A Secretary’s Order is a written decision by the Secretary of the Department of Natural Resources and Environmental Control (DNREC) to take a final action on behalf of the Department.

A Secretary’s Order may apply to regulations established by DNREC, to permitting decisions, or to one of several types of enforcement actions taken by the Department. Where an order stems from a DNREC public hearing, a Hearing Officer’s Report is included or attached.

Learn more in A Brief Guide to Delaware’s Environmental Permitting Process.

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Oct. 28, 2024

Secretary’s Order No: 2024-W-0045 – Approving the Application of James and Meredith Bruner for a Subaqueous Lands Lease Permit.
(Effective Date: Oct. 28, 2024)

Hearing Officer’s Report
– Appendix A: Technical Response Memorandum (08/30/2024)
– Appendix B: Draft Permit and Attachments (Approved Plans, General Conditions and USACE State Programmatic General Permit)

Oct. 18, 2024

Secretary’s Order No. 2024-W-0042 – Approval of the Issuance of the Section 401 Water Quality Certification required for the utilization of the United States Army Corps of Engineers’ Individual Permit regarding the construction activities associated with the proposed offshore wind project of U.S. Wind Inc., and its related infrastructure.
(Effective Date: Oct. 18, 2024)

Hearing Officer’s Report
– Appendix A: TRM (Oct. 4, 2024)
– Appendix B: Draft WQC (Oct. 4, 2024)
– Appendix C: Indian River Bay Turbidity Minimization and Monitoring Plan (Sept. 2024)
– Appendix D: Indian River and Indian River Bay Surface Water and Sediment Assessment (Sept.13, 2024)

Sept.13, 2024

Secretary’s Order No: 2024-W-0037 – Approving the Application of Andrew and Maureen Bolduc for a Subaqueous Lands Permit.
Effective Date: Sept.13, 2024

Hearing Officer’s Report
– Appendix A: Technical Response Memorandum (June 25, 2024)
– Appendix B: Draft Subaqueous Lands Permit and General Conditions

Sept. 3, 2024

Secretary’s Order No: 2024-W-0032 – Approving the Application of Matthew Eisenmann for a Subaqueous Lands Lease Permit.
(Effective Date: Sept. 3, 2024)

Hearing Officer’s Report
– Appendix A: Technical Response Memorandum (Oct. 9, 2023)
– Appendix B: Draft Subaqueous Lands Lease Permit (with General Conditions)

Secretary’s Order No: 2024-W-0033 – Denying the Application of Carlo and Teresita Businelli for a Subaqueous Lands Lease Permit.
(Effective Date: Sept. 3, 2024)

Hearing Officer’s Report
– Appendix A: Technical Response Memorandum (Oct. 1, 2022)

June 13, 2024

Secretary’s Order No. 2024-W-0020 — Approval of Permit Applications of Sussex County Council for the Phase 2 Upgrade Expansion Project at the Inland Bays Regional Wastewater Treatment Facility (“IBRWTF”), located in Sussex County, Delaware
(Effective Date: June 13, 2024)

Hearing Officer’s Report
– Technical Response Memorandum

• Appendix I: Division’s Additional Information Letter, dated August 24, 2022
• Appendix II: County’s Response to Request for Additional Information, dated October 21, 2022
• Appendix III: Draft Forest Stewardship Plan for Fields A, B, C and D, dated October 2022
• Appendix IV: Delaware Division of Fish and Wildlife’s findings from their site inspection on September 14, 2022
• Appendix V: Red-lined revised draft Phase 2 Construction Permit
• Appendix VI: Finalized revised draft Phase 2 Construction Permit
• Appendix VII: Red-lined revised draft Operations Renewal and Modification Permit Renewal and Modification
• Appendix VIII: Finalized revised draft Operations Renewal and Modification Permit Renewal and Modification

May 10, 2024

Secretary’s Order No: 2024-WH-0017 – Approval of Permit Application of Scrap Tire Solution Inc. (“STS”) for a Solid Waste Facility Permit to aggregate scrap tires for recycling at 195 Hay Road, Wilmington, Delaware
(Effective Date: May 10, 2024)

Hearing Officer’s Report
– Appendix A: STS Technical Response Memorandum (March 27, 2024)
– Appendix B: STS Revised Draft Permit Comparison Memorandum (April 25, 2024)
– Appendix C: Revised Draft Permit

April 1, 2024

Secretary’s Order No: 2024-W-0013 — Approval of Permit Applications of Artesian Wastewater Management, Inc. (“AWMI”) for the proposed On-Site Wastewater Treatment and Disposal System (“OWTDS”) Construction Permit and the proposed OWTDS Operations Permit Amendment for the AWMI planned Phase 2 project, consisting of construction and operation of a new wastewater treatment system at the Sussex Regional Reclamation Facility (“SRRF”), located in Sussex County, Delaware.
(Effective Date: April 1, 2024)

Hearing Officer’s Report
– Appendix A: Technical Response Memo (Aug. 21, 2023)

March 12, 2024

Secretary’s Order No: 2024-A-0010 – Approving the application of Noramco Inc. for a Natural Minor Construction Permit
(Effective Date: March 12, 2024)

Hearing Officer’s Report
– Appendix A: Technical Response Memorandum (Jan. 3, 2024)
– Appendix B: Revised Draft Permit for Noramco Inc.

