dale schoen, hiland dairy foods...dale schoen, hiland dairy foods may 21, 2010 page 3 . npdes report...

May 21, 2010 Dale Schoen, Plant Manager Hiland Dairy Foods P.O. Box 3478 Fayetteville, Arkansas 72702 RE: Hiland Dairy Foods Discharge Complaint Investigation AFIN: 72-00083 NPDES Permit No.: Unpermitted Dear Mr. Schoen: On April 21, 2010, Alison West, District 1 Inspector, and I performed a complaint investigation at the above-referenced facility in accordance with the provisions of the Federal Clean Water Act, the Arkansas Water and Air Pollution Control Act, and the regulations promulgated thereunder. The complainant alleged that a milk spill had occurred at your facility and had entered Town Branch south of the facility. At the time of the investigation, evidence of a spill was present in the drainage ditch along the western boundary of the Hiland Dairy property. At that time, the source of the waste was unconfirmed, but it was thought that possible leaks or breaks in an onsite sanitary sewer line that receives milk washwater waste from a linear drain located at the base of the west loading dock may have been allowing waste to enter a stormwater culvert from which the milk was observed discharging into the drainage ditch. As a result, on April 23, 2010, Best Jet Sewer & Drain Service jetted, cleaned, and ran a camera along the length of the sanitary sewer line from the dock to the south end of the property. According to Best Jet, no breaks or leaks were found. In a report I received on April 26, 2010, Hiland concluded that a hog farmer had dumped outdated milk into the sanitary sewer drain below the dock and that some of the milk had spilled over into an adjacent stormwater drain. On May 6, 2010, I returned to the facility to check the conditions in the impacted drainage ditch and discuss with you the measures employed to prevent further spills into the stormwater drain below the dock. During this site visit, it was found that milk and washwater from refrigerated trailers which are washed out at the dock following off-loading was entering the stormwater drain. This linear drain parallels the length of the sanitary sewer drain below the dock. The following violations were noted:

1. Unpermitted discharges causing pollution to the waters of the State. Milk and washwater entering the stormwater drain below the dock is entering the drainage ditch along the western boundary of the facility grounds and flowing southward to Town Branch. This is in

garnerSticky Noteresponse due extended to 6-9-2010.

Dale Schoen, Hiland Dairy Foods May 21, 2010 Page 2

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violation of the Arkansas Water and Air Pollution Control Act, Ark. Code Ann. §8-4-217(a) (1). Measures must be employed to prevent pollutants from entering this drain.

2. Placement of waste in such a manner that it is likely to enter the waters of the State. This is

in violation of the Arkansas Water and Air Pollution Control Act, Ark. Code Ann. §8-4-217(a) (2).

a. Trucks and trailers are washed regularly on the south side of the facility grounds.

Runoff from this operation was flowing toward the drainage ditch on the west side of the facility at the time of my site visit. This operation has no treatment system, and the discharge is unpermitted;

b. Waste oil that may be spilled during its introduction into an outdoor waste oil tank would be directed into a stormwater drain adjacent to the tank. The waste oil tank should be placed into secondary containment and covered or moved indoors.

3. An Industrial Facility NPDES Stormwater Discharge Permit has not been obtained for this

facility. Several potential pollutant sources were found to be exposed to precipitation on the facility grounds and include, but are not limited to, the following:

a. Milk and washwater spills and discharges from the west loading dock area as

described in Item 1 above; b. The waste oil tank discussed in Item 2.b above; c. An underground diesel storage tank system and two fuel dispensers; d. Several used pallet jack batteries. These batteries must be stored inside; e. The fill ports for cleaning chemicals and conveyor lubricant.

4. Operation of and discharge from a Truck and Car Wash (see Item 2.a above) on the facility

grounds without first obtaining an NPDES permit. In addition, the discharge from this operation is untreated. This operation must cease immediately. You may contact the ADEQ Water Division Permits Branch for permitting requirements if you wish to resume this operation. At the time of my May 6, 2010 site visit, an employee was washing his personal vehicle in this area. Hiland’s trucks had been washed in this area on this date prior to my arrival at the site.

