Virtual Public Hearing: Mountaire Farms On-Site Wastewater Treatment and Disposal System

Date and Time:
Thursday, May 21, 2020
6:00 pm


, Delaware

The DNREC Groundwater Discharges Section will conduct a virtual public hearing (Docket #2020-P-W-0014) on the application and draft construction permit and associated modification and renewal draft permit for Mountaire Farms of Delaware, Inc.’s On-Site Wastewater Treatment and Disposal System. Public Comment Period Closed.

Connection Information

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Event Number: 716 374 068
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Construction Permit

Mountaire Farms of Delaware Inc. has applied for a State of Delaware Construction Permit for significant upgrades of the existing wastewater treatment facility at the Millsboro, Delaware poultry processing complex in order to provide enhanced wastewater effluent treatment capabilities.

The proposed upgrades will allow the wastewater treatment system to treat wastewater to a total nitrogen concentration of 10 mg/L or less.

The proposed wastewater treatment system upgrade project includes the installation of improvements to the activated sludge biological nitrogen removal (BNR) treatment system components. The project also includes the installation of a new tertiary sand filtration system for final effluent polishing and a new stormwater first flush/off-spec lagoon. A new screw press sludge dewatering system will be installed to increase waste activated sludge handling capacity.

The existing spray storage lagoon will continue to be used for final effluent storage prior to disposal in the existing spray irrigation fields. A new spray storage lagoon will be installed to expand the final effluent storage volume.

Spray Irrigation Permit

Mountaire Farms of Delaware Inc. has applied to modify and renew their State of Delaware Spray Irrigation Operations Permit for Mountaire’s wastewater treatment facility to receive and treat poultry processing wastewater, stormwater, and sanitary waste.

After the completion of construction upgrades, the wastewater treatment facility will discharge treated wastewater effluent with a total nitrogen concentration of 10 mg/L or less. The effluent will be spray irrigated onto approximately 893.63 acres.

Seven center pivot spray irrigation systems are located north of State Route #24 and are designated as WHBJ Systems Nos. 1, 2, 3, 4, 5, 6, and 7. In addition, six center pivot spray irrigation systems are located south of Route #24 and are designated as Center Block Systems Nos. 3, 3A, 3B, 3C, 3DE, and 3DW.

For additional information on the above matters contact John Rebar, Jr., Division of Water, Groundwater Discharges Section, 89 Kings Highway, Dover, DE, 19901; by phone at 302-739-9948; or, by email, at

Please note that live comments will not be accepted during the virtual hearing. Written comments may be submitted to the Hearing Officer via the online comment form at, via email to, or via USPS to the below address.

Docket #2020-P-W-0014

Public Hearing Officer

Lisa A. Vest
DNREC Office of the Secretary
89 Kings Highway
Dover, DE 19901

Transcript, Hearing Officer’s Report and Secretary’s Order

Public Hearing Transcript

Hearing Officer’s Report

Secretary’s Order No. 2021-W-0003 — Approving an On-Site Wastewater Treatment and Disposal System (€œOWTDS€) Construction Permit Application and OWTDS Operations Modification and Renewal Permit Application for Mountaire Farms of Delaware, Inc.’s Poultry Processing Complex located in Millsboro, Delaware (Effective Date: Jan. 11, 2021)

DNREC Exhibits

The proposed DNREC exhibits include materials previously posted on a detailed explanatory web page.

  1. Application for Spray Irrigation Construction Permit
    1. 2019 preliminary soils work
      1. 2019 10 31 Soil Infiltration Testing Final Summary Report.pdf
      2. 2019 12 16 Mountaire Dbl Rings Raw Data Attachment.pdf
      3. 2019 12 16 Mountaire Farms Dbl Ring Report Final.pdf
    2. February 2020 Application Submittal
      1. Application submittal cover letter dated February 7, 2020
      2. DNREC Application Form dated February 5, 2020
      3. Final Design Summary Report dated February 5, 2020
      4. Drawings dated revised February 5, 2020
        1. Part 1
        2. Part 2
        3. Part 3
        4. Part 4
        5. Part 5
        6. Part 6
      5. Technical Specification dated February 5, 2020
    3. April 2020 Application Submittal for revision
      1. Letter providing revised submittal dated April 24, 2020
      2. Final Design Summary Report dated April 24, 2020
      3. Process Flow Diagram dated April 24, 2020
      4. Index of Drawings annotating drawings requiring additional revisions provided April 24, 2020
    4. Email from Reid Engineering dated April 27, 2020 indicating which upgrades are needed to meet an effluent Total Nitrogen of 10 mg/L
  2. DNREC Enforcement documents relative to the proposed applications
    1. Notice of Violation issued to Mountaire dated November 2, 2017
    2. Agreement and Proposed Consent Decree dated December 13, 2019
  3. Modification and Renewal of the Spray Irrigation Operations Permit
    1. Letter requesting the modification of the existing Spray Irrigation Operations Permit (DEN Number 359191-04) to incorporate the proposed facility upgrades
  4. Previously permitted design documents that the permittee will continue to operate in accordance with until the construction of the proposed upgrades have been completed
    1. Design Development Report (DDR) titled 2011 and dated December 7, 2010
    2. Drawings dated November 15, 2011
    3. 2012 Operation and Maintenance Manual
      1. Part 1
      2. Part 2
      3. Part 3
  5. Draft Construction Permit
  6. Draft Operation Permit €“ Modification/Renewal
  7. Legal Notice of Public Hearing €“  As advertised in two statewide newspapers on April 29, 2020, and as posted on the DNREC web site
  8. Notice of Virtual Hearing posted on the State of DE Public Meeting Calendar €“ advertised April 29, 2020
  9. Public Hearing web page providing Webex meeting information and exhibits €“ (This page)
  10. DNREC Public Hearing Presentation €“ dated May 21, 2020

Applicant Exhibit and Comments

Mountaire Public Hearing Presentation €“ (05/21/20)

Applicant’s Comments €“ Draft Permits (06/18/20)

Brockstedt Comments (05/21/20)

Comment Letter from Chase Brockstedt, Esq. (With Attached Documents)
Exhibit A: S.S. Papadopulos & Associates, Inc.
Attachment A-2-1
Attachment A-2-2
Exhibit B: Verification of Gary Cuppels
Exhibit C: Verification of Christina Caliguire
Exhibit D: Center for the Inland Bays MOuntaire Report
Exhibit E: H&B Solutions, LLC
Exhibit F: Wastewater Experts, Inc.
Exhibit G: Letter to John Rebar

Public Comments

Ronald W. Schmoyer (May 24, 2020)

Kim Letke (June 5, 2020)

Lewis R Podolske (June 5, 2020)

Delaware Center for the Inland Bays (June 19, 2020)

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