March 5, 2024

Secretary’s Order No. 2024-A-0008 — Approval of Permit Applications of Croda Inc. (“Croda”) for two (2) federally enforceable 7 DE Admin. Code 1102 Construction Permits concerning their facility at 315 Cherry Lane, New Castle, Delaware
(Effective Date: March 5, 2024)

Hearing Officer’s Report
– Appendix A: DAQ Transmittal Memorandum (01/03/2024)
– Appendix B: Final Draft Fire Pumps Permit
– Appendix C: Final Draft Boiler Permit

Nov. 21, 2023

Secretary’s Order No. 2023-W-0028 — Approving applications of Abby L. Pubusky and Thomas A. Taylor, II for a Subaqueous Lands Lease and a Wetlands Permit to construct a new wetland walkway and docking facility located in Herring Creek, 23854 Brant Circle, The Cove, Lewes, Sussex County, Delaware.
(Effective Date: Nov. 21, 2023)

Hearing Officer’s Report
– Appendix A: Technical Response Memorandum
– Appendix B: Draft Subaqueous Lands Lease
– Appendix C: Draft Wetlands Permit

Sept. 28, 2023

Secretary’s Order No. 2023-W-0024 — Approving the renewal of the existing agricultural utilization of waste permit of Denali Water Solutions, LLC
(Effective Date: Sept. 28, 2023)

Hearing Officer’s Report
– Appendix A: SWDS Draft Permit
– Appendix B: Technical Response Memorandum (06/08/2023)

Sept. 6, 2023

Secretary’s Order No. 2023-MULTI-0022 — Approval of Permit Applications of Bioenergy Development Company, LLC (“BDC”) for expansion of their existing organic waste composting operation to include an anaerobic digestion system, a wastewater pretreatment system and a biogas upgrading plant, located at 28338 Enviro Way, Seaford, Delaware, as follows: One (1) Division of Waste and Hazardous Substances Resource Recovery Permit; Two (2) Division of Air Quality 7 DE Admin. Code 1102 Natural Minor Permits; and Two (2) Division of Water Wastewater Facility Construction Permits
(Effective Date: Sept. 6, 2023)

Hearing Officer’s Report
– Appendix A: BDC DNREC Exhibits Page
– Appendix B: BDC Technical Response Memo (March 29, 2023)
– Appendix C: BDC Technical Response Correction Memo (April 26, 2023)
– Appendix D: Addendum TRM (July 18, 2023)
– Appendix E: DWHS (Resource Recovery) revised Draft Permit (as referenced in the TRM as “App. I”)
– Appendix F: DW (Construction of Anaerobic Digester) revised Draft Permit (as referenced in the TRM as “App. II”)
– Appendix G: DW (Construction of Pretreatment System) revised Draft Permit (as referenced in the TRM as “App. III”)
– Appendix H: DAQ (Construction of natural gas-fired emergency generator) revised Draft Permit (as referenced in the TRM as “App. IV”)
– Appendix I: DAQ (Construction of anaerobic digestion plant) revised Draft Permit (as referenced in the TRM as “App. V”)
– Appendix J: DAQ Memorandum from Jordan Matthews, P.E., to Amy Mann, P.E. (March 20, 2023), detailing the DAQ’s extensive review of both DAQ permit applications submitted by BDC
– Appendix K: BDC Addendum Corrective Memo (September 5, 2023), providing additional clarity for the benefit of the Record with regard to clerical corrections made to Appendix B noted above.

July 31, 2023

Secretary’s Order No. 2023-W-0019 — Approving the permit application of Lawton Family Marina to construct a new multi-slip marina and to authorize a boat ramp in Herring Creek, located northwest of the terminus of Sisters Lane, Millsboro, Sussex County, Delaware, thus necessitating Applicant to obtain a Marina Permit, an Operations and Maintenance Plan, and a Subaqueous Lands Lease.
(Effective Date: July 31, 2023)
Hearing Officer’s Report
– Appendix A

July 26, 2023

Secretary’s Order No. 2023-W-0018 — Finalization of Draft National Pollutant Discharge Elimination System (“NPDES”) General Permits 1 and 3 (DE 0051250 and DE 50000N/11, respectively) regarding Concentrated Animal Feeding Operations (“CAFOs”)
Effective Date: July 26, 2023
Hearing Officer’s Report
– Appendix A: Technical Response Memorandum (09/09/2022)
– Appendix B: Draft CAFO GP1 (for the renewal of NPDES Permit Number DE 5000/11)
– Appendix C: Draft CAFO GP3 (for the issuance of NPDES Permit Number DE 0051250)

June 30, 2023

Secretary’s Order No. 2023-CZ-0016 — Approving the application of FujiFilm Imaging Colorants, Inc., for a Major Modification of existing Standard Coastal Zone Permit CZA-441P, to increase production capacity from 110 Tons Per Year to 220 Tons Per Year at their facility located at 233 Cherry Lane, New Castle, Delaware. (Effective Date: June 30, 2023)
Hearing Officer’s Report
– Appendix A: Secretary’s Assessment Report (04/03/2023)
– Appendix B: Technical Response Memo (06/12/2023)
– Appendix C: Draft CZA-441M-1
– Appendix D: Draft CZA Program Decision Letter

