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CWA COMPLIANCE EVALUATION INSPECTION REPORT U.S. ENVIRONMENTAL PROTECTION AGENCY, REGION 5 Purpose: Compliance Evaluation Inspection Facility: Nestle USA Beverage Division 4301 West 73rd Street Anderson, Indiana 46013 Madison County 40.037870553581854, -85.74362902671446 NPDES ICIS Tracking Number: INP000521 Date of Inspection: December 6th, 2022 EPA Representatives: Benjamin Atkinson, Enforcement Officer, 312-353-8243 atkinson.ben@epa.gov Dean Maraldo, Physical Scientist, 312-353-2098 maraldo.dean@epa.gov State Representatives: None City Representatives: Carmen Davis, Industrial Surveillance Manager, 765-648-6568 cdavis@cityofanderson.com Facility Representatives: Adam Yunker, Factory Engineering Manager, 732-720-5481 adam.yunker@us.nestle.com Christine Schmidt, Sr. SHE Manager, Christine.schmidt@us.nestle.com Ashleigh Jackson, Sr. Environmental Specialist Ashleigh.jackson@us.nestle.com Thomas Wunderlich, Factory Manager, thomash.wunderlich@us.nestle.com Atkinson, Benjamin Digitally signed by Atkinson, Benjamin Inspector Signature: ___________________________D_a_t_e_: _2_0_2_3._0_2_.1_4__1_5_:4_9_:2_5__-0_6_'0_0_' Approver Name and Title: Ryan J. Bahr, Section 2 Supervisor, Water Enforcement and Compliance Assurance Branch RYAN BAHR Digitally signed by RYAN BAHR Date: 2023.02.14 16:10:41 -06'00' Approver Signature and Date: ____________________________________________ 1 Nestle USA Beverage Division December 6, 2022 1. BACKGROUND The purpose of this report is to describe, evaluate and document the Nestle USA Beverage Division Anderson, Indiana facility's (the Facility) compliance with the Clean Water Act (CWA). This inspection was performed pursuant to Section 308(a) of the Federal Water Pollution Control Act, as amended. The Facility produces a number of liquid food products including Coffee mate Coffee Creamer, Nesquick, Bliss Coffee Creamer, and Boost. The Facility discharges sanitary and process wastewater to the City of Anderson Sewage Treatment System. The Facility operates under Wastewater Discharge Permit #0208P03152019 (the Permit). The Permit has an effective date of June 28, 2021 and an expiration date of March 14, 2023. A permit renewal application was submitted by the Facility on November 14, 2023. 2. Facility Information The Facility produces a number of liquid food products including Coffee mate Coffee Creamer, Nesquick, Bliss Coffee Creamer, and Boost. The Facility includes a bottle forming process. The facility falls under the NAICS Codes 311511 - Fluid Milk Manufacturing and 326160 - Plastic Bottle Manufacturing. The Facility has 863 Employees working 4 shifts and operate 24 hours a day, 7 days a week. The factory shuts down typically 2 weeks each year between April and July along with period shut downs. The Facility runs consistently throughout the year with no significant seasonal changes. The Facility has two permitted outfalls: Outfall 001 - comprised of sanitary and process wastewater and Outfall 003 - comprised of utility wastewater (e.g. blow down and condensate). 20% of its treated effluent is recycled in cooling towers. The Facility discharges 1.2 MGD - 1.6 MGD of effluent. The current pretreatment plant consists of an equalization tank (EQ tank), pH adjustment tank, two disolved air floatation tanks (DAFs), an aerobic reactor tank (AR tank), three membrane bioreactor trains (trains), break tank, permeate tank, and three sludge thickener tanks (See Appendix 2 for flow diagram of current treatment system). In 2018, a production expansion caused the Facility's wastewater generation to outstrip the pretreatment plant's ability to treat. The third train was installed in March 2022 and further plant upgrades are being built. The plant upgrades under construction include: The conversion of the existing EQ to a calamity tank, the conversion of the current AR tank into a larger EQ tank, and the construction of a new 1.67million-gallon AR tank (photo 2). (See Appendix 3 for a flow diagram of the new pretreatment plant). At the time of the inspection, temporary measures had been taken to ensure additional treatment capacity until completion of the permanent plant upgrades. These temporary measures include 40,000 gallons of frac tanks (temporary steel tank) to accept wastewater from the milk alcove (milk loading area) (photo 1), 80,000 gallons of frac tanks to accept high strength waste before the EQ tank (photo 4), a rented blower to improve disolved oxygen, and a rented DAF treatment train. 