On Tuesday, the Conservation Law Foundation, Inc. filed an action against Nylon Corporation of America, Inc. and Wembly Enterprise, LLC in the District of New Hampshire. Plaintiff alleges that Defendants have violated, and continue to violate, the Clean Water Act, by discharging pollutants from their “nylon production facility“ in Manchester, New Hampshire into the Merrimack River.
On its website, Nylon Corporation of America describes itself as “a leading manufacturer of specialty engineered nylon resins” and as having the ability “to innovate rapidly in nylon chemistry and plastics engineering.”
The plaintiff describes itself as “a nonprofit, member supported, regional environmental advocacy organization dedicated to protecting New England’s environment.” Plaintiff alleges that Wembly Enterprises is Nylon Corporation of America’s parent, and the complaint in general treats them as one entity that “own[s] and /or operate[s]” the production facility.
The plaintiff alleges that Defendants have violated the wastewater and stormwater permits that govern their activities, specific Clean Water Act provisions and regulations promulgated thereunder as well as certain regulatory requirements of the State of New Hampshire. The allegations encompass not only discharges in the Merrimack River but also violations of monitoring, certification and reporting requirements.
Plaintiffs seek declaratory and injunctive relief and fees as well as the imposition of civil penalties “of up to $56,460 per day pert violation for all violations occurring after November 2, 2015…” Pursuant to the Code of Federal Regulations (40 C.F.R. 19.4), this amount may increase to $59,973 for penalties assessed after 1/12/2022.
Plaintiff is represented by in-house attorneys located in Massachusetts and New Hampshire.