Jan. 24, 2023

Secretary’s Order No: 2023-W-0004 — Approving the application of Allen Harim Foods, LLC, for a State of Delaware Non-Hazardous Liquid Waste Transporters Permit authorizing the collection, transportation, and disposal of non-hazardous liquid waste to Allen Harim’s Harbeson Processing Facility for treatment and disposal. (Effective Date: Jan. 23, 2023)
Hearing Officer’s Report
– Appendix A: Technical Response Memorandum

Jan. 3, 2023

Secretary’s Order No. 2023-W-0001 — Approving the Application of Clean Delaware, LLC, for renewal of their existing Agricultural Utilization (“AGU”) Permit (State Permit Number AGU 220X-S-03). (Effective Date: Jan. 3, 2023)
Hearing Officer’s Report
– Appendix A: SWDS Draft Permit (State Permit No. AGU 220X-S-03)

Secretary’s Order No. 2023-W-0002 — Approving the Permit Application of Midway Services, Inc. (“Midway”), requesting an Amendment to existing State of Delaware Non-Hazardous Liquid Waste Transporters Permit No. DE WH-152, authorizing the transportation of septage by Midway to Clean Delaware, LLC (“Clean DE”) as an additional site for final disposal (Effective Date: Jan. 3, 2023)
Hearing Officer’s Report
– Appendix A: Technical Response Memorandum

May 16, 2022

Secretary’s Order No. 2022-A-0008 — Approving Delaware City Refining Company (“DCRC”) revised Draft Title V Permit Renewal for the Delaware City Refinery (“DCR”), located on a 5,000-acre tract between U.S. Route 13 and Delaware Route 9, at 4550 Wrangle Hill Road, Delaware City, Delaware. (Effective Date: May 16, 2022)
Hearing Officer’s Report
– Appendix A: Technical Response Memo
– Appendix B: Proposed Permit Renewal

Dec. 21, 2021

Secretary’s Order No. 2021-W-0034 — Approving Permit Applications of Artesian Wastewater Management, Inc. (“Artesian”), for (1) Wastewater Facilities Construction Permit Application and associated Draft Permit (WPCC 3007/20) (“Force Main Construction Permit Application”); and (2) On-Site Wastewater Treatment and Disposal System Operations Permit Amendment for the Beaver Creek Wastewater Treatment Facility (“Beaver Creek Permit Amendment”) (Effective Date: Dec. 21, 2021)
Hearing Officer’s Report

Sept. 30, 2021

Secretary’s Order No. 2021-W/CCE-0026 — Approving Diamond State Port Corporation (“DSPC”) Wetlands and Subaqueous Lands Section (“WSLS”) Permit Application for a Subaqueous Lands Permit from the Division of Water and Federal Consistency Certification from the Division of Climate, Coastal and Energy’s Delaware Coastal Management Program (“DCMP”) for the DSPC’s proposal to construct a new container port on the Delaware River at DSPC’s Edgemoor property, located at 4600 Hay Road, New Castle County, Delaware. (Effective Date: Sep. 30, 2021)
Hearing Officer’s Report

Aug. 17, 2021

Secretary’s Order No. 2021-A-0023 — Approving the application of Croda, Inc., for modification of the existing federally enforceable 7 DE Admin. Code 1102 Construction Permit (APC-2016/0068-CONSTRUCTION [Amendment 4] [NSPS] [MACT] [VOC RACT] [MMNSR] [FE]) for the 30,000 tons per year (“TPY”) Ethylene Oxide (“EO”) plant located at the Atlas Point facility, 315 Cherry Lane, New Castle, Delaware. (Effective Date: Aug. 17, 2021)
Hearing Officer’s Report

Aug. 10, 2021

Secretary’s Order No: 2021-A-0020 — Approving an Application of Atlantic Concrete Company Inc. for a Natural Minor Construction Permit (Effective Date: Aug. 10, 2021)
Hearing Officer’s Report

July 23, 2021

Secretary’s Order No. 2021-CZ-0019 — Approving the application of FujiFilm Imaging Colorants, Inc., for a Coastal Zone Act Permit to construct and operate a new manufacturing plant to produce high-performance aqueous pigment dispersions at an existing building located at its facility at 233 Cherry Lane, New Castle, Delaware 19720 (Effective Date: July 23, 2021)
Hearing Officer’s Report

April 29, 2021

Secretary’s Order No. 2021-WH-0014 — Approving a Diamond State Port Corporation (“DSPC”) Resource Conservation and Recovery Act (“RCRA”) Corrective Action Permit (“CAP”) Renewal for the DSPC Edge Moor property, located at 4600 Hay Road, New Castle County, Delaware (Effective Date: April 29, 2021)
Hearing Officer’s Report

April 27, 2021

Secretary’s Order No: 2021-W-0012 — Approving the On-Site Wastewater Treatment and Disposal System Operations Permit Application of Allen Harim Foods, LLC (“Allen Harim”) to treat poultry processing wastewater at its Harbeson Processing Facility in Harbeson, Delaware. (Effective Date: April 27, 2021)
Signed Permit 597261-01
Hearing Officer’s Report

March 16, 2021

Secretary’s Order No. 2021-W-0010 — Approving the application of Synagro Technologies, Inc./Philadelphia Renewable Bio-Fuels, LLC, for a Distribution and Marketing Permit for the distribution and marketing of Class A/Exceptional Quality biosolids fertilizer products throughout the State of Delaware (Effective Date: March 16, 2021)
Hearing Officer’s Report

