Old Dutch Mustard to Implement Comprehensive Cleanup After 1,700 Days of Illegal Acidic Discharges Into New Hampshire Waterway

GREENVILLE, N.H. – Old Dutch Mustard, a mustard and vinegar manufacturing company, has agreed to implement a comprehensive water pollution compliance program to resolve allegations that it violated the Clean Water Act on more than 1,700 days over a six-year period, federal officials announced today.

The consent decree, lodged with the U.S. District Court for the District of New Hampshire, requires the company to address illegal discharges of acidic pollutants into a tributary to the Souhegan River at its facility in Greenville.

The United States’ complaint, filed on behalf of the Environmental Protection Agency, alleged that Old Dutch Mustard violated the Clean Water Act on 1,728 days between November 2019 and February 2026 by discharging acidic pollutants into the stream. The complaint also alleged that the company failed to comply with its stormwater discharge permit and failed to timely provide compliance information upon EPA’s request.

“Today’s consent decree will ensure that this company comes into compliance with the Clean Water Act, leveling the playing field for American businesses,” said Principal Deputy Assistant Attorney General Adam Gustafson of the Justice Department’s Energy and Natural Resources Division. “We are committed to upholding the rule of law, including the Clean Water Act.”

According to the complaint, Old Dutch Mustard has a two-decade long history of unlawfully discharging acidic wastewater and stormwater into a stream that flows underneath and in front of the company’s facility. The stream flows into the Souhegan River, which is one of 19 New Hampshire rivers designated by the state as an important natural resource.

The company has been subject to enforcement actions by the EPA, the New Hampshire Department of Environmental Services, and the New Hampshire Attorney General’s Office. Old Dutch Mustard has also been the subject of separate criminal violations of the Clean Water Act, for which the company and its president were sentenced in April.

“This action demonstrates that EPA will pursue repeat violators and hold them accountable through formal enforcement in court,” said Assistant Administrator Jeffrey A. Hall of EPA’s Office of Enforcement and Compliance Assurance. “This consent decree finally resolves decades of noncompliance with the Clean Water Act by ensuring that the company will comprehensively identify and address all sources of pollution into the tributary that runs through the facility.”

The Clean Water Act prohibits the discharge of any pollutant into navigable waters of the United States without a permit. The consent decree requires Old Dutch Mustard to improve its monitoring to provide real-time data, thoroughly investigate any future discharges to determine their cause, and implement corrective measures to stop them.

“Old Dutch Mustard spent years polluting the Souhegan River,” said U.S. Attorney Erin Creegan for the District of New Hampshire. “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. 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.”

Kentucky Charcoal Owner Admits to Falsifying Clean Air Data in Federal Plea

WASHINGTON – The owner of a Kentucky charcoal production company has pleaded guilty to falsifying data related to air emissions from his facility, federal officials announced today.

Nicholas Upchurch, 46, owned Rebel Smoke, a company in Burkesville, Kentucky, that used kilns to convert wood to charcoal. According to court documents and his plea agreement, Upchurch admitted to fabricating data submitted to the Commonwealth of Kentucky as part of compliance with the company’s air permit.

The air emissions from the facility were required to be routed through emissions control facilities to reduce pollution released into the environment. However, Upchurch falsified compliance reports submitted to state regulators.

Principal Deputy Assistant Attorney General Adam Gustafson of the Justice Department’s Energy and Natural Resources Division and EPA Assistant Administrator Jeffrey A. Hall of the Office of Enforcement and Compliance Assurance announced the guilty plea.

“Falsifying environmental data undermines the regulatory framework designed to protect public health and the environment,” the announcement stated.

Upchurch faces a maximum penalty of two years in prison and a $250,000 fine for the falsification count. A federal district court judge will determine whether to accept the plea agreement after considering the U.S. Sentencing Guidelines and other statutory factors. No sentencing date has been scheduled.