The Secretary of the Department of Natural Resources and Environmental Control (DNREC) has authorized a temporary emergency variance under 7 Del. C. § 6012 to Mountaire Farms of Delaware, Inc. providing relief from certain spray irrigation operational limitations set forth in State Permit No. 359191-06.

The temporary emergency variance, issued March 2, 2026, authorizes the use of lagoon freeboard as additional treated wastewater (effluent) storage and the discharge of treated effluent on a limited basis onto Mountaire’s spray fields during precipitation (i.e., wet weather) events and/or when saturated or frozen conditions exist subject to the conditions set forth in the variance.

Allowing Mountaire to utilize existing lagoon freeboard for effluent storage will help reduce the frequency of spray irrigation. Additionally, the high level of treatment of the effluent and the conditions outlined in the Department’s Temporary Emergency Variance Authorization will limit any potential impacts to the environment if Mountaire performs any wet weather spraying.

The Temporary Emergency Variance is effective for 60 days after issuance.

For questions regarding the Temporary Emergency Variance, please contact:

Commercial and Government Services Section
DNREC Div. of Water
89 Kings Highway, Dover, DE 19901
(302) 739-9948
Commercial_Government_LegalNotice@delaware.gov

Related Topics:  permitting and regulation, public notice, spray irrigation, temporary emergency variance, wastewater, water