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Open Letter to the North Carolina General Assembly
February 15, 2007

AN OPEN LETTER TO THE MEMBERS OF THE NORTH CAROLINA GENERAL ASSEMBLY

For more than 20 years the swine industry has been polluting North Carolina’s air and water by disposing of its untreated animal waste through the use of lagoons and sprayfields. This fact is supported by many research publications. The lagoon system, operated under the pretext of growing crops, is prone to massive failures even under the best of conditions. As rainfall exceeds average, as it frequently does in Eastern North Carolina, these failures often become catastrophic. Undoubtedly, you have followed the thousands of news stories that have regularly reported this industry’s environmental abuses, including the contamination of our air and water.

Now, there is mounting evidence of this industry’s adverse impacts on public health. Gases, including hydrogen sulfide and ammonia, accompany the putrid odor that permeates and stresses surrounding communities. One recent study conducted under the auspices of the NC Department of Health and Human Services showed that hog facility neighbors reported more headaches, runny noses, sore throats, coughing, diarrhea, and burning eyes than people who do not live near hog facilities. Other research supported by the National Institute of Environmental Health Sciences described odors and asthma symptoms of students in NC middle schools located near these facilities.

Ten long years ago, in reaction to these serious problems, the North Carolina General Assembly imposed a moratorium on construction of new lagoons and sprayfields. Simultaneously, research was conducted to find alternative technologies that would satisfactorily replace the failed lagoon system. In that regard, Dr. Mike Williams of North Carolina State University has recently reported alternative systems proven to be effective. Unfortunately, the industry has rejected the implementation of any of these new technologies, insisting that they are not economically feasible. This rejection is unreasonable; cost wise, nothing will ever favorably compare with an “outhouse” waste disposal system.

Most all of the swine produced in North Carolina, belong to one company, Smithfield Foods. This same company owns many of the facilities where swine are grown. They also own the world’s largest slaughterhouse located in Bladen County. Last year, Smithfield Foods’ net profit was nearly 200 million dollars. In the past five years, their net profits totaled approximately 1 billion dollars. Premium Standard Farms, the nation’s second largest hog producer, also accounts for a significant portion of the hogs raised in North Carolina. PSF enjoyed a profit of $14.8 million in the first three quarters of this fiscal year — profits that were diminished by the costs associated with its proposed merger with Smithfield, which will create a behemoth company controlling much of the American pork market. While North Carolina has shared in some of the financial benefit associated with hog production, it has also suffered a significant financial loss due to this industry’s pollution practices, related health issues and the resulting negative public perception.

We are respectfully requesting the following:

(1) Ending the moratorium by replacing it with a permanent ban on the construction of new lagoons and sprayfields.
(2) Setting of a date certain for eliminating the use of existing lagoons and sprayfields
(3) Immediate implementation of a phase-out program for existing lagoon and sprayfield system with approved alternative technologies.

The attached publications, including North Carolina Public Health (UNC Magazine Winter 2006), Rolling Stone Magazine (December 14, 2006 issue) and Environmental Science and Technology regarding toxic Pfiesteria�an example of harmful microbes that can be stimulated by wastes from industrialized swine feed operations– are relevant to this discussion. They are attached for your review.

Respectfully submitted by the following organizations and individual:

ALLIANCE FOR A RESPONSIBLE SWINE INDUSTRY
CONCERNED CITIZENS OF TILLERY
CAPE FEAR COASTKEEPER
CAPE FEAR RIVER WATCH
CAPE HATTERAS COASTKEEPER
CAPE LOOKOUT COASTKEEPER
CONSERVATION COUNCIL OF NORTH CAROLINA
DUPLIN ENVIRONMENTAL HEALTH AWARENESS PROJECT
LOWER NEUSE RIVERKEEPER
NEUSE RIVER FOUNDATION
NEW RIVER FOUNDATION
NEW RIVERKEEPER
NORTH CAROLINA COASTAL FEDERATION
NORTH CAROLINA ENVIRONMENTAL JUSTICE NETWORK
OPEN MINDED SENIORS
PAMLICO-TAR RIVER FOUNDATION
PAMLICO-TAR RIVERKEEPER
RURAL EMPOWERMENT ASSOCIATION FOR COMMUNITY HELP
SOUTHERN ENVIRONMENTAL LAW CENTER
UPPER NEUSE RIVERKEEPER
WATERKEEPER ALLIANCE
INDIVIDUAL PARTICIPANT: FRED STANBACK

Hand-delivered for the group by:

Rick Dove

President, Neuse River Foundation
PO Box 15451, New Bern, NC 28560 (252 447 5821)

January 23, 2007

Environmental Management Commission/ NPDES Unit
1617 Mail Service Center
Raleigh, NC 27699-1617

Re: Draft Permit NC0003573

To Whom it May Concern:

Thank you for the opportunity for Cape Fear River Watch Inc. to comment on this draft permit. Cape Fear River Watch has been a proponent of water quality in southeastern North Carolina since 1993. Our mission is to protect and improve the water quality of the Lower Cape Fear River Basin through education, advocacy, and action. We have the following comments relating to the draft NPDES permit for the DuPont Fayetteville Works wastewater treatment plant.

The permit should require monitoring and compliance with effluent limits for PFOA (C8). The company has indicated that all the discharge from the PFOA plant is treated off site. This should either be made a requirement of the renewed permit or else effluent limits promulgated for PFOA. There is nothing in the proposed permit to prevent DuPont from treating the PFOA discharge on site and if this is done there would be no requirement for them to monitor for PFOA in the discharge.

In addition, the interim groundwater standard of 2.0 parts per billion for PFOA is too lax. This standard relieves DuPont of nearly all clean up responsibilities for the discharge that has been previously reported. North Carolina state health officials have stated that the standard for PFOA should be zero until the health risks are fully understood. Elsewhere, the standard has been set at 0.5 ppb. This would serve as a more appropriate interim standard.

The downstream mixing zone of 4,500 feet should be removed. Instead, monitoring should be required at the point where the DuPont discharge enters the Cape Fear River.

The daily maximum limitation for fluoride (7,917 pounds per day) seems extremely high. This is a concern because fluoride accumulates in animal bones, in plants and in the soil. If this limit remains in the final permit, the permit should also require monitoring of fluoride accumulation in river sediment and additional bioaccumulation studies on lower trophic catfish since they concentrate fluorides and some metals in their tissues.

For hexachlorobenzene, the phrase “sufficiently sensitive” relating to testing method is too ambiguous. The required method sensitivity should be more discretely defined.

In addition, we request a public hearing on this permit, and that we be notified about the date, time and place of the hearing when it is scheduled. Thank you for your consideration of these comments.

Sincerely,

Paul Nelson
President