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November 13, 2000
Vol. 30, No. 445

For more information, contact Rodney Wyatt, Ground Water Discharges, 302-739-4761, or Melinda Carl or Don White, Information and Education Office, 302-739-4506.

Roos Foods Assessed $5,000 Penalty for Untreated Wastewater Discharge

Department of Natural Resources and Environmental Secretary Nicholas A. DiPasquale has issued a Notice of Administrative Penalty Assessment and Order with a penalty of $5,000 to Roos Foods, Inc. The company was assessed the penalty plus $2,277.68 in recoverable costs for allowing untreated wastewater to discharge directly onto the surface of the ground in violation of its permit issued by the Department.

Roos Foods owns and operates a food processing plant at 251 Cooper St. in Kenton that produces cheese, sour cream and juices. The Department issued the company a permit in August 1996 to construct an on-site septic system, authorizing the discharge of treated wastewater from its plant into the system and through a drainfield on the property.

The Department received a complaint on May 2, 2000 from a Kenton resident reporting puddles of milky process water along the rear of the company's property. A subsequent on-site inspection by DNREC revealed an illegal industrial wastewater discharge being piped through an altered system onto the surface of the ground. There was evidence of the discharge "ponding" and that it had devegetated about one-third of an acre immediately behind the septic drainfield in back of the plant.

The company was ordered to immediately terminate the discharge and was charged in Justice of the Peace Court #7 with illegal discharge of untreated wastewater on the surface of the ground.

In a Cease and Desist Order issued by the Department June 2, 2000, the company was ordered to remove the pipe from the wastewater system to stop the flow of wastewater to the drainfield; cease use of the malfunctioning septic system; perform remediation to all affected areas of the site; and obtain all required permits for the installation of a new wastewater treatment and disposal system designed for both the domestic and process wastewater flows at the plant.

On June 14, 2000, the Department performed an extensive on-site inspection and field survey to assess plant discharges and damage to the surrounding area. Based on the findings of the inspection and survey, the Department notified Roos Foods management in a letter dated July 7, 2000, to perform and complete tasks to remedy the discharge violations and the degraded conditions of the impact area. Additional steps were specified to address possible health risk concerns posed by the waste products.

Roos Foods has committed to the on-site remediations recommended by the Department and is negotiating the options available for the plant's discharges. The company has 30 days to request a hearing on the assessment and Order.

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Document no. 40-01/00/11/05
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