DEC orders Great Lakes Cheese to pay $475K in penalties

BUFFALO, N.Y. (WIVB) — The New York State Department of Environmental Conservation has issued $475,000 in penalties to Great Lakes Cheese following a massive fish kill at Ischua Creek in late August, it announced Monday.

The DEC had previously said that laboratory results suggested that water collected from the creek downstream of the Franklinville facility in late August had “levels of nitrite and ammonia in the water that are toxic to fish and other aquatic life.” As part of the order, the DEC is requiring “significant operational changes and full compliance with water quality, air quality, and chemical and petroleum requirements.”

“Great Lakes Cheese violated the environmental laws and permits in place to protect the region’s precious natural resources and under Governor Kathy Hochul’s direction, DEC took quick and decisive action to hold the company accountable,” DEC Commissioner Amanda Lefton said in a statement. “DEC’s enforcement action not only secures a large fine but also requires a project that will benefit environmental quality in the community and help it heal from the significant loss of tens of thousands of fish and other aquatic species.”

Under the order, $250,000 will be paid to the DEC and $150,000 will go toward an environmental benefit project. The DEC said it also plans on pursuing a “natural resources damage” claim against the company to “ensure restoration of the impacted section of Ischua Creek.”

“The Order requires Great Lakes Cheese to complete extensive corrective actions to address violations, including detailed in-stream monitoring at the facility’s wastewater treatment plant operations; modifications to the wastewater treatment plant; implementation of plans to timely detect plant upsets to prevent a recurrence of the August 2025 discharge; actions to abate hydrogen sulfide exceedances from reoccurring; and the hiring of independent third parties approved by DEC to further ensure compliance with the terms of the Order,” the DEC said.

News 4 Investigates previously found that records show this was not the first time the company has had pollution issues in the creek. The DEC has said that there was no indication of any impacts to drinking water in the area.

In a statement, Great Lakes Cheese said: “Great Lakes Cheese realizes that the impacts on Ischua Creek created significant concerns across the community, including among our neighbors, customers and our hard-working Franklinville employee-owners. We apologize to everyone affected. As a result of our agreement with the New York State Department of Environmental Conservation, we will soon begin the process of re-starting our discharge under a controlled process. We will be doing so in compliance with all state and federal regulatory requirements.

“Thanks to our close collaboration with the DEC throughout the last several weeks, we are pleased to be moving forward in a positive direction. We recognize the need to work every day to earn the trust of our stakeholders and community.”