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For Release: Wednesday, November 21, 2007

Spills, Other Violations Trigger DEC Action Against Dairy

Lewis County Plant Allegedly Discharged Material into Black River

The New York State Department of Environmental Conservation (DEC) filed an enforcement action Wednesday against Lewis County Dairy Corp., alleging 14 illegal spills of sludge and waste materials over the last three months, including pumping contaminated wastewater into the nearby Black River.

The complaint also alleges that operators of the processing plant failed to notify the state of the spills in a timely manner, as required by law, improperly turned off operational blowers, failed to comply with monitoring and signage requirements and failed to minimize odors. The violations cover incidents beginning in mid-August and occurring as recently as Nov. 15. On five occasions, untreated wastewater was discharged into the river, causing the color of the water to turn a milky white shade, the complaint states.

Lewis County Dairy Corp. produces bottled milk, cheese, yogurt and ice cream at its plant in New Bremen, Lewis County. Its headquarters are in Monsey, Rockland County.

The dairy must answer the complaint within 20 days of receipt. The next step in the administrative process is a ``pre-hearing'' conference, tentatively scheduled for December. A formal hearing process, including time for what's known as a legal "discovery" phase, could then ensue. DEC could seek fines and corrective actions to prevent further spills - the extent of which would be determined pending the hearing outcome.

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