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Environmentalists sue Emmpak over waste

By MARIE ROHDE
mrohde@journalsentinel.com

Posted: Oct. 14, 2004

Grease, oil and animal parts from Emmpak Foods Inc. clogged a local sewer and has contributed to sewage being dumped in the Menomonee River, a lawyer for a local environmentalist group claimed Thursday.

Mark Klein, the Minneapolis-based communications director for Emmpak's parent company, denied the allegations and said his firm hoped to work out a settlement with the environmentalists - the Sierra Club and Midwest Environmental Advocates - that filed a federal lawsuit this week alleging that local officials had not diligently enforced the federal Clean Water Act.

"In 2001 there was a partial blockage of the sewer, and it was cleaned out but not because it caused an overflow situation," Klein said. "It seems odd that they would blame later overflows on us."

Jodi Habush Sinykin, a lawyer for the environmentalists, said the Sierra Club was pleased that Emmpak had installed equipment to capture the grease at its plant at 1915 W. Canal St. but noted that it had not done so until last Friday, just days before she filed the lawsuit seeking damages that could exceed $2 million.

Milwaukee Metropolitan Sewerage District officials said the district is not required to monitor the effluent from meatpacking firms unless problems are detected. In May 2000, a nearly 50% blockage of a large sewer just east of the firm was discovered. Since then, monitoring has been conducted twice weekly, and Emmpak was required to pay $30,000 for a major cleaning of the sewer line.

In 2001, Emmpak was purchased by the Excel Corp., the nation's third-largest meatpacking business. Excel is a subsidiary of Cargill Food Solutions Inc.

In August, the environmentalists filed notice with Emmpak that they intended to file the lawsuit. Federal law required them to wait 60 days before filing.

"We're disappointed in the filing of the suit because we have taken the steps to be in compliance," Klein said.

Sinykin said the sewerage district could have acted more quickly.

But the district's Pete Topczewski said federal rules prevent it from suing unless violations cause immediate harm.

"The Sierra Club has an easier burden when it goes to court," Topczewski said.