HARBESON, Del. - Delaware officials say a Sussex County poultry processor violated its wastewater permit after nitrogen levels in treated discharge exceeded allowable limits for weeks.
The Delaware Department of Natural Resources and Environmental Control issued a Notice of Violation on March 2, 2026 to Allen Harim Foods related to operations at its Harbeson processing facility, alleging the plant’s treated wastewater exceeded permitted total nitrogen limits beginning at least Jan. 27 and continuing through mid-February.
Under the facility’s state permit, treated wastewater must meet a daily average nitrogen limit of 30 milligrams per liter and a daily maximum of 45 milligrams per liter. However, testing showed nitrogen concentrations ranging from 56 to more than 82 milligrams per liter from Jan. 27 to Feb. 16, according to the notice.
DNREC says the wastewater is sent to the Sussex Regional Recharge Facility, where it is stored in a lagoon before being spray-irrigated onto about 1,700 acres of agricultural land in Sussex County. Allen Harim told regulators the elevated nitrogen levels were linked to treatment challenges caused by prolonged cold weather, which reportedly affected the facility’s ability to properly process wastewater.
DNREC also alleges the company did not immediately notify the state when nitrogen levels exceeded limits and failed to divert wastewater for retreatment as required by its permit. The notice also cites missing monitoring data on several dates.
In response, state officials have ordered the company to conduct daily nitrogen testing, submit missing laboratory data, and provide weekly reports on corrective actions until the plant returns to compliance. Allen Harim must also submit an updated operations and maintenance plan within 30 days outlining how it will prevent non-compliant wastewater from being sent to the recharge facility in the future.
DNREC says the company could face civil penalties of up to $40,000 per day for violations if enforcement action is pursued.
The notice says the violations identified so far are not a full review of the facility’s compliance, and additional enforcement action could follow if further issues are found.
WBOC reached out to Allen Harim Foods on Tuesday for comment but did not immediately receive a response.