2/7/2017 Introduction Guide to US Food Laws The main goal of the Clean Water Act,1972, and Regulations was to reclaim the country's waters to make SECOND EDITION them swimmable,drinkable,and fishable by Chapter 6 Patricia A.Curtis 1985 Environmental Businesses in the food industry must follow all Regulations and the environmental laws Food Industry Some rules are specific for food production Federal laws are uniform across geographic regions WILEY Blackwall But State and local laws may differ greatly Introduction Discharges to Surface and Ground Waters We will discuss laws organized as -Discharges to surface and ground waters Clean Water Act.1972.governs all direct discharges to surface Clean Water Act,The Process -Solid waste waters of the US -Hazardous waste Direct discharge is broadly Use of water defined to include discharges to Regulation of water sources manmade ditches that eventually -Discharges to air run off into surface waters Chemical use,storage,release,transport and Examples: reporting water used for washing Siting and operation of facilities 、 water extruded from food Compliance with laws related specifically to products during processing safety any liquid wastes
2/7/2017 1 Chapter 6 Environmental Regulations and the Food Industry Introduction • The main goal of the Clean Water Act, 1972, was to reclaim the country’s waters to make them swimmable, drinkable, and fishable by 1985 • Businesses in the food industry must follow all environmental laws • Some rules are specific for food production • Federal laws are uniform across geographic regions • But State and local laws may differ greatly Introduction • We will discuss laws organized as - Discharges to surface and ground waters - Solid waste - Hazardous waste - Use of water - Regulation of water sources - Discharges to air - Chemical use, storage, release, transport and reporting - Siting and operation of facilities - Compliance with laws related specifically to safety Discharges to Surface and Ground Waters • Clean Water Act, 1972, governs all direct discharges to surface waters of the US • Direct discharge is broadly defined to include discharges to manmade ditches that eventually run off into surface waters • Examples: - water used for washing - water extruded from food products during processing - any liquid wastes
2/7/2017 household wastewater commercial and Discharges to Surface and Ground (toilets,sinks,etc) industrial pollution Waters Exemption to the CWA:agricultural storm water discharges Definition restricted to primary producers of crops and livestock who are engaged in agricultural activities that involves sewer pipe catch basin to treatment plant extensive acreages and diffuse runoffs storm drains 2 UNDERGROUND Rarely applicable to the food industry SYSTEMS Discharges to Surface and Ground Discharges to Surface and Ground Waters Waters .1972.Congress also established the National States are encouraged to develop their own Pollutant Discharge Elimination System permit program under the EPA program Basic requirement:no state program can be -addresses water pollution by regulating less stringent that that required by the CWA point sources that discharge pollutants to waters of the United States States may develop more stringent laws All States have developed All point source dischargers must Protecting permit programs except, obtain a permit prior to making Water Quality Alaska,Idaho, any discharges NPDES Massachusetts,New https://www.epa.gov/npdes Hampshire and New Mexico
2/7/2017 2 Discharges to Surface and Ground Waters • Exemption to the CWA: agricultural storm water discharges • Definition restricted to primary producers of crops and livestock who are engaged in agricultural activities that involves extensive acreages and diffuse runoffs • Rarely applicable to the food industry Discharges to Surface and Ground Waters • 1972, Congress also established the National Pollutant Discharge Elimination System permit program - addresses water pollution by regulating point sources that discharge pollutants to waters of the United States • All point source dischargers must obtain a permit prior to making any discharges • https://www.epa.gov/npdes Discharges to Surface and Ground Waters • States are encouraged to develop their own program under the EPA • Basic requirement: no state program can be less stringent that that required by the CWA • States may develop more stringent laws • All States have developed permit programs except, Alaska, Idaho, Massachusetts, New Hampshire and New Mexico
2/7/2017 Discharges to Surface and Ground Discharges to Surface and Ground Waters Waters ·Two types of permits General Permits -Anyone seeking coverage files a Notice of Intent -General with EPA -Individual Information included in the Notice of Intent General permits cover an activity that has existing NPDES permit coverage for a facility relatively minor impact on water quality ownership of the facility and contact info Example:EPA issues a Multi-Sector General Permit information about the facility under which small food processors may claim information about water that will receive the coverage discharge Lists wastes that may be discharged,quantities, information about the discharges to be made types of businesses,other requirements signatures of those responsible Discharges to Surface and Ground Discharges to Surface and Ground Waters Waters ·General Permits ·Individual Permits -Some permits may require a public hearing Large food production facilities that prior to issuing a notice of inclusion discharge are required to file -When EPA or state agency issues a notice of Information included is more detailed than inclusion the facility may begin operating for the general permits -Most applicants will require experts for help to apply -Usually attorneys and environmental consultants that work as a team
