According to the complaint, Hudson's Berlin plant repeatedly discharged wastewater with illegal levels of fecal coliform, phosphorus, nitrogen, ammonia and other pollutants into Kitts Branch. Kitts Branch flows into Trappe Creek, Newport Bay and Chincoteague Bay. Fecal coliform is an indicator of the presence of sewage pollution and associated disease-carrying pathogens. EPA regulates fecal coliform to reduce risk of illnesses such as intestinal, skin, ear and eye infections. Excess levels of phosphorus and nitrogen can overstimulate algae growth and reduce crab and fish populations.
Ammonia is toxic to fish.
The U.S. also alleged that Hudson violated monitoring, sampling and notification requirements in its permit. These requirements include ensuring that testing equipment is accurate, lab tests are performed properly and sampling records are up to date. The government further alleged that Hudson did not provide telephone and written notice of violations, including steps to prevent the recurrence of illegal discharges. The Maryland Department of the Environment has worked with EPA in addressing pollution concerns involving the state's poultry industry. This enzyme helps chickens to better absorb phosphorus in their diet, and reduce the amount in their waste.