The Justice Department and Environmental Protection Agency, working in conjunction with the Pennsylvania Department of Environmental Protection, have announced a proposed consent decree with Hanover Foods Corporation. Under the proposed settlement, Hanover Foods would pay a $1.15 million civil penalty and take a series of actions to address violations of the Clean Water Act at its wastewater treatment facility in Hanover, Pennsylvania.
“Hanover Foods allegedly failed to properly treat industrial wastes at its wastewater treatment facility, jeopardising human health and the environment,” said Principal Deputy Assistant Attorney General Adam Gustafson of the Justice Department’s Environment and Natural Resources Division.
Gustafson noted that the Clean Water Act was enacted more than 50 years ago to put a stop to this type of water pollution.
“If accepted by the court,” Gustafson stated, “the consent decree will hold the company accountable and help ensure it continues to upgrade its facility and take other steps to prevent unlawful discharges of industrial waste.”
“Ensuring that Hanover Foods takes the necessary steps to prevent the release of nutrients and other pollutants underscores the EPA’s commitment to protecting our nation’s waterways,” said Acting Assistant Administrator Craig Pritzlaff of the EPA’s Office of Enforcement and Compliance Assurance.
Pritzlaff added, “The measures outlined in the consent decree are essential for bringing Hanover’s facility into compliance with the Clean Water Act. They are vital for safeguarding the Chesapeake Bay and ensuring that local water sources remain clean, thereby protecting the health and well-being of the communities that rely on them.”
As alleged in a complaint filed in connection with the proposed consent decree, Hanover Foods failed to comply with a state-issued National Pollutant Discharge Elimination System permit for its wastewater treatment plant in Hanover, Pennsylvania. NDPES permits are required for discharging wastewater into waters of the United States.
At this facility, Hanover Foods processes beans and vegetables for canning and fresh packing. Hanover Foods treats industrial waste generated by these operations before discharging wastewater into Oil Creek, which eventually flows into the Susquehanna River and then into the Chesapeake Bay.
Since 2016, Hanover Foods has violated its NPDES permit on more than 600 occasions by exceeding its permit limits for pollutants, including suspended solids, ammonia nitrogen, and phosphorus.
In addition, environmental inspections identified numerous alleged violations of operations and maintenance requirements at Hanover Foods’ facility.
Under the terms of the proposed consent decree, Hanover will install new equipment and take other measures to prevent violations of its permit limits for certain nutrients and for temperature.
Excessive nutrients and high temperatures can harm aquatic life, including fish, shellfish, and underwater grasses that support aquatic ecosystems.
In addition to upgrades made while this case was under investigation, Hanover Foods will upgrade its wastewater treatment system, closely monitor compliance with its discharge permit, report any violations, identify their root causes, and take corrective action to address them.
The upgrades include installing a permanent boiler to maintain proper temperatures in its treatment process, implementing spare-parts programs to avoid equipment downtime, and improving Hanover’s operations and maintenance program, including additional monitoring and tracking requirements.