2/7/2017 3 Discharges to Surface and Ground Waters • Two types of permits - General - Individual • General permits cover an activity that has relatively minor impact on water quality • Example: EPA issues a Multi-Sector General Permit under which small food processors may claim coverage - Lists wastes that may be discharged, quantities, types of businesses, other requirements Discharges to Surface and Ground Waters • General Permits - Anyone seeking coverage files a Notice of Intent with EPA - Information included in the Notice of Intent existing NPDES permit coverage for a facility ownership of the facility and contact info information about the facility information about water that will receive the discharge information about the discharges to be made signatures of those responsible Discharges to Surface and Ground Waters • General Permits - Some permits may require a public hearing prior to issuing a notice of inclusion - When EPA or state agency issues a notice of inclusion the facility may begin operating Discharges to Surface and Ground Waters • Individual Permits - Large food production facilities that discharge are required to file - Information included is more detailed than for the general permits - Most applicants will require experts for help to apply - Usually attorneys and environmental consultants that work as a team
2/7/2017 Discharges to Surface and Ground Overview of the Clean Water Act Waters Difficulty of obtaining a permit depends on: 1Us动1V06 if water to be discharged is impaired Compile data/ impaired waters are polluted with one or more pollutants to the extent that the water no 303(d)Program longer supports its designated use 400FR1307 Example: .body of water supports fishing Irtcementalion if impaired:has total maximum daily load ◆ (TMDL)established for each pollutant TMDL:maximum amount of a pollutant a body of water can receive without violating water quality standards Point Source Pollution Non-point source pollution -Direct discharge of pollutants into the water. -Indirect discharge of pollutants into water -comes from a wide variety of sources Surface water run off
2/7/2017 4 Discharges to Surface and Ground Waters • Difficulty of obtaining a permit depends on: - if water to be discharged is impaired - impaired waters are polluted with one or more pollutants to the extent that the water no longer supports its designated use - Example: body of water supports fishing if impaired: has total maximum daily load (TMDL) established for each pollutant TMDL: maximum amount of a pollutant a body of water can receive without violating water quality standards Overview of the Clean Water Act
2/7/2017 Discharges to Surface and Ground Discharges to Surface and Ground Waters Waters Discharging into a municipal sewerage system Food industries are required to pretreat waste does not relieve food business of its permitting before it is discharged to a sewer system obligations Food industries are major contributors of Sewage system not designed to handle many grease and biochemical oxygen demand BOD materials discharged -Grease clogs pipes causing spills of raw Discharge material may kill microbes sewage essential to sewage systems affecting BOD:amount of dissolved oxygen needed by sewage treatment aerobic biological organisms to break down Contamination of sludge may increase costs organic material present in a given water BOD increases the cost to treat water Discharges to Surface and Ground Discharges to Surface and Ground Waters Waters Food industries may be required to be Ground water is regulated under state law permitted under the NPDES program for storm water runoff the facility Ground water is regulated through judge-made or common law storm water runoff from parking lots,roofs, Most common causes of action are wrongful and other hard surfaces may be required to acts of: undergo pretreat before discharged .nuisance-unreasonable interference by one dairy products processing plants landowner with another landowner's use 。grain mills canned fruit/vegetable processing plant trespassing-physical invasion of property without the permission of the landowner canned seafood processing plant .beet and sugar refining plant Difficult to prove a wrongful act Successful lawsuits are difficult
2/7/2017 5 Discharges to Surface and Ground Waters • Discharging into a municipal sewerage system does not relieve food business of its permitting obligations - Sewage system not designed to handle many materials discharged - Discharge material may kill microbes essential to sewage systems affecting sewage treatment - Contamination of sludge may increase costs Discharges to Surface and Ground Waters • Food industries are required to pretreat waste before it is discharged to a sewer system - Food industries are major contributors of grease and biochemical oxygen demand BOD - Grease clogs pipes causing spills of raw sewage - BOD: amount of dissolved oxygen needed by aerobic biological organisms to break down organic material present in a given water - BOD increases the cost to treat water Discharges to Surface and Ground Waters • Food industries may be required to be permitted under the NPDES program for storm water runoff the facility - storm water runoff from parking lots, roofs, and other hard surfaces may be required to undergo pretreat before discharged dairy products processing plants grain mills canned fruit/vegetable processing plant canned seafood processing plant beet and sugar refining plant Discharges to Surface and Ground Waters • Ground water is regulated under state law - Ground water is regulated through judge-made or common law - Most common causes of action are wrongful acts of: nuisance – unreasonable interference by one landowner with another landowner’s use trespassing – physical invasion of property without the permission of the landowner - Difficult to prove a wrongful act - Successful lawsuits are difficult
