Campbell Soup Complaint

Case: 3:24-cv-00515 Doc #: 1 Filed: 03/20/24 1 of 27.
PageID #: 1
UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF OHIO
WESTERN DIVISION
ENVIRONMENT AMERICA, D/B/A )

ENVIRONMENT OHIO, AND LAKE ERIE ) Civil Action No.:
WATERKEEPER, )
) COMPLAINT
Plaintiffs, )
)
)
vs. )
)
CAMPBELL SOUP SUPPLY COMPANY )
L.L.C., )
)
Defendant. )
_____________________________ )
INTRODUCTION
1. This is a citizen enforcement suit brought by two non-profit environmental organi-
zations, Environment America d/b/a Environment Ohio and Lake Erie Waterkeeper (collectively,
“Plaintiffs”). Plaintiffs bring suit on behalf of their individual members against Campbell Soup
Supply Company L.L.C. (“Campbell Soup” or “Defendant”) to redress and prevent ongoing vio-
lations of the federal Clean Water Act (“CWA” or the “Act”) that pollute and adversely affect the
Maumee River and Lake Erie.
2. This suit is authorized under Section 505 of the CWA, 33 U.S.C. § 1365, commonly
known as the “citizen suit” provision.
3. Defendant Campbell Soup is an Ohio corporation operating a heat process and
canned food facility (“Facility”) located in Napoleon, Ohio.

