Agropur in Le Sueur faces MPCA fine for industrial wastewater permit violations

Agropur Inc., doing business as Le Sueur Cheese Company, reportedly applied too much industrial byproduct, resulting in rates of nitrogen and phosphorus that exceeded the allowed limits by more than 10%.

The violations occurred in 2022, near its cheese production facility in Le Sueur, Minnesota, according to a Minnesota Pollution Control Agency (MPCA) enforcement investigation. The company’s permit defines the amount of industrial byproducts that can be applied to approved land. Over applying nitrogen or phosphorus can become harmful to the environment if excess runs off into nearby lakes and streams or impacts groundwater.

MPCA staff confirmed other violations of the company’s industrial byproduct land application permit including: certifying and reporting false or inaccurate information on annual reports; exceeding nitrogen application rate limits and soil phosphorus concentration limits.

Failing to: submit requested information to the MPCA in a timely manner; submit required details to landowners who received land application; maintain adequate daily byproduct hauling records; collect and analyze soil samples every three years; meet minimum analysis requirements for industrial byproduct characterization.

In addition to paying the $11,823 civil penalty, Le Sueur Cheese Company has completed a series of corrective actions including submitting a plan identifying actions the company will take to ensure: annual reports contain accurate information at the time of the submittal; nitrogen application rates and soil phosphorus limits are not exceeded; MPCA requests are responded to in a timely manner; landowners who receive land application products also receive required application details; daily industrial byproduct hauling records are maintained; adequate soil and byproduct characterization occurs.

During the investigation, the company stated that it had trusted a qualified, third party to manage the industrial byproduct land application operations on behalf of the company. The MPCA expects permittees, including contracted third parties acting on their behalf, to comply with their permits and Minnesota’s environmental requirements. Companies should routinely review and audit third-party operations, reporting, and record keeping practices and take appropriate action when deficiencies are noted.

MPCA rules and regulations are designed to protect human health and the environment by limiting pollution emissions and discharges from facilities. When companies do not fully comply with regulatory requirements, the resulting pollution can be harmful to people and the environment.

When calculating penalties, the MPCA considers how seriously the violations affected or could have affected the environment, and whether they were first-time or repeat violations. The agency also attempts to recover the economic benefit the company gained by failing to comply with environmental laws in a timely manner.