Brayton Point scrap metal operation will pay $300,000 to settle lawsuit over dust and noise
SOMERSET — The company that operated a scrap metal facility on Brayton Point will likely have to cough up $300,000 following allegations that it illegally created dust and noise pollution and discharged industrial storm water in the surrounding area.
"We're thrilled," said Nicole McDonald, a Brayton Point resident who fought against the scrap metal operation. "This consent order is critical to the residents."
Massachusetts Attorney General Andrea Campbell announced on Wednesday that Eastern Metal Recycling Terminal, LLC and Patriot Stevedoring and Logistics, LLC, who operated the scrap metal facility and the property’s owner, Brayton Point, LLC, will have to pay up for their role in disrupting the lives of residents in the Brayton Point area.
The scrap metal facility began operations after the former Brayton Point Power Station, which for decades was one of the biggest power plants in New England, shut down. The facility stored scrap metal and loaded it into nearby ships.
Scrap metal company halts operations
The scrap metal facility halted operations in March of 2022. In a separate case from the AG's lawsuit, a land court judge ordered it to shut down last spring after three Somerset residents— McDonald, Kathy Souza and Nancy Thomas — and the town's Zoning Board of Appeals brought a lawsuit against it.
Campbell's office said it found that the scrap metal operation regularly caused clouds of dust to float over Mount Hope Bay and in the direction of Brayton Point's residential neighborhood. The dust settled on nearby cars and homes and forced residents to lose sleep, change plans, stay indoors or keep their windows closed. Some residents reportedly have begun having respiratory problems since the scrap metal company began operating in the area.
Illegally dumped polluted industrial storm water
The AG also alleges that the defendants illegally dumped polluted industrial storm water into Mount Hope Bay, endangering the ecosystem and violating the Clean Water Act, a federal overseen by the U.S. Environmental Protection Agency designed to limit water pollution.
Consent decree awaiting approval
The U.S. District Court for the District of Massachusetts must now approve the consent decree settling the allegations. If approved, the defendants will have to pay pay $150,000 to the Town of Somerset, $25,000 to the Town of Swansea and $25,000 to Greater Fall River Re-Creation, a local nonprofit that operates a sailing program in the Taunton River.
"The payments are to be used to fund projects that increase access to and enhance the water quality in Mount Hope Bay in the vicinity of the former facility," according to the press release.
They must also pay $100,000 to offset costs incurred by the AG's office during its investigation.
“I am grateful to Attorney General Campbell and her team for holding the owners and operators of Brayton Point accountable for the massive disruption they caused to the neighborhood and surrounding communities,” Representative Pat Haddad of Somerset said in a press release released by Campbell's office. “I am pleased that the AG’s proposed remedy will direct critical funds to projects that will increase access to and enhance the water quality in Mount Hope Bay.”
McDonald said she was excited to see steps toward encouraging residents of Somerset, Swansea and Fall River to enjoy their local waterways.
"I think (the settlement) will have a lasting impact on having people understand the importance of having access to the area and preserving it," she said.
This article originally appeared on The Herald News: Brayton Point scrap metal company will pay $300,000 to settle lawsuit