Case: 3:24-cv-00515 Doc #: 1 Filed: 03/20/24 2 of 27. PageID #: 2
4. For at least the past five years, Campbell Soup has released and continues to release
a variety of pollutants from the Facility into the Maumee River and into unnamed tributaries of the
Maumee River at levels that violate the CWA.
5. Campbell Soup will continue to violate the CWA after the date this Complaint is
filed.
6. Plaintiffs intend this action to encompass post-Complaint violations of the types
alleged herein.
7. Plaintiffs and their individual members place a high value on the health and quality
of the Maumee River and its surroundings and on the health and quality of western Lake Erie.
They are concerned about the impacts that the pollutants discharged by Campbell Soup have on
the health and safety of the river, the lake, and their local environment. Plaintiffs’ members’ use
and enjoyment of the Maumee River and Lake Erie are adversely affected by the CWA violations
described herein.
NPDES PERMITTING AND CITIZEN ENFORCEMENT UNDER THE CWA
8. The objective of the CWA “is to restore and maintain the chemical, physical, and
biological integrity of the Nation’s waters.” 33 U.S.C. § 1251(a).
9. Dischargers of industrial wastewater, like Campbell Soup, must comply with per-
mits issued under the National Pollutant Discharge Elimination System (“NPDES”), a federal pro-
gram established in Section 402 of the Act, 33 U.S.C. § 1342. In Ohio, the NPDES program is
administered by the Ohio Environmental Protection Agency (“Ohio EPA”), subject to the oversight
and ultimate authority of the U.S. Environmental Protection Agency (“USEPA”).
10. An NPDES wastewater discharge permit, which is required by federal law to meet
certain specified criteria, contains limits on (and often other requirements for) the discharge of
allowable pollutants, and contains pollutant monitoring and reporting requirements.
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The discharge of any pollutant in violation of an NPDES permit is prohibited by Section 301(a) of
the Clean Water Act, 33 U.S.C. § 1311(a), and is thus a violation of the Act.
11. The CWA authorizes citizens who are affected by such violations to commence an
enforcement action in federal court against any “person,” including corporations, alleged to be in
violation of “an effluent standard or limitation.” 33 U.S.C. § 1365(a). By definition, “effluent
standard or limitation” includes any condition or requirement of an NPDES permit. 33 U.S.C.
§ 1365(f).
12. The CWA authorizes the plaintiffs in such citizen enforcement suits to seek injunc-
tive relief, civil penalties payable to the United States, and their costs of litigation. 33 U.S.C
§ 1365(a) & (d).
13. To facilitate citizen oversight of water pollution and to encourage the filing of citi-
zen enforcement suits, the CWA requires the monitoring of pollution discharges and makes the
resulting discharge data available to the public. 33 U.S.C. § 1318.
CAMPBELL SOUP’S PERMIT AND DISCHARGE MONITORING REPORTS
14. Campbell Soup’s operations at the Facility are governed by NPDES Permit No.
2IH00021 (the “Permit”). The Permit requires Campbell Soup to monitor its wastewater effluent
and to submit the monitoring results to Ohio EPA on monthly forms known as “discharge moni-
toring reports” (“DMRs”). Under the CWA, DMRs are required to be signed by a company official
under the penalty of perjury and are publicly available.
15. DMRs submitted by Campbell Soup to Ohio EPA contain information on the levels
of certain pollutants in the Facility’s wastewater and on other water quality indicators. These pol-
lutants and water quality indicators, also known as “parameters,” include carbonaceous biochem-
ical oxygen demand (“CBOD”), dissolved oxygen (“DO”), E. coli bacteria, phosphorus, nitrogen
(as ammonia, NH3), total suspended solids (“TSS”), and oil and grease, among others.
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16. The DMRs Campbell Soup has submitted to Ohio EPA are conclusive evidence of
the compliance information reported in those DMRs.
PARTIES
Environment Ohio
17. Environment America, Inc., is a Colorado non-profit corporation with over 130,000
members nationwide.
18. Environment America does business in Ohio as Environment Ohio and will be re-
ferred to subsequently herein as “Environment Ohio.”
19. Environment Ohio is a “person” within the meaning of 33 U.S.C. § 1362(5), which
defines “person” under the CWA to include “corporation.”
20. Environment Ohio has approximately 830 members in Ohio.
21. Environment Ohio advocates for clean air, clean water, and the preservation of
Ohio’s natural resources. Environment Ohio advocates to protect and preserve Lake Erie and the
Maumee River specifically.
22. Among other activities in pursuit of these goals, Environment Ohio researches and
distributes analytical reports on environmental issues, advocates before legislative and administra-
tive bodies, conducts public education and membership recruitment campaigns (door to door, over
the phone, via social media, and by direct mail), and pursues public interest litigation on behalf of
its members.
23. Environment Ohio has members who live, own homes, own businesses, or recreate
in, on, or near the Maumee River and Lake Erie downstream of the Facility.
24. Environment Ohio brings this suit on behalf of its members who are adversely af-
fected by the Facility’s violations of discharge limits for CBOD, DO, phosphorus, nitrogen, E. coli
bacteria, TSS, and oil and grease.
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Lake Erie Waterkeeper
25. Lake Erie Waterkeeper is an Ohio non-profit corporation with approximately 200
members in Ohio, Michigan, Indiana, Pennsylvania, and Ontario, Canada.
26. Lake Erie Waterkeeper is a “person” within the meaning of 33 U.S.C. § 1362(5),
which defines “person” under the CWA to include “corporation.”
27. Lake Erie Waterkeeper advocates for fishable, swimmable, drinkable water for the
Lake Erie watershed, which includes the Maumee River.
28. A primary project Lake Erie Waterkeeper undertakes is prevention of nearshore al-
gal blooms. Lake Erie Waterkeeper designates the Maumee River as a “priority tributary” for
nearshore algal blooms.
29. Among other activities in pursuit of its organizational goals, Lake Erie Waterkeeper
advocates and educates on issues affecting water quality in the Lake Erie watershed and recruits
members to assist in these efforts through tabling, meetings, presentations, and direct mail.
30. Lake Erie Waterkeeper has members who live, own homes, or recreate in, on, or
near the Maumee River and Lake Erie downstream of the Facility.
31. Lake Erie Waterkeeper brings this suit on behalf of its members who are adversely
affected by the Facility’s violations of discharge limits for CBOD, DO, phosphorus, nitrogen, E.
coli bacteria, TSS, and oil and grease.
Campbell Soup Supply Company
32. Campbell Soup Supply Company L.L.C. is a for-profit corporation, incorporated in
Delaware and with its headquarters in Camden, New Jersey.
33. Campbell Soup is a “person” within the meaning of 33 U.S.C. § 1362(5), which
defines “person” under the CWA to include “corporation.”
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34. Campbell Soup cans soups, beverages, and other food products at the Facility. This
involves producing cans for packaging the products, preparing foods for canning, and heat-process
canning of the foods. The Facility is surrounded by acres of crop fields in which wheat and other
crops are grown for use in the company’s food and snack production.
35. Campbell Soup operates the Facility.
36. Campbell Soup owns the Facility.
37. Campbell Soup Supply Company L.L.C. is a subsidiary of Campbell Soup Com-
pany, a publicly traded corporation incorporated in Camden, New Jersey.
38. Campbell Soup Company, the parent corporation, reported annual sales of $8.6 bil-
lion for Fiscal Year 2022.
JURISDICTION, VENUE, AND NOTICE
39. This Court has subject matter jurisdiction over this action pursuant to 33 U.S.C.
§ 1365(a)(1) (the CWA citizen suit provision) and 28 U.S.C. § 1331.
40. Venue lies in this District under 33 U.S.C. § 1365(a)(1) because the Facility is lo-
cated within this District.
41. Pursuant to 28 U.S.C. § 2201(a), this Court may issue a declaratory judgment that
Campbell Soup has violated its Permit and the CWA, and determining the number of days of vio-
lations Campbell Soup has committed.
42. On July 13, 2023, counsel for Environment Ohio and Lake Erie Waterkeeper mailed
a letter (the “Notice Letter,” a copy of which is attached as Exhibit 1 and is incorporated by refer-
ence herein) by certified mail, return receipt requested, to the following, each of whom received
the Notice Letter:
a. The Facility Manager of Campbell Soup’s Napoleon Plant. A copy of the return
receipt for Campbell Soup is attached as part of Exhibit 2.
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b. CT Corporation System, the registered agent for Campbell Soup Supply Company
L.L.C. A copy of the return receipt for CT Corporation System is attached as part
of Exhibit 2.
c. The Administrator of the USEPA, Michael S. Regan. A copy of the return receipt
for the Administrator is attached as part of Exhibit 2.
d. The Regional Administrator for Region 5 of the USEPA, Debra Shore. A copy of
the return receipt for the Regional Administrator is attached as part of Exhibit 2.
e. The Director of the Ohio EPA, Anne M. Vogel. A copy of the U.S. Postal Service
confirmation of delivery to the Director is attached as part of Exhibit 2.
43. The Notice Letter satisfies the CWA’s pre-suit notice requirements, as set forth in
33 U.S.C. § 1365(b)(1)(A) and 40 C.F.R. § 135.3.
44. Environment Ohio and Lake Erie Waterkeeper filed this Complaint more than 60
days after the mailing of the Notice Letter, as required by 33 U.S.C. § 1365(b)(1)(A). For the
purpose of the Act’s 60-day notice requirement, the Notice Letter was served on July 13, 2023, the
date on which it was sent via certified mail, return receipt requested. 40 C.F.R. § 135.2(c).
45. Environment Ohio and Lake Erie Waterkeeper will serve a copy of this Complaint
on the U.S. Attorney General and the Administrator of the USEPA, pursuant to 33 U.S.C.
§ 1365(c)(3).
46. As of the time of filing of this Complaint, neither USEPA nor Ohio EPA com-
menced or is diligently prosecuting a civil or criminal action against Campbell Soup in a court of
the United States or a state to require compliance with any of the effluent standards or limitations
Plaintiffs allege are being violated at the Facility.
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47. As of the date of service of the Notice Letter, neither USEPA nor Ohio EPA had
begun an administrative action to financially penalize Campbell Soup for any of the violations set
forth in the Notice Letter.
FACTUAL BACKGROUND
The Facility
48. Campbell Soup’s operations take place at 12-773 State Route 110 in the city of
Napoleon, Ohio.
49. Operations at the Facility include can-making, canning, washing, blending, and fill-
ing. The Facility includes buildings used for these operations, as well as offices and restrooms and
approximately 406 acres of “spray fields.”
50. The Facility generates wastewater from its container operations, its offices and re-
strooms, its boiler house and refrigeration units, its vegetable washing and preparation operations,
its food blending operations, its can-filling operations, and its cookers and sterilizers.
51. Wastewater generated at the Facility receives some treatment to remove pollutants
before it is discharged into the Maumee River or its tributaries through discharge points designated
in the Permit as Outfalls 001, 006, 007, 008, 009, and 099.
52. Wastewater generated by container operations and wastewater generated by offices
and restrooms is sent to the Facility’s wastewater treatment plant.
53. Wastewater generated in boiler house/refrigeration, vegetable washing/prep, blend-
ing, filling, and cooking/sterilizing is treated by screening. After screening, this wastewater is ei-
ther sent to the wastewater treatment plant or it is sent to spray field overland flow treatment sys-
tems.
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54. When operating as designed, the wastewater treatment plant treats process
wastewater by grit removal, grinding, screening, trickling filtration, flotation, anaerobic digestion,
sedimentation, disinfection, and dichlorination, before it is discharged from Outfall 001.
55. Outfall 001 is a “point source” as defined in 33 U.S.C. § 1362(14).
56. Process wastewater is treated at the spray field overland flow treatment system by
screening, microstraining, and spray irrigation.
57. Spray irrigation is performed by spraying wastewater via ground-mounted nozzles
onto four spray fields. There are 673 nozzles altogether, each of which is designed to spray 20
gallons per minute.
58. Outfalls 006, 007, 008, and 009 discharge overland flow from spray fields into four
unnamed tributaries of the Maumee River, with each outfall discharging to a separate such un-
named tributary.
59. Outfalls 006, 007, 008, and 009 are each “point sources” as defined in 33 U.S.C.
§ 1362(14).
60. The Permit also designates an internal monitoring point as Outfall 099 for the pur-
pose of measuring compliance with the federal limits imposed by USEPA on the wastewater cre-
ated by the can-making process.
61. The wastewater discharged into the Maumee River and its unnamed tributaries is
also known as the Facility’s “effluent.”
The Facility’s NPDES Permit Limits
62. Once issued, NPDES permits are effective for five years. They may be modified
during the five-year term and must be re-issued upon expiration.
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63. On November 10, 2016, Ohio EPA issued a modification of the Facility’s existing
Permit. The modified permit, No. 2IH00021*JD (“the 2017 Permit”), became effective on July 1,
2017.
64. Ohio EPA re-issued the Facility’s Permit, No. 2IH00021*KD (“the March 2022
Permit”), on February 15, 2022. The March 2022 Permit became effective on March 1, 2022.
65. Ohio EPA issued a modification of the March 2022 Permit on September 22, 2022.
The modified permit, No. 2IH00021*LD (“the October 2022 Permit”) became effective on Octo-
ber 1, 2022.
66. The October 2022 Permit expires on February 28, 2027.
67. The 2017 Permit, the March 2022 Permit, and the October 2022 Permit establish
effluent limitations and monitoring and reporting requirements for, among other things, discharge
parameters at Outfalls 001, 006, 007, 008, 009, and 099. Violations of these limits and require-
ments are violations of both the permit and of the CWA.
68. The 2017 Permit, the March 2022 Permit, and the October 2022 Permit each state
in Part III.15, “The discharge of any pollutant identified in this permit more frequently than, or at
a level in excess of, that authorized by this permit shall constitute a violation of the terms and
conditions of this permit. Such violations may result in the imposition of civil and/or criminal
penalties as provided for in Section 309 of the Act and Ohio Revised Code Sections 6111.09 and
6111.99.”
DEFENDANT’S VIOLATIONS OF THE CLEAN WATER ACT
69. Defendant’s violations of the Permit’s limits for CBOD, E. coli, phosphorus, nitro-
gen, TSS, and oil and grease, and Defendant’s violations of the Permit’s requirement to maintain
dissolved oxygen above specified levels, are set forth in detail in the Notice Letter attached as
Exhibit 1 and in Counts I through VIII below. This information is based on publicly available data
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for January 2018 through February 2024. The numeric limits and specified DO levels are taken
from Part 1, A. of the Permit. For each violation of these permit parameters, the following infor-
mation is provided: (a) the applicable limit or DO requirement; (b) the wastewater measurement
in violation of that limit or DO requirement; (c) the location and date on which the violation oc-
curred; and (d) the number of days of violation that resulted. A violation of a daily maximum or
minimum limit constitutes one day of violation; a violation of a monthly average limit constitutes
28 to 31 days of violation (depending on the month); and a violation of a weekly average limit
constitutes seven days of violation. The Notice Letter also lists the source of the information
provided, whether from Defendant’s DMR data, from the data posted on USEPA’s ECHO website,
or from a Noncompliance Notification submitted by Defendant to Ohio EPA. With its existing
wastewater treatment system, Campbell Soup will not attain sustained compliance with the permit
requirements set forth below. Unless and until the company either suspends production at the site
or implements a new or significantly modified wastewater treatment system, its violations will
continue.
COUNT I:
Violations of Numeric CBOD Limits at Outfall 001
70. As set forth in Table 1 of the Notice Letter, Campbell Soup violated its monthly
average CBOD limit at Outfall 001 for 43 months during the period between February 28, 2018,
and April 30, 2023, and violated its daily maximum CBOD limit at Outfall 001 on 101 days during
this period, for a total of 1,404 days of violation.
71. Monitoring information that has become available since the service of the Notice
Letter reveals the following additional CBOD violations at Outfall 001:
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Permitted Reported Days of

