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 – 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.

By way of an environmentally-beneficial offset, the agreement with DNREC requires Mountaire to offer nearby residents options for an alternative water supply, meaning an option for a whole-house filtration system in addition to the public water supply and deeper well provisions of the earlier consent decree. The agreement also requires Mountaire to pay an administrative civil penalty of $600,000 for violations of its spray and land application permits, and to reimburse the Department $25,000 for expenses incurred during the Department’s investigation. In consideration of the environmentally-beneficial offset, the Department will reduce Mountaire’s penalty by 30 percent to $420,000.

The agreement updates the consent decree by including more specificity concerning reporting requirements; adding the whole-house filtration option as an alternative water supply; requiring more specificity on tracking and reporting of mitigation efforts; and clarifying mitigation goals, including that Mountaire’s pump and treat system will be maintained as a permanent part of the facility upgrade. The agreement became effective when it was executed on Friday, Dec. 13, but DNREC will request the agreement be entered by the Federal Court as a consent decree, and that, once entered, the Court will have immediate jurisdiction to oversee and enforce the agreement.

In addition to formalizing an agreement with Mountaire regarding the 2017 violations, DNREC and Mountaire also entered into a conciliatory agreement to address unresolved violations at Mountaire’s Selbyville facility, as well as other violations at the Millsboro facility not directly related to the 2017 wastewater treatment facility failure. Issues addressed via the conciliatory agreement include unauthorized discharges of pollutants from live-hold areas at the Selbyville and Millsboro facilities; an unauthorized release of partially treated wastewater effluent to ground surface at the Millsboro facility due to an equipment weld failure; and temporary sludge storage lagoon issues that include synthetic liner concerns and elevated ammonia levels noted in monitoring wells surrounding the temporary sludge storage lagoon at the Millsboro facility. The conciliatory agreement requires corrective actions and mitigation measures to prevent future violations and includes administrative and stipulated penalties.

As a condition of the conciliatory agreement, Mountaire is required to pay an administrative penalty in the amount of $230,000. Mountaire is able to offset up to $115,000 of the assessed administrative penalty by performing a wetlands restoration and/or enhancement project on the Indian River or on Swan Creek with Department approval. Both agreements referenced above can be found on the DNREC website at dnrec.alpha.delaware.gov/secretarys-orders/enforcement/.

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

-End-

DOVER – The Department of Natural Resources and Environmental Control (DNREC) 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.

The full report, prepared by an environmental consultant on Croda’s behalf and reviewed by DNREC’s Site Investigation & Restoration Section, can be found on the DNREC website. The DNREC-Croda settlement agreement requiring the report from Croda assessed a penalty of $230,000 to Croda for air, hazardous waste and water quality violations stemming from the EO incident, and additional steps to be completed by Croda before the EO plant can resume operations.

Data in the soil and groundwater report was based on the amount of deluge water that exceeded a containment sump at Croda’s facility in New Castle. Terms of the settlement agreement required soil and groundwater sampling by Croda to determine if EO-contaminated deluge water had impacted the area west of Croda’s EO production unit. EO was not detected in any of the soil or groundwater samples from Croda, according to the report.

Another compound associated with Croda’s operations, 1,4-dioxane, considered a contaminant, was detected in two soil samples, as well as the groundwater sample from the company. For the site’s intended manufacturing use, the reported concentrations of 1,4-dioxane in the groundwater samples do not pose an unacceptable risk to health and safety. The reported concentrations of 1,4-dioxane, the locations of detections noted during sampling, and past detections of 1,4-dioxane by DNREC at the site led the Department to conclude that there is a very low probability that last year’s EO release was the source of the 1,4-dioxane concentrations sampled. Based on the levels and location, no further action is required to address this portion of the site.

A DNREC letter to Croda reiterated that the Nov. 25, 2018 EO release does not change remedial actions already required by DNREC in addressing site contamination at the Atlas Point facility and that are ongoing as directed by the Department.

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

Vol. 49, No. 90

-End-

Public workshops set for Nov. 14 and 15 on CEPF grant process and environmental project funding program

DOVER – Department of Natural Resources and Environmental Control Secretary Shawn M. Garvin today announced the availability of Community Environmental Project Fund (CEPF) applications administered by the Department. The CEPF grant program was created in 2004 by House Bill 192, as legislation that enables DNREC to withhold 25 percent of all civil or administrative penalties collected by the Department as CEPF funds.

HB 192 requires that CEPF funds benefit communities where civil or administrative violations occurred, and provides for the restoration of these affected communities by funding environmental projects that:

• Reduce pollution.
• Enhance natural resources.
• Enhance natural resources for the purposes of creating recreational opportunities for the citizens of Delaware.

IRS tax-exempt organizations are eligible for CEPF grants of up to $20,000. Applications for the CEPF grants can be found on the DNREC website, or can be obtained by calling James Brunswick, DNREC community ombudsman, at 302-739-9040. The CEPF grant application deadline is Friday, Jan. 4, 2019 by DNREC’s close of business (4:30 p.m.)

DNREC will hold two public workshops Nov. 14 and 15 on the CEPF grant-funding program, scheduled as follows:

• New Castle County: Wednesday, Nov. 14, 7-7:30 p.m., at DNREC’s Lukens Drive offices (Conference Room A, 391 Lukens Drive, New Castle, DE 19720)
• Kent and Sussex Counties: Thursday, Nov. 15, 7-7:30 p.m. DNREC Auditorium, Richardson & Robbins Building, 89 Kings Highway, Dover DE 19901

Pre-registration is requested, but not required. Please email Lisa Myura or call 302-855-1915 to pre-register.

For an application form, and more information on the CEPF grant program, please visit the Community Environmental Project Fund web page.