3.1 Facility Inspection - Interview 2 Nestle USA Beverage Division December 6, 2022 EPA Inspectors Ben Atkinson and Dean Maraldo (the Inspectors) arrived at the Facility at approximately 9:00 AM. They City of Anderson's Industrial Surveillance Manager, Carmen Davis, was onsite when the Inspectors arrived. The Inspectors presented their credentials to the Facility Personnel which included Adam Yunker, Factory Engineering Manager, Christine Schmidt, Sr. SHE Manager, Ashleigh Jackson, Sr. Environmental Specialist, and Thomas Wunderlich, Factory Manager. Following introductions, the Inspectors explained that they would like to begin with the interview portion of the inspection followed by a walkthrough of the Facility including the pretreatment operation. The Inspectors also notified the Facility of their ability to claim information as Confidential Business Information (CBI). The Inspectors began by asking for general Facility information including address, NICS/SIC codes, pre-treatment permit information, number of employees, and operating schedule, and a brief explanation of the industrial activity that took place on-site. This information is included in the previous sections. The Inspectors asked about the source of water at the Facility. The Facility Personnel stated that they use city water for the process water and are able to recycle 20% of treated effluent in the cooling towers. They stated that the Facility produces approximately 1.2 - 1.6 million gallons per day of wastewater and have a water consumption of 2 - 2.4 million gallons per day. The Facility Personnel noted that they had submitted a permit application the previous month which would contain much of this information and that a copy would be provided to the Inspectors. The Inspectors asked the Facility Personnel to provide an explanation of the pretreatment operations at the Facility. The current pretreatment plant consists of an equalization tank (EQ tank), pH adjustment tank, two disolved air floatation tanks (DAFs), an aerobic reactor tank (AR tank), three membrane bioreactor trains (trains), break tank, permeate tank, and three sludge thickener tanks (See Appendix 2 for flow diagram of current treatment system). They stated that the maximum design flow of the system is 1.2 - 1.3 million gallons per day. Sludge is dewatered through natural decanting and the use of the centrifuge and the plant produces 3-5 tankers of sludge per day. Hauling manifests for the sludge were available for review. The Inspectors asked what chemicals were used in the treatment process. The Facility Personnel stated that they used three coagulants for the DAFs, sodium hydroxide and sulfuric acid for pH adjustment, Urea to add nitrogen to the system, citric acid, and bleach. The Inspectors asked who was responsible for compliance sampling. The Facility Personnel stated that Hoosier Microbiology collects and analyses the samples, but that Nestle employees start the auto-samplers as needed. Sampling is conducted at two outfalls: a manhole and in the "sampling shed". Magnetic meters are used to measure flow within the process and there are volumetric flumes at the outfalls. Gripp Inc. performs calibrations on the meters and flumes. When asked about any hazardous waste, the Facility Personnel stated that they were a small quantity hazardous waste generator and hazardous waste was handled by Heritage Environmental and that manifests were available for review. When asked if other solid waste was generated, the Facility Personnel stated that other solid process wastes were hauled offsite for beneficial reuse as animal feed. The Inspectors asked if the facility ever bypasses treatment. The Facility Personnel explained that they did not generally have "typical bypasses". They explained that when the facility does bypass, the effluent still goes through the treatment train until after the DAF units (equalization, 3 Nestle USA Beverage Division December 6, 2022 pH adjustment, and treatment through the DAF). Following DAF treatment, a portion of the flow is bypassed around the final stages of treatment (final stages being the aerobic reactor tank and membrane bioreactor trains) and is then blended with the fully treated effluent prior to discharging. From 2018-2021, the facility continually bypassed as described above as they did not have the capacity to treat the full volume of flow. Following the installation of the third treatment train, these bypasses remained necessary primarily to perform maintenance . The Facility Personnel noted that even during the bypasses, the final effluent