Date Limit Type Units
Limit Discharge Violation
5/4/23 Daily Max. 40 44 mg/L 1
5/31/23 Monthly Av. 25 26 mg/L 31
7/20/23 Daily Max. 40 42 mg/L 1
8/10/23 Daily Max. 40 110 mg/L 1
8/15/23 Daily Max. 40 58 mg/L 1
8/17/23 Daily Max. 40 42 mg/L 1
8/24/23 Daily Max. 40 43 mg/L 1
8/31/23 Daily Max. 1520 2590 kg/d 1
8/31/23 Monthly Av. 25 34.9 mg/L 31
1/4/24 Daily Max. 40 53 mg/L 1
1/18/24 Daily Max. 40 41 mg/L 1
1/25/24 Daily Max. 40 53 mg/L 1
1/31/24 Monthly Av. 25 32.6 mg/L 31
2/8/24 Daily Max. 40 56 mg/L 1
2/29/24 Monthly Av. 25 32.5 mg/L 29
72. These violations are ongoing. Because Campbell Soup has not adequately ad-
dressed the cause(s) of these CBOD violations, these violations will continue after the filing of this
Complaint. This action addresses all such violations occurring after those listed in the Notice Letter.
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COUNT II:
Violations of Numeric Dissolved Oxygen Requirements at Outfalls 001 and 006-009
73. The Permit requires Campbell Soup to maintain a dissolved oxygen level of at least
5 milligrams per liter in the effluent discharged from Outfall 001 and the effluent discharged from
Outfalls 006-009. A dissolved oxygen violation that continues across multiple calendar days re-
sults in multiple days of violation.
74. As set forth in Table 2 of the Notice Letter, Campbell Soup violated this require-
ment at Outfall 001 on 33 occasions, for 43 total days of violation, from August 31, 2021, through
April 22, 2023, and violated this requirement at Outfalls 006-009 on 52 occasions, for 85 total
days of violation, from July 31, 2018, through August 31, 2022. This constitutes a total of 128
days of violation.
Letter reveals the following additional DO violations at Outfalls 001, 007, 008, and 009:
Required Reported Days of