March 8, 2021

Secretary’s Order No: 2021-W-0007 — Approving the application submitted by 204 Salisbury Exchange, LLC for a Subaqueous Lands Lease to construct and utilize a residential pier, two docks, and mooring pilings in Head of Bay Cove, Rehoboth Bay, at 204 Salisbury Street, Rehoboth, Sussex County, DE in accordance with 7 DE Admin. Code 7504 – Regulations Governing the Use of Subaqueous Lands. (Effective Date: March 8, 2021)
Hearing Officer’s Report

Jan. 11, 2021

Secretary’s Order No. 2021-W-0003 — Approving an On-Site Wastewater Treatment and Disposal System (“OWTDS”) Construction Permit Application and OWTDS Operations Modification and Renewal Permit Application for Mountaire Farms of Delaware, Inc.’s Poultry Processing Complex located in Millsboro, Delaware (Effective Date: Jan. 11, 2021)
Hearing Officer’s Report

Jan. 7, 2021

Secteray’s Order No. 2021-W-0002 — Approving the Wastewater Facilities Construction Permit Application of Artesian Wastewater Management, Inc., to Construct an Effluent Force Main to Spray Fields “D” and “E” at Artesian’s Sussex Regional Recharge Facility (“SRRF”) located north of Milton, Delaware (Effective Date: Jan. 7, 2021)
Hearing Officer’s Report

Dec. 23, 2020

Secretary’s Order No. 2020-W-0037 — Approving Perdue Foods, LLC’s Application to Renew National Pollutant Discharge Elimination System (“NPDES”) Permit No. DE 0000469 (State No. WPCC 301F/74) for its Poultry Processing Plant at 20621 Savannah Road in Georgetown, Delaware. (Effective Date: Dec. 23, 2020)
Hearing Officer’s Report

Dec. 21, 2020

Secretary’s Order No. 2020-W-0036 — Approving the permit application of Christopher At the Townes At Bayshore Village, LLC, to construct and operate a new 18 slip community marina, to mechanically maintenance dredge in portions of public subaqueous lands southeast of Lighthouse Cove Lane, and in two unnamed private lagoons, located at the terminus of Lighthouse Cove Lane, and to dispose of the dredged material on-site via sealed dump truck to an enclosed area to be incorporated within a landscaped berm located east of Lighthouse Cove Lane, Fenwick Island, Sussex County, Delaware, thus necessitating Applicant to obtain the following: (1) a Marina Permit; (2) a Subaqueous Lands Lease; (3) a Subaqueous Lands Permit; and (4) Water Quality Certification. (Effective Date: Dec. 21, 2020)
Hearing Officers Report
– Appendix A: Technical Response Memorandum

June 15, 2020

Secretary’s Order No. 2020-WH-0018 — Approving the Proposed Plan of Remedial Action for the General Motors Wilmington Assembly Plant – Operable Unit 4 (Effective Date: June 15, 2020)
Hearing Officer’s Report

April 6, 2020

Secretary’s Order No. 2020-CZ-0010 — Approving the Application of AgroRefiner, LLC, for a Coastal Zone Act Permit to Operate a New Hemp Extraction Facility at an Existing Warehouse located at 51 Steel Drive, New Castle, Delaware 19720. (Effective Date: April 6 , 2020)
Hearing Officer’s Report

March 30, 2020

Secretary’s Order No: 2020-W-0009 — Approving the application of NaturaLawn of America Inc., for a Distribution and Marketing Permit for the distribution and marketing of Class A/Exceptional Quality biosolids fertilizer products throughout the State of Delaware. (Effective Date: March 30, 2020)
Hearing Officer’s Report

March 18, 2020

Secretary’s Order No. 2020-W-0008 — Approving the On-Site Wastewater Treatment and Disposal System Operations Permit Application for treated wastewater effluent disposal via spray irrigation by Artesian Wastewater Management, Inc. (“Artesian”), at Artesian Northern Sussex Regional Water Recharge Facility (“ANSRWRF”) located in Milton, Delaware (Effective Date: March 18, 2020)
Signed Permit 359288-02
Hearing Officer’s Report

March 17, 2020

Secretary’s Order No. 2020-WH-0007 — Approving the Permit Modification Application of Waste Management, Inc., to allow Delaware Recyclable Products, Inc. (“DRPI”) a Design Elevation Revision and permit the vertical expansion of the DRPI Landfill from 130 feet Mean Sea Level (“MSL”) to 140 feet MSL at 246 Marsh Lane, New Castle, Delaware 19720. (Effective Date: March 16, 2020)
Hearing Officer’s Report

Feb. 26, 2020

Secretary’s Order No. 2020-W-0005 — Approving the application of Delmarva Power & Light for a Subaqueous Lands Lease (SL-413/19) for the Delmarva Power White Creek Utility Crossing Project, to wit: to install a sixteen ­inch diameter by 564-foot long 25kV electric distribution line by directional bore at a minimum depth of 20 feet below the mudline of White Creek in Ocean View, Sussex County, Delaware. (Effective Date: Feb. 26, 2020)
Hearing Officer’s Report

Dec. 15, 2019

Secretary’s Order No. 2019-CZ-0049 — Application of Delaware Storage and Pipeline Company, for a Coastal Zone Act Permit to construct a new storage building and undergo a process change to inject chemicals into the jet fuel supplied to Dover Air Force Base onsite at its existing facility located at 987 Port Mahon Road, Little Creek, Delaware.
Hearing Officer’s Report

