February 20, 2004

The Department of Environmental Quality Director Steven E. Chester today announced that a settlement was reached with the New Era Canning Company (NEC) in New Era, regarding violations of Part 31, Water Resources Protection, of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended (NREPA).

Under the terms of the agreement, the NEC constructed a new wastewater treatment system which has been in operation since early January and is capable of treating the high strength wastewater. The agreement also requires the NEC to develop and implement an odor control plan to address nuisance odors created as a result of the discharge of concentrated wastewater, and to submit plans to manage sludge and sediments accumulating in its settling lagoon. The NEC will also provide a permanent supply of potable water to any resident, whose water supply well has been affected by the discharge, and investigate and remediate the groundwater contamination. Finally, the NEC will pay a civil penalty of $16,687, reimburse the state $2,000 for the cost of enforcement activities, and perform a supplemental environmental project worth at least $44,500.

“The DEQ is committed to working with the food processing industry to address the unique challenges associated with wastewater treatment of food processing waste,” said Director Chester. “This settlement demonstrates that it is possible to sustain both a viable food processing industry and high environmental quality.”

The NEC owns and operates a food processing facility that discharges process wastewater to the groundwater via an on-site seepage lagoon. The process operations produce high concentrations of Biological Oxygen Demand (BOD5) and excessive levels result in anaerobic conditions in the lagoon which cause naturally occurring metals to leach from the soils into the groundwater. Groundwater downgradient from the discharge location was determined to contain concentrations of iron and manganese in excess of the generic residential clean-up criteria established under Part 201, Environmental Remediation, of the NREPA.

Editor’s note: DEQ news releases are available on the department’s Internet home page at www.michigan.gov/deq.

Revised February 20, 2004 by Pat Watson