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NFMRR treatment facility such that since August 27, 2001 much of the phosphorus and<br />

nitrogen waste enters the North Fork after inadequate treatment.<br />

3. Wastes From Cargill Severely Disrupt, and Have Disrupted,<br />

Treatment Operations at NFMRR<br />

Since August 27, 2001, Cargill has transported chemical disinfectants such as sulfuric<br />

acid and quaternary ammonia to the NFMRR in quantities that have severely disrupted<br />

treatment operations at the facility. These treatment plant disruptions have corrupted<br />

biological treatment processes at the NFMRR several times since August 27, 2001, for<br />

sustained periods of time, resulting in the discharge of large amounts of TP, TN,<br />

ammonia, fecal coliform, and other pollutants into the North Fork.<br />

In light of the above, it is not surprising that the raw poultry processing wastes from<br />

Cargill have resulted in numerous, high magnitude, violations of effluent limits since<br />

August 27, 2001, and have overwhelmed the treatment systems at the NFMRR, often<br />

rendering them ineffective since that date. This has resulted in severe damage to several<br />

miles of the North Fork downstream of the NFMRR, and contributes to the ongoing<br />

impairment of portions of the Potomac River, and nearly 90% of the Chesapeake Bay,<br />

downstream.<br />

E. Cargill Dumps Construction Waste and Debris Adjacent To and Directly<br />

Into the North Fork of the Shenandoah River<br />

Cargill has dumped solid waste on land owned by Cargill at its Timberville poultry<br />

processing facility, and in the waters of the North Fork itself. The dumped solid waste<br />

includes but is not limited to construction debris, boards, trash, large blocks of rock, and<br />

other assorted debris. The dumped waste remains on the banks of, and directly in, the<br />

North Fork of the Shenandoah River, continuing to violate water quality standards by<br />

impeding navigation, disfiguring the stream bottom, endangering fishermen, swimmers,<br />

boaters, and other recreational users, and impairing the aesthetic, aquatic, and<br />

recreational uses of the River.<br />

The Shenandoah Riverkeeper contacted Wesley Carter of Cargill about the dumped waste<br />

and debris on October 25, 2006 and November 10, 2006; despite the notification, Cargill<br />

has taken no action to clean up the dumped construction waste and debris in the North<br />

Fork adjacent to its Broadway facility.<br />

F. Cargill’s Discharges to the NFMRR Contribute Significantly to the<br />

Ecological Impairment of the North Fork of the Shenandoah River and the<br />

Surrounding Watershed<br />

Many sections of the North Fork of the Shenandoah River are in dire shape. Large<br />

stretches of river bottom downstream of the discharge from the SIL NFMRR are choked<br />

with algae and decaying organic material, and the water is rife with pollutants, including<br />

a severe overload of phosphorus and nitrogen. Levels of phosphorus immediately<br />

6

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