MILLSBORO, Del.- The Delaware Department of Natural Resources and Environmental Control has issued two Notices of Violation to Allen Harim Foods LLC related to wastewater treatment issues at its Harbeson processing facility and generator operations at its Dagsboro site.
Wastewater violations
According to DNREC’s Division of Water, Allen Harim Foods exceeded permitted total nitrogen limits in treated wastewater being sent from its Harbeson poultry processing facility to the Sussex Regional Recharge Facility near Milton.
The facility is allowed to send treated wastewater to the recharge system under State Permit Number 597261-01. The permit limits the daily average concentration of total nitrogen to 30 milligrams per liter and the daily maximum to 45 milligrams per liter.
Testing data submitted to the state shows the facility began exceeding those limits on at least Jan. 27, 2026. Reported concentrations were 72.4 mg/L on Jan. 27, 56.1 mg/L on Jan. 29, and 82.2 mg/L on Feb. 15.
DNREC states that the facility reported unusually cold temperatures created challenges with nitrification in its treatment system, resulting in elevated nitrogen levels. On Jan. 30, Allen Harim began diverting treated wastewater to an onsite lagoon rather than sending it to the regional recharge facility.
According to DNREC, on February 1, the company resumed sending wastewater that still exceeded permit limits to the recharge facility after reaching an agreement with Artesian Wastewater Management Inc., which operates the Sussex Regional Recharge Facility.
DNREC stated the company also failed to follow permit requirements requiring notification and automatic diversion when nitrogen levels exceed limits. The agency said the company did not notify the department before Jan. 30 despite laboratory results indicating exceedances beginning at least Jan. 27.
The notice also says required daily sampling and reporting were missed or not provided for multiple dates, including Jan. 20, Jan. 28, Feb. 2, and Feb. 3.
To address the violations, DNREC is directing Allen Harim to submit missing laboratory data, conduct daily nitrogen testing until the facility returns to compliance, and provide weekly reports detailing corrective actions and wastewater flow data.
The department said the company must also submit a report within three days outlining additional steps to reduce the volume of noncompliant wastewater being sent to the recharge facility. DNREC says potential penalties under Delaware law could reach up to $40,000 per day for violations.
Air Quality violations
In a separate case, DNREC’s Division of Air Quality issued a Notice of Violations to Allen Harim Farms LLC for its Dagsboro operation.
During a June 25, 2025 compliance inspection, DNREC says it determined the facility operated emergency generators for routine testing at 9 a.m. on July 15, 2024 — a day classified as a Code Orange ozone action day. State regulations ban operating emergency generators for testing or maintenance before 5 p.m. on days with Code Orange, Code Red or Code Purple air quality alerts.
According to DNREC, inspectors also found that the facility did not have a required air permit available onsite during the inspection.
DNREC directed the company to comply with permit requirements and submit information about its registered corporate agent within 30 days. The department said it could pursue further enforcement after reviewing the violations.
CoastTV reached out to Allen Harim Foods, LLC for comment and has not heard back.