New Jersey Company Admits Clean Water Act Violations, Causing Fish Kill in Cheshire

Vanessa Roberts Avery, United States Attorney for the District of Connecticut, and Tyler Amon, Special Agent in Charge of EPA's Criminal Investigation Division for New England, announced that NATIONAL WATER MAIN CLEANING COMPANY ("NWMCC") waived its right to be indicted and pleaded guilty today before U.S. District Judge Kari A. Dooley in Bridgeport to a felony violation of the Clean Water Act ("CWA") for knowingly discharging a pollutant into Cuff Brook while refurbishing a large culvert pipe in Cheshire, Connecticut, in July 2019. The unauthorized discharge of uncured geopolymer mortar killed more than 150 fish and contaminated Cuff Brook.

NWMCC is based in New Jersey and owned by Carylon Corporation based in Chicago, Illinois. Under the terms of its plea agreement, if accepted by the court, NWMCC will be under federal probation for three years, and must pay a $500,000 federal penalty and $500,000 to fund aquatic ecosystem enhancement projects in the South Central Coastal Watershed, as administered by the Connecticut Department of Energy and Environmental Protection ("CT DEEP").

According to court documents and statements made in court, NWMCC had submitted the lowest bid and entered into a contract with the Town of Cheshire ("Cheshire") to repair a decaying 11-foot culvert pipe underneath Marion Road. Cheshire's project specifications required that the work be done under dry conditions along with environmental controls to prevent uncured geopolymer mortar from leaking into Cuff Brook.

With a Cheshire Department of Public Works ("DPW") representative present each day, NWMCC began work on July 15, 2019. However, from July 16 to July 18, 2019, NWMCC sprayed geopolymer mortar onto the culvert pipe without the mandated environmental controls. On July 17, 2019, NWMCC crews continued to work despite heavy rain, which led to uncured geopolymer mortar seeping into Cuff Brook. On July 18, 2019, a Cheshire resident with property abutting Cuff Brook observed dead fish and discolored water with an oily sheen in the brook, and smelled a chemical odor similar to lighter fluid. CT DEEP responded and determined that NWMCC was responsible for the pollutant release, thereby killing more than 150 fish and contaminating the waterway. CT DEEP estimated that Cuff Brook would not return to its prior state for three to five years.

The government's investigation revealed that NWMCC was aware that its environmental controls were deficient, but did not remediate these deficiencies during the project. Although the company attempted to blame the pollutant release and fish kill on a single employee, the investigation showed that he had been inadequately trained, directed to complete the job in an unrealistic timeframe, and was never informed that the uncured geopolymer mortar was hazardous to the environment.

The investigation also revealed that NWMCC lacked a meaningful and comprehensive environmental training program for its employees, particularly with respect to the CWA, even though NWMCC's core business is repairing and rehabilitating infrastructure that interfaces with public waterways. In addition, NWMCC's bonus policy incentivized site supervisors and executives to push their work crews to perform projects quickly and maximize the number of jobs completed. At the time of Cheshire project, NWMCC was operating under a Code of Conduct as part of a 2014 settlement with the Massachusetts Attorney General's Office to resolve civil allegations involving environmental pollution.

"Any business operating in Connecticut that ignores environmental laws does so at its own peril," said U.S. Attorney Avery. "By prioritizing its bottom line over environmental compliance, NWMCC allowed a hazardous substance to escape into Cuff Brook, causing a fish kill and contaminating a public body of water. This prosecution under the Clean Water Act is a reminder that a profit-driven approach to environmental protection will not go unpunished in Connecticut. We thank the EPA for its invaluable work in protecting the environmental integrity of Connecticut's waterways."

"In pleading guilty today, NWMCC accepted responsibility for its illegal discharge of a hazardous chemical into Cuff Brook, and for its failure to adequately manage this public works project," said Special Agent in Charge Amon. "Environmental compliance and corporate accountability for illegal pollution are key components in our continuing work with the Connecticut Department of Energy and Environmental Protection and the Connecticut Office of the Attorney General to enforce vigorously the laws that protect our air, water, and land."

Judge Dooley scheduled sentencing for February 27.

This matter was investigated by the U.S. Environmental Protection Agency - Criminal Investigation Division with the assistance of the Connecticut Department of Energy and Environmental Protection and the Connecticut Office of the Attorney General. The case is being prosecuted by Assistant U.S. Attorney Hal Chen.