The violations noted above require your immediate attention. Please submit a written response to these findings to Cindy Garner, Water Division Enforcement Branch Manager. This response should be mailed to the address provided at the bottom of Page 1 of this letter. This response should contain documentation describing the course of action taken to correct the items noted. You must include color photographs that document your corrective action, where applicable. This corrective action should be completed as soon as possible, and the written response is due by June 01, 2010. For additional information you may contact the Enforcement Branch by telephone at 501-682-0639 or the Permits Branch at 501-682-0620.

Dale Schoen, Hiland Dairy Foods May 21, 2010 Page 3

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If I can be of any assistance, please contact me at 479-267-0811, ext. 16. Sincerely,

John Fazio District 1 Field Inspector Water Division cc: Water Division Enforcement Branch Water Division Permits Branch

ADEQ Water NPDES Inspection AFIN: 72-00083 Permit #: unpermitted

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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Washington, D.C. 20460

NPDES Compliance Inspection Report

Form Approved OMB No. 2040-0003

Section A: National Data System Coding

Transaction Code

NPDES

Yr/Mo/Day

Inspec. Type

Inspector

Fac. Type

1 N 2 5 3 A R R - - - - - - 11 12 1 0 0 5 0 6 17 18 R 19 S 20 2

Remarks

Inspection Work Days

Facility Evaluation Rating

BI

QA

-------------------------------Reserved------------------------------

67

69

70

71

N

72

N

73

74

75

80

Section B: Facility Data

Entry Time/Date 1600 / 04-21-10 1020 / 05-06-10

Permit Effective Date Unpermitted

Name and Location of Facility Inspected (For industrial users discharging to POTW, also include POTW name and NPDES permit number) Hiland Dairy Foods 501 E. 15th St. Fayetteville, Arkansas

Exit Time/Date 1630 / 04-21-10 1115 / 05-06-10

Permit Expiration Date June 30, 2014

Name(s) of On-Site Representative(s)/Title(s)/Phone and Fax Number(s) Dale Schoen, Plant Manager, 479-521-1707 / 479-521-4625 (fax) Jim Keilbarth, Maintenance

Other Facility Data 36.0480, -94.1568

Contacted

Yes No

Name, Address of Responsible Official/Title/Phone and Fax Number Dale Schoen, Plant Manager Hiland Dairy Foods P.O. Box 3478 Fayetteville, Arkansas 72702 479-521-1707 / 479-521-4625 (fax) Section C: Areas Evaluated During Inspection (S = Satisfactory, M = Marginal, U = Unsatisfactory, N = Not Evaluated)

N U N U Sampling Operations & Maintenance Flow Measurement Permit

U N N N Pollution Prevention Sludge Handling/Disposal Self-Monitoring Program Records/Reports

U N N N Facility Site Review Compliance Schedules Pretreatment Multimedia

N N N Effluent/Receiving Waters Laboratory Stormwater Other: Section D: Summary of Findings/Comments (Attach additional sheets if necessary) The following violations were noted at the times of the site investigations:

1. An Industrial Facility NPDES Stormwater Discharge Permit has not been obtained for this facility. Several potential pollutant sources exist at the facility. Stormwater discharges from multiple outfall locations.

2. Unpermitted discharges causing pollution to the waters of the State. 3. Placement of waste in such a manner that it has the potential to enter the waters of the State.

In addition, the facility operates an unpermitted truck & car wash on the facility grounds. This violation is addressed in the attached letter and on a separate NPDES Compliance Inspection report form signed and dated 05/12/10.

