The DNREC Division of Water will hold a public hearing (Docket #2022-P-W-0005) on a request by Clean Delaware LLC to renew their existing Agricultural Utilization (AGU) permit. Public comment period closed.

Clean Delaware LLC. has submitted a application requesting that their existing Agricultural Utilization (AGU) permit for the land treatment of biosolids, septage, and approved wastes be renewed under the Department’s Guidance and Regulations Governing the Land Treatment of Wastes, Part III, B., Regulations Governing the Land Treatment of Sludges and Sludge Products.

The existing permit authorizes the land application of biosolids, generated at small-volume wastewater treatment facilities that have undergone a “Process to Significantly Reduce Pathogens” (PSRP) and other approved wastes at agronomic rates, onto three non-contiguous sites comprising a total of approximately 254 acres of land suitable for crop production. The three land application sites include the Milton site, located approximately one mile northwest of Milton, the Harbeson site, located in the center of Harbeson, and the Ellendale/New Market site, located approximately two miles east of Ellendale. The existing permit also authorizes the application of lime stabilized septage, that has undergone a PSRP, at agronomic rates onto designated portions of the Milton site. Clean Delaware has requested that the Ellendale/New Market site be removed from the permit. Thus upon renewal, land application under the AGU permit would be limited to the Milton and Harbeson sites.

Clean Delaware has formally withdrawn a previous application for an AGU permit modification (Docket #2019-P-W-0023), which was the subject of a November 2019 public hearing. No final permitting decision was rendered by the Department on that application. However, Clean Delaware is pursuing those some same modifications as a component of the current permit renewal application.

For additional information on this application, contact Brian Churchill, DNREC Division of Water, by phone at 302-739-9946 or via email, at Brian.Churchill@delaware.gov.

The Department will accept public comment through the close of business on May 12, 2022. Comments will be accepted in written form via email to DNRECHearingComments@delaware.gov, using the online form at de.gov/dnreccomments, or by U.S. mail to the address below.

Public Hearing Officer

Lisa A. Vest
DNREC Office of the Secretary
89 Kings Highway
Dover, DE 19901

Transcript, Hearing Officer’s Report and Secretary’s Order

Public Hearing Transcript

Hearing Officer’s Report
– Appendix A: SWDS Draft Permit (State Permit No. AGU 220X-S-03)

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)

DNREC Exhibits

Exhibit 1: Permit Application and Project Development Report and Milton Farm Land Use Agreement

Exhibit 2: Legal notice of the Public Hearing as published in the Delaware State News and the News Journal and on the DNREC website on March 20, 2022

Exhibit 3: Guidance and Regulations Governing the Land Treatment of Wastes

Exhibit 4: Notice of the Public Hearing as posted on the State Public Meeting Calendar on March 31, 2022

Exhibit 5: DNREC Presentation

Exhibit 6: Draft Agricultural Utilization Permit

Applicant’s Exhibits

Exhibit 1: Clean Delaware Presentation