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NH Company Agrees to Pay $190,000 Penalty to Settle Clean Water Act Violations

Release Date: 09/15/04
Contact Information:

Contact: Peyton Fleming, EPA Press Office, 617-918-1008

For Immediate Release: September 15, 2004; Release # 04-09-03

BOSTON – The US Environmental Protection Agency announced today that a Greenville, NH food company has agreed to pay a $190,000 penalty stemming from Clean Water Act violations that caused substantial harm to a brook.

According to the consent decree lodged today in federal court, Pilgrim Foods discharged wastewater over many years into a stream on the company’s property that is a tributary of the Souhegan River. The discharges were acidic and contained other pollutants, causing significant environmental damage to the brook.

Pilgrim Foods, which is owned by Old Dutch Mustard Company Inc. of New York, agreed to pay $190,000 plus interest. The company also agreed to:

• come into compliance with federal environmental laws
• undertake an audit of its environmental compliance
• develop and implement a comprehensive environmental management system to make sure it continues to follow environmental regulations.

More penalties were stipulated if Pilgrim violates the terms of the settlement.

“These violations were serious and caused documented harm to the environment,” said Robert W. Varney, regional administrator of EPA’s New England Office. “I’m encouraged that as a result of this case, Pilgrim has joined many other businesses in New England that work to follow these regulations and take their environmental obligations seriously.”

Pilgrim Foods makes vinegar, mustard and apple juice. As part of its business, Pilgrim stores liquid in above-ground tanks, loads and unloads raw and processed materials and fuels, washes and maintains vehicles. These activities resulted in leaking, spilling and discharges of low pH liquids, an oil spill and discharge of liquids related to maintaining vehicles.

Specific violations named in the settlement include:

• failure to apply for a National Pollution Discharge Elimination System (NPDES) permit to discharge stormwater from a tank farm at the facility.
• discharging stormwater and process wastewater without a permit.
• discharging oil into a stream.
• failure to have a Spill Prevention Control and Countermeasure Plan for its oil storage facilities.

The Clean Water Act prohibits discharges of pollutants into public waterways without a permit. The federal law also requires that facilities storing fuel that pose a risk of spills to water bodies to develop and maintain a detailed oil spill prevention and cleanup plan.

For more information about stormwater and NPDES permit requirements, visit the agency’s web site at www.epa.gov/ne/topics/water/stormwater.html

Related Information:
Storm Water Topics
Water Enforcement in New England
Clean Water Act