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Letter From DNR to Tyson Foods Incorporated

Letter From DNR to Tyson Foods Incorporated

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Published by Lindsay Toler
Notice of violation from the Missouri Department of Natural Resources to Tyson Foods, Inc.
Notice of violation from the Missouri Department of Natural Resources to Tyson Foods, Inc.

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Published by: Lindsay Toler on Jun 12, 2014
Copyright:Traditional Copyright: All rights reserved


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 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
ntributed to
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,
Tyson Foods Incorporation June 5, 2014 Page 2 use, or disposal
; and (2) therefore is a cause of a violation of any requirement of the POTW’s
 NPDES Missouri State Operating Permit (including an increase in the magnitude or duration of a violation) or of the prevention of sewage sludge use
or disposal in compliance with …
[applicable] statutory provisions and regulations or permits issued thereunder (or more stringent state or local regulations). Interference is prohibited in 40 CFR Parts 403.5(a)(1) and 10 CSR 20-6.100 and constitutes a violation of Missouri Clean Water Law Sections 644.051.1.(3) and 644.076.1. Therefore, Notice of Violation number 15507SW is being issued to Tyson and is enclosed as official notification for the aforementioned violation. Due to violations resulting in a
fish kill, we are referring this matter to the department’s Water
Pollution Control Branch, Compliance and Enforcement Section in Jefferson City for review and enforcement action as deemed appropriate. Please be advised that the department is also conducting a hazardous waste investigation to determine any additional violations. If you have any questions regarding this letter or the attached report, you may contact Sieu Dang, P.E., by calling 417-891-4300 or via mail at Southwest Regional Office, 2040 W. Woodland, Springfield, MO 65807-5912. Once a case manager is assigned within the Compliance and Enforcement Section, you will be notified in writing and may make further contact with them at that time by calling 573-751-1300 or correspond by writing to the Department of Natural Resources, Water Pollution Control Branch, Compliance and Enforcement Section, P. O. Box 176, Jefferson City, Missouri 65102. Sincerely, SOUTHWEST REGIONAL OFFICE Cynthia S. Davies Regional Director CSD/sdk Enclosures c: City of Monett Mr. David Sims, Operator, City of Monett Mr. Walter Fett, Water Pollution Control Branch Mr. Paul Dickerson, Water Pollution Control Branch 009.wpcp.MonettCityOf.mo0021440.TysonFoods.2014.06.05.fy14.nov.15507sw.std
Celebrating 40 years of taking care of Missouri’s natural resources.
 To learn more about the Missouri Department of Natural Resources visit dnr.mo.gov 

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