June 5, 2014 NOTICE OF VIOLATION #15507SW CERTIFIED MAIL #7013 1710 0001 3507 6949 RETURN SERVICE REQUESTED Mr. David Young, Complex Manager Tyson Foods Incorporated Kyler & County Road P.O. Box 191 Monett, MO 65708 Dear Mr. Young: This letter is in response to a report from the City of Monett (city) in regard to an upset of the Monett Municipal wastewater treatment facility (WWTF) and resulting fish kill due to an industrial discharge of wastewater from Tyson Foods Incorporated (Tyson) pretreatment facility
to the city’s sewer system.
Enclosed please find the report of the investigation including Notice of Violation number 15506SW issued to the city. As noted in the report, on May 16, 2014 Tyson received wastewater containing a chemical named A
LIMET™, a liquid animal feed supplement, from its other facility in Aurora, sent it to its pretreatment system, and then discharged to the City of Monett’s
sewer system. The discharge upset Monett Municipal WWTF causing operational issues at the WWTF and violations of its effluent limits for total ammonia as nitrogen from May 19 through May 29, 2014. Consequently, Monett Municipal WWTF discharged improperly treated wastewater to a tributary of Clear Creek resulting in a fish kill from immediately downstream of the WWTF effluent to Clear Creek near highway 97 bridge in Pierce City. At least four miles of Clear Creek was impacted from the discharge as documented by Department of Natural Resources and Missouri Department of Conservation staff. Based on observations during the investigation, information received from Tyson and the city,
and the enclosed sample results from the city’s WWTF effluent, the department is reasonably certain that wastewater discharged from Tyson to City of Monett’s sewer system co
violations of the city’s permitted effluent limitations, resulting in a fish kill. Therefore, Tyson is
considered to have caused interference with the Monett Municipal WWTF. In accordance with 40 CFR 403.3(k), interference is a discharge that, alone or in conjunction with a discharge or discharges from other sources, both (1) inhibits or disrupts the publicly owned treatment works (POTW), its treatment processes or operations, or its sludge processes,