In a huge win for clean water and the health of the Chesapeake Bay’s tributaries, the Circuit Court for Dorchester County has ruled that the Maryland Department of the Environment (MDE) must revise its newly-issued, yet harmfully inadequate, wastewater discharge permit for Valley Proteins’ animal waste rendering plant in Linkwood on Maryland’s Eastern Shore.
The Chesapeake Bay Foundation (CBF), Dorchester Citizens for Planned Growth (DCPG), Friends of the Nanticoke River, ShoreRivers, and Wicomico Environmental Trust (WET) challenged the state's permit in February 2023 for its failure to meaningfully reduce the plant’s discharge of wastewater that contributes to unhealthy water quality in the Transquaking River, Higgins Mill Pond, and Chesapeake Bay. The Valley Proteins plant is currently owned by Darling Ingredients.
The permit would have failed to meaningfully reduce the amount of nutrients—nitrogen and phosphorus—in Valley Proteins’ Transquaking River watershed. In fact, the permit would have allowed Valley Proteins to expand its wastewater discharge from an annual average of 150,000 gallons per day to up to 575,000 gallons per day if the plant meets certain discharge requirements for ammonia, biological oxygen demand, and dissolved oxygen.
Under the court’s decision, MDE must revise the permit to be consistent with state and federal law. A revised permit that better controls the rendering plant’s discharge is an important step toward reducing pollution to Dorchester County's waterways.
CBF Maryland Advocacy Director Alan Girard issued the following statement:
“We are pleased with the court’s decision to require MDE to revise its permit. Valley Proteins contributes significantly to the annual nitrogen load discharged into the Transquaking River watershed every year. The previous permit did not ensure that the river and Higgins Mill Pond are safe for swimming, fishing, and wildlife habitat, as mandated by Maryland and federal law.”
DCPG President Fred Pomeroy issued the following statement:
“DCPG believes that concerned citizens have the right to appeal to the judicial system when the environment continues to be damaged as the result of state agencies failing to do their job. That is why, after 10 years of water testing continuing to document dangerous and illegal pollution levels in the Transquaking, we joined with other environmental organizations in asking the Circuit Court to remand the inadequate operating permit for Valley Proteins back to MDE for strengthening. We are pleased that the court acted on the strength of our arguments and we look forward to a new era of improving water quality on the river.”
The Friends of the Nanticoke River President Jay Martin issued the following statement:
“The Friends of the Nanticoke River are encouraged by this decision. Valley Proteins has shown disdain for regulation of its wastewater discharge into the Transquaking River. A meaningful discharge permit is needed to address the systemic problem of eutrophication of the river and the downstream waters it connects with. The court has sent a clear message that we need more comprehensive oversight to ensure our waters are safe and healthy for all species that rely on them.”
Choptank Riverkeeper and Director of Riverkeeper Programs at ShoreRivers Matt Pluta issued the following statement:
“The court's decision in this case makes a statement that no river is worth giving up on, and recognizes the value of clean water and in doing all we can to ensure that our waterways are swimmable and fishable. Higgins Mill Pond and the upper Transquaking River are valuable resources that have repeatedly been neglected, and we hope that—through this remand—the state will seek opportunities to meaningfully protect and restore them, and reverse the long history of pollution impacts. We thank the court for making the right decision for these waterways and look forward to seeing MDE’s next steps.”
WET President Dr. Charles Stegman issued the following statement:
“The Wicomico Environmental Trust applauds the court’s careful analysis of the facts and law regarding federal and state water quality requirements and its focus on ‘real-world real-time data’. Reevaluation of these permit provisions is critical to the health of our watershed and of those who depend on it for their livelihoods and health.”
