Robert L. Ehrlich, Jr. press release, June 13, 2003

STATE OF MARYLAND OFFICE OF THE GOVERNOR ROBERT L. EHRLICH, JR. FOR IMMEDIATE RELEASE: CONTACTS: Shareese N. DeLeaver June 1 3, 2003 (4 1 0) 974-32 1 6 Department of Environment Jim Pettit: (410) 537-3010 Department of Agriculture: Sue duPont: (410) 841-5889 Poultry Industry Со Requirements Rejected Governor to Meet with Poultry Executives in Salisbury The Maryland Department of the Environment’s Final Decision Maker today affirmed a prior Administrative Law Judge’s ruling in which the Department was found to have acted beyond its authority and without properly considering the law when it attempted to expand its permitting authority in 2001. Under what is commonly referred to as “со provisions, the Maryland Department of the Environment (MDE) required poultry processors to possess wastewater discharge permits to address individual farmer’s nutrient management practices. Poultry processors and individual growers said the provisions affected their ability to conduct business and challenged MDE’s authority to impose co-permitting requirements. On August 23, 2002 Judge Neile Friedman of the Maryland Office of Administrative Hearings ruled MDE overstepped its authority. The decision states that with these permits, MDE is allowed to regulate the discharge from the processors, but not the specific activities of individual growers. Governor Robert L. Ehrlich, Jr., a critic of the со requirements, praised the decision and announced plans to meet with poultry growers, executives and local officials June 23 in Salisbury to current issues related to the poultry industry, including the planned closing of the Tyson facility in Berlin and nutrient management. “Clearly, this situation calls for an innovative approach," Governor Ehrlich said. “Reducing nutrient pollution is my goal, and exhaustive, time-consuming litigation doesn’t help our cause. I have directed Agriculture Secretary Lewis Riley and Environment Secretary Kendl Philbrick to develop a workable solution in the best interest of all parties.”