Meat Industry INSIGHTS Newsletter

980774 Maryland Sues Tyson Over Waste Disposal

July 29, 1998

Snow Hill, Md. - The Maryland Department of the Environment, unable to reach an out-of-court settlement with Tyson Foods Inc. over the disposal of chicken waste, has sued the poultry giant for $5.4 million.

The lawsuit was filed in Worcester County Circuit Court.

Environmental officials said Tyson is responsible for pumping at least 26,000 tons of poultry waste generated from a processing plant into a corn field since January 1997.

That was a year before the company even bought the facility from Hudson Foods Inc., but the state apparently plans to attempt to hold Tyson liable because it took over the previous owners' waste discharge permits.

The agency alleged the chicken sludge may have reached tributaries of Kitts Branch and the headwaters of the Pocomoke River, possibly contaminating them with high levels of phosphorous and nitrogen.

Last year, the lower Pocomoke, miles from the field, was closed twice when fish were found dead or covered with sores and lesions, apparently the work of a toxic organism, Pfiesteria piscicida.

Some scientists believe Pfiesteria - which also has been linked with short- term memory loss in humans by a Maryland medical team - is encouraged by nutrients such as those from chicken waste. The legislature reacted this year by forcing farmers to reduce nutrient runoff.

The lawsuit mentioned Pfiesteria's "significant environmental damage as well as serious adverse health effects."

The lawsuit said poultry sludge from the plant, which processes as many as 900,000 chickens a week, has been injected into the field at a rate of up to 16,000 gallons a day.

Environment Secretary Jane Nishida said her agency decided will file such lawsuits "when violations are willful and jeopardize the health of important watersheds like the Pocomoke."

Tyson issued a brief statement from its Springdale, Ark., headquarters saying it would continue to work with state officials in an attempt to reach an out-of-court settlement. It did not comment on the allegations.

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