was still within permit limits. The Facility Personnel stated that, in October, the City of Anderson had removed permission to discharge bypassed effluent which restricted Nestle's ability to clean and perform maintenance on the membrane bioreactor trains. Facility Personnel stated that on November 27th, the Facility experienced operational issues at the treatment plant and shut down the factory, but not fast enough. As a result, the facility discharged twice from the aerobic reactor totaling an estimated 252,000 gallons. Since that time, the Facility Personnel stated that Nestle had brought additional equipment online to ensure sufficient capacity until planned upgrades were completed in early 2023. The additional equipment included 40,000 gallons of frac tanks (temporary steel tanks) to accept wastewater from the milk alcove (milk loading area) (photo 1), 80,000 gallons of frac tanks to accept high strength waste before the EQ tank (photo 4), a rented blower to improve disolved oxygen, and a rented DAF treatment train. The Facility Personnel explained that they were in the process of permanently expanding the treatment facilities. The plant upgrades under construction include: the conversion of the existing EQ to a calamity tank, the conversion of the current AR tank into a larger EQ tank, and the construction of a new 1.67-million-gallon AR tank (photo 2). See Appendix 3 for a flow diagram of the new pre-treatment plant. Additionally, the Facility purchased a spare set of filter membranes for the treatment trains which will allow them to clean the filters without taking the train offline for a long period. The Inspectors asked if the Facility was under an Industrial Stormwater Permit. The Facility Personnel stated that they were under an Industrial Stormwater Permit, IDEM had recently inspected, and Nestle samples once a year from four stormwater outfalls. The Inspectors asked if there had been any effluent limit exceedances. The Facility Personnel stated that there had been a few pH violations and a Fat, Oil, and Grease violation. The Facility Personnel stated that the pH violations had been due to a broken caustics line, a mistaken slug of acid, and erroneous pH readings. At this point, the Inspectors looking through the documents available and then took a brief break. The Inspectors noted that Mr. Verlin was the Class D operator for the plant and that his certification was set to expire in 2024. Following the break, the Inspectors asked how the timing of the treatment train cleaning was decided. The Facility Personnel stated that it was based on the performance of the system and usually occurred one time per quarter. The cleaning process including a 24-hour soak in bleach coupled with aeration and back pulsing as well as manual cleaning with a hose. The Inspectors asked for clarification on reportable spills. The Facility Personnel stated that the procedure was to notify the pre-treatment plant of any product spills over 5,000 gallons. 4 Nestle USA Beverage Division December 6, 2022 Additionally, should there be a product spill over 5,000 gallons while a bypass was occuring, the City of Anderson would be notified. 3.2 Facility Inspection - Walkthrough Following the Interview portion of the inspection, the Facility Personnel provided an overview of the production process within the factory beginning with the loading sites for wet and dry ingredients, the bottle production process, the mixing and bottling areas, and boxing. The Facility Personnel then provided a safety briefing and PPE for the Inspectors and led them on a walkthrough of the Facility. Following the inspection of the production area, the Inspectors observed the pre-treatment area. The Inspectors observed Frac-tanks outside of the milk alcove. These tanks collect high-strength waste from the milk unloading area (photo 1). The Inspectors then observed the underconstruction new Aerobic Reactor Tank (photo 2). The Facility Personnel stated that the tank would be 1.6 million gallons. The Inspectors walked east and then north and observed the current EQ tank and Aerobic Reactor (photo 3). The Inspectors also observed the frac tank being used as a temporary calamity tank (photo 3). The Facility Personnel stated that the newly installed Au meter (photo 11) detected high-strength waste and automatically diverted the waste to the calamity tank. The Inspectors then observed a transfer hose and temporary white pipe (photo 4). The Facility Personnel stated that this hose came from the temporary calamity tank and conveyed the waste