Attorney General Philip T. McLaughlin, Department of Environmental Services Commissioner Robert W. Varney and Michael E. Hubbard, Special Agent-in-Charge of the U.S. Environmental Protection Agency Criminal Investigation Division, New England Office, announce that on February 8, 2001 the Attorney General filed a criminal charge against David Bourgault in the Hillsborough County Superior Court in Nashua. The criminal complaint alleges that Bourgault illegally discharged sewage and waste to the Souhegan River between May of 1999 and February of 2000.

The Town of Greenville employed David Bourgault as the Chief Operator at the town wastewater treatment plant. The U.S. Environmental Protection Agency (E.P.A.) issued the town treatment plant a discharge permit that required regular monitoring and testing of the plant's treated waste prior to its release into the environment. As the Chief Operator, Bourgault was responsible for sampling and testing the treatment facility's effluent (treated wastewater) before it could be discharged into the Souhegan River. Bourgault is charged with failing to properly test the facility's effluent between May of 1999 and February of 2000, resulting in the discharge and disposal of sewage and waste to the Souhegan River.

In April of 1999, New Hampshire Fish and Game Conservation Officer Tod Szewczyk reported to the Department of Environmental Services (DES) what appeared to be a release of raw sewage to the Souhegan River from a pipe along the river. Lori Sanville, from the DES Wastewater Engineering Bureau, immediately inspected the treatment plant and the discharge pipe in the river. Sanville ascertained that the discharge came from the Town of Greenville's Wastewater Treatment Plant and immediately confirmed through sampling and testing that the discharge exceeded the waste limits of the town's discharge permit issued by the E.P.A.

The New Hampshire Attorney General's Office and the EPA's Criminal Investigation Division launched a joint investigation that concluded with the charging of David Bourgault.

The misdemeanor charge brought against Bourgault carries a potential penalty of up to one-year incarceration in the house of corrections and a $2,000 fine. DES revoked Bourgault's wastewater treatment plant operator's license.

In announcing the filing of the charge, Attorney General Philip McLaughlin said, "The unpermitted disposal of sewage and waste to New Hampshire's surface waters poses a serious threat to public health and the environment. Treatment plant operators must be held fully accountable to the communities they serve and protect through their adherence to the environmental laws. Criminal acts in violation of the regulations protecting water quality will be prosecuted to the fullest extent of the law." The Attorney General also expressed appreciation to the EPA Criminal Investigation Division for its valuable assistance in the investigation.

DES Commissioner Robert W. Varney stated, "DES is committed to the protection of the state's surface waters. Toward that end, DES licenses and trains treatment plant operators in the proper running of the wastewater facilities and works closely with E.P.A to ensure compliance. An operator's failure to abide by the rules will result in swift action by DES to suspend or revoke an operator's license and a referral to the Attorney General's Office for additional enforcement, including criminal prosecution."

For further information, please contact Assistant Attorney General Geoffrey Ransom at (603) 271-3679.