Date Outfall Units
Minimum Discharge Violation
5/10/23 001 5 4.2 mg/L 1
6/12/23 001 5 0.8 mg/L 1
7/4/23 007 5 4.85 mg/L 1
7/6/23 007 5 3.9 mg/L 1
8/10/23 001 5 3.6 mg/L 1
8/11/23 001 5 3.8 mg/L 1
8/12/23 001 5 4.4 mg/L 1
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8/21/23 007 5 4.6 mg/L 1
8/24/23 001 5 1.8 mg/L 1
8/25/23 009 5 4.7 mg/L 1
8/30/23 001 5 4 mg/L 1
8/31/23 008 5 4.3 mg/L 1
10/4/23 001 5 2.6 mg/L 1
10/4/23 009 5 4 mg/L 1
12/6/23 001 5 3.3 mg/L 1
12/8/23 001 5 2.9 mg/L 1
dressed the cause(s) of these DO violations, they will continue after the filing of this Complaint.
This action addresses all such violations occurring after those listed in the Notice Letter.
COUNT III:
Violations of Numeric E. coli Limits at Outfall 001
77. The E. coli limits at Outfall 001 are applicable during the six-month period from
May through October. As set forth in Table 3 of the Notice Letter, Campbell Soup violated its
monthly average E. coli limit at Outfall 001 for ten months during the period between June 7,
2018, and September 30, 2022, and violated its weekly average E. coli limit at Outfall 001 for 35
weeks during this period, for a total of 551 days of violation.
Letter reveals the following additional E. coli violations at Outfall 001:
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5/31/23 Weekly Mean 284 1733 MPN/100 ml 7
dressed the cause(s) of these E. coli violations, these violations will continue after the filing of this
Complaint. This action addresses all such violations occurring after those listed in the Notice
Letter.
COUNT IV:
Violations of Numeric Phosphorus Limits at Outfalls 001 and 006-009
average phosphorus limit at Outfall 001 for 21 months and its daily maximum phosphorus limit at
Outfall 001 on 33 days, during the period between September 30, 2018, and April 30, 2023, and
violated its monthly average phosphorus limit at Outfalls 006-009 for 10 months and its daily
maximum phosphorus limit at Outfalls 006-009 on 10 days, from August 31, 2019, through Sep-
tember 30, 2022. This constitutes a total of 988 days of violation.
Letter reveals the following additional phosphorus violations at Outfall 001 and 009:
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Date Outfall Limit Type Units
5/9/23 001 Daily Max. 1.5 1.58 mg/L 1
5/23/23 001 Daily Max. 1.5 1.71 mg/L 1
5/31/23 001 Monthly Av. 1.0 1.15 mg/L 31
6/27/23 001 Daily Max. 1.5 1.77 mg/L 1
6/30/23 001 Monthly Av. 1.0 1.19 mg/L 30
7/11/23 001 Daily Max. 1.5 3.63 mg/L 1
7/13/23 001 Daily Max. 1.5 1.61 mg/L 1
7/31/23 001 Monthly Av. 1.0 1.31 mg/L 31
8/24/23 001 Daily Max. 1.5 1.76 mg/L 1
8/31/23 001 Monthly Av. 1.0 1.01 mg/L 31
9/7/23 001 Daily Max. 1.5 1.54 mg/L 1
9/14/23 001 Daily Max. 1.5 1.54 mg/L 1
9/30/23 001 Monthly Av. 1.0 1.17 mg/L 30
10/5/23 001 Daily Max 1.5 1.78 mg/L 1
10/5/23 009 Daily Max 1.5 1.98 Mg/L 1
10/6/23 001 Daily Max 1.5 1.6 mg/L 1
10/31/23 001 Monthly Av. 1.0 1.27 mg/L 31
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dressed the cause(s) of these phosphorus violations, these violations will continue after the filing
of this Complaint. This action addresses all such violations occurring after those listed in the
Notice Letter.
COUNT V:
Violations of Numeric Nitrogen (Ammonia) Limits at Outfall 001
83. The nitrogen limits at Outfall 001 are applicable during the six-month period from
May through October. As set forth in Table 5 of the Notice Letter, Campbell Soup violated its
monthly average nitrogen limit at Outfall 001 for five months during the period between Septem-
ber 4, 2018, and July 5, 2022, and violated its daily maximum nitrogen limit at Outfall 001 on 15
days during this period, for a total of 199 days of violation.
Letter reveals the following additional nitrogen violations at Outfall 001:

7/11/23 Daily Max. 3.5 8.1 mg/L 1
7/31/23 Monthly Av. 1.6 1.98 mg/L 31
7/31/23 Daily Max. 90.9 110 kg/day 1
9/5/23 Daily Max. 3.5 5.7 mg/L 1
9/30/23 Daily Max. 90.9 120 kg/day 1
10/17/23 Daily Max. 3.5 4.2 mg/L 1
85. These violations are ongoing. In addition, Campbell Soup’s nitrogen discharges
from Outfall 001 exceeded the monthly average Summer limits in April and December 2023, and
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exceeded the daily maximum Summer limits in November and December 2023 and in January
2024. Although these are not permit violations (because they did not occur in the period from May
through October), and although the company reports that it is more difficult to meet the nitrogen
limits in the colder weather of the winter months, these exceedances are nonetheless indicative of
an inability to consistently meet the nitrogen limits. Because Campbell Soup has not adequately
addressed the cause(s) of its nitrogen violations, they will continue after the filing of this Com-
plaint. This action addresses all such violations occurring after those listed in the Notice Letter.
COUNT VI:
Violations of Numeric TSS Limits at Outfalls 001, 009 and 099
average TSS limits at Outfalls 001, 009, and 099 for 52 months, and violated its daily maximum
TSS limits at Outfalls 001, 009, and 099 on 102 days, during the period from August 16, 2018, to
April 30, 2023, for a total of 1,672 days of violation.
Letter reveals the following additional TSS violations at Outfall 001 and 099:

Date Outfall Limit Type Units
5/4/23 001 Daily Max. 45 50 mg/L 1
5/9/23 001 Daily Max. 45 56 mg/L 1
5/31/23 001 Monthly Av. 30 34 mg/L 31
8/10/23 001 Daily Max. 45 49 mg/L 1
11/7/23 001 Daily Max. 45 57 mg/L 1
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12/31/23 099 Daily Max. 10.51 16.77 kg/d 1
12/31/23 099 Monthly Av. 5 12.17 kg/d 31
1/31/24 001 Daily Max. 45 48 mg/L 1
1/31/24 099 Monthly Av. 5 6.862 kg/d 31
dressed the cause(s) of these TSS violations, these violations will continue after the filing of this
Complaint. This action addresses all such violations occurring after those listed in the Notice
Letter.
COUNT VII:
Violations of Numeric Oil and Grease Limits at Outfall 099
average oil and grease limits at Outfall 099 for eleven months and violated its daily maximum oil
and grease limits at Outfall 099 on 12 days, during the period from June 30, 2018, through January
31, 2023, for a total of 347 days of violation.
Letter reveals the following additional oil and grease violations at Outfall 099:

