NJ-based company admits to Clean Water Act violations after 150 fish killed in CT waterway

A New Jersey-based company pleaded guilty Friday in Bridgeport to a felony violation of the Clean Water Act after knowingly contaminating a Connecticut brook in 2019 that led to more than 150 fish killed, officials said.

National Water Main Cleaning Company, based in New Jersey and owned by Carylon Corporation based in Chicago, waived its right to be indicted and pleaded guilty Friday before U.S. District Judge Kari Dooley in Bridgeport to a felony violation of the Clean Water Act, according to the United States Attorney’s Office for the District of Connecticut

The company reportedly discharged a pollutant into Cuff Brook while refurbishing a large culvert pipe in Cheshire in July 2019, officials said. The unauthorized discharge of uncured geopolymer mortar killed more than 150 fish and contaminated Cuff Brook.

Under the terms of the 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, according to officials.

Court records show that NWMCC submitted the lowest bid and entered into a contract with the town of 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 representative present each day, NWMCC began work on July 15, 2019, according to court documents. However, from July 16 to July 18, NWMCC reportedly 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, officials said. DEEP officials responded and determined that NWMCC was responsible for the pollutant release, thereby killing more than 150 fish and contaminating the waterway.

The government’s investigation revealed that NWMCC was aware that its environmental controls were deficient but did not remediate these deficiencies during the project, according to officials. 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 concerning 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.

“Any business operating in Connecticut that ignores environmental laws does so at its own peril,” said U.S. Attorney Vanessa Roberts 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.”

Sentencing is scheduled for Feb. 27, according to officials.

The case was investigated by the U.S. Environmental Protection Agency’s Criminal Investigation Division with the assistance of the Connecticut Department of Energy and Environmental Protection and the Connecticut Office of the Attorney General.

Stephen Underwood can be reached at sunderwood@courant.com.

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