Public Hearing: Clean Delaware Agricultural Utilization Permit Renewal

Division of Water

Published: March 20, 2022
Comments Due: May 12, 2022

The Department of Natural Resources and Environmental Control (DNREC), Division of Water, Surface Waters Discharges Section (SWDS), will conduct a public hearing (Hearing Docket #2022-P-W-0005) on Wednesday, April 27, 2022, beginning at 6:00 p.m. to consider comments from the public on Clean Delaware, LLC’s (Clean Delaware’s) request for renewal of their existing Agricultural Utilization (AGU) permit (State Permit Number AGU 1702-S-03). The SWDS has received Clean Delaware’s renewal application regarding their existing AGU permit. The application has been considered administratively complete and sufficient to proceed to public hearing.

The existing AGU 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, Delaware, the Harbeson site, located in the center of Harbeson, Delaware, and the Ellendale/New Market site, located approximately two miles east of Ellendale, Delaware. The existing AGU 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 AGU permit, thus upon renewal, land application under the AGU permit would be limited to the Milton and Harbeson sites.

Notice is hereby given that Clean Delaware LLC. has submitted a permit application requesting that their existing AGU permit for the land treatment of biosolids, septage, and approved wastes, at the aforementioned land application sites, 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, which allows for such activity pending public notice. The Department further provides notice that Clean Delaware, LLC formally withdrew its previous application for an AGU permit modification (Hearing Docket #2019-P-W-0023), which was the subject of a prior public hearing held on November 20, 2019. No final permitting decision was rendered by the Department on that application (as it was withdrawn by the Applicant), however, Clean Delaware is pursuing those same modifications as a component of this present permit renewal application.

For additional information on the above matter, and to review Clean Delaware’s permit application and supporting documents online, visit the DNREC Public Hearings site at or contact Brian Churchill, Division of Water, SWDS, 89 Kings Highway, Dover, DE 19901; by phone at 302-739-9946; or via email, at

Virtual Meeting Information

The web link to the virtual hearing can be accessed through the DNREC Public Hearings site at When joining the virtual hearing, if prompted for a password, use CleanDE. To access the audio-only portion of the virtual hearing, dial in at 1-408-418-9388 and enter event code 2345 394 4933. Closed captioning is available by request if made at least 7 days before the event.

Those wishing to offer verbal comments during DNREC virtual public hearings must pre-register no later than noon on the date of the virtual hearing at or by telephone at 302-739-9295.

The Department will also accept written public comments through the close of business on Thursday, May 12, 2022. Comments pertaining to the above matter will be accepted in written form via email to, using the online form at, or by U.S. mail to the address below:

Lisa A. Vest, Hearing Officer
Office of the Secretary
Department of Natural Resources and Environmental Control
89 Kings Highway
Dover, DE 19901