without going through the usual permit process, but a MassDep investigation found that the work done vastly exceeded this remit, including the dredging and straightening of approximately five miles of the river.
Although E.T. & L. did not admit to the violations, the company agreed to implement a comprehensive restoration plan for the Chickley River, valued at $400,000, and to contribute to a $150,000 escrow account to be used for post-restoration monitoring and some tree plantings. The settlement also requires that E.T. & L. pay a $175,000 penalty. MassDEP will suspend $66,000 of the penalty amount provided that the company completes the river restoration work in compliance with the settlement. As part of the agreement, the town of Hawley will fund the balance of the $150,000 escrow account.
"MassDEP granted emergency permission for limited work to remedy damage from the storm, but the work that was conducted went far beyond this limited permission, and had devastating environmental consequences for the river and its sensitive habitat," said MassDEP Commissioner Kenneth Kimmell in a statement. "This global settlement closes the chapter on the environmental damage of the Chickley River and opens up the next chapter to restore the river’s ecosystem to its natural state."
The parties involved in this settlement include the Massachusetts Division of Fish and Wildlife (DFW), the U.S. Army Corp of Engineers (ACOE), the U.S. Environmental Protection Agency (EPA), the Town of Hawley, E.T. & L. Corp., Trout Unlimited and the Connecticut River Watershed Association.
The EPA and the ACOE had also initiated investigations of the dredging and channelization work of the Chickley River. The requirements of the MassDEP settlement will resolve the federal restoration requirements.
