EPA v. PILGRIM FOODS

Case summary

On April 2, 2019, the Region filed a CAFO that resolved CWA violations against Pilgrim Foods that owns a food production facility located in Greenville, New Hampshire. The facility discharges stormwater from three outfalls into an unnamed stream that flows into the Souhegan River. The Multi-Sector General Permit for Stormwater Discharges Associated with Industrial Activity (MSGP), issued by EPA, authorizes Pilgrim Foods to discharge stormwater and certain allowable non-stormwater discharges to the unnamed stream. On December 24, 2018, and on January 13 and 14, 2019, Pilgrim Foods discharged low-pH materials to the unnamed stream that were not authorized by the MSGP or any other NPDES permit. The lowest pH observed in the stream was 3.42. New Hampshire's Water Quality Standards (at Env-Wq 1703.18(b)) provide that the pH of Class B waters (such as the stream) shall be 6.5 to 8.0, unless due to natural causes. With respect to the January spill, the facility reported that a production pump had been inadvertently left on, causing process materials to overflow and be released into the stormwater drainage system. The company paid a $4,766 penalty.

Defendants (1)

• Pilgrim FoodsNamed in complaintNamed in settlement

Facilities (1)

• PILGRIM FOODS DIV. OF OLD DUTCH MUSTARD

  68 OLD WILTON ROAD (AKA WILTON RD), GREENVILLE, NH, 03048

  Registry ID: 110007131950

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• PILGRIM FOODSentered 2019-04-02

  Primary law: CWA

  Federal penalty: $4,766

Timeline (3 milestones)

• 2019-04-02Final Order Issued
• 2019-04-02Complaint Filed/Proposed Order
• 2019-04-02Enforcement Action Data Entered