NEWS FROM THE DELAWARE DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL

March 31, 2000
Vol. 30, No. 82

For more information contact Maria Taylor or Donald White, Information and Education, 302-739-4506.

DNREC and Perdue Farms Agree on Settlement

Department of Natural Resources and Environmental Control Secretary Nicholas A. DiPasquale today announced a negotiated settlement of violations stemming from a July 1999 Notice of Administrative Penalty Assessment and Order for $26,000 against Perdue Farms Incorporated, located in Milford, Delaware. 

The penalty resulted from Perdue building a replacement boiler without proper permitting for its construction. Perdue was in violation of Delaware’s air pollution regulations; however, the boiler was never operational until it was properly permitted and the public was never at risk.

In the settlement, Perdue agreed to pay $5,000 to the Department payable to the State of Delaware within 30 days.

In addition, the department approved a Supplemental Environmental Project (SEP) to be completed by Perdue at a cost of no less than $20,000.

The project is designed to reduce the volume of solid wastes related to chicken transport, loading, unloading and storage entering the storm water runoff at the Perdue Milford facility. The company has 120 days to complete the project.

The Department required that the project contain several elements. One  requirement is that Perdue must contact the Division of Water Resources, National Pollutant Discharge Elimination System (NPDES) Storm Water Program, prior to starting the SEP in order to obtain approval for a modification of the facility’s storm water plan.

Also to be included as part of the project, is construction of a 3,000 foot concrete pad in the eastern quadrant of the facility. In addition, Perdue must assure DNREC that it will regularly maintain and use an outdoors-vacuum system designed to remove chicken solids from the areas mentioned in the Order in order to minimize, at all times, any accumulation of waste material.

The settlement also calls for Perdue to be responsible for obtaining any additional permits necessary to the proper implementation of the SEP, in accordance with all applicable laws and regulatory requirements of the State.

Shortly after the Order was issued, Perdue applied for, and received the necessary permits for the SEP from the Division of Water Resources and has started construction.

 

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Document no. 40-01/00/03/50