State Reaches Agreement with Birds Eye Foods to Resolve Environmental Contamination Issues

An agreement between the Department of Natural Resources and Environment and Birds Eye Foods, LLC will resolve wastewater treatment and environmental contamination issues at Birds Eye's Fenville facility, the DNRE announced today.

A copy of the agreement, an administrative consent order (ACO), is available for the public to view on the DNRE's website at http://www.michigan.gov/deq/0,1607,7-135-3313_4117---,00.html. 

"This settlement represents a significant achievement benefitting the citizens of the Fennville area," said DNRE Director Rebecca A. Humphries.  "The actions to be taken will provide safe drinking water to affected area residents and fully address the environmental issues in the area, while assuring the continued presence of Birds Eye as an important component of the local economy."

The work to be completed by Birds Eye under the terms of the ACO will be coordinated with the completion of the city of Fennville municipal water supply extension to residences in the area affected by groundwater contamination downgradient of the Birds Eye facility.  The water supply extension is the result of efforts of the Michigan Department of Agriculture, the Michigan Economic Development Corporation (MEDC), the city of Fennville, and the townships of Clyde and Manlius.  The water supply extension is funded by a Community Development Block Grant to the city and administered by the MEDC.  The ACO requires that Birds Eye also contribute monetarily to the water supply extension.

Under the terms of the ACO, Birds Eye will construct a new wastewater treatment system.  Wastewater from the new treatment system will be sprayed on agricultural fields during the growing season under the terms of the groundwater discharge permit, and will be discharged to surface water via the city of Fennville municipal wastewater treatment system during the winter to avoid discharge to the groundwater when treatment by agricultural crops and the soils is minimal.  Birds Eye has also agreed to address its obligations under the Natural Resources and Environmental Protection Act for environmental contamination at and near the Fennville facility.

The ACO requires Birds Eye to complete a remedial investigation to determine the full nature and extent of groundwater contamination, and to perform any necessary response activities to address the contamination.  Birds Eye will continue to supply bottled water to residents whose water supplies have been identified by the DNRE to exceed health-based drinking water criteria until the Fennville municipal water supply extension is completed. 

In conjunction with entry of the ACO, the DNRE has placed a proposed draft groundwater discharge permit for Birds Eye on public notice.  A public hearing is scheduled for Tuesday, Aug. 17, from 7 to 9 p.m. in the Fennville High School auditorium.  The public comment period will extend through Aug. 20, 2010.  A copy of the public notice will be published in the Allegan County News' July 22 edition, and will be posted at the Birds Eye facility, the Clyde and Manlius township halls, Fennville City Hall, the Fennville Public Library and the Fennville Post Office.  Copies of the public notice and draft permit may also be obtained on the DNRE's website (http://www.deq.state.mi.us/owis- click on ‘Permits on Public Notice') or at the DNRE, Water Bureau, Kalamazoo District Office, located at 7953 Adobe Rd., Kalamazoo. The telephone number for the district office is 269-567-3500.

The Department of Natural Resources and Environment is committed to the conservation, protection, management, and accessible use and enjoyment of the state's environment, natural resources and related economic interests for current and future generations.  Learn more at www.michigan.gov/dnre.

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