2/7/2017 Introduction Guide to US Food Laws The main goal of the Clean Water Act,1972, and Regulations was to reclaim the country's waters to make SECOND EDITION them swimmable,drinkable,and fishable by Chapter 6 Patricia A.Curtis 1985 Environmental Businesses in the food industry must follow all Regulations and the environmental laws Food Industry Some rules are specific for food production Federal laws are uniform across geographic regions WILEY Blackwall But State and local laws may differ greatly Introduction Discharges to Surface and Ground Waters We will discuss laws organized as -Discharges to surface and ground waters Clean Water Act.1972.governs all direct discharges to surface Clean Water Act,The Process -Solid waste waters of the US -Hazardous waste Direct discharge is broadly Use of water defined to include discharges to Regulation of water sources manmade ditches that eventually -Discharges to air run off into surface waters Chemical use,storage,release,transport and Examples: reporting water used for washing Siting and operation of facilities 、 water extruded from food Compliance with laws related specifically to products during processing safety any liquid wastes
2/7/2017 1 Chapter 6 Environmental Regulations and the Food Industry Introduction • The main goal of the Clean Water Act, 1972, was to reclaim the country’s waters to make them swimmable, drinkable, and fishable by 1985 • Businesses in the food industry must follow all environmental laws • Some rules are specific for food production • Federal laws are uniform across geographic regions • But State and local laws may differ greatly Introduction • We will discuss laws organized as - Discharges to surface and ground waters - Solid waste - Hazardous waste - Use of water - Regulation of water sources - Discharges to air - Chemical use, storage, release, transport and reporting - Siting and operation of facilities - Compliance with laws related specifically to safety Discharges to Surface and Ground Waters • Clean Water Act, 1972, governs all direct discharges to surface waters of the US • Direct discharge is broadly defined to include discharges to manmade ditches that eventually run off into surface waters • Examples: - water used for washing - water extruded from food products during processing - any liquid wastes
2/7/2017 household wastewater commercial and Discharges to Surface and Ground (toilets,sinks,etc) industrial pollution Waters Exemption to the CWA:agricultural storm water discharges Definition restricted to primary producers of crops and livestock who are engaged in agricultural activities that involves sewer pipe catch basin to treatment plant extensive acreages and diffuse runoffs storm drains 2 UNDERGROUND Rarely applicable to the food industry SYSTEMS Discharges to Surface and Ground Discharges to Surface and Ground Waters Waters .1972.Congress also established the National States are encouraged to develop their own Pollutant Discharge Elimination System permit program under the EPA program Basic requirement:no state program can be -addresses water pollution by regulating less stringent that that required by the CWA point sources that discharge pollutants to waters of the United States States may develop more stringent laws All States have developed All point source dischargers must Protecting permit programs except, obtain a permit prior to making Water Quality Alaska,Idaho, any discharges NPDES Massachusetts,New https://www.epa.gov/npdes Hampshire and New Mexico
2/7/2017 2 Discharges to Surface and Ground Waters • Exemption to the CWA: agricultural storm water discharges • Definition restricted to primary producers of crops and livestock who are engaged in agricultural activities that involves extensive acreages and diffuse runoffs • Rarely applicable to the food industry Discharges to Surface and Ground Waters • 1972, Congress also established the National Pollutant Discharge Elimination System permit program - addresses water pollution by regulating point sources that discharge pollutants to waters of the United States • All point source dischargers must obtain a permit prior to making any discharges • https://www.epa.gov/npdes Discharges to Surface and Ground Waters • States are encouraged to develop their own program under the EPA • Basic requirement: no state program can be less stringent that that required by the CWA • States may develop more stringent laws • All States have developed permit programs except, Alaska, Idaho, Massachusetts, New Hampshire and New Mexico
2/7/2017 Discharges to Surface and Ground Discharges to Surface and Ground Waters Waters ·Two types of permits General Permits -Anyone seeking coverage files a Notice of Intent -General with EPA -Individual Information included in the Notice of Intent General permits cover an activity that has existing NPDES permit coverage for a facility relatively minor impact on water quality ownership of the facility and contact info Example:EPA issues a Multi-Sector General Permit information about the facility under which small food processors may claim information about water that will receive the coverage discharge Lists wastes that may be discharged,quantities, information about the discharges to be made types of businesses,other requirements signatures of those responsible Discharges to Surface and Ground Discharges to Surface and Ground Waters Waters ·General Permits ·Individual Permits -Some permits may require a public hearing Large food production facilities that prior to issuing a notice of inclusion discharge are required to file -When EPA or state agency issues a notice of Information included is more detailed than inclusion the facility may begin operating for the general permits -Most applicants will require experts for help to apply -Usually attorneys and environmental consultants that work as a team
