EPA and DOJ Settle Clean Water Act Case With Old Dutch Mustard Over Acidic River Discharges

Why Old Dutch Mustard Is Paying a $50,000 Civil Penalty

Federal environmental and justice officials have reached a civil settlement with Old Dutch Mustard Co., Inc. over years of Clean Water Act violations at its Greenville, New Hampshire, manufacturing facility. The mustard and vinegar producer has agreed to pay a $50,000 civil penalty and to implement what the Environmental Protection Agency describes as a comprehensive environmental compliance program.

The government's complaint alleges that the facility's stormwater discharge permit was violated through acidic pollutant releases into a tributary of the Souhegan River. According to the filing, monitoring results showed high acidity on at least 1,728 days during the period the government identifies as November 2019 through December 2026, indicating unauthorized wastewater discharges. The company is also accused of failing to provide required compliance information to EPA in a timely manner.

The civil action follows a separate criminal case that had already escalated the stakes for the company. In February 2025, Old Dutch Mustard and its president pleaded guilty to criminal Clean Water Act violations. In April 2026, the president was sentenced to 18 months in federal prison and ordered to pay a $250,000 fine, while the company was placed on probation for five years and ordered to pay a $1.5 million criminal fine and to establish environmental compliance and ethics programs.

Federal prosecutors said the new consent decree is intended to end decades of noncompliance and to impose close monitoring of the facility. The proposed agreement was filed in the U.S. District Court for the District of New Hampshire and remains subject to a 30-day public comment period before it can take effect.

What the Old Dutch Mustard Consent Decree Means for the Company and Its Industry

Why Federal and State Agencies Kept Escalating Against Old Dutch Mustard

The settlement is the latest in a sequence of enforcement actions involving EPA, the New Hampshire Department of Environmental Services, and the New Hampshire Attorney General's Office. The government's account points to a repeat pattern of acidic discharges and incomplete cooperation, with the U.S. Attorney for New Hampshire describing prior efforts as being met with “schemes and deception.” That history explains why the resolution is a court-enforced consent decree rather than an administrative agreement: agencies wanted judicial oversight that could compel investigation and corrective action.

What the Consent Decree Actually Changes at the Greenville Facility

Under the agreement, Old Dutch Mustard must not only pay the $50,000 civil penalty but also thoroughly investigate any future discharge of pollutants, identify the cause, and implement corrective measures to stop further releases. Because the facility has a history of acidic monitoring results and late compliance reporting, the practical effect is closer scrutiny of the tributary that runs through the property. The agreement does not by itself guarantee cleaner water, but it creates enforceable obligations that were previously the subject of repeated disputes.

The Competitive and Reputational Stakes for Old Dutch Mustard

Justice Department officials framed the settlement as a way to level the playing field for American businesses, meaning competitors who have borne the cost of Clean Water Act compliance should not face an advantage from a firm that did not. For Old Dutch Mustard, the combination of a criminal conviction, a five-year probation term, and a civil consent decree creates both cost and reputation burdens. The company retains its operations, but it now faces court-ordered compliance spending and a public record of river pollution.

Compliance Steps for Food and Beverage Facilities After the Old Dutch Ruling

For food and beverage manufacturers with Clean Water Act permits, the Old Dutch case offers a specific compliance reference rather than a generic warning.

• Review stormwater discharge permits for acidic pH excursions before regulators do: the complaint identifies at least 1,728 days of high-acidity monitoring results between November 2019 and December 2026 as evidence of unauthorized wastewater discharges.
• Treat multiple prior enforcement contacts as an escalation signal. Old Dutch Mustard's history included EPA, New Hampshire DES, and New Hampshire Attorney General actions, and it ultimately produced both a criminal conviction and this $50,000 civil settlement.
• Use the consent decree's required remedies as a checklist: investigate any future discharge, determine its cause, implement corrective measures, and submit compliance information to EPA on time.