Adam R.F. Gustafson, Assistant Attorney General for the Environment and Natural Resources Division, U.S. Department of Justice | Official Website
Hanover Foods Corporation has agreed to pay a $1.15 million civil penalty and take corrective actions to address violations of the Clean Water Act at its wastewater treatment facility in Hanover, Pennsylvania. The proposed settlement was announced by the Justice Department and Environmental Protection Agency (EPA), in collaboration with the Pennsylvania Department of Environmental Protection (PADEP).
According to the complaint filed alongside the proposed consent decree, Hanover Foods failed to comply with its National Pollutant Discharge Elimination System (NPDES) permit, which is required for facilities that discharge wastewater into waters of the United States. The company processes foods such as beans and vegetables for canning and fresh packing, generating industrial waste that must be treated before being released into Oil Creek—a waterway that ultimately connects to the Susquehanna River and Chesapeake Bay.
Since 2016, Hanover Foods exceeded permitted pollutant limits on more than 600 occasions. These pollutants included suspended solids, ammonia nitrogen, and phosphorus. Inspections also identified multiple violations related to operations and maintenance at the facility.
“Hanover Foods allegedly failed to properly treat industrial wastes at its wastewater treatment facility, jeopardizing human health and the environment,” said Principal Deputy Assistant Attorney General Adam Gustafson of the Justice Department’s Environment and Natural Resources Division (ENRD). “The Clean Water Act was enacted more than 50 years ago with the purpose of putting a stop to this type of water pollution. If accepted by the court, the consent decree will hold the company accountable and help ensure it continues to upgrade its facility and take other steps to prevent unlawful discharges of industrial waste.”
Acting Assistant Administrator Craig Pritzlaff of EPA’s Office of Enforcement and Compliance Assurance (OECA) stated: “Ensuring that Hanover Foods takes the necessary steps to prevent the release of nutrients and other pollutants underscores the EPA’s commitment to protecting our nation's waterways. The measures outlined in the consent decree are essential for bringing Hanover’s facility into compliance with the Clean Water Act. They are vital for safeguarding the Chesapeake Bay and ensuring that local water sources remain clean, thereby protecting the health and well-being of the communities that rely on them.”
Under terms of the proposed consent decree, Hanover Foods will install new equipment designed to prevent further permit violations related to nutrient levels and temperature in discharged water. Excessive nutrients or high temperatures can negatively affect aquatic life such as fish, shellfish, and underwater grasses.
The company will also implement additional upgrades including installation of a permanent boiler for temperature control during treatment processes, creation of spare-parts programs to reduce equipment downtime, improvements in operations and maintenance protocols, enhanced monitoring requirements, prompt reporting of any violations, root cause analysis for incidents, and corrective action plans.
Upgrades made while this case was under investigation will be supplemented by these new requirements.
More information about this settlement is available on both the EPA's case summary page as well as the Justice Department's website, where details about submitting public comments can also be found.
The proposed consent decree has been lodged in U.S. District Court for the Middle District of Pennsylvania. It is subject to a 30-day public comment period before final court approval.
Attorneys from ENRD’s Environmental Enforcement Section are managing this case.