2/7/2017 3 Discharges to Surface and Ground Waters • Two types of permits - General - Individual • General permits cover an activity that has relatively minor impact on water quality • Example: EPA issues a Multi-Sector General Permit under which small food processors may claim coverage - Lists wastes that may be discharged, quantities, types of businesses, other requirements Discharges to Surface and Ground Waters • General Permits - Anyone seeking coverage files a Notice of Intent with EPA - Information included in the Notice of Intent existing NPDES permit coverage for a facility ownership of the facility and contact info information about the facility information about water that will receive the discharge information about the discharges to be made signatures of those responsible Discharges to Surface and Ground Waters • General Permits - Some permits may require a public hearing prior to issuing a notice of inclusion - When EPA or state agency issues a notice of inclusion the facility may begin operating Discharges to Surface and Ground Waters • Individual Permits - Large food production facilities that discharge are required to file - Information included is more detailed than for the general permits - Most applicants will require experts for help to apply - Usually attorneys and environmental consultants that work as a team
2/7/2017 Discharges to Surface and Ground Overview of the Clean Water Act Waters Difficulty of obtaining a permit depends on: 1Us动1V06 if water to be discharged is impaired Compile data/ impaired waters are polluted with one or more pollutants to the extent that the water no 303(d)Program longer supports its designated use 400FR1307 Example: .body of water supports fishing Irtcementalion if impaired:has total maximum daily load ◆ (TMDL)established for each pollutant TMDL:maximum amount of a pollutant a body of water can receive without violating water quality standards Point Source Pollution Non-point source pollution -Direct discharge of pollutants into the water. -Indirect discharge of pollutants into water -comes from a wide variety of sources Surface water run off
2/7/2017 4 Discharges to Surface and Ground Waters • Difficulty of obtaining a permit depends on: - if water to be discharged is impaired - impaired waters are polluted with one or more pollutants to the extent that the water no longer supports its designated use - Example: body of water supports fishing if impaired: has total maximum daily load (TMDL) established for each pollutant TMDL: maximum amount of a pollutant a body of water can receive without violating water quality standards Overview of the Clean Water Act
2/7/2017 Discharges to Surface and Ground Discharges to Surface and Ground Waters Waters Discharging into a municipal sewerage system Food industries are required to pretreat waste does not relieve food business of its permitting before it is discharged to a sewer system obligations Food industries are major contributors of Sewage system not designed to handle many grease and biochemical oxygen demand BOD materials discharged -Grease clogs pipes causing spills of raw Discharge material may kill microbes sewage essential to sewage systems affecting BOD:amount of dissolved oxygen needed by sewage treatment aerobic biological organisms to break down Contamination of sludge may increase costs organic material present in a given water BOD increases the cost to treat water Discharges to Surface and Ground Discharges to Surface and Ground Waters Waters Food industries may be required to be Ground water is regulated under state law permitted under the NPDES program for storm water runoff the facility Ground water is regulated through judge-made or common law storm water runoff from parking lots,roofs, Most common causes of action are wrongful and other hard surfaces may be required to acts of: undergo pretreat before discharged .nuisance-unreasonable interference by one dairy products processing plants landowner with another landowner's use 。grain mills canned fruit/vegetable processing plant trespassing-physical invasion of property without the permission of the landowner canned seafood processing plant .beet and sugar refining plant Difficult to prove a wrongful act Successful lawsuits are difficult
2/7/2017 5 Discharges to Surface and Ground Waters • Discharging into a municipal sewerage system does not relieve food business of its permitting obligations - Sewage system not designed to handle many materials discharged - Discharge material may kill microbes essential to sewage systems affecting sewage treatment - Contamination of sludge may increase costs Discharges to Surface and Ground Waters • Food industries are required to pretreat waste before it is discharged to a sewer system - Food industries are major contributors of grease and biochemical oxygen demand BOD - Grease clogs pipes causing spills of raw sewage - BOD: amount of dissolved oxygen needed by aerobic biological organisms to break down organic material present in a given water - BOD increases the cost to treat water Discharges to Surface and Ground Waters • Food industries may be required to be permitted under the NPDES program for storm water runoff the facility - storm water runoff from parking lots, roofs, and other hard surfaces may be required to undergo pretreat before discharged dairy products processing plants grain mills canned fruit/vegetable processing plant canned seafood processing plant beet and sugar refining plant Discharges to Surface and Ground Waters • Ground water is regulated under state law - Ground water is regulated through judge-made or common law - Most common causes of action are wrongful acts of: nuisance – unreasonable interference by one landowner with another landowner’s use trespassing – physical invasion of property without the permission of the landowner - Difficult to prove a wrongful act - Successful lawsuits are difficult