2/7/2017 Solid Waste Solid Waste Food industries generate large amounts Disposal of solid waste is governed by of solid wastes the Solid Waste Disposal Act,1965 -non-edible portions of plants First federal effort to improve waste -spoiled products disposal technology -sludge SWDA sets the minimum standards for -other residues state and local regulations Solid Waste Solid Waste Is the waste hazardous?-exhibits toxicity, Non-hazardous wastes is handled by disposal in flammability,corrosivity,or reactivity may a licensed landfill require special handling EPA developed programs to protect lands Resource Conservation and Recovery Act (RCRA) Source reduction-evaluation of the gives EPA the authority to control hazardous production to reduce waste-generates additional revenue waste from the "cradle-to-grave" .Recycling-recovery of usable product includes generation,transportation from waste treatment,storage,and disposal of hazardous waste. .Diversion of certain wastes from landfill- also has framework for the management of composting of organic wastes non-hazardous solid wastes 6
2/7/2017 6 Solid Waste • Food industries generate large amounts of solid wastes - non-edible portions of plants - spoiled products - sludge - other residues Solid Waste • Disposal of solid waste is governed by the Solid Waste Disposal Act, 1965 • First federal effort to improve waste disposal technology • SWDA sets the minimum standards for state and local regulations Solid Waste • Is the waste hazardous? - exhibits toxicity, flammability, corrosivity, or reactivity may require special handling • Resource Conservation and Recovery Act (RCRA) - gives EPA the authority to control hazardous waste from the "cradle-to-grave“ - includes generation, transportation, treatment, storage, and disposal of hazardous waste. - also has framework for the management of non-hazardous solid wastes Solid Waste • Non-hazardous wastes is handled by disposal in a licensed landfill - EPA developed programs to protect lands Source reduction – evaluation of the production to reduce waste – generates additional revenue Recycling – recovery of usable product from waste Diversion of certain wastes from landfill – composting of organic wastes
2/7/2017 Solid Waste Hierarchy Hazardous Waste Avoidance Best Generators of hazardous waste must apply to EPA and information includes Recycling application must identify Energy recovery -site land type Incineration -North American Industrial Classification without energy recovery System Code for the activity carried out contact person Landfilling Worst legal owner of the site Hazardous Waste Hazardous Waste Hazardous waste activities must be identified A manifest must follow the waste from the and classified by amount of waste produced site generated to the disposal site Transportation,treatment,and disposal are Regulatory agency must be able to find a also regulated complete paper trail for the waste Food industries do not likely produced Failure to do so will result in civil penalties hazardous wastes but activities must be evaluated Willful violations may result in criminal penalties Fluorescent light bulbs with mercury Wastes are disposed of in a licensed hazardous waste landfill
2/7/2017 7 Hazardous Waste • Generators of hazardous waste must apply to EPA and information includes - application must identify - site - land type - North American Industrial Classification System Code for the activity carried out - contact person - legal owner of the site Hazardous Waste • Hazardous waste activities must be identified and classified by amount of waste produced • Transportation, treatment, and disposal are also regulated • Food industries do not likely produced hazardous wastes but activities must be evaluated - Fluorescent light bulbs with mercury • Wastes are disposed of in a licensed hazardous waste landfill Hazardous Waste • A manifest must follow the waste from the site generated to the disposal site • Regulatory agency must be able to find a complete paper trail for the waste • Failure to do so will result in civil penalties • Willful violations may result in criminal penalties
2/7/2017 Use of Water Use of Water Eastern States Source of water determines the law and Water is requlated under state and regulatory scheme local law rather than federal law States have elaborate systems for dividing Water sources are either ground water surface water or surface water Eastern states this is usually riparian rights Only riparian owners have the right to use the surface waters Riparian owner is one ndwater fills the whose property touches the body of water in earth's surtace question Use of Water Use of Water Eastern States Eastern States Modified to the Rule of Reasonable Use English law limited the use of surface water by commercial enterprises can use any amount as long as they do not interfere with reasonable use by others not allowed to diminish the quality or some states have regulatory schemes that quantity of water divide the water use between users quality is now regulated by the Clean -deeds of easement that extinguish the right of one riparian owner to use water in favor Water Act of another on the same body of water quantity is regulated at the state level deed of easement-a legal document that grants the right to use another person's land for a specifically stated purpose
2/7/2017 8 Use of Water • Water is regulated under state and local law rather than federal law • Water sources are either ground water or surface water Use of Water Eastern States • Source of water determines the law and regulatory scheme • States have elaborate systems for dividing surface water • Eastern states this is usually riparian rights • Only riparian owners have the right to use the surface waters • Riparian owner is one whose property touches the body of water in question Use of Water Eastern States • English law limited the use of surface water by commercial enterprises - not allowed to diminish the quality or quantity of water - quality is now regulated by the Clean Water Act - quantity is regulated at the state level Use of Water Eastern States • Modified to the Rule of Reasonable Use - can use any amount as long as they do not interfere with reasonable use by others - some states have regulatory schemes that divide the water use between users - deeds of easement that extinguish the right of one riparian owner to use water in favor of another on the same body of water - deed of easement – a legal document that grants the right to use another person's land for a specifically stated purpose
