Pursuant to 7 Del. C., Chapters 60 and 63, Delaware’s Regulations Governing Hazardous Waste (DRGHW), the Delaware Department of Natural Resources and Environmental Control (DNREC), Remediation Section has made a preliminary decision to issue a hazardous waste Permit for Post-closure to Motiva Enterprises LLC (Motiva), located at 4550 Wrangle Hill Road in Delaware City, Delaware. The current Post-closure permit has expired, and, DNREC proposes to issue a new permit to continue hazardous waste post-closure activities at the Hazardous Waste Landfill (HWL) at this facility.

The Delaware City Refinery (DCR) is located on a 5,050 acre tract of land located approximately 1 mile north of Delaware City, Delaware. The land north and south of the Refinery is mostly farmland, with the exception of several industrial complexes located immediately north and west of the Refinery. The eastern property boundary of DCR borders the Delaware River.  The manufacturing facilities occupy approximately 1,000 of the 5,050 acres of the property. The Refinery produces mainly gasoline and heating oil. The Refinery began operation in 1956.  Star Enterprise owned and operated the DCR until it was sold to Motiva Enterprises, LLC (Motiva) in 2000.  In May 2004, Motiva sold the DCR to Premcor Refining Group, Inc.  The Refinery was again sold in September 2005 to Valero. Valero sold the Refinery to PBF Energy on June 1, 2010.  PBF Energy currently owns and operates the DCR.

The closed HWL occupies approximately 29 acres and is surrounded by security fences on all sides, except for the east side, which is adjacent to Dredge Material Storage Area (DMSA) No. 1. The eastern boundary of DMSA No. 1 is open to the Delaware River.

On September 30, 2004, the Site was issued RCRA Post-Closure Permit No. HW09A14.  This permit has expired and in August 2018, Motiva submitted a post-closure application for HWL. The application essentially seeks a continuance of the care/maintenance and monitoring program for HWL that was begun on September 30, 2004 with the issuance of Post-Closure Permit No. HW09A14.  DNREC will oversee post-closure activities through the administration of the post-closure permit.  The post-closure permit includes provisions for:

• Inspection/Maintenance Program
• Groundwater monitoring
• Detection monitoring system
• Security and access control, and
• Financial assurances.

7 Del. C., Chapters 60 and 63 and DRGHW provide the legal and regulatory basis for this permitting action.

Persons wishing to comment upon the draft permit application are invited to submit written comments. The written comments must be received no later than Wednesday, September 25, 2019. Comments must be sent to DNREC, RE: DED002329738; File Code: 16 at the address listed below. All written comments received prior to the end of the forty-five (45) day comment period will be considered when formulating the final determination. A public hearing may be held if the Department receives a meritorious request for a hearing prior to the Wednesday, September 25, 2019 deadline, or if the Secretary deems it to be in the best interest of the State to do so.

The Delaware Department Of Natural Resources and Environmental Control
Division of Waste and Hazardous Substances
Remediation Section
89 Kings Highway, Dover, DE 19901

The post-closure draft permit is on file and may be reviewed at the Dover office of DNREC (89 Kings Highway) or the New Castle office of DNREC (391 Lukens Drive). For additional information or to schedule an appointment to review this material, call Christopher L. Brown of the Remediation Section at (302) 739-9403, between the hours of 8:00 a.m. and 4:30 p.m., Monday to Friday.