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Though White Oak Farm/Legacy Biogas is no longer in operation, the notices of violation from the state continue.

On Sept. 9, a notice of violation was issued for not maintaining lagoons and animal waste structures, creating sources of pollution at a facility that was effectively closed due to a major spill.

“The Division of Water Resources’ latest inspection affirms that this unmaintained swine-waste-to-biogas facility is actively polluting the surrounding area and, due to being unmaintained, is another environmental disaster waiting to happen,” said Neuse Riverkeeper Samantha Krop.

The issue has been ongoing, since a major spill happened at the biogas facility in Wayne County, resulting in pollution of Nahunta Swamp. In May of 2022, an estimated 3 million cubic feet of foam oozed from beneath a ruptured biogas cover. Some of the foam — comprised of decomposing hog waste, hog carcasses, expired Smithfield deli meats and hot dogs — spilled into the swamp.

At the time, the spill was not made public other than a small, legal notice printed in a local paper; however, Samantha observed the telltale signs of major clean-up during a routine surveillance flight two months after the fact. Over the next year, water-quality testing around the site by Sound Rivers’ Riverkeepers revealed concerning levels of nitrogen, fecal coliform and E. coli bacteria. Levels were normal upstream of White Oak Farm, pointing to ongoing pollution source stemming from the facility, though NCDEQ staff maintained the spill was contained and cleaned up. In November of 2023, NCDEQ required the owners to close the existing hog waste lagoons and apply for a new permit for new lagoons in order to stay in operation.

That the facility is still at risk for another spill is a cause for concern for Samantha.

“With the current owners in bankruptcy and White Oak Farms currently up for auction, no one is being held accountable to cleaning the existing pollution or preventing the next major spill,” she said. “This issue highlights the need for statewide funding to support environmental cleanups when waste spills from CAFOs (concentrated animal feeding operations) occur.”

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