Date Name(s) and Signature(s) of Inspector(s) Arkansas Department of Environmental Quality / Fayetteville / 479-267-0811, ext. 16 / 479-267-0819 05-12-10

John Fazio

Signature of Reviewer Agency/Office/Phone and Fax Numbers Date


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Water Division NPDES Photographic Evidence Sheet

Location: Hiland Dairy Foods Photographer: Witness: John Fazio Alison West Photo # Of 1 15 Date: Time: 04/21/10 1624 Description: Stormwater culvert where milk and Hiland trash entering drainage ditch to Town Branch. Looking north.

Photographer: Witness: John Fazio Alison West Photo # Of Date: Time: 2 15 04/21/10 1619 Description: Milk and trash in drainage ditch at culvert discharge point.


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Location: Hiland Dairy Foods Photographer: Witness: John Fazio Alison West Photo # Of 3 15 Date: Time: 04/21/10 1617

Milk in drainage to Town Branch. Culvert in background. Looking upgradient to north. Western boundary of facility. Description:

Photographer: Witness: John Fazio None Photo # Of Date: Time: 4 15 05/06/10 1031

Return visit. West dock. Spill deflector plate installed above linear sanitary sewer drain (below dock). Plate present in this area only (hog dump drain area where farmers dump spoiled milk). Installed after 04/21/10. Description:


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Location: Hiland Dairy Foods Photographer: Witness: John Fazio None Photo # Of 5 15 Date: Time: 05/06/10 1031

Another view of deflector plate. Linear sanitary sewer drain at left. Linear stormwater drain to right. Looking south. Description:

Photographer: Witness: John Fazio None Photo # Of Date: Time: 6 15 05/06/10 1033

Milk washwater spillage from trailer entering stormwater drain (left). Sanitary sewer drain to right. Looking north. Description:


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Location: Hiland Dairy Foods Photographer: Witness: John Fazio None Photo # Of 7 15 Date: Time: 05/06/10 1034 Description: Refrigerated trailer from which milk washwater spilled over into stormwater drain.

Photographer: Witness: John Fazio None Photo # Of Date: Time: 8 15 05/06/10 1027 Description: Conveyor lube fill port on north side of building. Fill port not capped and locked when I arrived.


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Location: Hiland Dairy Foods Photographer: Witness: John Fazio None Photo # Of 9 15 Date: Time: 05/06/10 1039 Description: Several exposed pallet jack batteries. Drainage from this area to ditch on western boundary of grounds.

Photographer: Witness: John Fazio None Photo # Of Date: Time: 10 15 05/06/10 1039 Description: Various scrap metal next to west drainage ditch. Looking south.


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Water Division NPDES Photographic Evidence Sheet Location: Hiland Dairy Foods Photographer: Witness: John Fazio None Photo # Of 11 15 Date: Time: 05/06/10 1045

Area on south end of facility grounds where trucks are washed regularly. Washwater discharging toward west drainage ditch (along tree line in background). Description:

Photographer: Witness: John Fazio None Photo # Of Date: Time: 12 15 05/06/10 1054 Description: Diesel-fuel stained ground surface in UST system area.



Water Division NPDES Photographic Evidence Sheet Location: Hiland Dairy Foods Photographer: Witness: John Fazio None Photo # Of 13 15 Date: Time: 05/06/10 1055 Description: Truck fueling area. Two dispensers. South side of facility grounds.

Photographer: Witness: John Fazio None Photo # Of Date: Time: 14 15 05/06/10 1102 Description: Cleaning chemicals loading ports. South side of building.



Water Division NPDES Photographic Evidence Sheet Location: Hiland Dairy Foods Photographer: Witness: John Fazio None Photo # Of 15 15 Date: Time: 05/06/10 1106

Exposed waste oil tank. Drainage pathway from spills during filling is directed to stormwater drain (visible in foreground). Spillage visible on side of tank. Description:

Photographer: Witness: Photo # Of Date: Time: Description:

dale schoen, hiland dairy foods...dale schoen, hiland dairy foods may 21, 2010 page 3 . npdes report...

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