E.P.A. Investigation Finds Loveland Products Violated Permit Discharge Limits to Brawner Creek from Facility in Fairbury, Neb.

(Lenexa, Kan., Feb. 4, 2016) - E.P.A. Region seven has reached a suggested administrative settlement with Loveland Products, Inc., to resolve unauthorized discharges and industrial stormwater violations under the Clean Water Act (CWA) at its facility in Fairbury, Neb. Under the settlement, Loveland will pay a civil penalty of $145,000.

An E.P.A. inspection in September 2014 revealed unauthorized discharges and that the facility exceeded its industrial stormwater permit discharge limits for cadmium, copper, lead, nickel and zinc into Brawner Creek. Loveland also failed to analyze the pH levels of its discharges within the required time frame, and update its Storm Water Pollution Prevention Project (SWPPP).

Prior to reaching this settlement, Loveland addressed structural issues of the outfall that led to unauthorized discharges, installed a water filtration system, and updated the SWPPP. The SWPPP is designed to ensure appropriate measures are taken to reduce pollutants discharged to Brawner Creek.

In addition to the civil penalty, the company will seek to increase the use of stormwater in manufacturing operations, and evaluate additional steps toward becoming a zero discharge facility.

By agreeing to the settlement, the company has certified that it is now in compliance with all requirements of the Clean Water Act, it is implementing regulations and the applicable permit.

Pollutants in stormwater can violate water quality standards, pose risks to human health, threaten aquatic life and its habitat, and impair the use and enjoyment of waterways.

The Clean Water Act looks for to protect streams and wetlands that form the foundation of the nation's water resources. Protecting streams and wetlands is also part of adapting to climate change impacts like drought, sea level rise, stronger storms, and warmer temperatures.

The consent arrangement for penalties is subject to a 40-day public review period before it becomes final. Information on how to submit comments is accessible online.

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