Enforcement Orders

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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.

Regulatory Orders Permitting Orders Enforcement Orders

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.

Nov. 26, 2024

Secretary’s Order No. 2024-WH-0048 — Notice of Administrative Penalty Assessment and Secretary’s Order to Windsor, Inc. for violation of Title 7, Chapter 60, Subchapter IX of the Delaware Code.

Secretary’s Order No. 2024-WH-0047 — Notice of Administrative Penalty Assessment and Secretary’s Order issued to Hat World, Inc. (Lids retail store) for violation of Title 7, Chapter 60, Subchapter IX of the Delaware Code.

On Oct. 11, 2024, Department representatives observed plastic carry out bags being distributed at the point of sale at the Windsor and Lids retail stores at Christiana Mall, in Newark, in violation of Title 7, Chapter 60, Subchapter IX of the Delaware Code. As a result, the Department is requiring Windsor, Inc. and Hat World, Inc. to pay a penalty of $750 and to refrain from furnishing plastic bags to customers.

Nov. 13, 2024

Secretary’s Order No. 2024-A-0046 — Conciliation Order by Consent and Secretary’s Order to Enstructure Wilmington Holdings, LLC. and Ecolab Inc. to ensure compliance with 7 Del. C. Chapter 60 in fumigation activities at the Port of Wilmington.

Oct. 22, 2024

Secretary’s Order No. 2024-WH-0044 — Notice of Administrative Penalty Assessment and Secretary’s Order to Delaware Auto Salvage, Inc., and the owners of properties in New Castle on which Delaware Auto Salvage operated an automobile salvage yard, for violations of Delaware’s Regulations Governing Solid Waste and Delaware’s Regulations Governing Hazardous Waste.

Delaware Auto Salvage was a generator of both hazardous waste and used oil, and an operator of an unpermitted solid waste facility. Following complaints and a compliance inspection by DNREC in 2022, the Department issued an order to cease and desist on Dec. 16, 2022 (Secretary’s Order 2022-WH-0026). Delaware Auto Salvage was required to correct the violations, which has yet to be achieved, and submit a penalty payment.

Secretary’s Order No. 2024-WH-0043 — Notice of Administrative Penalty Assessment and Secretary’s Order to DIVI Enterprises, LLC, and the owners of properties in New Castle on which DIVI Enterprises operates an automobile salvage yard, for violations of Delaware’s Regulations Governing Solid Waste and Delaware’s Regulations Governing Hazardous Waste.

Divi Enterprises is a very small quantity generator of hazardous waste, a used oil generator and an operator of an unpermitted solid waste facility. During a follow-up compliance inspection of Delaware Auto Salvage in 2023, the Department was informed that Divi Enterprises was operating in place of Delaware Auto Salvage. The inspection, in May of 2023, found violations of Delaware’s regulations governing both solid waste and hazardous waste. Given the Department’s findings, Divi Enterprises, LLC is required to correct the observed violations and submit a penalty payment.

Oct. 14, 2024

DNREC Settlement with Delaware City Refining Company — A settlement agreement between the Department of Natural Resources and Environmental Control and the Delaware City Refining Company, LLC to address air quality permit violations concerning the company’s Delaware City refinery.

Oct. 2, 2024

Secretary’s Order No. 2024-W-0041 — Secretary’s Order to Cease and Desist to James Thompson & Co., Inc. and Alphatex, LLC, pursuant to 7 Del. C. §6018, finding them in violation of 7 Del. C. Chapter 60 and Delaware’s Regulations Governing the Design, Installation, and Operation of On-Site Wastewater Treatment and Disposal Systems (7 DE Admin. Code 7101) and ordering that they cease and desist all operations in violation of Permit No. 359148-04, including but not limited to all unpermitted releases from the wastewater lagoon.

Oct. 1, 2024

Secretary’s Order No. 2024-WH-0040 — Notice of Administrative Penalty Assessment and Secretary’s Order to Adesis, Inc. for violation of 7 Del. C. Chapters 60 and 63, and Delaware’s Regulations Governing Hazardous Waste (7 DE Admin. Code 1302)

Adesis, Inc. in New Castle is a large quantity generator (LQG) of hazardous waste. During a routine compliance inspection conducted by the Department on Nov. 28, 2023, Department representatives identified violations of Delaware’s Regulations Governing Hazardous Waste, including failing to properly label and close hazardous waste containers, accumulating more than 55 gallons of hazardous waste in a satellite accumulation area, failing to comply with the closure requirements for former hazardous waste accumulation areas, failing to comply with contingency planning requirements, and failing to maintain training records. Additionally, Adesis, Inc. stored hazardous waste without a permit because of its failure to comply with the conditions of exemption from permitting for LQGs. Given the Department’s findings, Adesis, Inc. was required to correct the observed violations and submit a penalty payment of $10,000.