6/30/23 Daily Max. 5.13 9.23 kg/day 1
6/30/23 Monthly Av. 3.08 4.78 kg/day 30
dressed the cause(s) of these oil and grease violations, these violations will continue after the filing
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of this Complaint. This action addresses all such violations occurring after those listed in the
Notice Letter.
COUNT VIII:
Violations of Narrative Standard Against Contributing to Algal Blooms
92. Section III(2)(E) of the Permit prohibits the discharge of substances “in amounts
that are conducive to the growth of aquatic weeds or algae to the extent that such growths become
inimical to more desirable forms of aquatic life, or create conditions that are unsightly, or constitute
a nuisance in any other fashion.”
93. The National Oceanic and Atmospheric Administration and the National Center for
Water Quality Research have determined, for each of the past several years, that a “harmful algal
bloom” has formed in western Lake Erie in the summers, and often extending into the fall. These
blooms are “inimical to more desirable forms of aquatic life,” “are unsightly,” and “constitute a
nuisance.”
94. The presence of phosphorus is the critical variable causing the formation and dura-
tion of these harmful algal blooms in western Lake Erie.
95. The Maumee River is the chief source of the phosphorus in western Lake Erie.
96. Campbell Soup is one of the largest NPDES-permitted sources of phosphorus in
the Maumee River.
97. Campbell Soup’s discharge of phosphorus to the Maumee River thus is “conducive
to the growth” of the harmful algal blooms.
98. As set forth in the Notice Letter, Campbell Soup violated the narrative prohibition
against discharges of substances in amounts conducive to the formation of harmful algal blooms
by contributing to algal blooms occurring over the course of the following time periods:
2018: the last week of June through the first week of October;
2019: mid-July through the first week of October;
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2020: the last week of July through the first week of September;
2021: the last week of July through the last week of October;
2022: the second week of July through the second week of September.
This constitutes a total of 428 days of violation.
dressed the cause(s) of these violations of this narrative standard, these violations will continue
after the filing of this Complaint. Since the service of the Notice Letter, another large algal bloom
formed in western Lake Erie in 2023. It began in early July, was fully developed by mid-July,
reached its peak from mid-August through early September, and continued until mid-October. This
constitutes 92 days of violation. This action addresses all such violations occurring after those
listed in the Notice Letter.
THE POLLUTANTS DISCHARGED BY CAMPBELL SOUP ARE HARMFUL
100. The segment of the Maumee River directly downstream from the Campbell Soup
Facility’s discharges has been classified by the State of Ohio as an impaired waterway pursuant to
section 304(l) of the Clean Water Act, 33 U.S.C. § 1314(l). The Ohio EPA’s 2022 Integrated Report
finds that this segment of the Maumee is not meeting water quality criteria for E. coli, nitrates,
nutrient/eutrophication, algae, and PCBs.1 Any discharge of excess pollution to an impaired wa-
terway is a matter of concern, and Campbell Soup’s violations are of a type that contributes to the
water quality degradation in the Maumee.
101. Carbonaceous biochemical oxygen demand is a measure of the extent to which
wastewater removes dissolved oxygen from the receiving waters. Excessive CBOD discharges
can contribute to anoxic conditions, and can also contribute to eutrophication, exacerbate the ef-
fects of algal formation, and contribute to the toxicity of the algae.
1
https://epa.ohio.gov/divisions-and-offices/surface-water/reports-data/ohio-integrated-water-quality-monitoring-
and-assessment-report
21
102. The maintenance of adequate dissolved oxygen levels is critical to the health and
survival of a wide variety of aquatic organisms. Discharges of wastewater with low DO levels,
like discharges of high CBOD wastewater, can cause reduced oxygen levels in the receiving wa-
ters, and can contribute to anoxic conditions.2
103. E. coli bacteria can be harmful to human health and to the health of aquatic organ-
isms and pose a danger to those who swim or otherwise recreate in a waterway with high E. coli
levels.3 Campbell Soup’s E. coli violations contribute to the conditions that have caused this seg-
ment of the Maumee to be designated as impaired by the presence of bacteria.
104. Phosphorus and nitrogen are nutrients that can contribute to harmful algae growth,
eutrophication, and unsightly and toxic conditions that pose a threat to human health and aquatic
life.4 In the Maumee River and western Lake Erie, eutrophication and seasonal harmful algal
blooms are commonplace, and it is generally agreed by scientists that, for these waterways, the
incidence and severity of these conditions depends primarily on the levels of phosphorus entering
them. Campbell Soup’s phosphorus and nitrogen violations contribute to the conditions that have
caused this segment of the Maumee to be impaired from eutrophication. Campbell Soup’s phos-
phorus violations contribute to the formation of harmful algal blooms in western Lake Erie.
105. The discharge of suspended solids can contribute to the turbidity of the receiving
waters, can block the infiltration of sunlight, can contribute to anoxic conditions, and can affect
the temperature of the receiving waters. Turbidity is an issue in the Maumee River, as evidenced
by the fact that the river has long been nicknamed “the Muddy Maumee.”
2
https://archive.epa.gov/water/archive/web/ html/vms52.html
3
https://www.epa.gov/system/files/documents/2021-07/parameter-factsheet_e.-coli.pdf
4
https://www.epa.gov/nutrientpollution/effects-dead-zones-and-harmful-algal-blooms#:~:text=Excess%20nitro-
gen%20and%20phosphorus%20cause,in%20the%20water%20is%20consumed
22
106. High levels of oil and grease can contribute to film on the surface and along the
shores of receiving waters, can harm aquatic life by coating or otherwise impairing the functioning
of membranes or tissue, and can harm human health if ingested.5
PLAINTIFFS’ MEMBERS ARE HARMED BY CAMPBELL SOUP’S VIOLATIONS
107. The Facility abuts the Maumee River mainstem segment between Tiffin River and
Beaver Creek, approximately 43 miles upstream of Lake Erie. Numerous campgrounds, water
access points, and nature preserves are located along the Maumee River within several miles down-
stream of the Facility. This includes the Rotary River Nature Preserve approximately four miles
downstream of the Facility, and the Laskey Family Nature Preserve approximately 11 miles down-
stream.
108. Common recreational activities on or near the Maumee River include kayaking,
canoeing, motorboating, swimming, fishing, camping, and hiking. The approximately 13-mile
segment of the Maumee River stretching from the Facility downstream to the Providence Dam at
Mary Jane Thurston State Park experiences particularly heavy recreational use. In summer
months, members of the public frequently water ski and go wakeboarding and tubing throughout
this stretch of river, and they anchor boats together at sandbars to allow for group swimming and
sunbathing.
109. Plaintiffs Environment Ohio and Lake Erie Waterkeeper have members who live,
own homes, or recreate in, on, or near the Maumee River downstream of the Facility, as well as
in, on, or near the shores of western Lake Erie.
110. Plaintiffs’ members consider the Maumee River and Lake Erie to be important re-
sources and aesthetically significant fixtures of the area in which they live, and they want them to
be as clean, healthy, and vibrant as possible.
5
https://u.osu.edu/lewandowski.52/2016/06/27/1072/
23
111. Plaintiffs’ members want the Maumee River and western Lake Erie to be subjected
to as little pollution as possible, and their enjoyment of these waterways is diminished by their
knowledge of the pollution of these water resources.
112. Plaintiffs have members who devote personal and professional time to improving
the water quality of the Maumee River and Lake Erie, and these efforts are adversely affected by
Campbell Soup’s violations of its NPDES permit.
113. Tony Sziglaye is a resident of Rothsford, Ohio. He is a member of both Environ-
ment Ohio and Lake Erie Waterkeeper and is a member of the board of directors of Lake Erie
Waterkeeper. Mr. Sziglaye lives less than a mile from the Maumee River and regularly hikes and
bikes along the river’s shores upstream and downstream of his home. Mr. Sziglaye kayaks in the
heavily used recreational segment of the Maumee River immediately downstream of the Facility
near Providence Dam. He frequently picnics along the Maumee River and relies on it as a source
of relaxation and calm. The pollution of the river makes these activities less enjoyable than they
otherwise would be. Mr. Sziglaye also has an aesthetic and recreational interest in western Lake
Erie and is bothered by the excess algae growths that occur there.
114. Sandy Bihn is a resident of Oregon, Ohio. She is a member of both Environment
Ohio and Lake Erie Waterkeeper and serves as the executive director for Lake Erie Water-
keeper. Ms. Bihn seeks to have fishable, swimmable, drinkable water for the entire Lake Erie
watershed, and has worked in her personal and professional capacity to establish a healthy sturgeon
population in the Maumee River. The pollution of the river, including excess nutrient pollution,
threatens the accomplishment of these goals and adversely affects her aesthetic and recreational
enjoyment of the river and the surrounding watershed. Ms. Bihn also has a longstanding aesthetic
and recreational interest in western Lake Erie. In her position at Lake Erie Waterkeeper, she has
worked for years to restore and preserve the health and beauty of that waterbody. The excess algae
24
growths that occur there adversely affect her enjoyment of Lake Erie and her efforts to restore and
preserve Lake Erie for both aquatic organisms and people who want to use the lake.
115. The frequency with which these and other members of the Plaintiffs participate in
recreational activities in and around the Maumee River and Lake Erie, and their enjoyment of those
activities, are both reduced by their knowledge of the Facility’s pollutant discharge violations and
by the effects that the Facility’s discharges have on the river and lake.
116. Plaintiffs’ members are concerned that Campbell Soup’s Clean Water Act violations
pose a threat to public health and to aquatic life and wildlife in and around the Maumee River. In
particular, Plaintiffs have members who avoid the water in the Maumee River and Lake Erie due
to concerns of health-related impacts associated with bacteria and algal blooms.
117. Plaintiffs’ members want to preserve the aquatic life and wildlife in, on, and near
the Maumee River and in Lake Erie to the greatest extent possible, and for this reason want as little
pollution in the river and lake as possible.
118. The ongoing actual and threatened harm to Plaintiffs’ members would be redressed
by an injunction, civil penalty, or other relief that prevents or deters further violations of the Facil-
ity’s Permit and/or that remediates the harm caused to the Maumee River, Lake Erie, or their wa-
tersheds by Campbell Soup’s violations.
25
RELIEF REQUESTED
Plaintiffs request that this Court:
a. Declare Defendant Campbell Soup to have violated and to be in continuing viola-
tion of the Clean Water Act and the Facility’s NPDES permit by committing (i) each
of the violations described above in Counts I through VIII, (ii) any additional vio-
lations of the same type that occurred before the filing of this Complaint, and (iii)
all additional violations of the same type that occur after the filing of this Com-
plaint;
b. Determine the number of days of violation committed by Defendant under each
Count;
c. Order Defendant to comply with the requirements of the Clean Water Act and the
Facility’s NPDES Permit that it has been violating, and to refrain from further vio-
lations of the effluent standards and limitations at issue in this action;
d. Order Defendant to implement measures to remedy, mitigate, or offset the harm to
the environment caused by the violations alleged above;
e. Assess an appropriate civil penalty against Defendant for each day of violation of
the Clean Water Act and the Facility’s NPDES Permit, as provided by 33 U.S.C.
§§ 1319(d) & 1365(a) and 40 C.F.R. § 19.4, which impose a penalty of up to a
maximum of $64,618 per day;
f. Award Plaintiffs their costs of litigation (including reasonable attorney and expert
witness fees), as provided by 33 U.S.C. § 1365(d); and
g. Order such other relief as the Court deems appropriate.
26
Dated: March 20, 2024 ATTORNEYS FOR PLAINTIFF:
/s/ Christos N. Georgalis

