notice

approved by the Board for the treatment or control of such industrial wastes or other
wastes.”
C. Cargill Violates The Inland Game and Fisheries Code
The Virginia Department of Game and Inland Fisheries (“VDGIF”) is responsible for the
management of inland fisheries, wildlife, and recreational boating for the Commonwealth
of Virginia. The Inland Game and Fisheries Code, Va. Code § 29.1-533, specifies that:
“[i]t shall be unlawful to… knowingly cast any noxious substance or matter into any
watercourse of the Commonwealth where fish or fish spawn may be destroyed…”.
Cargill, each day since August 27, 2001, directly or indirectly, knowingly places noxious
substances into the North Fork that cause or contribute to violations of water quality
standards and impairment of water quality by transporting poultry processing wastes to
the NFMRR that exceed, and have exceeded, the design loads and concentrations of the
NFMRR facility. Additionally, by adding chemical disinfectants such as sulfuric acid
and quaternary ammonia to the poultry processing wastes transported to the NFMRR,
Cargill has severely disrupted treatment systems at the NFMRR, resulting in the dumping
of inadequately treated poultry processing wastes into the North Fork. The addition of
these substances has also caused physical damage to treatment facilities at SIL.
Levels of phosphorus immediately upstream of the NFMRR discharge in the vicinity of
Timberville have been documented at 0.01 mg/l as recently as September 28, 2006, while
levels of phosphorus downstream of the NFMRR discharge were recorded on the same
day at 1.4 mg/l. This means that levels of phosphorus in the North Fork are 140 times
higher downstream of the discharge than they are upstream of the discharge. Nitrogen is
25% higher in the stream downstream of the outfall when compared with upstream levels.
These extremely high levels of phosphorus and nitrogen are the result of poultry
processing wastes sent to NFMRR for disposal by Cargill, and then dumped into the
North Fork after minimal or no treatment.
Over 52.97 miles of the North Fork, including large stretches downstream of the SIL
outfall, are listed on the 2004 Virginia “dirty waters” list for fecal coliform impairment.
Fecal coliform bacteria are present in the intestines of warm-blooded animals and are an
indicator that the aquatic community has been contaminated by fecal matter.
Additionally, there is compelling scientific evidence that the entire Shenandoah River
system is an ecosystem in trouble. Numerous fish kills in the Shenandoah River system
have occurred recently. In the spring of 2007, fish collection and monitoring efforts by
the Shenandoah River Fish Kill Task Force indicate that at least 15% of largemouth and
smallmouth bass collected appear to be developing lesions or are otherwise developing
health issues. There have also recently been several minor fish kills of redbreast sunfish,
smallmouth bass, and suckers, and redbreast sunfish are not showing signs of recovery.
It appears from these observations that there are emerging or re-emerging fish health
problems from previous years that are continuing and re-occurring. Notably, in early
December, 2006, fish kills numbering in the thousands occurred, including northern
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