June 3, 2015

VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED

Chang & Sons Enterprises, Inc.
415 River Road
Deerfield, MA 01373

Tso-Cheng Chang, President
Sidney Chang, Vice President
P.O. Box 191, 415 River Road
South Deerfield, MA 01373

Chang Farms
301 River Road
Whately, MA 01093

Re: NOTICE OF INTENT TO FILE SUIT FOR VIOLATIONS OF THE FEDERAL CLEAN WATER ACT
Dear Sirs:

This letter is written on behalf of the Connecticut River Watershed Council and its
members (collectively “CRWC”). Pursuant to Section 505(a) of the Federal Water Pollution
Control Act (“CWA”), 33 U.S.C. § 1365(a), CRWC intends to file a citizen suit in federal court
against Chang & Sons Enterprises, Inc., Chang Farms, Tso-Cheng Chang (President), and Sidney
Chang (Vice President), for violations of Sections 301(a) and 402(a) of the CWA. 33 U.S.C. §§
1311(a) and 1342(a). This notice letter is a legally required pre-requisite to suit under Section
505 of the CWA. 33 U.S.C. § 1365(b)(1)(A).
Chang & Sons Enterprises, Inc., Chang Farms, Tso-Cheng Chang, and Sidney Chang
(collectively “Chang Farms”) own and/or operate a facility located at 301 River Road, Whately,
MA 01093 (“Facility”). The Facility discharges pollutants directly into the Connecticut River.
Discharges of industrial wastewater must comply with National Pollutant Discharge Elimination
System (“NPDES”) permits issued under Section 402 of the CWA, 33 U.S.C. § 1342. The
discharge of any pollutant in violation of a NPDES permit is prohibited under Section 301(a) of
the CWA. 33 U.S.C. § 1311(a). The Facility’s discharges are subject to NPDES Permit No.
MA0040207 (“NPDES permit”), jointly issued by the United States Environmental Protection
Agency (“EPA”) and the Massachusetts Department of Environmental Protection (“DEP”).1
The Facility for many years has consistently violated effluent limitations and other
conditions of its NPDES permit and these violations are ongoing. Specifically, in the past five
years alone, Chang Farms has violated and/or exceeded its express numeric permit limitations
for four separate pollutants more than 330 times, based on the Facility’s self-reported
sampling data. Likewise, based on the Facility’s own sampling, in the 60 months between
May 2010 and April 2015, Chang Farms has violated numeric effluent limitations in its permit
in 55 of those months, or 92% of the time.
On one occasion, the pollutant levels in the Facility’s discharges exceeded permit
limits—limits that are set to protect the water quality of the Connecticut River—by 2,650%, and
pollutant levels routinely exceed permit limits by orders of magnitude. Chang Farms also has
failed the test designed to measure the toxicity of its discharge at least 30% of the time in the
past five years. This self-reported sampling data represent conservative estimates of the
Facility’s actual number of violations since they do not account for all of the days, as described
further below, that Chang Farms either did not sample or was otherwise violating its permit by
failing to properly operate and maintain its wastewater treatment systems or failing to implement
best management practices. The intent of this action is to address violations of the CWA that
have occurred and which are continuing to occur from the Facility.

Section 505(a)(1)(B) also allows citizens to bring an action against a facility for
violations of “an order issued by . . . a State” involving compliance with that facility’s NPDES
permit. 33 U.S.C. § 1365(a)(1)(B). On December 19, 2013, DEP issued an Administrative
Consent Order with Penalty and Notice of Noncompliance to Chang & Son Enterprises, Inc.
(hereinafter “2013 Consent Order,” attached as Exhibit 1), for violations associated with Chang
Farms’ wastewater treatment facility that DEP discovered during an August 6, 2013 Compliance
Evaluation Inspection. Tso-Cheng Chang signed the Consent Order on behalf of Chang & Sons
Enterprises, Inc. The 2013 Consent Order required Chang Farms to perform several actions
pursuant to a compliance schedule. See Exhibit 1, at 3-4, ¶ 10. Upon information and belief,
Chang Farms has not complied with at least two requirements of the 2013 Consent Order, and
DEP has not subjected Chang Farms to any stipulated civil penalties for such noncompliance, as
the 2013 Consent Order explicitly contemplates. See id. at 5, ¶ 21.