Christos N. Georgalis (OH: 0079433)
Flannery | Georgalis, LLC
1375 E. 9th Street, 30th Floor
Cleveland, OH 44114
(216) 367-2095 (phone)
[email protected]
Matthew L. Jalandoni (OH: 0087074)

Flannery | Georgalis, LLC
175 S. 3rd Street, Suite 1060
Columbus, OH 43215
(380) 444-6027 (phone)
[email protected]
/s/ Charles C. Caldart

Charles C. Caldart
Joshua R. Kratka
Pro hac vice motions to be filed
National Environmental Law Center
294 Washington Street, Suite 500
Boston, MA 02108
(617) 747-4304 (phone)
[email protected]
[email protected]
27
Case: 3:24-cv-00515 Doc #: 1-1 Filed: 03/20/24 1 of 18. PageID #: 28
Exhibit 1
Charles C. Caldart
Senior Attorney
617.422.0880
[email protected]
July 13, 2023
VIA CERTIFIED MAIL

RETURN RECEIPT REQUESTED
Facility Manager, Napoleon Plant

Campbell Soup Supply Company L.L.C.
12-773 State Route 110
Napoleon, OH 43545
Certified Mail # 9589 0710 5270 0506 2929 99
RE: Notice of Clean Water Act Violations
Dear Facility Manager:
I write on behalf of Environment America, d/b/a Environment Ohio, and Lake Erie
Waterkeeper (collectively, “the Citizen Groups”) as well as their respective members. We
respectfully request the opportunity to meet with you within 45 days to discuss resolution of the
matters raised in this letter.
Publicly available information shows that Campbell Soup Supply Company L.L.C.
(“Campbell Soup”) discharges a variety of pollutants into the Maumee River and into unnamed
tributaries of the Maumee River from its heat process canned food facility and related operations
(“Campbell Facility”) located at 12-773 State Route 110 in Napoleon, Ohio, and that these
discharges are primarily from the Campbell Facility’s wastewater treatment plant and from the
Campbell Facility’s spray field overland flow treatment system. Based on this and other publicly
available information, the Citizen Groups believe that Campbell Soup’s operation of this Facility
has violated, and will continue to violate, the federal Clean Water Act and the company’s state-
issued wastewater discharge permit in the manner described in this notice. The Citizen Groups
further believe that these ongoing violations contribute to adverse effects in the Maumee River
and Lake Erie.
Dischargers of industrial wastewater must comply with permits issued under the National
Pollutant Discharge Elimination System (“NPDES”) of the Clean Water Act. In Ohio, NPDES is
administered by the Ohio Environmental Protection Agency (“Ohio EPA”). A NPDES
wastewater discharge permit limits specific characteristics of the effluent discharged from a
facility, and also imposes effluent monitoring requirements. The discharge of pollutants in
violation of a NPDES permit limitation is prohibited under Section 301(a) of the Clean Water
Act, 33 U.S.C. § 1311(a). The NPDES permit governing the Campbell Facility is Ohio EPA
Permit No. 2IH00021*KD (“Campbell Permit”).
294 Washington St. Suite 500 | Boston, MA 02108 | www.nelc.org

