notice

Cargill is prohibited from sending wastes to SIL that exceed 2,063 lbs./day of BOD5 on a
monthly average basis. Cargill is also prohibited from sending wastes to SIL in water that
contain toxic or poisonous solids, liquids, or gases that can, singly or by interaction with
other wastes, injure or interfere with a waste treatment process, constitutes a hazard to
humans or animals, or creates a hazard in the receiving waters of the SIL facility.
Moreover, Cargill is prohibited from sending water or waste that has a pH lower than 5.5
or greater than 9.5, or any other corrosive property capable of causing damage or hazard
to structures, equipment, or personnel at the SIL facility. In addition, Cargill is
prohibited from sending solid or viscous substances to SIL that are capable of causing an
obstruction to the flow in the sewer lines, or otherwise interfere with the proper operation
of the wastewater facilities. Finally, Cargill is prohibited from sending to SIL any
hazardous substance whose discharge is legally prohibited.
C. Violations of Waste Treatment Contractual Obligations By Cargill
Cargill has, and continues to have, numerous violations of their contract with SIL that
result in illegal discharges of waste to the surrounding watershed. Wastewater flows
from Cargill exceed the capacity allocated for them by the NFMRR. Additionally,
wastewater from Cargill has regularly exceeded the BOD5 monthly loading limitations
since August, 2001, including 10 monthly BOD5 loading exceedances since June, 2005.
Moreover, Cargill has exceeded the TN design concentrations set by the NFMRR for
Cargill.
On January 23, 2007, SIL filed a lawsuit against Cargill alleging breach of contract and
seeking injunctive and declaratory relief 2 . The lawsuit accuses Cargill of sending
“substances prohibited by the Contract” to the Facility, “sending wastewater with a BOD5
level that exceeds the aeration capacity of the system,” combining stormwater flow with
wastewater, exceeding BOD5 monthly loading contractual limitations, and changing
production processes at the facility resulting in differing wastewater flow than originally
contemplated in the contract. 3 Because of these alleged breaches, SIL claims to have
suffered physical damage at its treatment facilities in addition to numerous violations of
its discharge permit. 4
D. Cargill’s Discharges to The NFMRR Routinely Result in NFMRR’s
Violation of Discharge Permit VA0090263
The NFMRR routinely violates effluent limits in its discharge permit, VA0090263, for
TP, TN, ammonia, fecal coliform, total suspended solids (“TSS”), carbonaceous
biochemical oxygen demand (“CBOD5”), BOD5, and pH, and land application rate limits
for phosphorus pentoxide and plant available nitrogen. These violations have occurred
2 The legal action, SIL Clean Water LLC v. Cargill Turkey Products, Inc., Adversary Proceeding No. 07-
00048, was filed by SIL against Cargill in the U.S. Bankruptcy Court for the Northern District of Illinois on
January 23, 2007. On February 14, 2007, by Order of Judge Jacqueline P. Cox, this matter was transferred
to the U.S. Bankruptcy Court for the Western District of Virginia.
3 SIL Clean Water LLC v. Cargill Turkey Products, Inc., Complaint at 5-6.
4 Id. at p. 5.
4