SIL Clean Water faces a long list of litigation, including filing for bankruptcy and a lawsuit filed by the office of the attorney general for exceeding nutrient levels.
The DEQ says it is ready to work with the new owner to get the water back to state requirements. The SIL waste-water treatment facility treats four agencies, including the Cargill and Pilgrim's Pride poultry plants, and the towns of Timberville and Broadway.
But it wasn't until recently, when the DEQ cited the facility for having major sewage overflows at the town of Timberville's pump station.
"SIL has consistently said that the wastes that they received were stronger than they thought they would be," says Amy Owens, the DEQ Regional Director in Harrisonburg.
Since a court injunction, new pumps have been installed at the pump station.
"There were many things that SIL could have done to improve the quality of their waste water and that those things just didn't happen," says Owens.
SIL exceeded its discharge limits and in turn, it impacted water quality, dumping an excess of phosphorus and nitrogen in the water.
"There are no acute impacts to people but long term, it's up to us to protect the river so it will be healthy over time, and that's why SIL and it's successor has to comply," says Owens.
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The DEQ says the impacts are reversible.