ANNAPOLIS, Md. — A Maryland court has mandated tighter pollution controls at an Eastern Shore poultry rendering facility following a judge’s ruling that sided with environmental groups. The Dorchester County Circuit Court concluded that the state’s previously issued discharge permit for Valley Proteins did not adequately protect local water bodies. This ruling requires the Maryland Department of the Environment (MDE) to revise the permit to impose stricter regulations and ensure better water quality in the Chesapeake Bay watershed.
The plant, which converts poultry byproduct into pet food, sits along the Transquaking River, a tributary of the Nanticoke River. Environmental organizations, including the Chesapeake Bay Foundation and ShoreRivers, pursued legal action challenging the permit issued in early 2023. These groups argued that the permit failed to restrict the facility’s impact adequately, especially given that its discharge could potentially increase from 150,000 to 575,000 gallons per day under certain conditions.
The court’s decision comes after substantial evidence showed worsening conditions in the connected Higgins Millpond, where the plant’s effluent is released. The pond has experienced several environmental issues such as fish kills and persistent algal blooms, exacerbated by the facility’s discharge. Notably, a warning sign advises against contact with the water, underscoring the severity of the pollution.
Judge William H. Jones criticized MDE for inadequate enforcement and assessment, marking a significant victory for the complainants demanding stricter oversight. The decision effectively rolls back the allowable increase in discharged volumes and presses for improved water treatment measures that enhance fish-sustaining oxygen levels in the wastewater before it is released.
Adding to the controversy, data from 2007 to 2020 indicated that the plant’s outputs of nitrogen and phosphorus, critical elements in aquatic health, were likely to rise under the new permit, contrary to legal standards that aim to protect water quality. The judge’s finding that the pollution controls on these nutrients were insufficient is pivotal, as these elements are major contributors to algae blooms and aquatic dead zones.
While the court supported imposing stricter discharge limits, it did not address the transportation and land usage of semi-solid poultry offal from the plant, leaving some issues unresolved. Nevertheless, new state regulations this year began overseeing the land application of industrial waste, including substances from the rendering process used as agricultural fertilizer, which has been a point of contention in the community due to resultant odors.
In response to the ruling, environmental groups expressed hope for revitalized efforts to safeguard local waterways and enhance the ecological health of the region. Dorchester Citizens for Planned Growth has been particularly active, with members regularly monitoring water quality and advocating for stringent regulations.
As the Maryland Department of the Environment reviews the court’s criticisms, the plant’s owner, Texas-based Darling Ingredients Inc., suggested potential legal actions to contest the ruling. The company, processing millions of pounds of chicken byproducts daily, had previously settled a lawsuit in 2022 for over half a million dollars aimed at remedying similar pollution violations.
This case underscores a broader challenge in balancing industrial agriculture practices with environmental sustainability, a recurring issue in regions like the Chesapeake Bay watershed. The community and environmental advocates are gearing up for a continued dialogue on regulatory practices to ensure a healthier ecosystem for future generations.
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