According to the Ohio EPA Fact Sheet for the Campbell Permit, the Campbell Facility
discharges an average of 5.12 million gallons of wastewater per day into the Maumee River from
its wastewater treatment plant, through a discharge point known as Outfall 001. The Campbell
Facility also discharges wastewater from its spray field overland flow treatment system to
unnamed tributaries of the Maumee River through Outfalls 006, 007, 008, and 009, at a
combined average flow rate of 1.53 million gallons per day.
According to publicly available information, including Campbell Soup’s discharge

monitoring reports and noncompliance notifications and the U.S. EPA ECHO website, the
Campbell Facility has repeatedly violated its NPDES permit limitations governing discharges
from Outfalls 001, 006, 007, 008, and 009, and has also repeatedly violated its NPDES permit
limits at the internal monitoring point designated as Outfall 099, which measures compliance
with federal effluent limitation guidelines for can-making wastewater. All of these violations of
the Campbell Permit are also violations of 33 U.S.C. § 1311(a). Publicly available information
indicates that Campbell Soup will continue to violate these permit conditions.
The Campbell Facility’s violations of numeric limits are listed in the attached tables, each
of which contains information regarding violations occurring during the period from January
2018 through April 2023, the latest month for which discharge information is publicly available.
Tables 1 through 6 list the dates during this period on which Campbell Soup violated its numeric
permit effluent limits at Outfall 001 for biochemical oxygen demand (“CBOD”), dissolved
oxygen (“DO”), E. coli bacteria, phosphorus, nitrogen (as ammonia, NH3), and total suspended
solids (“TSS”), respectively. Tables 2 and 4 also list the dates during this period on which
Campbell Soup violated its numeric permit effluent limits for DO and phosphorus, respectively,
at Outfalls 006, 007, 008, and 009. Table 6 also lists the dates during this period on which
Campbell Soup violated its numeric permit effluent limits for TSS at Outfalls 009 and 099.
Table 7 lists the dates during this period on which Campbell Soup violated its numeric permit
limits for oil and grease at Outfall 099. Each table provides a description of the applicable
effluent limits and the nature and date(s) of each violation.
In addition, the Campbell Facility’s discharges of phosphorus from Outfall 001 and
Outfalls 006-009 during the years 2018 through 2022 have contributed to algal blooms in the
Maumee River and Lake Erie during each of those years and have thus violated Section III(2)(E)
of the Campbell Permit, which prohibits the discharge of substances “in amounts that are
conducive to the growth of aquatic weeds or algae to the extent that such growths become
inimical to more desirable forms of aquatic life, or create conditions that are unsightly, or
constitute a nuisance in any other fashion.”
The dates of the Campbell Facility’s phosphorus discharges can be found in the
company’s records. Based on reports issued by the National Oceanic and Atmospheric
Administration and the National Center for Water Quality Research, the approximate dates of the
harmful algal blooms in western Lake Erie during those years – and thus, the dates on which
Section III(2)(E) was violated – were as follows:
2018: the last week of June through the first week of October;
2019: mid-July through the first week of October;

2020: the last week of July through the first week of September;
2021: the last week of July through the last week of October;
2022: the second week of July through the second week of September.
It is likely that phosphorus discharges from the Campbell Facility will continue to contribute to
harmful algal blooms in the Maumee River and Lake Erie in 2023 and future years.
This notice covers all violations of these permit limitations occurring within the five
years immediately preceding the date of this notice, and all violations of these permit limitations
occurring thereafter.
The Citizen Groups seek to improve the water quality of the Maumee River and Lake
Erie by securing Campbell Soup’s long-term compliance with applicable law, and would
welcome the opportunity to discuss this letter and the violations described herein. If you are
interested in discussing this matter, and/or if you believe any of the information in this letter or in
the attached tables is incorrect, please contact me by email at [email protected], by phone at
206-854-5481 (cell), or by letter at the address listed below.
Sincerely,
Charles C. Caldart
Senior Attorney
294 Washington Street, Suite 500
Boston, Massachusetts 02108
Addresses and telephone numbers of the Citizen Groups
Environment Ohio
1747 Olentangy River Rd. #1195
Columbus, OH 43212
614-460-8732
Lake Erie Waterkeeper

3900 N Summit St
Toledo, OH 43611
888-519-1142

cc: (by certified mail – return receipt requested)
CT Corporation System (registered agent for Campbell Soup Supply Company L.L.C.)
4400 Easton Commons Way, Suite 125
Columbus, OH 43219
Certified Mail # 9589 0710 5270 0506 2929 68
Michael S. Regan, Administrator

U.S. Environmental Protection Agency
Office of the Administrator, 1101A
1200 Pennsylvania Avenue, N.W.
Washington, D.C. 20460
Certified Mail # 9589 0710 5270 0506 2929 51
Debra Shore, Regional Administrator

US EPA Region 5 Administrator
77 W. Jackson Blvd
Chicago, IL 60604
Certified Mail # 9589 0710 5270 0506 2929 44
Anne M. Vogel, Director

Ohio Environmental Protection Agency
Director's Office
P.O. Box 1049
Columbus, OH 43216
Certified Mail # 9589 0710 5270 0506 2929 37

Table 1
Campbell NPDES Permit Violations (Outfall 001) - CBOD
January 2018 - April 2023
Date Limit Type Permitted Limit Reported Discharge Units Days of Violation Percentage of Permit Limit Source
2/28/2018 Monthly Average 25 29 mg/L 28 116.00% ECHO
3/7/2018 Daily Maximum 40 47 mg/L 1 117.50% DMR
8/31/2018 Daily Maximum 1520 1900 kg/d 1 125.00% ECHO
6/30/2020 Monthly Average 947 1100 kg/d 30 116.16% ECHO
1/31/2021 Daily Maximum 40 71 mg/L 1 177.50% ECHO

6/30/2021 Monthly Average 25 36.9 mg/L 30 147.60% ECHO
2/7/2022 Daily Maximum 40 44 mg/L 1 110.00% Non-Compliance Notification
7/31/2022 daily Maximum 1520 2000 kg/d 1 131.58% ECHO

1/20/2023 Daily Maximum 40 110.5 mg/L 1 276.25% DMR
Table 2
Campbell NPDES Permit Violations - Dissolved Oxygen
Date Outfall Limit Type Permitted Limit Reported Discharge Units Days of Violation Percentage Below Minimum Source
Outfall 001
8/31/2021 001 Daily Minimum 5 3 mg/L 1 40.00% ECHO
11/11/2021 001 Daily Minimum 5 4.1 mg/L 1 18.00% DMR
11/30/2021 001 Daily Minimum 5 0.2 mg/L 1 96.00% ECHO
3/23/2022 001 Daily Minimum 5 3 mg/L 1 40.00% Non-Compliance Notification
5/27/2022 001 Daily Minimum 5 3.5 mg/L 1 30.00% Non-Compliance Notification
Outfalls 006 - 009

