NC0026441_SOC Comment (Mountaire Farms)_20230323

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March 23, 2023
VIA UPS AND CERTIFIED MAIL
RETURN RECEIPT REQUESTED
70181830 00019759 0313
N.C. Division of Water Resources
Attn: Sydney Carpenter, Compliance and Expedited Unit
1617 Mail Service Center
Raleigh, NC 27699-1617
RECEIVED
MAR 2 8 2023
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RE: In the Matter of North Carolina NPDES Permit No. NC0026441; Permit No.
WQCS00056; Held by The Town of Siler City, North Carolina: Special Order by
Consent (EMC SOC WQ S22-003) ("Consent Order")
Dear Ms. Carpenter:
Mountaire Farms of North Carolina Corp. dba Mountaire Farms Inc. ("Mountaire") is fully
supportive of the Consent Order authorizing Siler City's Pretreatment upgrades. Mountaire's
support, however, is coupled with a concern over both the Consent Order's timeline and possible
duplicative design requirements.
When looking for expansion opportunities, Mountaire selected Siler City in part because
the town had a wastewater capacity that had previously supported two poultry processing
operations. Mountaire rehabilitated and built at a location of one of the former poultry processing
operations that previously discharged wastewater to the town of Siler City, utilizing expanded
wastewater capacity built by Siler City in part for that previous poultry operator.
Mountaire and the town negotiated discharge limits and an expense schedule for
wastewater discharge based upon an understanding that the town system could handle the proposed
discharge amounts. Mountaire's wastewater pre-treatment system is relatively new, as it was
designed and built in 2018. The system is fully operational and is working in accordance with its
system design; except, at the town's request, an operational design change was made to provide
more consistent wastewater flow to the town.
Mountaire desires to and is committed to continuing to partner with Siler City so
Mountaire's pretreatment program can stay and remain compliant with its town permit. To do so,
however, the town's deadline for upgrades should match a schedule that is realistic for its
stakeholders. Ideally, Mountaire's deadline for upgrades should mirror the town's deadline under
the Consent Order.
"We measure quality by how well we service our internal and external customers

N.C. Division of Water Resources
Attn: Sydney Carpenter, Compliance and Expedited Unit
Page 2
Currently Mountaire's Industrial User Pretreatment Permit (IUP 004) expires December
31, 2025. Mountaire was recently advised on March 13, 2023 by Siler City that Mountaire's
permitting levels are intended to be revised so the town can meet its Consent Order limits. In fact,
the newly suggested level for one constituent is less than 50% its current daily maximum and over
45% below its current monthly, average limit. The newly suggested permit limits are inconsistent
with levels required at comparable Mountaire facilities and it is unknown if they are achievable at
a reasonable operational cost.
Even if reduced testing levels were agreed and Mountaire's permit were amended, in
today's supply chain market, Mountaire estimates it will need at least 3 years from issuance of a
revised permit to design, equip and complete any significant upgrade. Based on the flows used by
Mountaire, the Consent Order timeline is prescribed for failure where the town's significant users
cannot timely comply with the Consent Order's timeline.
In addition, significantly altering the nitrogen and BOD limits will require Mountaire to
build an advanced secondary wastewater system instead of using its current pretreatment
wastewater system, creating inefficiency in the town's process. Fully treating water twice is costly
and inefficient. Mountaire has no other location, nor is it aware of any other poultry processor,
with a full biological wastewater treatment system that is then discharged to a city or town for
additional treatment. Mountaire is willing to and requests an opportunity to work with the town
and state to design an appropriate municipal system instead of duplicate systems causing operating
inefficiencies and long-term cost challenges to Mountaire and the town.
Mountaire suggests a prompt review to coordinate deadlines and requirements with all
stakeholders and a reasonable extension of all deadlines. If determined in lockstep with the
proposed Consent Order and conditioned on its approval, a determination of Mountaire's limits
and facility and equipment requirements will benefit all. The current operating parameters are
difficult for Mountaire, in part as the town continuously fines Mountaire even as the town itself
has been in compliance with its own discharge limits since September 2022. Testing locations and
results between the town and Mountaire often do not match, and this issue needs to be addressed.
Mountaire's third -party verified results in the parshall flume show it in compliance with its permit
vs. what the town's results show, and Mountaire should not have to remit town penalties until this
issue is resolved.
Mountaire is grateful for this opportunity to comment and will continue to work in
partnership with the town and others to advance the mutual goals of sustained, consistent
compliance. Mountaire renews its offer made to the town to work together to design an upgraded,
integrated system and is available at the state and/or town's convenience to work out an achievable,
long-term plan.
1588838

N.C. Division of Water Resources
Attn: Sydney Carpenter, Compliance and Expedited Unit
Page 3
Sincerely yours,
Tanya Rog s-Vicke
Director of Environmental Compliance
RECEIVED
MAR 2 S ?'1";''
NCDEQ/DWR/NPDES
1598838