State of Vermont
Agency of Natural Resources
Department of Environmental Conservation
Compliance & Enforcement Division
Press Release

March 30, 2010
Via Cheese, LLC

WATERBURY - The Department of Environmental Conservation’s Compliance and Enforcement Division today announced that it has formally settled environmental violations involving Via Cheese, LLC. The company is engaged in cheese production, with its principal place of business located in Swanton, Vermont. The settlement includes a $10,000 penalty.

Through the Agency’s investigation, it was discovered that Via Cheese, LLC discharged approximately 18 loads of waste whey and process waste water into a manure pit in Alburg. Discharge, record keeping, and reporting for these materials is governed by an Agency-issued indirect discharge permit. This discharge location was not authorized by its indirect discharge permit. Additionally, it inaccurately reported to the Agency in March and April 2009 that it did not discharge any waste during those months. The company also failed to submit monthly reports from May through December 2009 and did not maintain a bound daily wastewater disposal journal for 2009 as required by its permit.

The matter came to light as a result of a citizen complaint that was investigated by Environmental Enforcement Officer Ted Cantwell. After his investigation was completed, Via Cheese, LLC was notified of the violations and agreed to settle the matter. It subsequently began recording its disposal activities.

The settlement was reduced to an Assurance of Discontinuance and was so ordered by the Environmental Court. In it, Via Cheese, LLC agreed to submit outstanding monthly reports, maintain the bound daily journal, provide training on its indirect discharge permit to employees and contract waste haulers, analyze and properly dispose of waste materials, and comply with its indirect discharge permit and any subsequent permit or amended permit. It was also agreed that it will pay a civil penalty of $10,000 to the State of Vermont for the violations.

Involved EEO: Ted Cantwell

Involved Program: Wastewater Management Division of the Department of Environmental Conservation
For Further Information please contact:
Attorney John Zaikowski at 802-241-3820 or email to