Based on reports from the Town Conservation Commission and an EPA inspection in April 2007, EPAÂs complaint alleges that TLT discharged storm water containing pollutants from the construction site without a permit from May 2004, when the construction commenced, until February 2005. TLT also failed to apply for coverage under the National Pollutant Discharge Elimination System General Permit for Storm Water Discharges from Construction Activities from at least May 1, 2004 through February 2005. TLT also failed to amend its Storm Water Pollution Prevention Plan when it was shown to be ineffective in eliminating pollutants in storm water discharges from the site in April 2005, April, May and June 2007 and February 2008.
During the period of violation, storm water running off the site contained sand, dirt, sediment, suspended solids, residues of construction material, and turbidity. The pollutant-laden storm water discharged from the site through three concrete pipes into the Aberjona River, which flows into the Upper and Lower Mystic Lakes, which in turn flow to the Mystic River, to Boston Harbor.