Minnesota Pollution Control Agency

Contact: Forrest Peterson, 320-214-3789 St. Paul, Minn. -- The city of Appleton was cited by the Minnesota Pollution Control Agency (MPCA) for alleged violations in a discharge of high-strength waste from a local food processing plant that overloaded the city's wastewater treatment facility. The city received a $15,052 civil penalty, and agreed to a $5,000 erosion and sediment control project. In December 2006, Del Dee Foods requested city's permission to dispose of spoiled whey by mixing it with wash water. The city states that it gave approval for Del Dee to discharge 1,700 gallons over a 5-day period. However, Del Dee Foods states that they received approval to discharge 4,500 gallons over a 5-day period, which they subsequently discharged during an 11-day period. Due to the high strength and volume of the waste, the city's facility lost much of its treatment efficiency. The plant discharges into the Pomme de Terre River, which is on the state's list of impaired waters due to poor water quality. The agreement alleges that the city did not adequately regulate the discharge from an industrial user, nor adequately monitor the system during the event. The city did not notify the MPCA about the violations until Jan. 29, 2007. Requirements for the city listed in the agreement include hiring a consultant to assist with an engineering report, making improvements, conducting sampling and preparing a new industrial user agreement. The agreement prohibits any sewer extensions until the city certifies that the wastewater treatment facility is able to operate within its permit limits. The $5,000 supplemental environmental project consists of erosion and sediment controls at the city's storm sewer outfall, also on the Pomme de Terre River. The MPCA provides outreach and training on a variety of topics for wastewater treatment plant operators. People who operate wastewater treatment facilities must be certified to ensure they have a thorough understanding of a system's basic operation, maintenance and reporting procedures. A stipulation agreement is one of the tools used to achieve compliance with environmental laws. When calculating penalties, the MPCA takes into account how seriously the violation affected the environment, whether it is a first time or repeat violation, and how promptly the violation was reported to appropriate authorities. It also attempts to recover the calculated economic benefit gained by failure to comply with environmental laws in a timely manner. For a comprehensive list of enforcement actions by the MPCA, go to the agency Web site at www.pca.state.mn.us/newscenter/enforcement.html.