The Administrative Order contained findings of fact. It also assessed civil penalties in the amount of $23,850 and ordered reimbursement of recovery costs of around $157,000.
Koch Foods appealed the findings on the civil penalties and recovery costs on January 8. The appeal will be heard by the full City Council, but apparently no date has been set.
On January 9, 2007, the City sent a letter to Koch with a Compliance Schedule demanding that certain samplings of TSS (solids) and FOG (fats, oils, and grease) be taken and recorded for 14 straight days beginning no later than January 22.
The City also requested that a comprehensive report and analysis of the samplings be provided no later than February 26, 2007, along with a plan of action that includes "...a timeframe, [and] details [of] all necessary process changes,...to eliminate bulk sludge and nuisance odors."
The letter goes on to state that until
Koch successfully, and continually, provides adequate pretreatment measures to eliminate bulk sludge and nuisance odors within the collection system, the City...shall...take protective measures to ensure continued compliance with the City's NPDES permit, as well as to minimize and/or eliminate nuisance odors....
The City adds that it reserves the right to recover additional costs that it incurs as a result of Koch's continued noncompliance with Compliance Order 05-002.