A New Jersey-based company, National Water Main Cleaning Company (NWMCC), has pleaded guilty to a felony violation of the Clean Water Act. The charge stems from an incident in July 2019 when the company knowingly discharged a pollutant into Cuff Brook while refurbishing a culvert pipe in Cheshire, Connecticut. This unauthorized discharge resulted in the death of more than 150 fish and contaminated the brook.

The U.S. Attorney for the District of Connecticut, Vanessa Roberts Avery, along with Tyler Amon, Special Agent in Charge of EPA’s Criminal Investigation Division for New England, announced NWMCC's plea before U.S. District Judge Kari A. Dooley in Bridgeport. Under its plea agreement, if accepted by the court, NWMCC will face federal probation for three years and pay $1 million in penalties. This includes $500,000 as a federal penalty and another $500,000 to fund aquatic ecosystem projects managed by the Connecticut Department of Energy and Environmental Protection (CT DEEP).

NWMCC had won a contract with the Town of Cheshire to repair an 11-foot culvert pipe under Marion Road by submitting the lowest bid. The project specifications required dry conditions and environmental controls to prevent any leakage into Cuff Brook. However, between July 16 and July 18, 2019, NWMCC proceeded without these controls and continued work despite heavy rain on July 17. As a result, uncured geopolymer mortar seeped into Cuff Brook.

A resident reported dead fish and discolored water on July 18, prompting CT DEEP's response which confirmed NWMCC's responsibility for the pollution. CT DEEP estimated that it would take three to five years for Cuff Brook to recover.

The investigation found that NWMCC was aware of its inadequate environmental controls but failed to address them during the project. The company attempted to place blame on an inadequately trained employee who was unaware of the hazards posed by uncured geopolymer mortar.

Furthermore, it was revealed that NWMCC lacked comprehensive environmental training programs despite their core business involving infrastructure repairs near public waterways. The company's bonus policy encouraged quick project completion at potential environmental costs.

U.S. Attorney Avery emphasized that businesses ignoring environmental laws do so at their own risk: "By prioritizing its bottom line over environmental compliance, NWMCC allowed a hazardous substance to escape into Cuff Brook." Special Agent Amon noted that "Environmental compliance and corporate accountability for illegal pollution are key components" in enforcing laws protecting natural resources.

Judge Dooley has scheduled sentencing for February 27. The case is being prosecuted by Assistant U.S. Attorney Hal Chen with investigations conducted by EPA’s Criminal Investigation Division alongside CT DEEP and Connecticut Office of the Attorney General.