Dec. 4, 2019

Secretary’s Order No. 2019-W-0045 — Permit Application of Sargio Corporation to conduct mechanical maintenance dredging of approximately 3,500 cubic yards of sediment from Bay Vista Marina, and to dispose such sediment material on an adjacent upland lot located in Rehoboth Beach, Sussex County, Delaware, thus necessitating Applicant to obtain a Subaqueous Lands Permit and Water Quality Certification.
Hearing Officer’s Report

Oct. 17, 2019

Secretary’s Order No. 2019-W-0040 — Permit Application of Sunrise Ventures, LLC, to construct a new 20 slip community marina, to install shoreline stabilization, and to conduct maintenance dredging in the Lewes and Rehoboth Canal, located south of the intersection of Kaitlyn Drive and Oyster House Road, Rehoboth Beach, Sussex County, Delaware, thus necessitating Applicant to obtain the following: (1) a Marina Permit; and (2) a Subaqueous Lands Permit and Water Quality Certification.
Hearing Officer’s Report

Sept. 29, 2019

Secretary’s Order No. 2019-CZ-0039 — Application of Veolia North America Regeneration Services, LLC, for a Coastal Zone Act Permit to increase its sulfuric acid regeneration production from 550 Tons Per Day (“TPD”) to 750 TPD at its Red Lion facility located at 766 Governor Lea Road, New Castle, Delaware.
Hearing Officer’s Report

Aug. 19, 2019

Secretary’s Order No. 2019-A-0036 — Natural Minor Permit Application of Walan Specialty Construction Products, LLC, pursuant to 7 DE Admin. Code 1102, to construct and operate a Granulated Blast Furnace Slag Grinding, Drying, and Processing Facility, located at 501 Christiana Avenue, Wilmington, Delaware.
Hearing Officer’s Report

June 25, 2019

Secretary’s Order No. 2019-A-0028 — Applications of Mountaire Farms of Delaware, Inc., to amend its existing Reg. No. 1102 Natural Minor Permit to allow for the following: (1) replacement of an existing hammermill baghouse with an AirLanco baghouse; and (2) replacement of an existing pellet cooler with an electric Hayes & Stolz pellet cooler at its Millsboro facility, located at 29106 John J. Williams Highway, Millsboro, in Sussex County, Delaware.
Hearing Officer’s Report

April 22, 2019

Secretary’s Order No. 2019-A-0019 — Permit applications of Diamond State Generating Partners, LLC/Bloom Energy, pursuant to 7 DE Admin. Code 1102, to upgrade the fuel cell units at both its Brookside and Red Lion facilities, located in Newark, Delaware, and New Castle, Delaware, respectively.
Hearing Officer’s Report

March 5, 2019

Secretary’s Order No. 2019-W-0015 — Revised application of TAC Beacon 1, LLC, to construct and operate a minor marina, including a community structure, 12-slip marina (to consist of 10 boat slips and 2 personal watercraft slips), and a single-lane boat ramp in White Creek, located at The Solitudes of White Creek Community, Ocean View, Sussex County, Delaware, necessitating Applicant to obtain the following: (1) a Marina Permit; and (2) a Subaqueous Lands Lease.
Hearing Officer’s Report included

Dec. 5, 2018

Secretary’s Order No. 2018-W-0069 — Application of Dogfish Head Craft Brewery to amend its existing Agricultural Utilization Permit, State Permit Number AGU 1406-S-05, to include an additional land application site known as the Young Farm, located approximately 4 miles southwest of the Town of Milton in Sussex County, Delaware.
Hearing Officer’s Report and technical response memorandum included

Nov. 14, 2018

Secretary’s Order No. 2018-W-0060 — Application of Silver Run Electric, LLC, to construct a 230-kilvolt alternating current (AC) electric transmission line, connecting the PSE&G Hope Creek Substation expansion on Artificial Island, Salem County, New Jersey, to the proposed Silver Run Substation located at 471 Silver Run Road, Middletown, Delaware, thus necessitating Applicant to obtain the following: (1) Wetlands Permit (WE-413/18); and (2) Subaqueous Lands Lands Lease (SL-413/18)
Hearing Officer’s Report included

Secretary’s Order No. 2018-WH-0058 — Application of Blessing Greenhouses and Compost Facility, Inc., for a State of Delaware Solid Waste Transporter Permit
Hearing Officer’s Report included

Sept. 10, 2018

Secretary’s Order No. 2018-W-0050 — Application of Denali Water Solutions to amend its existing Non-Hazardous Liquid Waste Transporters Permit No. DE 0H-601 to include the transporting of industrial process wastewater from a de-boning operation at Allen Harim’s Millsboro facility to Allen Harim’s Harbeson facility
Hearing Officer’s Report and technical response memorandum included

Secretary’s Order No. 2018-W-0049 — Application of Mountaire Farms of Delaware, Inc., for renewal of its existing Non-Hazardous Liquid Waste Transporters Permit (DE OH-091)
Hearing Officer’s Report and technical response memorandum included

Secretary’s Order No. 2018-W-0048 — Application of Chesapeake Environmental Services, LLC, to amend its existing Non-Hazardous Liquid Waste Transporters Permit No. DE WH-213 to include the transporting of sludge from a two (2) million-gallon lagoon at Allen Harim’s Millsboro facility to Allen Harim’s Harbeson facility
Hearing Officer’s Report and technical response memorandum included