to the tanker loading area to be shipped offsite. The Inspectors observed that the hose coupling was leaking and a blue trashcan had been placed under the coupling to catch the leak (photo 4). The Inspectors then walked north to the "Sampling Shed" and observed the automatic sampler which collects samples from outfall 001 (photo 5). The Inspectors observed that there was no independent thermometer located in the sampler refrigerator. The Inspectors observed posted instructions for the operation and maintenance of the sampling unit (photo 6). The Inspectors then looked east and observed outfall 003 located east of the fence around the facility (photo 7). The Inspectors then walked west and observed outfall 001 (photo 8) and a temporary pipe west of outfall 001 (photo 4 and photo 9). The Facility Personnel stated that the temporary pipe would convey permeate from the rented treatment train to outfall 001 but that it was not yet operational. The Inspectors then walked back south and observed the transfer hose from the frac tank calamity tank to the tanker loading pipe. The Inspectors observed a leak and white effluent at the coupling between two hoses (photo 10). The Inspectors then went into the pretreatment building and observed the Au meter (photo 11), pH adjustment tank (photo 12, DAF units (photo 13), membrane bioreactor tanks (trains) (photo 14), and break tank (photo 15). The inspectors also observed that the containment around the citric acid tank was cracked (photo 16). The Inspectors then walked west out of the pretreatment building and observed the rental DAF unit. 5 Nestle USA Beverage Division December 6, 2022 The Inspectors then returned to the conference room and prepared for the closing conference. 5. Closing Conference The Inspectors held a closing conference during which they requested the following documents. 1) 3 years of effluent monitoring data 2) Compliance communications between the City of Anderson and Nestle 3) The recent permit application 4) Bypass notifications since 2017 5) Wastewater flow diagrams 6) Sampling equipment calibration records The Facility Personnel stated that they would make the documents electronically available. The Inspectors then shared the following areas of the concern identified during the Inspection. 1) The cracked containment surrounding the citric acid tank seen in photo 16. 2) The unauthorized bypass on November 27th. 3) The lack of thermometer in the auto-sampler in the sampling shed. 4) The pH and FOG exceedances. 5) The leaking hose couplers seen in photos 4 and 10. 6) The potential for interference of the City of Anderson wastewater treatment plant. List of appendices: Appendix 1 - Aerial Map Appendix 2 - Current Pretreatment Flow Diagram Appendix 3 - Planned Pretreatment Flow Diagram Appendix 4 - Photo Log 6 Appendix 1 . Nestle USA Beverage Division 4301 West 73rd Street Anderson, Indiana 46013 Madison County 40.037870553581854, -85.74362902671446 Aerobic Reactor Tank Outfall 001 Sampling Shed EQ Tank Outfall 003 Pretreatment building Production Facility Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community Appendix 2 Appendix 3 To City of Anderson POTW LFIT STATION FLUME W/ PH FLOW METER EMERGENCY OVERFLOW AREA VELOCITY FLOW METER #003 UTILITY #002 SANITARY #001 PROCESS REV. DATE - 12/09/2022 PROCESS FLOW OF WASTE WATER PRE-TREATMENT PLANT NESTLE BEVERAGE PLANT - ANDERSON, INDIANA pH PROBE SCREENS (2) SCREENINGS 12" DIAMETER UTILITY 8" DIAMETER SANITARY 18" DIAMETER PROCESS OFFSITE DISPOSAL #001 #003 #002 EMERGENCY OVERFLOW MIXER DAF PRIMARY TREAT. EFFLUENT BYPASS VALVE WWT0_FIT10500 DAF FLOW METER MANUFACTURING PROCESS INFLUENT 1.0 MSD FLOW 2,000 MG/L BOD 3,500 MG/L COD WWT0_FIT10052 FLOW METER CALAMITY TANK 311,000 GAL WWT0_FIT10077 FLOW METER MAIN LIFT STATION #5 10,000 GAL MANUAL VALVE CLOSED BLOWERS (1) (2) CALAMITY TRANSFER PUMPS (3) AUTOMATIC VALVE FCV10204 (FC) AUTOMATIC VALVE FCV10203 (FO) WWT0_FIT10201 FLOW METER COD/AU METER AIT10202 GRAY 3" WAS 75 GPM EQ TANK 1,022,000 GAL NOMINAL 835,000 GAL (ACTIVE) BLOWERS (4) pH PROBE (2) SCREEN FEED PUMPS WWT0_FIT10422 WAS FLOW METER AEROBIC REACTOR 1,670,000 GAL pH PROBE D. O. PROBE BLOWERS (3) TRAIN 1 16,000 GAL TRAIN 2 16,000 GAL TRAIN 3 16,000 GAL BLEACH TOTE TURBIDITY PROBE CITRIC ACID TOTE PERMEATE BREAK TANK (2) WWT1_FIT10166 WWT2_FIT10166 FLOW METER 10,000 GAL WWT0_FIT10412 WAS FLOW METER CENTRIFUGE 45 GPM GRAY CENTRATE ROLL-OFF CONTAINER NaOH H2SO4 pH ADJUSTMENT TANK (8-9 pH) 10,000 GAL (2) pH PROBE 1500 GPM (1) RECLAIM RO RECLAIM RO PERM TANK 20,000 GAL NORTH DAF