June 5, 2014

NOTICE OF VIOLATION #15507SW

CERTIFIED MAIL #7013 1710 0001 3507 6949
RETURN SERVICE REQUESTED

Mr. David Young, Complex Manager
Tyson Foods Incorporated
Kyler & County Road
P.O. Box 191
Monett, MO 65708

Dear Mr. Young:

This letter is in response to a report from the City of Monett (city) in regard to an upset of the
Monett Municipal wastewater treatment facility (WWTF) and resulting fish kill due to an
industrial discharge of wastewater from Tyson Foods Incorporated (Tyson) pretreatment facility
to the citys sewer system.

Enclosed please find the report of the investigation including Notice of Violation number
15506SW issued to the city. As noted in the report, on May 16, 2014 Tyson received wastewater
containing a chemical named ALIMET, a liquid animal feed supplement, from its other
facility in Aurora, sent it to its pretreatment system, and then discharged to the City of Monetts
sewer system. The discharge upset Monett Municipal WWTF causing operational issues at the
WWTF and violations of its effluent limits for total ammonia as nitrogen from May 19 through
May 29, 2014. Consequently, Monett Municipal WWTF discharged improperly treated
wastewater to a tributary of Clear Creek resulting in a fish kill from immediately downstream of
the WWTF effluent to Clear Creek near highway 97 bridge in Pierce City. At least four miles of
Clear Creek was impacted from the discharge as documented by Department of Natural
Resources and Missouri Department of Conservation staff.

Based on observations during the investigation, information received from Tyson and the city,
and the enclosed sample results from the citys WWTF effluent, the department is reasonably
certain that wastewater discharged from Tyson to City of Monetts sewer system contributed to
violations of the citys permitted effluent limitations, resulting in a fish kill. Therefore, Tyson is
considered to have caused interference with the Monett Municipal WWTF.

In accordance with 40 CFR 403.3(k), interference is a discharge that, alone or in conjunction
with a discharge or discharges from other sources, both (1) inhibits or disrupts the publicly
owned treatment works (POTW), its treatment processes or operations, or its sludge processes,




Tyson Foods Incorporation
June 5, 2014
Page 2

use, or disposal; and (2) therefore is a cause of a violation of any requirement of the POTWs
NPDES Missouri State Operating Permit (including an increase in the magnitude or duration
of a violation) or of the prevention of sewage sludge use or disposal in compliance with
[applicable] statutory provisions and regulations or permits issued thereunder (or more stringent
state or local regulations). Interference is prohibited in 40 CFR Parts 403.5(a)(1) and 10 CSR
20-6.100 and constitutes a violation of Missouri Clean Water Law Sections 644.051.1.(3) and
644.076.1. Therefore, Notice of Violation number 15507SW is being issued to Tyson and is
enclosed as official notification for the aforementioned violation.

Due to violations resulting in a fish kill, we are referring this matter to the departments Water
Pollution Control Branch, Compliance and Enforcement Section in Jefferson City for review and
enforcement action as deemed appropriate.

Please be advised that the department is also conducting a hazardous waste investigation to
determine any additional violations.

If you have any questions regarding this letter or the attached report, you may contact Sieu Dang,
P.E., by calling 417-891-4300 or via mail at Southwest Regional Office, 2040 W. Woodland,
Springfield, MO 65807-5912. Once a case manager is assigned within the Compliance and
Enforcement Section, you will be notified in writing and may make further contact with them at
that time by calling 573-751-1300 or correspond by writing to the Department of Natural
Resources, Water Pollution Control Branch, Compliance and Enforcement Section, P. O. Box
176, Jefferson City, Missouri 65102.

Sincerely,

SOUTHWEST REGIONAL OFFICE



Cynthia S. Davies
Regional Director

CSD/sdk

Enclosures

c: City of Monett
Mr. David Sims, Operator, City of Monett
Mr. Walter Fett, Water Pollution Control Branch
Mr. Paul Dickerson, Water Pollution Control Branch


009.wpcp.MonettCityOf.mo0021440.TysonFoods.2014.06.05.fy14.nov.15507sw.std

Celebrating 40 years of taking care of Missouris natural resources.
To learn more about the Missouri Department of Natural Resources visit dnr.mo.gov


15507SW

6/5/2014
Tyson Foods Incorporated
Kyler & Country Road, P.O. Box 191, Monett, MO 65708
Not Applicable


P.O. Box 191 Monett MO 65708

David Young Complex Manager

Sent Via US Mail Sieu Dang

Environmental Engineer/SWRO



Missouri Clean Water Law Sections 644.051.1(3) and 644.076.1, RSMo
Tyson Foods Incorporated placed or permitted to be placed wastewater which contained a chemical named
ALIMET, a liquid animal feed supplement, which is identified as methionine hydroxy analogue, into the
City of Monett's sewer system that interfered with the city's wastewater treatment processes causing
violations of ammonia effluent limitations of the city's Missouri State Operating Permit (MSOP) number
MO0021440, resulting in a fish kill in a tributary of Clear Creek and Clear Creek, waters of the state,
downstream from the city's wastewater treatment system.
15507SW
6/5/2014
Ty Ty Tyso son n Fo Food ods In In In Inco co co corp rp rp rp rp rp rp rp rpor or or or or or or or or or or orat at at at at at at at at ated ed ed ed ed ed ed ed ed ed ed ed ed ed
Kyler & Country Road, P.O. Box 191, Monett, MO 65708
Not Applicable
P.O. Box 191 Monett MO 65708
David Young Complex Manager
Sent Via US Mail Sieu Dang
Environmental Engineer/SWRO /SWRO
Missouri Clean Water Law Sections 644.051.1(3) and 644.076.1, RSMo
Tyson Foods Incorporated placed or permitted to be placed wastewater which contained a chemical named
ALIMET, a liquid animal feed supplement, which is identified as methionine hydroxy analogue, into the
City of Monett's sewer system that interfered with the city's wastewater treatment processes causing
violations of ammonia effluent limitations of the city's Missouri State Operating Permit (MSOP) number
MO0021440, resulting in a fish kill in a tributary of Clear Creek and Clear Creek, waters of the state,
downstream from the city's wastewater treatment system.