10/6 DEC Update

This message is being sent to all DEC staff.
For Immediate Release: 10/06/2025
 
Contact: Tim Walsh | (518) 402-8000
[email protected]
DEC ORDERS GREAT LAKES CHEESE TO PAY $475,000 IN PENALTIES AND TAKE CORRECTIVE ACTIONS RELATED TO ISCHUA CREEK DISCHARGE
Facility Required to Implement Significant Operational Improvements and Enhanced Monitoring
Penalty Includes $150,000 Environmental Benefit Project for the Community
New York State Department of Environmental Conservation (DEC) Commissioner Amanda Lefton today announced $475,000 in penalties and corrective actions required in an Order on Consent with Great Lakes Cheese (GLC), in Franklinville, Cattaraugus County, for the August 2025 discharge that resulted in a fish and wildlife die-off in Ischua Creek. The enforcement requires significant operational changes and full compliance with water quality, air quality, and chemical and petroleum requirements, enhanced real-time water quality monitoring to further protect Ischua Creek, and other actions closely overseen by DEC to ensure effective implementation.  
"Great Lakes Cheese violated the environmental laws and permits in place to protect the region’s precious natural resources and under Governor Kathy Hochul’s direction, DEC took quick and decisive action to hold the company accountable," Commissioner Lefton said. "DEC’s enforcement action not only secures a large fine but also requires a project that will benefit environmental quality in the community and help it heal from the significant loss of tens of thousands of fish and other aquatic species. I applaud DEC staff and our partners for the diligent chronicling of creek impacts, collaborating on requirements to bring operations into compliance and help local farmers, and continuing our stringent oversight of the facility.”  
DEC’s comprehensive enforcement investigation directed by Governor Hochul into the August 2025 Ischua Creek fish, aquatic, and semi-aquatic wildlife die-off determined that impacts were caused by discharges from a catastrophic failure of the Great Lakes Cheese facility’s operations, warranting DEC enforcement.  
The consent order addresses the numerous violations connected to the Ischua Creek impacts and earlier violations assessed in June and July 2025. DEC required a total civil penalty of $475,000 -- $250,000 paid to DEC and $75,000 suspended pending compliance with the terms and conditions of the Order and an environmental benefit project valued at $150,000. DEC also intends to pursue a Natural Resources Damage claim against Great Lakes Cheese, as warranted, to ensure restoration of the impacted section of Ischua Creek. 
The Order requires Great Lakes Cheese to complete extensive corrective actions to address violations, including detailed in-stream monitoring at the facility’s wastewater treatment plant operations; modifications to the wastewater treatment plant; implementation of plans to timely detect plant upsets to prevent a recurrence of the August 2025 discharge; actions to abate hydrogen sulfide exceedances from reoccurring; and the hiring of independent third parties approved by DEC to further ensure compliance with the terms of the Order, timely reporting of sampling data, and evaluating the design and operation of the biogas collection and control system to ensure compliance with the company’s Air State Facility permit.  
Resumption of GLC’s wastewater treatment plant, expected imminently and under DEC oversight, is contingent on the discharge fully meeting the stringent SPDES permit limits and the interim limits set forth in the Order on Consent.  
Prior to the August 2025 incident, DEC conducted multimedia inspections of the facility for compliance. Air, water, petroleum bulk storage, and chemical bulk storage violations resulted in four Notices of Violations (NOVs) issued by DEC to the company in June and July 2025. The NOVs cited non-compliance with the company’s Air State Facility and State Pollutant Discharge Elimination System (SPDES) permits. They also cited non-compliance with certain petroleum bulk storage (PBS) and chemical bulk storage (CBS) requirements.  The violations cited in the June and July NOVs did not cause or contribute to any adverse impacts to the creek.  
During the State’s investigation, DEC and the State Department of Health also fully evaluated any potential for impacts from the Great Lakes Cheese discharge to drinking water and found none. DEC also collaborated with the State Departments of Agriculture and Markets, Labor, and Transportation to swiftly engage the facility and regional agricultural stakeholders to help protect the approximately 500 jobs at the facility and significantly minimize impacts to area farmers and other agricultural stakeholders due to the plant’s importance to the regional dairy industry.  
DEC will require strict adherence to the schedule of compliance under the Order and continue rigorous oversight of the Great Lakes Cheese facility while required work is performed. Violations of any provision of the Order, or future violations of applicable environmental laws or permits by Great Lakes Cheese will result in further enforcement.   
DEC will continue to keep the public informed through updates and other information that will be posted at https://dec.ny.gov/environmental-protection/facilities-in-your-neighborhood/great-lakes-cheese-ischua-creek.