Unilever, Clean Water Act Violation, CT 2014

Hartford, CT – Consumer goods giant Unilever has been sentenced following a criminal investigation into illegal wastewater discharges at its former Clinton, Connecticut manufacturing facility. The company, operating as Conopco, Inc., was handed a three-year probation period and a $1 million fine after pleading guilty to violating the Clean Water Act in December 2013.

According to court documents, the violations stemmed from a pattern of bypassing the plant’s wastewater treatment system, dating back potentially as far as 2006. A contract employee initially discovered a direct discharge into Hayden Creek in December 2008, reporting it to Unilever personnel. Despite the discovery, and the requirement for immediate notification of state authorities, the Connecticut Department of Energy and Environmental Protection (DEEP) wasn’t informed for five days. Further investigation by the Environmental Protection Agency (EPA) revealed the bypass wasn’t an isolated incident, but rather a routine practice concealed from management.

The EPA investigation uncovered evidence that wastewater treatment operators had been intentionally circumventing the system on a weekly basis for up to two years, releasing approximately 1,500 gallons of partially treated wastewater directly into the environment. While management was aware of systemic issues with the aging treatment facility – including frequent need for off-site waste hauling and understaffing – these deliberate bypasses remained hidden. Unilever initially characterized the incident as a potential act of vandalism and claimed an inability to determine responsibility, assertions later debunked by the EPA.

Federal prosecutors detailed how a junior wastewater operator admitted to intentionally bypassing the system on December 5, 2008. The investigation also revealed a lack of proper oversight and training for operators, despite the complexity of the treatment process. The plant’s senior operator, lacking the necessary qualifications, was frequently absent, leaving the junior operator to manage the system without adequate supervision. This combination of factors facilitated the ongoing, unreported discharges.

Penalties and Remediation

U.S. District Judge Robert N. Chatigny imposed the $1 million fine and three years of probation. However, the financial penalties extend beyond the court-ordered fine. Unilever has also agreed to contribute $3.5 million to state and local environmental programs, including $2.5 million dedicated to the Connecticut Institute for Resiliency and Climate Adaptation at the University of Connecticut’s Avery Point campus for research into the effects of rising sea levels. An additional $1 million will fund a fishway in Clinton and other ecosystem restoration projects in the lower Hammonasset River watershed.

The company will also be subject to periodic environmental compliance inspections at all of its U.S. manufacturing locations. Unilever is required to certify within one year of sentencing that all relevant employees have received basic environmental compliance training, with additional training mandated for those responsible for mandatory reporting to environmental agencies. The case was a joint investigation by the U.S. Environmental Protection Agency and the Connecticut Department of Energy and Environmental Protection.

Key Facts

• Defendant: Conopco d.b.a. Unilever
• State: Connecticut
• Year: 2014
• Statutes Violated: 33 U.S.C. 1319(c)(2)(A) – Knowingly violating the Clean Water Act.
• Penalties: $1 million fine, 3 years probation, $3.5 million contribution to environmental projects.
• Incident: Routine, unreported bypasses of wastewater treatment system, discharging untreated wastewater into Hayden Creek.
• Discovery: Initially discovered by a contract employee in December 2008, but not reported to authorities for five days.

Source: EPA ECHO Enforcement Case Database

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