Aug. 8, 2018

Secretary’s Order No. 2018-A-0046 — Application of Mountaire Farms of Delaware, Inc., to amend its existing Reg. 1102 Natural Minor Permit to allow for replacement of two (2) existing baghouses with two (2) new reverse air flow baghouses for Receiving Pit Nos. 1 and 3 at its Millsboro facility, located at 29106 John J. Williams Highway, Millsboro, in Sussex County, Delaware.
Hearing Officer’s Report and technical response memorandum included

Aug. 2, 2018

Secretary’s Order No. 2018-W-0045 — Application of Hometown Angola Beach, LLC, to construct a major marina alteration to Angola Beach and Estates Marina by installing an additional fifty-two (52) slips to its existing seventy-six (76) slip Marina, thus necessitating Applicant to obtain the following: (1) Renewal/Amendment of the existing Marina Permit; (2) a Subaqueous Lands Permit and Water Quality Certification; and (3) Renewal/Amendment of the existing Subaqueous Lands Lease
Hearing Officer’s Report and technical response memorandum included

Secretary’s Order No. 2018-W-0044 — Application of Angola By The Bay, Property Owners Association, to construct and operate an additional twenty-four (24) slips to its existing 130-slip Marina, thus necessitating Applicant to obtain the following: (1) Renewal Amendment of the existing Marina Permit; (2) a Subaqueous Lands Permit and Water Quality Certification; and (3) Renewal Amendment of the existing Subaqueous Lands Lease
Hearing Officer’s Report and technical response memorandum included

July 31, 2018

Secretary’s Order No. 2018-A-0043 — Application of Luther Towers II for an Air Quality Permit to construct and operate one diesel generator, located at 1420 North Franklin Street, Wilmington, Delaware
Hearing Officer’s Report and technical response memorandum included

July 18, 2018

Secretary’s Order No. 2018-W-0038 — Delaware City Refining Company, LLC’s Application to Renew National Pollutant Discharge Elimination System Permits for its Delaware City Refinery and Delaware City Power Plant at 4550 Wrangle Hill Road, Delaware City in New Castle County
Hearing Officer’s Report and technical response memorandum included

May 30, 2018

Secretary’s Order No. 2018-CZ-0033 — Application of Essential Minerals, LLC, for a Coastal Zone Act Permit to construct and operate a calcium carbonate (limestone) powder manufacturing facility at 901 A/B
Lambson Lane, New Castle, Delaware
Hearing Officer’s Report and technical response memorandum included

April 3, 2018

Secretary’s Order No. 2018-W-0021 — Application for a Sludge Storage Permit of Mountaire Farms of Delaware, Inc. for its Millsboro Poultry Processing Complex at 29005 John J. Williams Highway, Millsboro, Sussex County
Hearing Officer’s Report and technical response memorandum included

Feb. 1, 2018

Secretary’s Order No. 2018-W-0003 — Bayville Communities, LLC’s Application for Permission under the Subaqueous Lands Act to Construct and Operate The Overlook Community Marina on Little Assawoman Bay, Selbyville, Sussex County
Hearing Officer’s Report and technical response memorandum included

Nov. 3, 2017

Secretary’s Order No. 2017-W-0029 — Artesian Wastewater Management, Inc.’s Application to Amend the Construction Permit for Phase 1 of the Artesian Northern Sussex Regional Water Recharge Facility near Milton, Sussex County.
Hearing Officer’s Report and technical response memorandum included

Oct. 31, 2017

Secretary’s Order No. 2017-W-0026 — DAIM Farm, LLC’s Application for a National Pollutant Discharge Elimination System General Permit No. DE SOOON/11 for its Poultry Concentrated Animal Feeding Operations at 1735 Woodyard Road, Harrington, Kent County
Hearing Officer’s Report and technical response memorandum included

Oct. 24, 2017

Secretary’s Order No. 2017-A-0025 — Application of the Delaware City Refining Company, LLC and the Delaware City Logistics Company, LLC to Amend Air Pollution Control Permits to Construct and Operate Equipment for the Ethanol Marketing Project at the Delaware City Refinery, 4550 Wrangle Hill Road, Delaware City, New Castle County
Hearing Officer’s Report and technical response memorandum included

Sept. 25, 2017

Secretary’s Order No. 2017-A-0024  — Hercules, LLC’s Application for an Air Pollution Control Permit to Operate Spray Drying Equipment at 500 Hercules Road, Wilmington, New Castle County
Hearing Officer’s Report and technical response memorandum included

Sept. 6, 2017

Secretary’s Order No. 2017-W-0022 — Reconsideration of an Application for a Subaqueous Lands Act Lease, a Marina Permit, and a Water Quality Certification for the Waters Run Community Marina on Dirickson Creek near Frankford, Sussex County
Hearing Officer’s Report and technical response memorandum included

May 25, 2017

Secretary’s Order No. 2017-W-0014 — The City of Rehoboth Beach’s Consolidated Applications Seeking Regulatory Approvals for the Construction and Operation of a Treated Effluent Pumping Station, a Force Main, and an Ocean Outfall in Rehoboth Beach, Sussex County.
Hearing officer’s report and technical response memoranda included

Feb. 10, 2017

Secretary’s Order No. 2017-W-0006 — Stephen and Johanna Owsiany’s Application to Use Subaqueous Lands for a Boat Dock in the Indian River Offshore of 32472 Road, Millsboro, Sussex County
Hearing Officer’s Report and technical response memorandum included