Table 3
Campbell NPDES Permit Violations (Outfall 001) - E. Coli
6/7/2018 Weekly Geomn 284 383 #/100 ml 7 134.86% DMR
5/31/2021 Monthly Geomn 126 1405 #/100 ml 31 1115.08% ECHO
6/30/2021 Monthly Geomn 126 1426.9 #/100 ml 30 1132.46% ECHO
8/31/2021 Weekly Geomn 284 641.1 #/100 ml 7 225.74% ECHO
5/24/2022 Weekly Geomn 284 876 #/100 ml 7 308.45% Non-Compliance Notification
5/31/2022 Weekly Geomn 284 2420 #/100 ml 7 852.11% ECHO
Table 4
Campbell NPDES Permit Violations - Phosphorus
Date Outfall Limit Type Permitted Limit Reported Discharge Units Days of Violation Percentage of Permit Limit Source
Outfall 001
9/30/2018 001 Monthly Average 1 1.1 mg/L 30 110.00% ECHO
10/31/2018 001 Daily Maximum 1.5 1.6 mg/L 1 106.67% ECHO
5/26/2020 001 Daily Maximum 1.5 3.03 mg/L 1 202.00% DMR
5/31/2020 001 Daily Maximum 56.8 82.6 kg/d 1 145.42% ECHO
6/30/2020 001 Monthly Average 37.9 43.9 kg/d 30 115.83% ECHO
6/7/2022 001 Daily Maximum 1.5 2.79 mg/L 1 186.00% Non-Compliance Notification
Outfalls 006 - 009
9/30/2022 008 Monthly Average 2.56 3.2 kg/d 30 125.00% ECHO
Table 5
Campbell NPDES Permit Violations (Outfall 001) - Nitrogen (as ammonia, NH3)
1/3/2018 Daily Maximum 3.5 5.8 mg/L 1 165.71% DMR
9/30/2018 Monthly Average 1.6 2.81 mg/L 30 175.63% ECHO
9/30/2018 Daily Maximum 90.9 343 kg/d 1 377.34% ECHO
9/30/2018 Monthly Average 60.6 80.1 kg/d 30 132.18% ECHO
5/31/2020 Monthly Average 1.6 2 mg/L 1 125.00% ECHO
4/6/2021 Daily Maximum 3.5 6 mg/L 1 171.43% DMR
Table 6
Campbell NPDES Permit Violations - Total Suspended Solids
Date Outfall Limit Type Permitted Limit Reported Discharge Units Days of Violation Percentage of Permit Limit Source
Outfall 001
8/16/2018 001 Daily Maximum 45 50 mg/L 1 111.11% DMR
7/31/2019 001 Monthly Average 30 36 mg/L 31 120.00% ECHO
6/30/2020 001 Daily Maximum 1710 1800 kg/d 1 105.26% ECHO
1/31/2021 001 Monthly Average 1140 1200 kg/d 31 105.26% ECHO

3/17/2022 001 Daily Maximum 45 110 mg/L 1 244.44% Non-Compliance Notification
5/31/2022 001 Daily Maximum 45 58 mg/L 1 128.89% ECHO
3/2/2023 001 Daily Maximum 1710 2651 mg/L 1 155.03% DMR Loading
4/13/2023 001 Daily Maximum 1710 1932.7 kg/d 1 113.02% DMR Loading

4/27/2023 001 Daily Maximum 1710 2379.7 kg/d 1 139.16% DMR Loading
Outfall 009
Outfall 099
10/10/2019 099 Daily Maximum 10.51 38.78 kg/d 1 368.98% DMR Loading
10/31/2019 099 Monthly Average 5 39.6 kg/d 31 792.00% ECHO
11/11/2021 099 Daily Maximum 10.51 11.89 kg.d 1 113.13% DMR Loading
12/31/2021 099 Daily Maximum 10.51 36 kg/d 1 342.53% ECHO
Table 7
Campbell NPDES Permit Violations (Outfall 099) - Oil and Grease
10/10/2019 Daily Maximum 5.13 16.72 kg/d 1 325.93% DMR Loading
10/31/2019 Monthly Average 3.08 11 kg/d 31 357.14% ECHO
2/28/2022 Daily Maximum 5.13 7.9 kg/d 1 154.00% ECHO
1/31/2023 Monthly Average 3.08 13 kg/d 31 422.08% ECHO
Exhibit 2
11111 Complete items 1, 2, and 3.
1111 Print your name and address on the reverse

so that we can return the card to you.
11111 Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to: D. Is delivery address different from item 1?,
If YES, enter delivery address below: □ No
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Case: 3:24-cv-00515 Doc #: 1 Filed: 03/20/24 1 of 27.

UNITED STATES DISTRICT COURT

ENVIRONMENT AMERICA, D/B/A )

1. This is a citizen enforcement suit brought by two non-profit environmental organi-

Maumee River and Lake Erie.

known as the “citizen suit” provision.

3. Defendant Campbell Soup is an Ohio corporation operating a heat process and

canned food facility (“Facility”) located in Napoleon, Ohio.

Maumee River at levels that violate the CWA.

6. Plaintiffs intend this action to encompass post-Complaint violations of the types

NPDES PERMITTING AND CITIZEN ENFORCEMENT UNDER THE CWA

biological integrity of the Nation’s waters.” 33 U.S.C. § 1251(a).

and ultimate authority of the U.S. Environmental Protection Agency (“USEPA”).

allowable pollutants, and contains pollutant monitoring and reporting requirements.

violation of “an effluent standard or limitation.” 33 U.S.C. § 1365(a). By definition, “effluent

standard or limitation” includes any condition or requirement of an NPDES permit. 33 U.S.C.

§ 1365(a) & (d).

resulting discharge data available to the public. 33 U.S.C. § 1318.

CAMPBELL SOUP’S PERMIT AND DISCHARGE MONITORING REPORTS

under the penalty of perjury and are publicly available.

the compliance information reported in those DMRs.

ferred to subsequently herein as “Environment Ohio.”

defines “person” under the CWA to include “corporation.”

20. Environment Ohio has approximately 830 members in Ohio.

Maumee River specifically.

bacteria, TSS, and oil and grease.

Lake Erie Waterkeeper

members in Ohio, Michigan, Indiana, Pennsylvania, and Ontario, Canada.

which defines “person” under the CWA to include “corporation.”

Lake Erie watershed, which includes the Maumee River.

nearshore algal blooms.

coli bacteria, TSS, and oil and grease.

Campbell Soup Supply Company

32. Campbell Soup Supply Company L.L.C. is a for-profit corporation, incorporated in

Delaware and with its headquarters in Camden, New Jersey.

defines “person” under the CWA to include “corporation.”

35. Campbell Soup operates the Facility.

36. Campbell Soup owns the Facility.

pany, a publicly traded corporation incorporated in Camden, New Jersey.

lion for Fiscal Year 2022.

JURISDICTION, VENUE, AND NOTICE

§ 1365(a)(1) (the CWA citizen suit provision) and 28 U.S.C. § 1331.

cated within this District.

lations Campbell Soup has committed.

the Notice Letter:

receipt for Campbell Soup is attached as part of Exhibit 2.

for the Administrator is attached as part of Exhibit 2.

confirmation of delivery to the Director is attached as part of Exhibit 2.

33 U.S.C. § 1365(b)(1)(A) and 40 C.F.R. § 135.3.

Plaintiffs allege are being violated at the Facility.

forth in the Notice Letter.

approximately 406 acres of “spray fields.”

52. Wastewater generated by container operations and wastewater generated by offices

and restrooms is sent to the Facility’s wastewater treatment plant.

53. Wastewater generated in boiler house/refrigeration, vegetable washing/prep, blend-

sedimentation, disinfection, and dichlorination, before it is discharged from Outfall 001.

55. Outfall 001 is a “point source” as defined in 33 U.S.C. § 1362(14).

screening, microstraining, and spray irrigation.