Massachusetts AG sues Creative Paper in Worcester for Clean Air Act violations

BOSTON, MA, Nov. 23, 2010 (Press Release) - Attorney General Martha Coakley's Office filed a lawsuit in Suffolk Superior Court against Creative Paper, Inc., of Worcester, for repeatedly violating the Clean Air Act by causing disruptive odors that are affecting nearby residents. The lawsuit is asking the court to order the company to eliminate the odors and to impose a civil penalty.

According to the complaint filed on November 5, the company's facility, located in a primarily residential neighborhood, is emitting nuisance odors that disrupt its neighbors' use of their property. The complaint alleges that the company violated state regulations by failing to comply with odor mitigating procedures required by its permit under the Clean Air Act.

According to the complaint, the company has been emitting odors since 1998, when neighbors began to complain and the Massachusetts Department of Environmental Protection (MassDEP) subsequently took enforcement action. The complaint also alleges that after the company sought and received a permit under the Clean Air Act in 2003, the nuisance odors continued. The permit required the company to monitor and control its process so as to prevent the paper-making facility from causing the air pollution. The complaint states that during follow up inspections, the company's records showed that it had not properly monitored and controlled its paper-making process as required by its permit.

In addition to civil penalties, the Attorney General's Office is seeking a court order requiring the company to stop emitting the odors and to come into compliance with the Clean Air Act and its permit.

This matter is being handled by Assistant Attorney General Louis Dundin of Attorney General Coakley's Environmental Protection Division with assistance from MaryJude Pigsley, John Kronopolus, Edward Braczyk, and Cosmo Buttaro of MassDEP.