notice

More documents

Recommendations

Info

and by discharging, depositing, dumping, spilling, leaking, or placing the materials on land or in water in a way that it may enter the environment. Cargill also disposes of construction waste and debris by dumping it on the banks of the North Fork and into the River itself, where it smothers aquatic habitat, endangers the health and safety of boaters, fishermen and swimmers, and impairs recreational, aesthetic and navigational uses. In sum, the poultry processing waste and construction waste and debris from Cargill is “solid waste” since it includes “discarded materials” placed in water or applied to land, and materials that are accumulated, “stored,” or “treated” before being “disposed”. Accordingly, by definition, Cargill engages in the management (treatment, storage, and disposal) of solid wastes. 1. Cargill Operates, and Has Operated, a Solid Waste Treatment, Disposal, or Storage Facility Without a SWMF Permit Regulations promulgated under the VWMA at 9 VAC 20-80-480.A. provide that no person shall construct, operate, or modify a solid waste management facility without a SWMF permit issued by the Director. The term “solid waste management facility” ("SWMF") is defined at 9 VAC 20-80-10 as “a site used for planned treating, storing, or disposing of solid waste. A facility may consist of several treatment, storage, or disposal units.” Cargill operates a SWMF by engaging in the disposal, treatment, and storage of solid wastes. Cargill does not have the SWMF permit required to lawfully operate such a facility in Timberville. a. Cargill Engages, and Has Engaged, in Disposal of Solid Waste Without a SWMF Permit Cargill engages in the disposal of solid waste without a SWMF permit from DEQ. This violates Va. Code § 10.1-1408.1.A. and 9 VAC 20-80-480 which prohibit the operation of a facility that engages in the disposal, treatment, and storage of solid waste without a solid waste facility management permit. Additionally, Cargill disposes of such waste on their own property through pump station overflows. Va. Code § 10.1-1408.1.I. provides that no person shall allow waste to be disposed of on his property without a SWMF permit. In the absence of such a permit, Cargill also violates Va. Code § 10.1-1408.1.A., which specifies that it is the duty of all persons to dispose of their solid waste in a legal manner. The term “disposal” is defined in Va. Code § 10.1-1400 as “the discharge, deposit, injection, dumping, spilling, leaking or placing of any solid waste into or on any land or water so that such solid waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including ground waters.” Cargill disposes of solid poultry processing wastes in several ways. First, it discharges, dumps, 24
spills, or leaks this waste from conveyance lines and pump stations onto land and into the waters of the North Fork. Second, Cargill places the solid and hazardous wastes into conveyance lines so that the poultry processing waste may enter the aquatic or terrestrial environment, or the ground water, through the NFMRR, or pursuant to direct discharges, leaks, dumps, or spills onto the land in the watershed. In addition, Cargill disposes of construction waste and debris by dumping such wastes on its land adjacent to the North Fork, and in the North Fork itself. b. Cargill Engages, and Has Engaged, in the Storage of Solid Waste without a SWMF Permit Cargill collects and stores poultry processing wastes before transporting them to the NFMRR for ultimate disposal into the North Fork of the Shenandoah River, or through land disposal. The storage practices are a component of the operation of a solid waste management facility, and thus violate the regulation at 9 VAC 20-80-480.A. that provides that no person shall construct, operate, or modify a solid waste management facility without a SWMF permit issued by the Director. 2. Cargill Engages, and Has Engaged, in the Open Dumping of Solid Waste On Its Property Cargill engages, and has engaged, in the open dumping of solid wastes on its property. The regulation at 9 VAC 20-80-10 defines “open dump” as “a site on which any solid waste is placed, discharged, deposited, injected, dumped or spilled so as to present a threat of a release of harmful substances into the environment or present a hazard to human health.” As indicated above, Cargill engages, and has engaged, in the management (treatment, storage, and disposal) of “solid waste”. To be involved in “open dumping” under Virginia law, solid waste must be “placed, discharged, deposited, injected, dumped or spilled” such that it presents the threat of a release of harmful substances into the environment or a hazard to human health. The wastes from Cargill meet the definition of “solid waste” since they include liquid, solid, and semi-solid material discarded each day from industrial operations at the poultry processing facility. Cargill each day places, discharges, deposits, dumps, spills, or disposes of solid and hazardous poultry processing waste in several ways. First, Cargill places the solid and hazardous wastes into conveyance lines with other water each day so that the poultry processing waste may enter the aquatic or terrestrial environment, or the ground water, through the NFMRR, or pursuant to direct discharges, leaks, dumps, or spills onto the land in the watershed. Second, Cargill discharges, dumps, spills, or leaks this waste from conveyance lines and pump stations onto land and into the waters of the North Fork. Since there is no permitted sanitary landfill or hazardous waste facility at Cargill for these wastes, the disposal of the solid wastes into the water (directly, or through placement in a conveyance to the NFMRR system, or to land and then leaching through to the groundwater) and onto the land, constitutes “open dumping,” by definition, in violation of the VWMA. 25
Page 1 and 2: VIA CERTIFIED MAIL - RETURN RECEIPT
Page 3 and 4: the North Fork Reclamation and Reus
Page 5 and 6: since October 15, 1999, and continu
Page 7 and 8: upstream of the NFMRR discharge in
Page 9 and 10: 1. Cargill is a “Person” Under
Page 11 and 12: immediately upstream of the outfall
Page 13 and 14: construction waste and debris depos
Page 15 and 16: cholera. In addition, high fecal co
Page 17 and 18: Selenium - Poultry processing waste
Page 19 and 20: constituent thereof may enter the e
Page 21 and 22: wastes reaching the NFMRR. Some of
Page 23: stored or treated before such use,
Page 27 and 28: In sum, the serious danger present
Page 29 and 30: approved by the Board for the treat
Page 31 and 32: The notice of intent to sue letter
Page 33 and 34: C. Ammonia as N (NH3) Violations Pa
Page 35 and 36: Fecal Coliform Fecal Coliform Fecal
Page 37 and 38: G. Total Suspended Solids (TSS) Vio
Page 39 and 40: Cl2, Total Contact Cl2, Total Conta
Page 41 and 42: II. DISCHARGES OF RAW SEWAGE AND UN
Page 43 and 44: cc: Hon. Robert McDonnell Commonwea

notice

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?