DNREC accepting written public comment on agreement and proposed consent decree with Mountaire Farms of Delaware, Inc.
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.
DNREC, Mountaire Farms of Delaware, Inc. enter into agreements on violations at Mountaire poultry processing facilities
The Department of Natural Resources and Environmental Control signed an agreement with Mountaire Farms of Delaware, Inc. Dec. 13 to resolve spray irrigation and land application permit violations cited by DNREC in a Nov. 2, 2017 Notice of Violation (NOV). DNREC first took action against Mountaire for these violations via the filing of a complaint in Delaware Superior Court against Mountaire in June 2018. The complaint was stayed by Superior Court pending resolution of a parallel action in Federal Court. To formalize ongoing and required corrective actions resulting from the September 2017 wastewater treatment plan failure, DNREC and Mountaire have finalized an agreement based on the consent decree proposed in June 2018. The agreement includes three major components – mitigation, environmentally-beneficial offset, and an administrative penalty and costs. Mountaire is required to mitigate damage to the environment through short-term and long-term corrective measures. In the short term, Mountaire must continue the interim corrective measures required by DNREC that have been ongoing since October 2017. Mountaire must also make long-term system upgrades to the plant, including the requirement for environmental mitigation through the relocation of Mountaire’s production wells within the spray fields to establish a pump and treat system.
DNREC determines deluge water used to contain Croda, Inc.’s 2018 ethylene oxide release did not impact the environment
The Department of Natural Resources and Environmental Control has concluded that there was no increased risk to human health or safety from deluge water used to contain the Nov. 25, 2018 ethylene oxide (EO) release at Croda’s Atlas Point facility. DNREC’s conclusion was made from a soil and groundwater sampling report required of Croda by the Department as part of a settlement agreement with DNREC in the aftermath of the EO incident.
DNREC Secretary Shawn M. Garvin has announced the availability of grants under the Community Environmental Project Fund. The grant program, created by the general Assembly in 2004, enables DNREC to withhold 25 percent of all civil or administrative penalties collected by the Department as funds to benefit communities where civil or administrative violations occurred, and provides for the restoration of these affected communities.