MILLSBORO, Del. – April 12, 2021 – The Delaware Superior Court approved a comprehensive $65 million settlement agreement today between Mountaire and a group of neighbors to resolve all remaining issues related to the 2017 upset that occurred at its wastewater treatment plant in Millsboro. Attorneys in the case reached the agreement last December, but it 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. 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.”
DNREC issued construction and operation permits to Mountaire in January to begin construction of the new wastewater treatment plant.