KALAMAZOO, MI (From news reports) -- Violations are being issued against Graphic Packaging Industrial following a spill of paper mill wastewater that made its way to the Kalamazoo River last month.
State environmental regulators issued a violation notice earlier this month for an unlawful discharge of "process wastewater" from Graphic Packaging's K2 building into the North Limits Drain, which connects to the Kalamazoo River.
A city violation also will be issued against the company for the Oct. 20 spill, the city's public works director said.
The exact material in the industrial wastewater is still being investigated. Any potential fines against Graphic Packaging are also part of the state's investigation, Jill Greenberg, spokesperson for the Michigan Department of Environment, Great Lakes and Energy (EGLE), said.
Between 3,000 and 5,000 gallons spilled, and about 1,500 gallons went to the Kalamazoo River, according to the violation document issued by EGLE.
A report Graphic Packaging sent to the state disagrees with EGLE's assessment, stating, "...there was no evidence of any release of water to Kalamazoo River."
Graphic Packaging said, in a statement issued by public relations firm representing the company, a sump overflowed "paper fiber and water" into the city's stormwater system.
Graphic Packaging called the latest spill "a minor incident" and said in its statement that the release was similar in nature to a cardboard box being broken down by a rainstorm and washing into a stormwater drain.
The overflow occurred at 1810 Pitcher Street, the company said. EGLE lists the facility address as 1500 Pitcher. Both addresses are part of Graphic Packaging's footprint north of downtown Kalamazoo.
State regulators investigated the spill on Oct. 24 and outlined the cause of the spill in the violation notice.
Inside the K2 building, process wastewater is discharged through floor drains to a sump area. Pumps in the sump area transfer the wastewater to the clarifiers for pretreatment prior to sending it to the city of Kalamazoo's wastewater treatment plant, the violation states.
During the spill, the violation states, the sump pumps were operating, but the valve to transfer the wastewater to the clarifier was closed, causing a buildup of the wastewater in the sump area to overflow and exit the building on the north side out the garage door, leading to the storm sewer connected to the North Limits Drain and Kalamazoo River.
EGLE officials are still waiting for results of sampling done to determine what was in the spilled material, Greenberg said last week.
Local media also filed a Freedom of Information Act request for details about the contents of the spill with the city of Kalamazoo, and a response to the request is in progress, the city said.
Samples were collected on Oct. 20, 21, and 24, by the city of Kalamazoo at the North Limits Drain on city property. EGLE collected samples on Oct. 24, at three locations: upstream of the clarifier, post clarifier, and from the North Limits Drain. The samples collected were tested for the following parameters: metals, volatile organic compounds, oil and grease, and per- and polyfluoroalkyl substances (PFAS), and the results were not available by publication time.
EGLE tested for chemicals that are considered typical for this type of facility, Greenberg said.
The company, in a report to EGLE outlining some details of the spill, said equipment "possibly was shut during outage and somehow was overlooked."
"Even though the incident was minor, we recognize and understand concerns community members may have when they hear about an inadvertent discharge," Graphic Packaging said in the statement.
The company said it is working with the city of Kalamazoo to take appropriate corrective actions to prevent any future discharge at the site. Actions include increasing the height of the nearby manhole and reviewing pump and valve equipment, the company said.
"Those efforts include reviewing the retention area design in collaboration with the city officials who are involved in the site plan review to ensure the approved designs are operating as expected. We are also committed to communicating with area residents on an ongoing basis to ensure their voices and concerns are heard," Graphic Packaging said in a statement posted on its company blog.
EGLE said in its violation notice that the facility has had "reoccurring spills." A review of the reported spills from Graphic Packaging shows this was the third spill in 2022, and the 10th spill since 2011.
"Due to the nature of the violation listed in this Violation Notice and spill history, this matter is being referred for escalated enforcement," the violation states. That means a team will review the case and decide if Graphic Packaging will enter a consent order to address the violation, Greenberg said.
Any potential fines will be determined as part of the investigation process, Greenberg said.
The company will need to submit a report to EGLE that shows preventative actions it will use at the facility, the violation states.
Earlier in October, EGLE initiated an escalated enforcement action for air quality violations at Graphic Packaging in Kalamazoo. The action will include a monetary penalty to resolve.
City staff will be issuing a violation notice for discharges to the storm sewer prohibited by Chapter 29, which regulates stormwater system, Public Services Director James Baker said.
The penalty would be based on cost recovery for items such as sampling, laboratory analysis, crew resources and equipment, Baker said. There will also be requirements to make modifications and improvements to the site to prevent such an occurrence from happening in the future, he said.
The city takes the issue "very seriously," Baker said, and as soon as city officials became aware of the accidental spill, crews responded immediately to intercept and pump flows from the storm sewer to the sanitary sewer for treatment at the wastewater treatment plant. The city also moved immediately to notify and protect the public, Baker said.
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