DOVER (Feb. 3, 2020) – The Delaware Water Infrastructure Advisory Council will meet at 9 a.m., Wednesday, Feb. 19, at Delaware Technical Community College, Charles L. Terry Jr. Campus, 100 Campus Drive, Dover, DE 19904, Conference Room 400B, in the college’s Corporate Training Center.

More information about the meeting, including the agenda, can be found on the Statewide Meeting Calendar at https://publicmeetings.delaware.gov/Meeting/64307.

For more information about the Water Infrastructure Advisory Council, please visit: https://dnrec.alpha.delaware.gov/environmental-finance/water-infrastructure-advisory-council/

CONTACT: Beth Shockley, DNREC Public Affairs, 302-739-9902

Public comment period runs from Feb. 1 until close of business March 2 on agreement and proposed consent decree between DNREC and Mountaire Farms of Delaware, Inc. addressing violations at Mountaire’s Millsboro poultry processing facility

DOVER – On Dec.13, 2019, the Department of Natural Resources and Environmental Control (DNREC) entered into an Agreement and [Proposed] Consent Decree with Mountaire Farms of Delaware, Inc., to resolve spray irrigation and land application permit violations cited by DNREC in a Nov. 2, 2017 Notice of Violation (NOV).

On Feb. 1, 2020, DNREC will publish a Notice of Lodging of the Agreement and [Proposed] Consent Decree in the Delaware Register of Regulations, soliciting public written comments. The Notice of Lodging of the Agreement is outside of DNREC’s standard public notice process, and therefore, there will be no public hearing held regarding this matter. The Notice of Lodging states the following:

“The Department of Natural Resources and Environmental Control (“DNREC”) and Mountaire Farms of Delaware, Inc. (“MFODI”) have entered into an Agreement and [Proposed] Consent Decree (the “Agreement”) in the proceeding captioned State of Delaware Department of Natural Resources & Environmental Control v. Mountaire Farms of Delaware, Inc. Case No. 18-00838 MN, currently pending in the United States District Court for the District of Delaware. In accordance with the terms of the Agreement, notice is hereby given that the Agreement has been lodged with the United States District Court for the District of Delaware (the “Delaware District Court”).

“No action is required by the Delaware District Court at this time because the Agreement is subject to public written comment before it can be entered by the Delaware District Court as a Consent Decree.

“The Agreement resolves claims alleging violations of the Clean Water Act, the Resource Conservation and Recovery Act, and state law as described in the Agreement. In the Agreement, MFODI commits to: (i) pay a civil penalty; (ii) construct a major upgrade to its wastewater treatment plant (“WWTP”) at its Millsboro, Delaware facility; (iii) take and maintain various interim measures at its WWTP until such time as the upgrade is completed and operational in order to mitigate potential nitrate loading at its permitted spray irrigation fields; (iv) relocate its water supply wells at the facility to enable MFODI to extract and treat nitrate in groundwater as part of its WWTP operations and to maintain a measure of hydraulic control; and (v) provide options for an alternative water supply to nearby residents.

“Although the Agreement is currently effective as a contract between DNREC and MFODI, it will not become effective as a Consent Decree unless and until signed and entered by the Delaware District Court.

“DNREC will accept written comments only relating to the Agreement for 30 days from the date of publication of this General Notice. Individuals may submit written comments via email to DNRECHearingComments@delaware.gov, or via the United States Postal Service to Lisa Vest, Office of the Secretary, 89 Kings Highway, Dover, DE 19901. Written comments will be accepted until the close of business on Monday, March 2, 2020.

“The Agreement may be examined at the Clerk’s Office, United States District Court for the District of Delaware, 844 North King St, Unit 18, Wilmington, DE 19801-3570. In addition, the Agreement may be viewed on the DNREC website at http://www.dnrec.delaware.gov/Info/Documents/agreement-and-proposed-consent-decree-dnrec-and-mountaire-20191213.pdf.”

Media contact: Michael Globetti, DNREC Public Affairs, 302-739-9902

-End-

DOVER – Department of Natural Resources and Environmental Control staff were dispatched today to the Lewes wastewater treatment plant (WWTP) after Tidewater Utilities notified the Department that the facility was once again forced to bypass stages of its treatment and discharge partially-treated effluent into the Lewes-Rehoboth Canal late Wednesday evening. The bypass lasted two hours while Tidewater operators worked to find a solution for problems with new treatment membranes. By 11:45 p.m. Wednesday Tidewater was able to end the bypass and resume normal treatment of effluent at the wastewater treatment plant.

