Ischua Creek recovery — DEC issues $475K fine

Submitted Photo Spring trout stocking includes 1.8 million brown trout across New York State, more than 4,000 were stocked in Ischua Creek where a large fish kill was observed in late August.
The fish and wildlife of Ischua Creek have little chance of survival when the waters that sustain their lives are contaminated by operations that exceed the levels allowed by inadequate efforts, resulting in a commercial operation that brings jobs and a positive impact to the local economy. Failing to meet the rules and regulations, and bad things happen. Clean water means life. Fish can die. Wildlife can die. People become scared for their own lives. That’s what happened to Ischua Creek downstream of the Great Lakes Cheese discharge.
In short, the facility is required to pay $475,000 in penalties and take corrective actions related to its contaminated discharge into Ischua Creek. The facility is required to implement significant operational improvements with enhanced DEC monitoring. The penalty includes a $150,000 contribution to an environmental benefit project for the community in Franklinville, Cattaraugus County.
The August 2025 discharge there resulted in a fish and wildlife die-off in Ischua Creek. The enforcement requires significant operational changes and full compliance with water quality, air quality, and chemical and petroleum requirements, enhanced real-time water quality monitoring across multiple water quality monitoring stations (I counted 10 on a DEC-provided map) to protect Ischua Creek, and other actions further closely overseen by DEC to ensure effective implementation. This ongoing monitoring and enforcement will ensure the continued protection of Ischua Creek.
“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,” Commissioner Amanda Lefton said. ”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. I applaud DEC staff and our partners for the diligent chronicling of creek impacts, collaborating on requirements to bring operations into compliance and help local farmers, and continuing our stringent oversight of the facility.”
DEC’s comprehensive enforcement investigation directed by Governor Hochul into the August 2025 Ischua Creek fish, aquatic, and semi-aquatic wildlife die-off determined that impacts were caused by discharges from a catastrophic failure of the Great Lakes Cheese facility’s operations, warranting DEC enforcement. This investigation, which began immediately after the incident, involved a thorough examination of the facility’s operations and their impact on the environment, and it led to the enforcement action announced today.
DEC also intends to pursue a Natural Resources Damage claim against Great Lakes Cheese, as warranted, 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 the maximum hydrogen sulfide ceiling limit from reoccurring; and the hiring of independent third parties approved by DEC to further ensure compliance with the terms of the Order, timely reporting of sampling data, and evaluating the design and operation of the biogas collection and control system to ensure compliance with the company’s Air State Facility permit. Resumption of GLC’s wastewater treatment plant, expected imminently and under DEC oversight, is contingent on the discharge fully meeting the stringent SPDES permit limits and the interim limits set forth in the Order on Consent.
Before the August 2025 incident, DEC conducted multimedia inspections of the facility for compliance. Air, water, petroleum bulk storage, and chemical bulk storage violations resulted in four Notices of Violations (NOVs) issued by DEC to the company in June and July 2025. The NOVs cited non-compliance with the company’s Air State Facility and State Pollutant Discharge Elimination System (SPDES) permits. They also cited non-compliance with specific requirements for petroleum bulk storage (PBS) and chemical bulk storage (CBS). While the violations cited in June and July NOVs did not cause or contribute to any adverse impacts to the creek, it’s important to note that repeated violations can have long-term effects on the environment, which is why it’s crucial for companies to adhere to environmental regulations.
During the State’s investigation, DEC and the State Department of Health also thoroughly evaluated the potential impacts of the Great Lakes Cheese discharge on drinking water and found no adverse effects. DEC also collaborated with the State Departments of Agriculture and Markets, Labor, and Transportation to swiftly engage the facility and regional agricultural stakeholders, helping to protect the approximately 500 jobs at the facility and significantly minimize impacts to area farmers and other agricultural stakeholders, given the plant’s importance to the regional dairy industry.
DEC will continue to keep the public informed through updates and other information that will be posted at the Great Lakes Cheese Ischua Creek webpage https://dec.ny.gov/environmental-protection/facilities-in-your-neighborhood/great-lakes-cheese-ischua-creek).
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Outdoors Calendar
Oct. 11-13: NYS Youth Special Firearms Weekend Deer Season, for 12-15 yrs of age, select counties, see syllabus.
Oct. 11-Nov. 2: NYS Western Zone hunting season for ducks and coots. See syllabus. For bag limits/rules.
Oct. 18: NYS Southern Zone turkey hunting season opens, sunrise to sunset, season bag limit is 1 bird of either sex, ends Oct. 31.
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Nov. 8-9: NYS Western Zone waterfowl hunting military days, see syllabus for bag limits/rules.
Nov. 11: NYS Free Fishing Day, no license needed to fish for residents and non-residents.