Delaware Superior Court approved a $65 million settlement between Mountaire and a group of neighbors to resolve remaining issues related to the 2017 discharge that occurred at its wastewater treatment plant in Millsboro.
Attorneys in the case reached the agreement last December, but the agreement wasn’t final until the court approved.
In 2019, Mountaire resolved all issues with a separate group of plaintiffs.
While Mountaire does not believe that it caused any damage to any of the plaintiffs, it chose to settle the case in order to achieve a final resolution and to allow construction of a new wastewater treatment plant to proceed, a release stated.
As part of the agreement, Mountaire has agreed to create a fund to be used for payments to those in the Millsboro vicinity claiming damages as a result of Mountaire’s wastewater treatment practices. The settlement resolves all outstanding class action claims for injuries, damages, or nuisance.
“We are moving ahead with building our new state-of-the-art wastewater treatment plant, which is advancing quickly,” said Phillip Plylar, president of the Mountaire. “We’re ready to put this chapter behind us and forge a new relationship with our neighbors moving forward.”
Lawyers for the neighbors hailed the settlement.
The lawsuit was filed in June of 2018 on behalf of Millsboro residents by the law firms Baird Mandalas Brockstedt, LLC, of Delaware, and Schochor, Federico and Staton, P.A., of Maryland.
The lawyers also noted that in a related action in Delaware U.S. District Court Court, Mountaire agreed to spend an additional $140 million for upgrades and maintenance at Mountaire’s facilities which will make the plant environmentally compliant.
“We are grateful that we were able to reach a resolution for the people of Millsboro who for almost 20 years have been exposed to poultry processing waste by Mountaire,” said Chase Brockstedt, co-counsel for the plaintiffs in this case. “While this litigation was hard fought, Mountaire took responsibility for its actions and did the right thing for Millsboro by agreeing to upgrade its facilities and compensate affected residents. It is my hope that Millsboro residents can begin to heal and move forward with their lives.”
Millsboro couple Gary and Anna-Marie Cuppels initiated the lawsuit in 2018, according to the lawyers after unexpectedly received cases of bottled water from Mountaire with no explanation and realized their water was not safe.
DNREC earlier issued construction and operation permits to Mountaire in January to clear. the way for construction of the new wastewater treatment plant.
Mountaire agricultural food production and processing companies employ nearly 10,000 people at facilities in Arkansas, Delaware, Maryland, Virginia, and North Carolina. For more information, visit www.mountaire.com.