DNREC today monitored the WWTP’s operations and Tidewater Utilities’ continued efforts to mitigate recent system malfunctions at the plant. The Lewes WWTP discharged partially-treated effluent from Dec. 18-28, 2019 after a system malfunction caused contamination of the plant’s treatment membranes that filter flow. New membranes were installed Dec. 28, enabling full treatment to resume at that time, but Tidewater reported today that pressure build-up behind the new membranes required a bypass to avoid compromising their use. Tidewater, in consult with the membrane manufacturer, has instituted new operational protocols to minimize pressure build-up moving forward, with no further bypass events expected by plant operators. Tidewater also informed DNREC earlier today that an additional set of refurbished membranes are ready to be put back into service later today to help alleviate strain on the new treatment unit.

DNREC Secretary Shawn M. Garvin confirmed Monday that an environmental violation had occurred when the Lewes WWTP bypassed normal treatment operations between Dec. 18-28 because of the plant’s system malfunction, and that DNREC is currently gathering pertinent information before determining appropriate action. Department staff will continue to monitor the situation at the plant daily as Tidewater Utilities works toward maintaining consistent treatment of effluent without further system malfunctions.

Although the plant is currently back online and has resumed normal treatment of effluent, DNREC also encourages the public who depend on the Lewes WWTP plant to handle their wastewater to continue practicing water conservation while corrective measures continue at the plant.

-End-

DOVER – The Department of Natural Resources and Environmental Control was informed today by Tidewater Utilities, Inc. that the Lewes wastewater treatment plant was back online and had resumed normal treatment of effluent following a Dec. 18 system malfunction at the plant. Tidewater Utilities informed DNREC Saturday evening that treatment membranes contaminated during an automated backwashing process which caused the malfunction had been replaced, ending the plant’s system bypass operation that discharged partially-treated effluent for nine days into the Lewes-Rehoboth Canal and the lower Delaware Bay.

Installation today of the new and highly-effective treatment membranes by Tidewater Utilities enabled the Lewes WWTP to treat incoming flow as normal and discontinue bypass pumping. During the bypass operation, DNREC staff was onsite at the plant directing Tidewater Utilities’ sampling of the partially-treated effluent for bacteria levels and monitoring the sampling for possible health risks.

When the system malfunctioned and the bypass operation began, DNREC also ordered immediate closure of shellfish harvest areas in the lower Delaware Bay due to health concerns from partially-treated effluent. The closure of shellfish harvest areas will continue for a 21-day period from the time the bypass situation ended and Lewes wastewater treatment plant’s effluent met required discharge standards. The closure ordered by DNREC is based on US Food and Drug Administration (FDA) Guidelines under the National Shellfish Sanitation Program, and provides adequate public health protection for pathogens of concern, including viruses. The closure applies only to clams, oysters and mussels – crabs, conch and fish species are not affected.

Media contact: Michael Globetti, DNREC Public Affairs, 302-739-9902

-End-

DOVER – The Department of Natural Resources and Environmental Control today continued to monitor the Lewes wastewater treatment plant’s ongoing discharge of partially-treated effluent into the Lewes-Rehoboth Canal and the lower Delaware Bay due to a system malfunction at the plant that occurred Dec. 18. DNREC also continues to work with the facility and its owner, Tidewater Utilities, Inc., to help expedite the work of repairing the system currently operating on a bypass situation and restoring full treatment to the Lewes WTTP’s effluent discharge. The bypass operation began when membranes that normally provide a very high level of effluent treatment were contaminated during an automated backwashing process. The membranes must be replaced and other equipment repaired before the system can return to full treatment. Tidewater Utilities, Inc. has informed DNREC that new membranes have been procured and are expected to arrive at the plant by Dec. 27 for immediate installation, enabling the Lewes WWTP to treat incoming effluent flow as normal and to discontinue bypass pumping. Until then, at DNREC’s direction, Tidewater Utilities, Inc. continues to sample partially-treated effluent discharge for fecal bacteria count at locations after it leaves the plant.

-End-