Valley Proteins operates a poultry rendering facility that converts poultry by-products into feed fats and protein rich solids – processing 4.5 million pounds per week. The facility also operates an on-site private industrial wastewater treatment plant to treat discharged waste from the facility. The wastewater treatment plant operates under a National Pollutant Discharge Elimination System (“NPDES”) permit as an industrial facility that discharges to state surface waters. The facility, located in Linkwood, Maryland, discharges pollutants into the Transquaking River, which drains through Fishing Bay to the Chesapeake Bay.

Valley Proteins has a long history of violating the limits set in its NPDES permit. As a result, on April 13, 2022, CBF, and our partners ShoreRivers and Dorchester Citizens for Planned Growth, notified the owner and operator of the Valley Proteins facility of their intent to file a citizen suit in federal district court for violations of the Clean Water Act, the Resource Conservation and Recovery Act, and the Maryland Water Pollution Act.

CBF and partners then filed a complaint in the Federal District Court of Maryland against Valley Proteins, in February 2022, requesting that the court order Valley Proteins to comply with all permit terms and conditions. We also intervened in the Maryland Department of Environment’s (“MDE”) case against Valley Proteins in the Circuit Court of Maryland for Dorchester County. Both cases were stayed as CBF and partners met with Valley Proteins (which was recently acquired by Darling Industries) and MDE to discuss the terms of a proposed judicial consent decree (a legally binding agreement with the consent of all parties). On September 9, 2022, the parties reached agreement. The proposed Consent Decree requires Valley Proteins to pay $540,000 in civil penalties to the State of Maryland and provide $135,000 to CBF and partners for new Transquaking River monitoring and restoration work. The Consent Decree also requires Valley Proteins to conduct an investigation of potential sources of groundwater contamination at the facility, make improvements to stormwater management, and complete a plan to reduce odors emanating from the facility. The agreement also ensures enhanced oversight by MDE, CBF, and partners. The Consent Decree was filed with the Circuit Court for Dorchester County on September 12, 2022.

These cases are being handled by CBF’s current Director of Litigation Ariel Solaski.