EPA Takes Action to Protect Delaware River and to Hold Delhi, NY Company Accountable for Violating Clean Water Act and Clean Air Act

August 3, 2023

NEW YORK – The U.S. Environmental Protection Agency (EPA) and the U.S. Department of Justice have settled a case against FrieslandCampina Ingredients North America, Inc. (Friesland) of Delhi, NY for violations of the Clean Water Act and the Clean Air Act. The company’s Clean Water Act violations led to excessive pollution that interfered with and passed through the Village of Delhi wastewater treatment plant (WWTP) into the West Branch of the Delaware River which is part of the watershed supplying drinking water to NYC and other water systems. This action also addresses the company’s Clean Air Act violations which led to excessive emissions of toluene, a volatile organic compound and hazardous air pollutant. The company will pay a civil penalty of $2.88 million and has already addressed the causes of the violations. Additionally, the company will perform a supplemental environmental project (SEP) to significantly reduce its discharges of heated water to the river at a cost of $1.44 million.

“This settlement will result in a 95% reduction of toluene emissions into the air, as well as significant reductions in discharges of pollutants into the West Branch of the Delaware River, which is a drinking water source,” said EPA Regional Administrator Lisa F. Garcia. “This settlement sends an important message that the United States will take decisive action to hold companies accountable for failing to properly control pollutants being emitted into the air and discharged into the water, and that shirk permitting and reporting responsibilities. EPA’s work will benefit the people of Delhi and will result in a healthier Delaware River for all who enjoy and rely on it.”

“Today’s settlement secures significant reductions in air pollution and improves water quality in the Delaware River and a watershed system that provides drinking water to millions of Americans,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “The settlement shows the United States’ commitment to ensuring that companies like Friesland comply with federal law requirements that limit discharge of industrial pollutants to our air and water.”

“DEC is committed to ensuring the safety of New York’s air and water for all and will continue to work hand-in-hand with our state and federal partners to hold those who violate New York's strict environmental laws accountable,” said Commissioner Basil Seggos for the New York State Department of Environmental Conservation. “Thanks to the partnership with the New York State Attorney General’s Office, U.S. Environmental Protection Agency, and the U.S. Department of Justice, this joint enforcement action and substantial penalty will require FrieslandCampina to improve its operations, protect Delhi residents, and fund environmental benefit projects that will improve the surrounding community."

As a significant industrial source under the Clean Water Act, Friesland must first treat its wastewater – a process referred to as pre-treatment – before discharging it to the local municipal wastewater treatment plant. Proper pre-treatment prevents excessive pollution levels, which can interfere with the effectiveness of the wastewater treatment plant and can cause untreated pollutants to pass through the plant into receiving waters. In this case, the pollution levels that the company discharged exceeded levels set by the Village of Delhi on at least 65 occasions. The company also failed to comply with the requirement of New York’s industrial stormwater permit, which prohibits the exposure of industrial materials and activities to rain, snow, snowmelt, or runoff that can transport pollutants to surface waters.

The company is also a major source of toluene emissions under the Clean Air Act. Exposure to toluene can harm the nervous system and negatively impact the kidney, liver, and immune system. Friesland failed to obtain the proper permit coverage for its toluene emissions and to install the necessary emission controls and violated other permitting and reporting requirements.

As a result of EPA’s enforcement actions, Friesland has completed approximately $6 million worth of work to come into compliance with all applicable CAA and CWA requirements by, among other things, installing equipment to properly control its toluene emissions, upgrading its wastewater pretreatment plant to properly treat its wastewater, and taking other corrective measures.

Furthermore, Friesland will perform a supplemental environmental project to reduce its discharges of heated water by converting its non-contact cooling water system to a recirculating closed-loop system. The new system will reduce Friesland’s discharges of heated water to the West Branch of the Delaware River by approximately 85%. The river is habitat for several species of trout, and water temperature is essential to this habitat because trout are a cold-water species that cannot survive in warmer water temperatures.

The consent decree for this settlement, lodged in the U.S. District Court for the Northern District of New York, is subject to a 30-day public comment period and approval by the court. A copy of the consent decree and information on submitting comments will be available on the Department of Justice website at: www.justice.gov/enrd/consent-decrees. 

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