Citizen Suit / Clean Water Act: Notice of Intent for Environmental Integrity Project at Sue York County, Pennsylvania Food Processing Plant | Mitchell, Williams, Selig, Gates & Woodyard, PLLC

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The Environmental Integrity Project (“EIP”) sent a Notice of Intent to Prosecute (“NOI”) to Hanover Foods Corporation (“HFC”) on June 29, alleging violations of the Federal Food Quality Act. Pennsylvania Water and Clean Streams Act.

The alleged violations relate to the HFC Food Processing Facility (“Facility”) located in York County, Pennsylvania.

The facility is supposed to produce canned, glass and frozen vegetables (beans, potatoes, beets and tomatoes).

The notice of intent indicates that the facility generates industrial wastewater. This wastewater is declared to be treated in an on-site industrial wastewater treatment plant. Wastewater is reported to be discharged into the Penn Township Municipal Wastewater Treatment Plant and Oil Creek.

Food processing operations are expected to generate non-contact cooling water and process wastewater.

NOI alleges the following violations:

  • Violations of the effluent concentration limits of the 2015 permit
  • Violations of the effluent load limits of the 2015 permit
  • Chronic timely and proper reporting failures under the 2015 permit
  • Failure to properly operate and maintain facilities under the 2015 permit
  • Violations of the Chesapeake Bay Schedule reporting requirements and the Chesapeake Bay nutrient reporting requirements of the 2015 permit
  • Violations of the 2015 Permit Temperature and Effluent Limits Compliance Schedule reporting requirements
  • Unauthorized release of substances that cause observed deposits or produce an observed change in color or turbidity of receiving water
  • Violations of the effluent load limits and flow limits of the 2016 pretreatment license and the flow limits of the 2021 pretreatment license

EIP proposes to bring an action under sections 505 (a) (1) and (b) (1) (A) of the Clean Water Act in the United States District Court for the Middle District of Pennsylvania for such alleged violations 60 days after providing the NO JE.

A copy of the NOI can be downloaded here.

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