[Footnote 1: The Facility has been subject to two NPDES permits during the time period relevant to this
Notice Letter, both of which bear the NPDES Permit No. MA00040207. From May 2010
through February 2014, the Facility was subject to a NPDES Permit that was issued on
September 29, 2006 and became effective on December 1, 2006 (hereinafter “the 2006 Permit”).
From March 2014 through the present, the Facility has been subject to a NPDES Permit that was
issued on December 20, 2013 and became effective on March 1, 2014 (hereinafter “the 2014
Permit”). Unless specifically referred to by their years of becoming effective, both permits will
be referred to hereinafter collectively as “NPDES Permit No. MA00040207” or “NPDES
Permit.”]

On the basis of the facts and law explained in this notice letter, CRWC intends to file suit
in federal court against Chang Farms 60 days from the date of this notice. CRWC is a 501(c)(3)
non-profit organization dedicated to the protection and restoration of the Connecticut River and
its surrounding watershed. Numerous CRWC members live, work, and recreate in and around the
Connecticut River in the vicinity of the Facility, including areas affected by violations of the
CWA described in this notice letter. CRWC and its members are reasonably concerned that the
pollutant discharges described herein contribute to degrading the water quality of the
Connecticut River, present threats to public health, and diminish CRWC members’ use and
enjoyment of those waters and the aquatic-dependent wildlife and ecosystems they support.

CRWC is aware of the Facility’s long history of significant compliance issues.
Specifically, discharges from the Facility have consistently exceeded the express effluent
limitations and other conditions contained in its NPDES permit in violation of Sections 301(a)
and 402(a) of the CWA. 33 U.S.C. §§ 1311(a) and 1342(a). Discharge monitoring reports and
related documents that Chang Farms has filed with EPA and DEP plainly describe these
violations and indicate that violations are ongoing.

The lawsuit will allege that the violations described below violate Sections 301(a) and
402(a) of the CWA, 33 U.S.C. §§ 1311(a) and 1342(a), and their implementing regulations,
which prohibit discharges in violation of a NPDES permit. The lawsuit also will allege ongoing
violations of the 2013 Consent Order. CRWC alleges that Chang & Sons Enterprises, Inc. and
Chang Farms—as well as Tso-Cheng Chang (President) and Sidney Chang (Vice-President),
who are aware of and exercise control over the discharges from the Facility—are responsible and
liable for the violations described here. Therefore, Mssrs. Chang will be included as individual
defendants along with Chang and Sons Enterprises, Inc. and Chang Farms, in this federal court
enforcement action. In addition to violating the CWA, the lawsuit also will allege that Chang
Farms’ failure to comply with its NPDES permit also violates Massachusetts state law, including
but not limited to the Massachusetts Clean Waters Act, as amended (M.G.L. Chap. 21, §§ 26-
53).

Through this action, CRWC intends to secure appropriate relief for violations of the
CWA that have occurred at the Facility during the five years previous to the date of this notice
letter and for any similar violations that occur after the date of this notice letter. In particular,
CRWC plans to seek injunctive and declaratory relief under Section 505(a) and (d) of the CWA,
33 U.S.C. §§ 1365(a) and (d), to prevent further violations and impairment of the Connecticut
River. Additionally CRWC intends to seek civil penalties for each of the violations described
below. Section 309(d) of the CWA, 33 U.S.C. § 1319(d), as adjusted by 40 C.F.R. § 19.4,
provides for penalties of up to $37,500 per day for each violation discussed below. In addition to
seeking maximum civil penalties, CRWC also intends to seek attorney fees and costs as
prevailing parties are authorized to do under the CWA, 33 U.S.C. § 1365(d), and such other
relief as is permitted by law.

