Hanover Foods Agrees to Pay $1.15M Penalty and Implement Actions to Address Clean Water Act Violations at Wastewater Treatment Facility

WASHINGTON — Today, the U.S. Environmental Protection Agency (EPA) and U.S. Department of Justice (DOJ), working in conjunction with the Pennsylvania Department of Environmental Protection (PADEP), announced a proposed consent decree with Hanover Foods Corporation. Under the proposed settlement, Hanover Foods would pay a $1.15 million civil penalty and take a series of actions to address alleged violations of the Clean Water Act at its wastewater treatment facility in Hanover, Pennsylvania.  

“Ensuring that Hanover Foods takes the necessary steps to prevent the release of nutrients and other pollutants underscores the EPA’s commitment to protecting our nation’s waterways,” said Acting Assistant Administrator Craig Pritzlaff of the EPA’s Office of Enforcement and Compliance Assurance (OECA). “The measures outlined in the consent decree are essential for bringing Hanover’s facility into compliance with the Clean Water Act. They are vital for safeguarding the Chesapeake Bay and ensuring that local water sources remain clean, thereby protecting the health and well-being of the communities that rely on them.” 

“Hanover Foods allegedly failed to properly treat industrial wastes at its wastewater treatment facility, jeopardizing human health and the environment,” said Principal Deputy Assistant Attorney General Adam Gustafson of the Justice Department’s Environment and Natural Resources Division (ENRD). “The Clean Water Act was enacted more than 50 years ago with the purpose of putting a stop to this type of water pollution. If accepted by the court, the consent decree will hold the company accountable and help ensure it continues to upgrade its facility and take other steps to prevent unlawful discharges of industrial waste.” 

As alleged in a complaint filed with the proposed consent decree, Hanover Foods failed to comply with a state-issued National Pollutant Discharge Elimination System (NPDES) permit to operate its wastewater treatment facility in Hanover. NDPES permits are required if wastewater is being discharged into a water of the United States.  

At this facility, Hanover Foods industrially processes foods, including beans and vegetables, for canning and fresh packing. Hanover Foods treats industrial waste associated with these operations before discharging wastewater into Oil Creek, which eventually flows into the Susquehanna River and then the Chesapeake Bay. Since 2016, Hanover Foods violated its NPDES permit on more than 600 occasions by exceeding its permit limits for pollutants including suspended solids, ammonia nitrogen, and phosphorus. In addition, environmental inspections identified numerous alleged violations of operations and maintenance requirements at Hanover Foods’ facility.  

Under the terms of the proposed consent decree, Hanover will install new equipment and take other measures to prevent violations of its permit limits for certain nutrients and for temperature. Excessive nutrients and high temperatures can be harmful to aquatic life, including fish, shellfish, and underwater grasses that support aquatic ecosystems.  

In addition to upgrades made while this case was under investigation, Hanover Foods will upgrade its wastewater treatment system, closely monitor compliance with its discharge permit, report any violations, identify their root causes, and take corrective action to address them. The upgrades include installation of a permanent boiler to maintain proper temperatures in its treatment process, implementation of spare-parts programs to avoid equipment downtime, and improvements to Hanover’s operations and maintenance program, including additional monitoring and tracking requirements.  

EPA investigated this case and worked closely with the PADEP.  

The proposed consent decree was lodged in the U.S. District Court for the Middle District of Pennsylvania and is subject to a 30-day public comment period and final court approval. The consent decree and information on how to submit a public comment are available on the Justice Department’s Proposed Consent Decree webpage. 

More information on the settlement is available from the Hanover Foods CWA Settlement case summary. 

For information on EPA’s Mid-Atlantic Region, visit their regional website.