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The information alleges that ConAgra Foods held a permit to discharge non-contact
cooling water, used in the facility to cool air compressors. This discharged water
flowed out of the facility, over bedrock into the Vermillion River, a tributary of the
Mississippi River.
By permit, the non-contact cooling water was not to exceed an average daily
temperature of 86 degrees Fahrenheit. During an inspection, it was determined that
readings which were higher than allowed by the permit were not transmitted to the
MPCA in required Discharge Monitoring Reports.
“Our ability to protect our Nation's rivers from the harmful effects of pollution
depends upon the honesty of facilities that receive discharge permits under the
Clean Water Act,” said David M. Uhlmann, Chief of the U.S. Department of
Justice's Environmental Crimes Section. “When companies fail to honor their legal
obligation to report discharges accurately, and seek to conceal Clean Water Act
violations, criminal prosecution is appropriate.”
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06-024