The information below comes from Discharge Monitoring Reports and other documents
contained in EPA’s files for the Facility. Chang Farms should consult these documents regarding
any question pertaining to the violations referenced in this notice. Information currently in
Chang Farms’ possession may reveal additional violations, including monitoring, reporting, and
recordkeeping violations of the CWA.

I. Reported Violations of Effluent Limitations

Table 1, attached, lists all dates currently known to CRWC to a reasonable degree of
certainty, from May 2010, through April 2015 (the most recent date for which CRWC has
information), on which Chang Farms violated and/or exceeded the parameters in its NPDES
permit. Each exceedance constitutes a violation of Chang Farms’ NPDES permit, CWA
Sections 301(a) and 402(a), and the Massachusetts Clean Waters Act. At a minimum, the lawsuit
will involve violations on the days Chang Farms was required to sample as reflected in the
Discharge Monitoring Reports. We also expect the lawsuit to include violations that occurred on
days in between those required sampling events on which discharges also occurred from the
Facility.

II. Violations of Monitoring and Reporting Requirements

Table 1 also lists all instances currently known to CRWC to a reasonable degree of
certainty, from May 2010, through April 2015 (the most recent date for which CRWC has
information), on which Chang Farms failed to comply with the monitoring and reporting
requirements of its NPDES permit. At a minimum, the lawsuit will involve the monitoring and
reporting violations contained herein, although we expect information and documents currently
in Chang Farms’ possession may reveal additional violations of this type.

III. Violation of the Requirement to Properly Operate and Maintain

Chang Farm’s NPDES permit requires that Chang Farms properly operate and maintain
all pollution treatment and control facilities and systems that are necessary to comply with the
effluent limits in the Permit. The permit mandates Chang Farms “shall properly operate and
maintain all treatment systems.” 2014 NPDES Permit at I.A.9; see also Part II.B(1) (“The
permittee shall at all times properly operate and maintain all facilities and systems of treatment
and control (and related appurtenances) which are installed or used by the permittee to achieve
compliance with the conditions of this permit and with the requirements of storm water pollution
prevention plans.”).

The fact that the Facility continues to regularly exceed allowable effluent limits indicates
that Chang Farms is not in compliance with this requirement of the permit. CRWC intends to file
suit for each day that Chang Farms has failed and continues to fail to properly operate and
maintain all pollution treatment and control facilities at the Facility, including each and every
day during the time period starting five years prior to the date of this notice letter, through the
date of this notice and through the duration of the suit.

IV. Violations of 2013 Consent Decree

The 2013 Consent Order required Chang Farms to perform several actions pursuant to a
compliance schedule, including:

10.F. Within three (3) months of the effective date of this Order, Respondent shall
develop a schedule for calibration of the magnetic flow meters on a regular basis. The
interval between calibrations shall be based on recommendations of the manufacturer of
the meter. A copy of the schedule shall be submitted to the Department.
10.G. Within three (3) months of the effective date of this Order, Respondent shall
submit either verification to the Department that the magnetic flow meters were installed
in accordance with manufacturer’s recommendations to provide accurate flow readings or
provide a schedule to make any necessary modifications to the flow meters.
See Exhibit 1, at 3. Based on the date the Consent Order issued (Dec. 19, 2013), both of these
obligations came due on March 19, 2014. Upon information and belief, Chang Farms has not
complied with these two requirements of the 2013 Consent Order, and DEP has not subjected
Chang Farms to any stipulated civil penalties for such noncompliance, as the 2013 Consent
Order explicitly contemplates. See id. at 5, ¶ 21.

At a minimum, the lawsuit will involve the violations of the two requirements of the 2013
Consent Order detailed above, although we expect information and documents currently in
Chang Farms’ possession may reveal additional violations of the 2013 Consent Order. CRWC
intends to file suit for each day that Chang Farms has been in violation of its duties under the
2013 Consent Order.

