Shortsville, NY – Great Lakes Kraut, LLC, a food processing company located at 11 Clark Street, has been convicted of illegally discharging pollutants into the Canandaigua Outlet, a tributary of Canandaigua Lake. The case, brought to light through a state-level investigation, reveals a pattern of deliberate violations of the company’s State Pollutant Discharge Elimination System (SPDES) permit.
According to court documents, the violations centered around unauthorized discharges occurring when the Canandaigua Outlet’s flow rate was below the permissible threshold stipulated in the SPDES permit. The permit explicitly allowed discharge *only* when the water flow reached 100 feet per second, ensuring sufficient dilution of any effluent. However, investigators discovered that GLK routinely discharged wastewater when the flow rate was as low as 40 feet per second.
The investigation, which began in late 2009, quickly focused on the actions of the plant’s former manager, identified as the individual responsible for knowingly circumventing the permit requirements. Employee interviews indicated that these unauthorized discharges were not isolated incidents, but rather a standard operating procedure at the facility. Further compounding the issue, investigators found evidence of deliberate deception. The plant manager reportedly utilized a falsified meter on the discharge system to misrepresent discharge activity.
Deceptive Reporting
Perhaps even more damning, the former plant manager submitted official reports to state authorities falsely claiming no discharges occurred during the month of July. This deliberate misrepresentation of facts constituted a separate offense, hindering the state’s ability to monitor and enforce environmental regulations. The falsified documentation was a key element in building the case against both the company and its manager, though only the company faced charges.
Legal Consequences
On October 13, 2009, Great Lakes Kraut was formally indicted on three counts of violating its SPDES permit. After months of legal proceedings, the company entered a guilty plea on April 14, 2010. As a result of the conviction, Great Lakes Kraut was sentenced to pay a substantial state fine of $60,000. While no federal charges were filed, the case underscores the state’s commitment to protecting its waterways from industrial pollution. The former plant manager was not publicly identified in available records and the status of any individual charges remains unclear.
Future Outlook
The Canandaigua Outlet remains a vital ecological resource, and continued monitoring will be crucial to ensure future compliance. This case serves as a stark reminder to all industrial facilities operating within New York State that intentional violations of environmental permits will be met with swift and decisive legal action. The Environmental Protection Agency (EPA) has not commented on whether this case will trigger broader investigations into other facilities in the region.
Key Facts
- Defendant: Great Lakes Kraut, LLC
- Location: Shortsville, New York
- Crime: Illegal discharge of pollutants into the Canandaigua Outlet
- Statutes Violated: New York State SPDES permit regulations
- Penalty: $60,000 state fine
- Key Evidence: Falsified discharge meter, false monthly reports
- Timeline: Indictment filed October 13, 2009; Guilty plea and sentencing April 14, 2010
GrimyTimes will continue to follow this case and provide updates as they become available.
Source: EPA ECHO Enforcement Case Database
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