“In numerous instances, Defendant applied sewage sludge in amounts exceeding the ‘agronomic rate’ in violation of 40 C.F.R. § 503.14(d).”

💡 This is the central allegation: Denali applied more nitrogen-rich sludge than crops could safely use, risking groundwater contamination.

“Defendant failed to obtain the information it needed to properly calculate agronomic rates, in violation of 40 C.F.R. § 503.12(e)(1).”

💡 Without proper data collection, Denali could not possibly ensure safe application rates, suggesting systematic negligence.

“Some of the sewage sludge Denali applied at Desert Ridge was applied to fallow fields, that is, fields in which no crop was planted during that calendar year.”

💡 Applying nitrogen-rich waste to fields with no crops means zero agricultural benefit and maximum pollution risk.

“Denali did not confirm that the crop anticipated to be planted was actually planted, or in fact that any crop was actually planted (i.e., that the field was not left fallow); did not obtain actual crop yield data from the Covered Farms.”

💡 The company did not even verify crops were growing before dumping sewage sludge, making proper calculation impossible.

“Denali did not conduct soil sampling at any of the Covered Farms to determine how much nitrogen was already present in the soil prior to Denali’s land application.”

💡 Without testing existing nitrogen levels, Denali could not know how much additional nitrogen the soil could safely receive.

“Denali used uniform percentages for volatilization and mineralization, across all the Covered Farms, that were not supported by research, sampling, or empirical data.”

💡 Using made-up numbers instead of site-specific data allowed Denali to apply more sludge while creating the appearance of compliance.

“Denali did not conduct any soil sampling after land application to determine residual nitrogen remaining in the soil, or to determine the amount of volatilization or mineralization of nitrogen that was occurring.”

💡 By never testing results, Denali ensured it would never have proof it was over-applying, allowing violations to continue undetected.

“Sampling performed in 2019 at Desert Ridge – after years of land application by Denali using the methods described above – documented elevated levels of nitrogen at depths below the root zone, indicating that excess nitrogen had been applied to the surface and had migrated downward.”

💡 Independent testing found exactly what the regulations are designed to prevent: nitrogen pollution migrating toward groundwater.

“The agronomic rate is a maximum application rate that is designed both to (1) provide the amount of nitrogen needed by the [crop or vegetation] grown on the land and to (2) minimize the amount of nitrogen in the sewage sludge that passes below the root zone … to the ground water.”

💡 This regulation exists specifically to protect drinking water, and Denali’s alleged violations directly threatened that goal.

“Nitrate is highly mobile, moves with water, and is a significant source of water pollution nationwide.”

💡 The chemical properties of nitrogen make overapplication especially dangerous because contamination spreads quickly through groundwater.

“Denali reported to EPA that between 2016 and 2018, it applied at least 96,093 tons of sewage sludge to fields at Desert Ridge.”

💡 Nearly 100,000 tons of waste applied to a single farm over three years shows the industrial scale of these operations.

“Denali – acting directly or through its wholly-owned subsidiary Solid Solutions, LLC – provides the service of land application of sewage sludge for municipalities across the nation.”

💡 This is not an isolated incident but part of a nationwide business model that may have similar problems elsewhere.

“On August 22, 2024, Denali sold the assets, and transferred or assigned the contracts, that it used to conduct its land application business within California and Arizona, and no longer conducts that business.”

💡 Selling operations during an investigation raises questions about whether the company sought to avoid accountability.

“Denali does not admit to the factual basis alleged or any liability to the United States.”

💡 Standard settlement language allows companies to pay fines while denying responsibility, leaving the public without clear answers.

“ADEQ requested additional information from Solid Solutions and issued Notices of Violation to Solid Solutions in September 2018 and February 2019 for violating various provisions of Arizona’s laws regarding sewage sludge application.”

💡 State regulators identified problems in 2018-2019, yet alleged violations continued for years before federal enforcement.