Jan. 23, 2017

Secretary’s Order No. 2017-A-0003. — Johnson Controls Battery Group, Inc.’s Applications for Air Quality Permits for its Lead Acid Battery Manufacturing Plant at 700 North Broad Street, Middletown, New Castle County
Hearing Officer’s Report and technical response memorandum included

Dec. 28, 2016

Secretary’s Order No. 2016-CZ-0050. — Delaware City Refining Company, LLC’s Application for a Coastal Zone Act Permit for its Ethanol Marketing Project, at the Delaware City Refinery, 4550 Wrangle Hill Road, New Castle, New Castle County (CZA Permit No. 427P)
Hearing Officer’s Report and technical response memorandum included

Oct. 31, 2016

Secretary’s Order No. 2016-CZ-0043 — Ultrachem, lnc.’s Application for a Coastal Zone Act Permit to Expand Manufacturing of Synthetic Lubricants at 900 Centerpoint Boulevard, New Castle, New Castle County (CZA Permit No. 426P)
Hearing Officer’s Report and technical response memorandum included

Sept. 2, 2016

Secretary’s Order No. 2016-S-0038. — Stanley Walcek’s Application for a Federal Consistency Determination for the Mews of Bethany Development, Bethany Beach, Sussex County
Hearing officer’s report and technical response memoranda included

Aug. 18, 2016

Secretary’s Order No. 2016-W-0031 — Allen Harim Foods, LLC’s Application for a Permit to Construct Phase II Upgrade to its Harbeson Poultry Processing Plant’s Wastewater Treatment Facility at 18752 Harbeson Road, Harbeson, Sussex County
Hearing Officer’s Report and technical response memorandum included

May 31, 2016

Secretary’s Order No. 2016-W-0021. — Kent County Levy Court’s Application for an Agricultural Use Permit to Apply Class B Bio-solids at Vineyard Farm, Carpenters Bridge Road, Frederica, Kent County
Hearing Officer’s Report and technical response memorandum included

Secretary’s Order No. 2016-CZ-0022. — Application of MAGCO, Inc., for a Coastal Zone Act Permit to increase production/throughput capacity at its existing sea salt packaging facility located at 341 Pigeon Point Road, New Castle, Delaware
Hearing Officer’s Report and technical response memorandum included

April 21, 2016

Secretary’s Order No. 2016-CZ-0016 — Application of Mountaire Farms of Delaware, Inc. for a Coastal Zone Act Permit To Expand its Feed Mill Manufacturing Capacity at 29106 John J. Williams Highway, Millsboro, Sussex County, Delaware (CZA Project No. 423P)
Hearing Officer’s Report and technical response memorandum included

Secretary’s Order No. 2015-A-0021 — Mountaire Farms of Delaware, Inc.’s Application to Amend Air Pollution Control Permits APC-2014/0091 (#2 Pellet Cooler) and APC-2014/0093 (Hammermills) at its Millsboro Feed Mill at 29106 John J. Williams Highway, Millsboro, Sussex County, Delaware
Hearing Officer’s Report and technical response memorandum included

March 30, 2016

Secretary’s Order No. 2016-W-0008 — Approving Draft National Pollutant Discharge Elimination System General Permit No. DE 5000N/11 for Large, Medium, and Designated Poultry Concentrated Animal Feeding Operations with No Land Application of Manure
Hearing Officer’s Report and technical response memorandum included

March 18, 2016

Secretary’s Order No. 2016-CZ-0012 — Application of Praxair Distribution, Inc. for a Coastal Zone Act Permit for Manufacturing Dry Ice at 4550 Wrangle Hill Road, New Castle, New Castle County (CZA Project No. 422P)
Hearing officer’s report and technical memorandum included

Dec. 30, 2015

Secretary’s Order No. 2015-WHS-0048 — Delaware Recyclable Products, Inc.’s Application to Renew and Amend the Solid Waste Facility Permit for Its Industrial Waste Landflll at 246 Marsh Lane, New Castle, New Castle County, Delaware
Hearing Officer’s Report and technical response memorandum included

Secretary’s Order-No-2015-W-0045 — Application of Herholdt Properties, LLC for a subaqueous lands act permit to improve a road crossing for an unnamed tributary of Church Branch adjacent to 10200 Benson Road, Lincoln, Sussex County, Delaware
Hearing Officer’s Report and technical response memorandum included

Dec. 18, 2015

Secretary’s Order No. 2015-W-0046 — Allen Harim Foods, LLC’s Applications for a Wastewater Facility Construction Permit and a National Pollutant Discharge Elimination System Permit (NPDES Permit # DE 0000299 and State Permit WPCC 313F/76) for its poultry processing plant at 18752 Harbeson Road, Harbeson, Sussex County
Hearing Officer’s Report and technical response memorandum included

Nov. 25, 2015

Secretary’s Order No. 2015-W-0001 — Application of Dogfish Head Craft Brewery, Inc. to Renew Non-Hazardous Liquid Waste Transporters Permit DE OH-103
Hearing Officer’s Report and technical response memorandum included

Sept. 29, 2015

Secretary’s Order No. 2015-A-0033 — Application of Diamond Materials, LLC to Amend Air Pollution Control Permit APC-2008/0087 to Construct/Operate a Roving Rock Crusher, an Impactor and a Screener at 200 Marsh Lane, New Castle, New Castle County
Hearing Officer’s Report included