V. Failure to Implement, Maintain and Update Best Management Practices (BMPs)

Chang Farm’s NPDES permit requires that Chang Farms “implement, maintain, and
update as necessary, a BMP Plan designed to reduce, or prevent the discharge of pollutants” to
the Connecticut River. See NPDES Permit I.A(17). The Permit requires the Facility’s BMP
Plan to contain several components that are explicitly set forth. Id. at A(17)(a-o). The fact that
the Facility continues to regularly exceed allowable effluent limits indicates that Chang Farms is
not in compliance with this requirement of the permit. Further, we expect information and
documents currently in Chang Farms’ possession may reveal additional evidence of noncompliance
with BMPs. CRWC intends to file suit for each day that Chang Farms has failed and
continues to fail to properly operate and maintain all pollution treatment and control facilities at
the Facility, including each and every day during the time period starting five years prior to the
date of this notice letter, through the date of this notice and through the duration of the suit.

VI. Conclusion

Discharges from the Facility have consistently violated and continue to violate the CWA
and present a direct threat to the Connecticut River. The violations identified in this notice letter
are based upon the best information currently available to CRWC. Due to the chronic and
persistent nature of this Facility’s violations, there is more than a reasonable likelihood of
ongoing violations in the future, and CRWC expects that the litigation discovery process will
result in the identification of additional violations. CRWC intends to sue for all violations,
including those yet to be uncovered and those committed after the date of this notice.
All pollutant permit limits described herein are described in the Facility’s NPDES permit.
Data regarding violations primarily came from Discharge Monitoring Reports submitted for
discharges from the Facility. If Chang Farms believes any information in this notice is
inaccurate, we encourage you to bring this to our attention as soon as possible.
If, during the 60-day notice period, representatives of Chang Farms wish to discuss any
aspect of this notice or explore options for resolving the issues described, please contact the
undersigned. Moreover, the 60-day notice period would be the appropriate time for Chang
Farms to inform CRWC of any steps it has already taken to remedy the violations discussed in
this notice. Because CRWC does not presently intend to delay the filing of a complaint past the
end of the 60-day period—even if settlement negotiations are in progress at that time—any
interest in such discussions should be communicated at your earliest possible convenience.

Sincerely,
Kevin Cassidy
Earthrise Law Center
Attorney for Connecticut River Watershed Council

PERSONS GIVING NOTICE AND REPRESENTING ATTORNEYS
The full name, address, and telephone number of the party providing this notice is:
Connecticut River Watershed Council
15 Bank Row
Greenfield, MA 01301
Telephone: (413) 772-2020

The attorney representing Connecticut River Watershed Council in this matter is:
Kevin M. Cassidy
Earthrise Law Center
P.O. Box 445
Norwell, MA 02061
Telephone: (781) 659-1696
Email: cassidy@lclark.edu

COPIES, VIA CERTIFIED MAIL/RETURN RECEIPT REQUESTED, TO:
Hon. Gina McCarthy, Administrator
U.S. EPA
1200 Pennsylvania Ave, N.W.
Washington, D.C. 20460
Curt Spalding, Regional Administrator
U.S. EPA Region 1
5 Post Office Square – Suite 100
Boston, MA 02109-3912
Martin Suuberg, Commissioner
Massachusetts Department of Environmental Protection
1 Winter Street
Boston, MA 02108

Table 1: Reported Effluent Violations

We have reviewed the DMRs submitted by the permittee, and discharges from the Facility have
repeatedly and consistently exceeded allowable pollution permit limits. To the best of our
knowledge, the following table summarizes all violations based on self-reported data in the
Facility’s DMRs2 between May 2010 and April 2015:

<Table not copied into this page because formatting in table form was not possible.  Please contact CRWC  MA River Steward Andrea Donlon for a copy of the pdf version of this document that includes the full table.>