Wastewater Enforcement: Mississippi Commission of Environmental Quality and Aberdeen Concentrated Animal Feeding Operation Enter Into Agreed Order

The Mississippi Commission on Environmental Quality (“MCEQ”) and Prestage Farms Mississippi Inc. (“PFM”) entered into an August 10th Agreed Order (“AO”) addressing alleged violations of a Multimedia General Pollution Control Permit (“Permit”). See Order NO. 7740 26.

The AO provides that PFM owns and operates a Concentrated Animal Feeding Operation (“CAFO”) in Aberdeen, Mississippi.

The Permit held by PFM allows it to operate a CAFO on the Hi Lo Farm (“Farm”) and permits/requires:

• Construction/operate air emissions equipment.
• Monitoring requirements.
• Discharge stormwater associated with agricultural activities into State waters in accordance with effluent limitations, monitoring requirements, and other conditions.

The Mississippi Department of Environmental Quality conducted a compliance evaluation inspection on February 11th and identified the following alleged violations:

• Discharged process wastewater into waters of the state without holding a valid permit authorizing such discharge.
• Discharged process wastewater in violation of the Permit.
• Failure to properly operate, maintain, and replace facilities and systems of collection, treatment and control.
• Failure to comply with all conditions of the Permit.
• Failure to take reasonable steps to mitigate any discharge.
• Bypassed processed wastewater.
• Failure to maintain records for the production areas.
• Failure to maintain records for the land application areas.
• Failure to properly pump down its lagoons.
• Failure to maintain records of overflows and discharges.

PMF provided by letter on June 15th that it had begun using a spray irrigation system to dispose of the process wastewater in its lagoons. As a result, it states it eliminated the discharge of process wastewater to waters of the State. Further, it asserted that it would maintain the records required by the Permit.

The AO assesses a civil penalty of $15,000.

A copy of the AO can be found here.