Sept. 3, 2015

Secretary’s Order No. 2015-CZ-0034 — Application of Praxair, Inc. for a Coastal Zone Act Permit for Manufacturing Carbon Dioxide and Nitrogen at 4550 Wrangle Hill Road, New Castle, New Castle County (CZA Project No. 420P)
Hearing Officer’s Report included

July 30, 2015

Secretary’s Order No. 2015-CZ-0028 — Application of Techmer Engineered Solutions, LLC, for a Coastal Zone Act Permit to manufacture uniform, compounded, engineering plastic resin pellets in an existing steel and masonry commercial structure located at 1600 Johnson Way in the Centerpoint Business Complex, New Castle, Delaware
Hearing Officer’s Report included

July 10, 2015

Secretary’s Order No. 2015-A-0026 — Application of Green Recovery Technologies, LLC, for a Regulation 1102 Air Quality Management Permit (as a natural minor facility) for its Protein Loadout
Station Dust Collector Unit at 42 Lukens Drive in the Riveredge Industrial Park, New Castle, Delaware
Hearing Officer’s Report included

Secretary’s Order No. 2015-CZ-0025 — Application of Green Recovery Technologies, LLC, for a Coastal Zone Act Permit to construct and operate a facility that chemically separates high quality proteins and fats from poultry fines feedstock into high quality feed ingredients for animal nutrition markets, at 42 Lukens Drive in the Riveredge Industrial Park, New Castle, Delaware
Hearing Officer’s Report included

April 13, 2015

Secretary’s Order No. 2015-A-0005 — Application of Delaware City Refining Company, LLC to Renew Regulation 1130 Air Quality Management Title V State Operating Permit
Hearing Officer’s Report and technical response memorandum included

April 11, 2015

Secretary’s Order No. 2015-CZ-0011 — Application of Croda, Inc., for a Coastal Zone Act Permit to construct and operate a facility for the on-site manufacture of ethylene oxide from ethanol feedstock in a continuous multi-step catalyzed process at their facility located at 315 Cherry Lane, New Castle, Delaware

April 9, 2015

Secretary’s Order No. 2015-CZ-0013 — Application of Delaware City Refining Company, LLC for a Coastal Zone Act Permit for an Expansion of a Pre-existing Non-conforming Use for Manufacturing Low Sulfur Fuels at the Delaware City Refinery, 4550 Wrangle Hill Road, New Castle, New Castle County (CZA Project No. 418P)
Hearing Officer’s Report included

April 2, 2015

Secretary’s Order No. 2015-W-0006 — Application of City of New Castle, New Castle County, for Water Quality Certification and Subaqueous Lands Act, authority to construct and use a public community pier and dock in the Delaware River extending channelward from the end of Delaware Street, New Castle, New Castle County.
Hearing Officer’s Report included

Dec. 3, 2014

Secretary’s Order No. 2014-S-0025 — Application of Delaware City Refining Company, LLC for Federal Coastal Zone Management Act Consistency Determination for Shoreline Restoration Project along the Delaware River near Delaware City, New Castle County
Hearing Officer’s Report included

Oct. 20, 2014

Secretary’s Order No. 2014-WH-0023 — Application of Peninsula Compost Company LLC to Renew Beneficial Use Determination for the Wilmington Organic Recycling Center in Wilmington, New Castle County
Hearing officer’s report and Composting Approval for Closure Activities included

July 15, 2014

Secretary’s Order No. 2014-A-0011 — Application of Mountaire Farms of Delaware, Inc., to Amend Air Pollution Control Operating Units APC-2011/0080, 2011/0081-APC/2011/0082 (thermal oxidizers), 2011/0083-2011/0085 (scrubbers) at the Millsboro Plant, Millsboro, Sussex County
Hearing Officer’s Report and technical response memorandum included

June 30, 2014

Secretary’s Order No. 2014-W-0010 — Permit Applications of Blessing Greenhouses and Compost Facility and Isdell Sanitation and Pumping Service, to wit: (1) Renewal of Blessing Greenhouses and Compost Facility’s Distribution and Marketing Permit (DM 1102-S-03), pursuant to 7 DE Admin. Code 7103 §§ 100.0 – 160, Guidance and Regulations Governing the Land Treatment of Waste, 7 DE Admin. Code §7201, Regulations Governing the Control of Water Pollution; and (2) Modification of Isdell Sanitation and Pumping Service’s Agricultural Utilization Permit (AGU 1003-S-05), pursuant to Part V of the aforementioned Guidance and Regulations Governing the Land Treatment of Waste, to add additional safeguards and to address concerns of both the Department and the citizens of the State of Delaware.
Hearing officer’s report and information about DNREC technical response memorandum included

Feb. 12, 2014

Secretary’s Order No. 2014-WH-0002 — Approval of Amended Final Plan of Remedial Action for Toni Cleaners Site (SIRS DE-1005) at 1606 Kirkwood Highway Wilmington, New Castle County
Hearing Officer’s Report included

Jan. 15, 2014

Secretary’s Order No. 2014-A-0001 — Application of Calpine Mid-Atlantic Generation, LLC to Renew an Air Pollution Control Permit (Regulation 1130’s Title V State Operating Permit Program) for the Hay Road Energy Center, Wilmington, New Castle County
Hearing Officer’s Report included

Related Topics:  administrative law, orders, permitting, permitting and regulation, secretarys orders