Charles Santich, owner of Old Dutch Mustard Co., was sentenced on April 10 to 18 months in federal prison and ordered to pay a $250,000 fine after pleading guilty to knowingly discharging acidic wastewater into the Souhegan River without a permit. The company itself was ordered by U.S. District Court Judge Landya McCafferty to pay a $1.5 million fine and establish environmental compliance programs.
The sentencing follows years of environmental violations by the company, which manufactures mustard and vinegar products. The case highlights ongoing concerns about protecting New Hampshire’s waterways from industrial pollution.
According to court documents, Old Dutch Mustard has faced enforcement actions from the Environmental Protection Agency (EPA), New Hampshire Department of Environmental Services (NH DES), and the New Hampshire Attorney General’s Office since the 1980s due to repeated non-compliance with the Clean Water Act. Despite these measures, Santich constructed an underground pipe and drainage ditch in May 2017 designed specifically to bypass monitoring systems and discharge wastewater directly into the Souhegan River—a waterway designated as an important natural resource by the state.
U.S. Attorney Erin Creegan said, “Throughout years of repeated civil and administrative attempts to encourage Santich and his company to follow the law, Santich lied to state and federal authorities and even purposefully built the illegal infrastructure needed to pump his manufacturing waste into New Hampshire’s waterways, pushing his employees to help him violate the law.” Creegan also stated that persistent pollution impacted fish populations as well as recreational users along the river: “As the result of this years-long scheme of intentional misconduct and deceit, a criminal sanction is necessary to protect the public.”
New Hampshire Attorney General John M. Formella said, “This case reflects a deliberate effort to violate environmental laws and evade detection, putting one of New Hampshire’s valued waterways at risk… Protecting our rivers is a top priority, and our office will continue to pursue all appropriate actions.”
Evidence presented at trial showed that over six years Santich directed employees—under threat of termination—to operate pumps moving acidic wastewater through hidden pipes into local waters while submitting false documentation intended to mislead regulators. EPA toxicologists testified that these discharges likely contributed both directly—by harming aquatic life—and indirectly—by worsening mercury contamination advisories for fish consumption in affected areas.
State inspectors first discovered evidence of recent discharges in May 2023 when they observed low-pH water smelling strongly of vinegar flowing from a manmade ditch on company property into the river; Santich falsely claimed it resulted from failed agricultural efforts rather than illicit dumping.
The EPA Criminal Investigation Division led this investigation with assistance from NH DES officials as well as legal teams within both state government agencies.