2/7/2017 Use of Water Use of Water Eastern States Eastern States Artificial bodies of water ·Ground water impoundments lakes ponds treated similarly to surface water if in a canals other man-made bodies well-defined underground channel -property touching older artificial bodies of percolating ground water is found in the water are riparian owners pores in the soil and rock below the water property touching newer bodies of water table not in defined channels may not have any rights at all for use ppicep Deed restrictions are rules and regulations that govern one or more parcels of land earth'\s Use of Water Use of Water Eastern States Western States Radically different to eastern states ·Ground water Most western states use a system of under English common law,treated as prior appropriation rights property of the land owner under absolute first user in time is first in right ownership if no water is left after the first user uses his modified now to rule of reasonable use share,then the users with inferior right are out what one landowner does with ground of luck water will impact water under water rights in some regions are more important neighboring properties than land rights some states require licenses for large gold miners could claim a right to the water by commercial users of ground water diverting water from streams and rivers for their mining operations 9
2/7/2017 9 Use of Water Eastern States • Artificial bodies of water impoundments lakes ponds canals other man-made bodies - property touching older artificial bodies of water are riparian owners - property touching newer bodies of water may not have any rights at all for use - often governed by deed restrictions or laws applicable to the specific reservoir - Deed restrictions are rules and regulations that govern one or more parcels of land Use of Water Eastern States • Ground water - treated similarly to surface water if in a well-defined underground channel - percolating ground water is found in the pores in the soil and rock below the water table not in defined channels Use of Water Eastern States • Ground water - under English common law, treated as property of the land owner under absolute ownership - modified now to rule of reasonable use what one landowner does with ground water will impact water under neighboring properties - some states require licenses for large commercial users of ground water Use of Water Western States • Radically different to eastern states • Most western states use a system of prior appropriation rights - first user in time is first in right - if no water is left after the first user uses his share, then the users with inferior right are out of luck - water rights in some regions are more important than land rights - gold miners could claim a right to the water by diverting water from streams and rivers for their mining operations
2/7/2017 Use of Water Use of Water regulation of water sources Right to use water may be limited by: Safe Drinking Water Act regulates surface waters used for public water supply systems international treaties local zoning authorities establish land use interstate compacts restriction in the watershed that supports treaties with Indian nations surface water support Endangered Species Act water supply watershed protection programs complex restrictions that vary greatly between protected areas density restrictions banning of land uses that lead to contamination percent hard surfaces causing a lot of runoff Use of Water Use of Water regulation of water sources regulation of water sources SDWA encouraged states to develop well- Standards for wells may or may not have state head protection programs and local regulations designed to protect ground water supplying Food businesses that use wells as a source of public water systems water must comply with state and local regulations restrict land use above the aquifier Locations with no regulations are more problematic as adulteration of the food may occur restrict release of pollutants contract with a reliable well driller restrict the uses of the land in the .well is sealed against surface contaminants protected area well provides the needs of the food producer .periodically test water for contamination 0
2/7/2017 10 Use of Water • Right to use water may be limited by: - international treaties - interstate compacts - treaties with Indian nations - Endangered Species Act Use of Water regulation of water sources • Safe Drinking Water Act regulates surface waters used for public water supply systems - local zoning authorities establish land use restriction in the watershed that supports surface water support - water supply watershed protection programs - complex restrictions that vary greatly between protected areas density restrictions banning of land uses that lead to contamination percent hard surfaces causing a lot of runoff Use of Water regulation of water sources • SDWA encouraged states to develop wellhead protection programs - designed to protect ground water supplying public water systems - restrict land use above the aquifier - restrict release of pollutants - restrict the uses of the land in the protected area Use of Water regulation of water sources • Standards for wells may or may not have state and local regulations • Food businesses that use wells as a source of water must comply with state and local regulations • Locations with no regulations are more problematic as adulteration of the food may occur contract with a reliable well driller well is sealed against surface contaminants well provides the needs of the food producer periodically test water for contamination