UNIT 3,500 GAL SOUTH DAF UNIT 3,500 GAL pH PROBE TURBIDITY PROBE GEM (3) LIFT STATION #6 10,000 GAL WWT0_FIT10496 FLOW METER SLUDGE GRAY WATER DECANT TO COOLING TOWERS SLUDGE THICKENER 7,000 GAL SLUDGE THICKENER 7,000 GAL TO OUTFALL #001 SLUDGE THICKENER 7,000 GAL BROWN Appendix 4 Nestle USA Beverage Division EPA Inspection December 6th, 2022 All photos taken by Dean Maraldo, Physical Scientist, U.S. EPA Camera: RICOH WG-4 GPS 1: NSTL001 Description: Two 20,000 gallon frac tanks outside of the milk alcove (unloading area for milk trucks). Location: Northwest corner of the Facility. Camera Direction: Southeast Date/Time: December 6th, 2022 12:34 PM Page 1 Nestle USA Beverage Division December 6, 2022 2: NSTL002 Description: New 1.6 million gallon Aerobic Reactor Tank being constructed north of the Facility. Location: North of the Facility. Camera Direction: North Date/Time: December 6th, 2022 12:36 PM 3: NSTL003 Description: Current EQ tank (left) and Aerobic Reactor tank (right). Note the blue frac tank acting a temporary calamity tank (red arrow). Location: Northwest corner of the Facility. Camera Direction: Northwest Date/Time: December 6th, 2022 12:43 PM Page 2 Nestle USA Beverage Division December 6, 2022 4: NSTL004 Description: Transfer case and pipe for high strength waste from temporary calamity tank to tanker loading area. Note the blue trashcan collecting leaking waste from the hose to pipe coupling. Note the white pipe in the distance (blue arrow). This pipe will convey permeate from the rented treatment train to outfall 001. Location: East of the current Aerobic reactor. Camera Direction: North Date/Time: December 6th, 2022 12:47 PM Page 3 Nestle USA Beverage Division December 6, 2022 5: NSTL005 Description: Autosampler inside the "sampling shed" collecting samples from outfall 001. The refrigerator temperature is displayed as 1.7 celsius, but no independent thermometer was present. Location: Northwest corner of the Facility. Camera Direction: North Date/Time: December 6th, 2022 12:53 PM Page 4 Nestle USA Beverage Division December 6, 2022 6: NSTL006 Description: Maintance and usage instructors for auto-sampler. Posted on the west wall of the "Sampling Shed". Location: Interior of the "Sampling Shed" Camera Direction: West Date/Time: December 6th, 2022 12:57PM 7: NSTL007 Description: Outfall 003 on the east side of the the fence surrounding the Facility. Location: East of fence in the northwest corner of the Facility. Camera Direction: East Date/Time: December 6th, 2022 12:59 PM Page 5 Nestle USA Beverage Division December 6, 2022 8: NSTL008 Description: Looking down outfall 001. Location: Outfall 001 located in the northwest corner of the Facility. Camera Direction: Down Date/Time: December 6th, 2022 1:00 PM 9: NSTL009 Description: Pipe to convey permeate from rented treatment train to outfall 001. Not in use at the time of the Inspection. Location: West of outfall 001. Camera Direction: West Date/Time: December 6th, 2022 1:03 PM Page 6 Nestle USA Beverage Division December 6, 2022 10: NSTL010 Description: Transfer hose from temporary calamity frac tanks. Note leak at the coupling. Location: East of the current Aerobic Reactor. Camera Direction: East Date/Time: December 6th, 2022 1:07 PM 11: NSTL011 Description: Au meter used to control valves to direct high-strength waste to temporary calamity tanks. Location: Interior of pretreatment building. Camera Direction: East Date/Time: December 6th, 2022 1:14 PM Page 7 Nestle USA Beverage Division December 6, 2022 12: NSTL012 Description: pH adjustment tank. Location: Pretreatment building. Camera Direction: South Date/Time: December 6th, 2022 1:16 PM Page 8 Nestle USA Beverage Division December 6, 2022 13: NSTL013 Description: DAF units in pretreatment building. Location: Pretreatment building. Camera Direction: Southeast Date/Time: December 6th, 2022 1:19 PM 14: NSTL014 Description: Membrane bioreactor tanks (trains) located in pretreatment building. Location: Pretreatment building. Camera Direction: Northwest Date/Time: December 6th, 2022 1:25 PM Page 9 Nestle USA Beverage Division December 6, 2022 15: NSTL015 Description: Break tank within pretreatment building. Location: Pretreatment building. Camera Direction: Southwest Date/Time: December 6th, 2022 1:28 PM Page 10 Nestle USA Beverage Division December 6, 2022 16: NSTL016 Description: Containment around citric acid tank is cracked. Location: Pretreatment building. Camera Direction: South Date/Time: December 6th, 2022 1:33 PM Page 11 Nestle USA Beverage Division December 6, 2022