SEYMOUR, CT – Marmon Utility, LLC, a subsidiary of Berkshire Hathaway, has been sentenced for a significant violation of the Clean Water Act, stemming from years of neglect at its Kerite Power Cable & Pump Cable factory in Seymour, Connecticut. The company’s failure to properly maintain its industrial wastewater treatment system resulted in a massive discharge of heavy metals into the local publicly owned treatment plant (POTW), crippling its operations and necessitating costly remediation efforts.
According to court documents and investigations by the Connecticut Department of Energy and Environmental Protection (CT DEEP), the issues began as early as 2004, following staff downsizing that led to the termination of the factory’s dedicated environmental facilities manager. While a maintenance employee initially took on some responsibilities, that employee left in March 2016, leaving a critical gap in oversight. For the subsequent five months, essential maintenance on the wastewater treatment system (WWTS) – including pH probe checks, operation of the sludge filter press, and bag filter replacements – was reportedly abandoned. Instead of properly treating the wastewater, employees allegedly resorted to simply emptying full tanks.
The consequences of this negligence became dramatically apparent in September 2016. The POTW superintendent observed unusually colored, rusty brown wastewater entering the plant. Subsequent testing revealed shockingly high concentrations of lead – approximately 127 times the normal readings – and zinc, exceeding typical levels by a factor of ten. The contaminated influx severely hampered the POTW’s ability to process sewage, forcing personnel to implement emergency measures, including the addition of multiple truckloads of biologic microorganisms to attempt to restore biological processing capabilities.
The POTW struggled for two weeks to regain its normal operational capacity. A CT DEEP inspection confirmed that the Kerite facility was the source of the illegal discharge, triggering a Notice of Violation. Investigators determined that the factory had knowingly bypassed required treatment processes, releasing untreated industrial wastewater directly into the system. The discharge not only endangered the POTW but also posed a potential threat to the Naugatuck River, which receives effluent from the plant.
Penalties and Remediation
On April 7, 2022, the court levied a substantial penalty against Marmon Utility, LLC. The company was ordered to pay an $800,000 fine for violating the Clean Water Act. In addition to the financial penalty, Marmon was placed on a three-year term of probation and required to contribute $1.6 million towards a community service project focused on remediating the Naugatuck River, overseen by CT DEEP. This remediation work aims to address any lingering environmental damage caused by the improperly treated wastewater.
Key Facts
- Defendant: Marmon Utility, LLC (Berkshire Hathaway subsidiary)
- Location: Seymour, Connecticut
- Statutes Violated: 33 U.S.C. 1319(c)(2)(A) – Clean Water Act
- Timeline: Neglect began around 2004, major discharge in September 2016, sentencing April 2022
- Discharge: Industrial wastewater containing lead and zinc at levels exceeding permitted limits.
- Penalties: $800,000 fine, three-year probation, $1.6 million river remediation.
This case underscores the critical importance of consistent environmental oversight and diligent maintenance of industrial wastewater treatment systems. The incident highlights the potentially devastating consequences of corporate negligence and the significant financial and environmental costs associated with failing to comply with environmental regulations. GrimyTimes will continue to follow this case and report on the progress of the Naugatuck River remediation efforts.
Source: EPA ECHO Enforcement Case Database
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