This story was originally produced by the Concord Monitor. NHPR is republishing it in partnership with the Granite State News Collaborative.
Old Dutch Mustard Co. will implement a “comprehensive water pollution compliance program” after its owner was sentenced in April for knowingly contaminating the Souhegan River, according to U.S. Attorney Erin Creegan.
The mustard and vinegar manufacturing company entered into a consent decree on Thursday, bringing about a resolution to the civil case alleging it violated the Clean Water Act without an admission of guilt or liability.
Reform will require Old Dutch Mustard to improve how it monitors the stream that flows under and in front of its Greenville facility to provide real-time data, thoroughly investigate any future discharges of acidic pollutants into that stream and implement corrective measures to stop them.
“Enough is enough. Today’s consent decree will mean close monitoring of the Old Dutch Mustard Company so that we can protect a treasured New Hampshire waterway, and the public, from further pollution,” Creegan said in a statement.
Earlier this year, Charles Santich, the company’s New York-based president, was sentenced to 18 months in federal prison for knowingly discharging acidic wastewater and stormwater into the stream, which is a tributary to the Souhegan River. He did so without a permit and in violation of the Clean Water Act, according to court documents.
The company’s compliance issues date back to the 1980s. When the state Department of Environmental Services, U.S. Environmental Protection Agency and state Attorney General’s office required Old Dutch Mustard to continuously monitor the stream, Santich worked to evade detection by pumping pollutants into the Souhegan River through an underground pipe.
“State and federal government agencies repeatedly attempted to secure the company’s cooperation in keeping the river clean, and those efforts were met with schemes and deception that resulted in both a criminal prosecution and the civil violations set forth in today’s action,” Creegan said.
In addition to Santich’s sentencing in April, U.S. District Court Judge Landya McCafferty also ordered Old Dutch Mustard to pay a $1.5 million fine and to implement a compliance and ethics program.
Under the settlement agreement, Old Dutch Mustard will pay an additional civil penalty of $50,000, according to the EPA.
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