Notification of Public Comment for a Brownfield Development Agreement for the Borden Chemical Co Smyrna Site (DE-0022)

Division of Waste and Hazardous Substances

Published: Dec. 3, 2023
Comments Due: Dec. 22, 2023

Pursuant to the Hazardous Substance Cleanup Act (HSCA), 7 Del. C. Chapter 91, §9126, the Department of Natural Resources and Environmental Control (DNREC) is required to issue a public notice within twenty days after entering into negotiations for a Brownfield Development Agreement (BDA). A BDA is an agreement between DNREC and a Brownfield developer with respect to a Certified Brownfield Site that sets forth a scope of work and schedule of remedial activities during the development of the Site.

DNREC’s Remediation Section (DNREC-RS) negotiated a BDA with Wheatleys Pond Plaza LLC. regarding the Borden Chemical Site (Site), located at 4474 Wheatleys Pond Road, Clayton Delaware. Identified by Kent County as tax parcel numbers 3-00-018000-01-1300-00001, the Site may have had a release of hazardous substances as a result of historical activities on site. For more information, please see DNREC’s navigator at:

The public comment period begins on Sunday, December 3, 2023, and will end at the close of business on Friday, December 22, 2023. Please submit written comments to the DNREC-RS Project Manager Mariya Chiger, at DNREC-RS, 391 Lukens Drive, New Castle, DE 19720, or via e-mail to

A copy of the BDA is available by accessing the DNREC-RS’ site files database at

Learn more about this Site and other Certified Brownfield sites by accessing the web page at or by contacting the DNREC-RS Project Manager, Mariya Chiger at (302) 395-2600 or