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

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DOVER – The Department of Natural Resources and Environmental Control today filed a complaint in state Superior Court against Mountaire Farms of Delaware, Inc. that requests civil penalties for Mountaire’s violations of its spray and land application permits at its Millsboro facility. The complaint, which includes reimbursed costs for DNREC, calls for Mountaire to make short-term corrective measures, long-term system upgrades at the plant, along with environmental mitigation, and for Mountaire to provide an alternative water supply to nearby residents. The complaint also requests that the Superior Court approve a consent decree that redresses those permit violations through monetary penalties and mitigation measures that abate the total nitrogen amount sprayed above permit limits by Mountaire’s Millsboro facility. DNREC has also filed a complaint in the United States District Court for the District of Delaware, raising claims that Mountaire has violated the Clean Water Act and the Resource Conversation and Recovery Act.

On Sept. 5, 2017, Mountaire reported to DNREC that the Millsboro wastewater treatment facility was in failure due to a build-up of solids throughout the plant, as well as a depletion of oxygen in the plant’s aerobic operations, causing Mountaire’s wastewater to exceed the effluent limits of their spray permit. Mountaire undertook interim action to reduce the solids from spray effluent and disinfect effluent prior to its application on the spray fields. In November 2017, Mountaire submitted a corrective action work plan setting forth interim measures and proposed long-term measures for permit compliance.

On Nov. 2, 2017, DNREC issued a Notice of Violation (NOV) identifying a total of 17 categories of permit violations, including 13 categories of spray permit violations, and four categories of land application permit violations. On Dec. 22, 2017, DNREC supplemented the NOV requiring additional corrective actions by Mountaire for violations of both permits. Subsequent interim measures by Mountaire resulted in significant improvements in the quality of the effluent from the wastewater treatment plant. Full permit compliance is not expected to be consistently achieved until Mountaire completes a planned long-term wastewater treatment plant upgrade.

The consent decree, which was submitted for approval in Delaware Superior Court, requires Mountaire Farms to pay a civil penalty of $600,000 and to reimburse the Department $25,000 for expenses incurred during the Department’s investigation.

The consent decree also requires Mountaire to implement a beneficial environmental offset project that will reduce the penalty by 30 percent to $420,000 by offering an alternative water supply to nearby residents. Mountaire is required by the decree to seek to make available an alternative water supply through a central water supply company that meets safe drinking water standards. If unable to obtain necessary approvals from the Delaware Public Service Commission and other government agencies, Mountaire must provide deep drinking water wells to the residential property owners.

In addition, Mountaire is required to implement, or to complete, in a timely manner interim measures designed to improve functionality of the company’s wastewater treatment plant, implement long-term corrective measures to return the wastewater treatment plant to full compliance with the current or future spray permit and land application permits, and provide environmental mitigation at a ratio of 2:1 for the quantity of total nitrogen sprayed on fields in excess of its permit limit. Mountaire also must submit to third-party monitoring of all remedial measures, according to the consent decree.

Mountaire will begin environmental mitigation upon completion of the wastewater treatment plant upgrades. Mitigation involves relocating Mountaire’s shallow production wells to spray fields where elevated levels of nitrates occur in the groundwater, using this well water for processing within the plant, treating the water at the upgraded treatment plant, and finally applying the water to the spray fields in accordance with spray permit requirements to achieve a net reduction of nitrates in the groundwater. The relocated production wells will allow for hydraulic control of groundwater – a “pump and treat” system – beneath the spray fields to assist in capture and treatment of nitrates that may move from potential onsite or offsite sources even after the 2:1 mitigation is complete.

The consent decree can be found on the DNREC website at http://www.dnrec.delaware.gov/Info/Pages/SecOrders_Enforcement.aspx.

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

Vol. 48, No. 143

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