The Vermont Department of Environmental Conservation (DEC) has published its annual report of industrial wastewater pretreatment permittees found to be in significant non-compliance during the 2024 reporting year, identifying 17 facilities statewide.

Among those listed, Ben & Jerry’s in Waterbury recorded the highest number of violations, with 130 violations related to permit limit exceedances and monitoring requirements, along with seven monthly monitoring reports not submitted on time, according to DEC.

“We view our industrial facilities as key partners in environmental stewardship,” said DEC Commissioner Misty Sinsigalli in a statement. “Fulfilling these permit requirements is how we work together to safeguard the health of Vermont’s lakes, rivers, and wetlands.”

The report is part of Vermont’s federally required industrial pretreatment oversight program, administered in coordination with the U.S. Environmental Protection Agency (EPA). EPA regulations require states to publicly report significant non-compliance each year.

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Industrial Pretreatment Permits and Wastewater Discharges

Industrial pretreatment permits apply to facilities that discharge wastewater into municipal wastewater treatment facilities (WWTFs). These permits establish pollutant limits designed to prevent industrial discharges from overloading treatment systems or interfering with their operation.

Industries that commonly require pretreatment permits include breweries, dairy processing plants, and metal finishing operations.

Permittees must comply with monitoring and reporting requirements, including submitting monthly discharge reports, notifying DEC of non-compliance, and staying within pollutant limits.

Pollutants regulated through pretreatment programs can include nutrients, heavy metals, and biochemical oxygen demand — a measure of how wastewater affects oxygen levels in receiving waters.

Causes of Significant Non-Compliance

DEC noted that significant non-compliance can occur for several reasons, including:

• Failure to submit required monthly monitoring reports or submitting them late
• Failure to submit other required documents
• Discharging pollutants that pose an imminent risk to human health
• Discharging pollutants above permitted limits

“Proper pretreatment helps ensure safe discharges from wastewater treatment facilities into our waterways,” said Garrett Walsh, pretreatment coordinator with DEC’s Wastewater Management Program. “Without timely and accurate reports, DEC cannot properly manage its pretreatment program.”

DEC emphasized that the published list represents a historical snapshot of compliance during the 2024 timeframe and may not reflect a facility’s current status.

Facilities Cited for Permit Limit Exceedances

Six permittees were cited in significant non-compliance during 2024 for exceeding permit limits and/or failing to meet monitoring requirements. Those facilities include:

• Ben & Jerry’s (Waterbury) — 130 violations
• Agri-Mark, Inc. (Middlebury) — 14 violations
• Butternut Mountain Farm (Morrisville) — 16 violations
• Commonwealth Dairy, LLC (Brattleboro) — 9 violations
• New England Precision (Randolph) — 68 violations
• St. Albans Creamery, LLC (St. Albans) — 23 violations

Facilities Cited for Late or Missing Reports

Eleven additional permittees were found in significant non-compliance primarily due to failure to submit monthly monitoring reports or other required documents on time.

Those facilities include:

• Ben & Jerry’s (Waterbury) — 7 monthly reports not submitted on time
• Drews, LLC (Chester) — 5 reports late
• Four Quarters Brewing, LLC (Winooski) — 3 reports late
• G.S. Precision Coatings, Inc. (Brattleboro) — 1 required document late
• Lost Nation Brewery (Morrisville) — 5 reports late
• New England Precision (Randolph) — 4 reports late
• Plumrose USA, Inc. (Swanton) — 3 reports late
• Randolph Landfill (Randolph) — 6 reports late
• Rock Art Brewery (Morrisville) — 2 reports late
• Swan Valley Cheese of Vermont (Swanton) — 4 reports late and 3 other documents late
• Vermont Soy, LLC (Hardwick) — 5 reports late

Operation and Maintenance Violations

Two permittees were cited for failing to follow operation and maintenance requirements and failing to notify DEC:

• Trapp Family Lodge, Inc. (Stowe) — 1 violation
• ZG Holdings / Zero Gravity Craft Brewery and PurposeEnergy, Inc. (South Burlington) — 7 violations

DEC Response and Enforcement Approach

DEC stated it is committed to helping permittees understand and meet pretreatment requirements. The agency said it prioritizes direct communication and responsiveness to questions, with the goal of providing clear corrective steps through its notification process.

“When issues do arise, the goal is to provide clear, actionable guidance,” the department said, “giving facilities the specific steps they need to correct the course immediately and avoid the need for further enforcement.”

More information on significant non-compliance is available through federal regulations and DEC’s published procedures.

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Dave Soulia | FYIVT

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