Listen to this articleThe basics:
- Campbell’s division admitted to 5,400 Clean Water Act violations since 2018
- Lawsuit brought by EPA, Lake Erie Waterkeeper and Environment Ohio
- Violations tied to nutrient pollution and toxic algal blooms in Lake Erie
- Trial expected to determine civil penalties and corrective actions
A division of Camden-based The Campbell’s Co. admitted to violating the Clean Water Act at least 5,400 times between April 2018 and December 2024 at its canning factory in Ohio.
In a Sept. 15 filing in U.S. District Court for the Northern District of Ohio, Campbell Soup Supply Co. acknowledged its plant in Napoleon that sits along a major feeder river of Lake Erie exceeded the allowable limits under the site’s water discharge permit.
With Campbell’s agreeing not to contest claims set forth in a joint lawsuit by the U.S. Environmental Protection Agency, Lake Erie Waterkeeper and Environment Ohio, the stage has been set for a court to determine civil penalties and determine corrective actions.
Filed in March 2024, the complaint alleges repeated exceedances of effluent limits for phosphorus ammonia, E. coli, oil, grease, suspended solids and other pollutants.
The plaintiffs also allege the pollution from Campbell’s 2.4 million-square-foot facility in Napoleon has been a key contributor to western Lake Erie’s ongoing nutrient pollution and toxic algal blooms.
Situated along the Maumee River about 43 miles upstream from Lake Erie, the factory is considered the company’s largest soup plant. According to Campbell’s website, the site is responsible for more than two-thirds of Campbell’s beverage volume and over a third of soup volume in North America.
Home of a landmark
Along with renewable energy technologies, such as a solar field and city-size water treatment plant, the facility is home to a 33-foot-tall tomato soup can sculpture that has become a popular landmark.
In a statement to NJBIZ, a Campbell’s spokesperson said, “We have taken a number of steps to improve our operations and comply with environmental regulations. We have been part of the Napoleon community since 1938 and our goal is to reach a settlement that serves the interest of the environment and the community where our employees live and work.”
“Importantly, the facility has had minimal, if any, adverse effects on the Maumee River or Lake Erie,” the media rep added.
We have taken a number of steps to improve our operations and comply with environmental regulations.
– Campbell’s spokesperson
Besides noting that the exceedances have been publicly reported and acknowledged in previous filings of the case, Campbell’s pointed out the Napoleon plant is one of many permitted sites to discharge phosphorous into the river. It also said that all discharges at the factory are publicly self-reported and that, overall, the location is small percentage of those point sources.
Publicly available information from the Ohio Environmental Protection Agency shows the canning facility is not considered a major contributor to pollution in the Maumee Watershed. A fact sheet created by the Great Lakes Commission found that nonpoint sources such as agricultural fertilizers and soil sources contribute the majority of phosphorus into the river.
Nonetheless, Campbell’s said it remains “committed to minimizing the environmental impact from the Napoleon plant.”
Company cooperation
Commenting on the Sept. 15 stipulation, John Rumpler, director of Environment Ohio’s clean water program, said, “Campbell’s admission that it committed these violations will speed this case toward a trial that will decide what steps the company must take to curb its pollution and how large a civil penalty should be imposed. That’s great news for the people who live along the Maumee River and Lake Erie, who want prompt action on reducing sources of the toxic algae in their local waters.”
“We appreciate Campbell’s willingness to work cooperatively with us and the federal government to solve its compliance problems, rather than spending time and effort contesting clear-cut violations of the Clean Water Act,” he said.
We appreciate Campbell’s willingness to work cooperatively with us and the federal government to solve its compliance problems, rather than spending time and effort contesting clear-cut violations of the Clean Water Act.
– John Rumpler, director of Environment Ohio’s clean water program
Sandy Bihn of the Lake Erie Waterkeeper added, “Bringing an end to Campbell’s violations will help water quality in the river and Lake Erie, and demonstrates the power citizen enforcement suits have to drive meaningful environmental progress.”
Under the Clean Water Act, private citizens can bring enforcement actions directly against violators in federal court in order to seek civil penalties and court orders to stop violations and address environmental harm, according to Environment America.
The parties anticipate going to trial next year to determine the appropriate remedy for Campbell’s years of now-admitted violations, according to Environment Ohio and Lake Erie Waterkeeper.
