clean water act suit
History of Pollution
Burnette Foods, Inc., operates a fruit processing facility located in Elk Rapids, Michigan. Burnette Foods discharges its fruit processing wastewater to the ground through spray irrigation fields under the requirements of a groundwater permit issued by the Michigan Department of Environment, Great Lakes, and Energy (EGLE). For over a decade, Burnette Foods has routinely land-applied wastewater that exceeds their groundwater discharge permit requirements and is adversely impacting water quality in the groundwater, as well as nearby wetlands, Spencer Creek, and Elk Lake.
Information collected from Burnette’s self-reported data, EGLE data, and field observations all indicate that Burnette’s wastewater is periodically discharged to wetlands, Spencer Creek, and Elk Lake, causing impairment. Surface water impairments include but are not limited to:
- unnaturally high biological oxygen demand in wetlands and Spencer Creek
- low dissolved oxygen in Spencer Creek
- elevated concentrations of total phosphorous in Spencer Creek
- elevated levels of E. coli in Spencer Creek and Elk Lake
- unnatural foam, odors, suspended solids, and colors in Spencer Creek
- unnatural colors in Elk Lake
Between 2008 and 2021, several complaints were filed with EGLE raising concerns about observed conditions in the wetlands, Spencer Creek, and Elk Lake. Due to these complaints, EGLE performed inspections that confirmed the allegations in the complaints. EGLE documents demonstrate numerous permit violations, exceedances of water quality standards, and direct unpermitted discharges to surface waters. Any actions EGLE has taken to protect surface and groundwater and bring Burnette into compliance with state standards have been insufficient to effectively address the continuing discharges and violations.
This citizen suit is a result of over a decade of Burnette Foods routinely land-applying wastewater that exceeds their permit requirements and is adversely impacting water quality in the groundwater, wetlands, Spencer Creek, and Elk Lake.
If you are interested in staying informed as the suit progresses, please let us know.
Time to Take Action
In November 2022, The Watershed Center Grand Traverse Bay, Grand Traverse Bay WATERKEEPER®, Elk-Skegemog Lakes Association, and Grand Traverse Band of Ottawa and Chippewa Indians submitted a Clean Water Act Notice of Intent to Sue/60-Day Notice Letter to Burnette Foods, EGLE, and the U.S. Environmental Protection Agency. Since Burnette had no plan to ensure its effluent complies with water quality standards, The Watershed Center Grand Traverse Bay, Grand Traverse Bay WATERKEEPER®, Elk-Skegemog Lakes Association, and Grand Traverse Band of Ottawa and Chippewa Indians filed suit against Burnette Foods to enforce the Clean Water Act and Michigan Environmental Protection Act in June 2023.
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