A New Jersey-based company, National Water Main Cleaning Company (NWMCC), has pleaded guilty to a felony violation of the Clean Water Act. This comes after the company knowingly discharged a pollutant into Cuff Brook in Cheshire, Connecticut, while refurbishing a culvert pipe in July 2019. The discharge resulted in the death of over 150 fish and contamination of the brook.
The plea was entered before U.S. District Judge Kari A. Dooley in Bridgeport, Connecticut. Under the terms of the plea agreement, if accepted by the court, NWMCC will face federal probation for three years and pay penalties totaling $1 million. This includes a $500,000 federal penalty and another $500,000 towards aquatic ecosystem enhancement projects administered by the Connecticut Department of Energy and Environmental Protection (CT DEEP).
According to court documents, NWMCC had secured a contract with the Town of Cheshire to repair an 11-foot culvert pipe under Marion Road. Despite project specifications requiring dry conditions and environmental controls to prevent leaks into Cuff Brook, NWMCC sprayed geopolymer mortar without such controls from July 16-18, 2019. Heavy rain on July 17 contributed to uncured mortar seeping into the brook.
The Connecticut Department of Energy and Environmental Protection determined that NWMCC's actions led to pollution in Cuff Brook, with recovery expected to take three to five years. Investigations revealed that NWMCC was aware of deficient environmental controls but failed to address them during the project.
The investigation also uncovered inadequacies in NWMCC’s employee training regarding environmental regulations despite their business focus on infrastructure near public waterways. Additionally, their bonus policy incentivized quick project completions over compliance.
U.S. Attorney Vanessa Roberts Avery emphasized that businesses ignoring environmental laws risk severe consequences: "By prioritizing its bottom line over environmental compliance, NWMCC allowed a hazardous substance to escape into Cuff Brook." Special Agent Tyler Amon noted that corporate accountability is essential for enforcing environmental laws: “Environmental compliance and corporate accountability for illegal pollution are key components."
Sentencing is scheduled for February 27.
The case was investigated by several agencies including the U.S. Environmental Protection Agency – Criminal Investigation Division with prosecution led by Assistant U.S. Attorney Hal Chen.