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The Grand Island wastewater treatment plant and JBS Swift & Co. are in violation of their wastewater discharge permits.
That means material at levels that are harmful to the environment is being discharged into a canal just east of Swift Road that then dumps into the Wood River.
The Nebraska Department of Environmental Quality (DEQ) has sent four notices of violation to the city and four notices of violation to Swift in the last nine months. The last notice to both was sent on March 5. The previous violations occurred in July, August and December 2007.
The city was cited for discharging excessive levels of ammonia and suspended solids from the wastewater treatment plant. Swift was cited for interfering with the city's wastewater treatment plant.
"They (Swift) were sending an overload to the Grand Island wastewater treatment plant facility more than the facility could handle," said Brian McManus, a spokesman for DEQ. "They were the main source for the Grand Island facility to violate its NPDES (National Pollutant Discharge Elimination System), and its water discharge permit."
A March 5 letter from DEQ to Swift plant General Manager Dennis Sydow stated that the city's wastewater treatment plant records showed that the beef processing plant was overloading the city system from Feb. 17 to 23. A Jan. 8 letter from DEQ to Swift indicated that Swift was overloading the city's system from Dec. 23 to 29, 2007.
Swift has its own discharge pipe into the city's wastewater treatment plant and is the city's largest single wastewater customer. Swift is located at 555 S. Stuhr Road, and the wastewater treatment plant is immediately east at 3013 E. Swift Road.
A March 5 letter from DEQ to Grand Island Public Works Director Steve Riehle indicated that the city's plant exceeded the allowable ammonia discharge of 17.5 milligrams per liter (mg/L) on Feb. 16. The city's ammonia reading was 17.6 mg/L.
The city also violated the allowable limit of suspended solids, which is 45 mg/L in a seven-day average and up to 30 mg/L on a monthly average. The city's seven-day average was 55.4 mg/L, and its 30-day level was 30.96 mg/L, DEQ spokesman Rich Webster said.
"The levels are set to protect the water quality of the receiving stream," Webster said.
"The department has documented that the Grand Island WWTF (wastewater treatment facility) violated this (suspended solids) limit for the month of February 2008," the DEQ letter from Assistant Director Patrick Rice stated.
"The department is aware that the compliance problems experienced by the Grand Island wastewater treatment plant relate primarily to the loadings from the local beef processor, JBS Swift," Rice wrote in a Jan. 14 letter to the city.
That same Jan. 14 letter indicated that the city had ammonia violations on Dec. 21 and 22 and suspended solids violations from Dec. 18 to 27. The ammonia levels were 17.6 mg/L and 22.8 mg/L, respectively, Webster said. The suspended solids level was about 55 mg/L for a seven-day average.
The DEQ gave Swift 10 business days from the March 5 notice to identify the specific practices or errors that caused the interference to the city's plant.
The city has 30 days from the March 5 notice of violation to submit a summary outlining efforts being taken by the city to "both prevent and mitigate problematic loadings."
The city has also been ordered to submit monthly written reports to DEQ until DEQ determines the summaries of city improvements are no longer needed.
"We're seeing some repeated problems here," McManus said. "They collectively need to figure it out."
Calls to Sydow, Swift's corporate offices in Greeley, Colo., and Riehle were not returned.
Even if both Swift and the city comply with the orders from the violation notices, both may still be subject to penalties or further enforcement, Rice's letters stated.
"Enforcement action may include issuance of an administrative order, or referral to the attorney general for penalties of up to $10,000 per day per violation, and/or injunctive relief," Rice's letters stated.
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