Sept. 30, 2024

Secretary’s Order No. 2024-WH-0039 — Notice of Administrative Penalty Assessment and Secretary’s Order to F&F Econo Tires for violation of 7 Del. C. Chapter 60 and Delaware’s Regulations Governing Hazardous Waste (7 DE Admin. Code 1302).

F&F Econo Tires, LLC. in Dover is a new and used tire retailer. During a compliance inspection on Oct. 11, 2023, Department representatives identified violations of state law and of Delaware’s Regulations Governing Hazardous Waste relating to the mismanagement of used oil, including failure to report, stop, contain and clean up a release of used oil to the environment. Given the Department’s findings, F&F Econo Tires, LLC is required to create and implement procedures to ensure continuing compliance with the requirements for the management of used oil and submit a penalty payment of $10,000.

Sept. 27, 2024

Secretary’s Order No. 2024-WH-0036 — Notice of Administrative Penalty Assessment and Secretary’s Order to Hills Classic Auto for violation of 7 Del. C. Chapter 60 and Delaware’s Regulations Governing Hazardous Waste (7 DE Admin. Code 1302).

Hills Classic Auto Sales, LLC. in Dover sells used vehicles and performs vehicle maintenance. During a compliance inspection on Oct. 11, 2023, Department representatives identified violations of state law and of Delaware’s Regulations Governing Hazardous Waste relating to the mismanagement of universal waste and used oil, including multiple occurrences of failing to report, stop, contain and clean up releases of used oil to the environment. Given the Department’s findings, Hills Classic Auto Sales, LLC is required to create and implement procedures to ensure continuing compliance with the requirements for the management of universal waste and used oil and submit a penalty payment of $10,000.

Sept. 19, 2024

Secretary’s Order No. 2024-WH-0038 — Secretary’s order to Mike Davidson Enterprises, LLC, 5500 Anderby Hall Road, LLC and Mr. Michael P. Davidson, pursuant to 7 Del. C. § 6018, finding them in violation of 7 Del. C. Chapter 60, and Delaware’s Regulations Governing Solid Waste (7 DE Admin. Code 1301) and orders that they cease and desist all activities in which unauthorized persons, including the public, are allowed to enter the properties associated with their facility at 3051 Willow Grove Road, in Camden, until compliance is achieved.

Aug. 29, 2024

Secretary’s Order No. 2024-WH-0031 — Notice of Administrative Penalty Assessment and Secretary’s Order Pursuant, to 7 Del. C. §§ 6005(b)(2) and (b)(3), to Dolle’s Candyland, Inc., for violation of Title 7, Chapter 60, Subchapter IX of the Delaware Code.

Aug. 6, 2024

Secretary’s Order No. 2024-WH-0030 — Secretary’s order to Clean Loop Group, LLC and OSI 1685 River Road, LLC, pursuant to 7 Del. C. § 6018, finding them in violation of 7 Del. C. Chapter 60, Delaware’s Regulations Governing Hazardous Waste (7 DE Admin. Code 1302) and Delaware’s Regulations Governing Hazardous Waste (7 DE Admin. Code 1301) and orders that they cease and desist operating a used oil processing facility until compliance is achieved at their facility at 1685 River Road, in New Castle.

July 18, 2024

The businesses listed below are all stores in Rehoboth Beach, Delaware. During a compliance inspection conducted by the Department on May 15, 2024, the Department observed plastic carryout bags being provided to customers by these stores in violation of Title 7, Chapter 60, Subchapter IX of the Delaware Code. As a result, the Department is requiring each to pay a penalty of $750 and to refrain from furnishing plastic bags to customers.

Secretary’s Order No. 2024-WH-0029 — Notice of Administrative Penalty Assessment and Secretary’s Order issued to Ulta Salon, Cosmetics & Fragrance, Inc. (Ulta Beauty retail store) for violation of Title 7, Chapter 60, Subchapter IX of the Delaware Code.

Secretary’s Order No. 2024-WH-0028 — Notice of Administrative Penalty Assessment and Secretary’s Order issued to Simply Southern Holdings, LLC (Simply Southern retail store) for violation of Title 7, Chapter 60, Subchapter IX of the Delaware Code.

Secretary’s Order No. 2024-WH-0027 — Notice of Administrative Penalty Assessment and Secretary’s Order issued to Rack Room Shoes, Inc. (Rack Room Shoes retail store) for violation of Title 7, Chapter 60, Subchapter IX of the Delaware Code.

Secretary’s Order No. 2024-WH-0026 — Notice of Administrative Penalty Assessment and Secretary’s Order issued to Pepper Palace, Inc. (Pepper Palace retail store) for violation of Title 7, Chapter 60, Subchapter IX of the Delaware Code.

Secretary’s Order No. 2024-WH-0025 — Notice of Administrative Penalty Assessment and Secretary’s Order issued to Go Retail Group, LLC (Go! Calendars, Games and Toys retail store) for violation of Title 7, Chapter 60, Subchapter IX of the Delaware Code.

Secretary’s Order No. 2024-WH-0024 — Notice of Administrative Penalty Assessment and Secretary’s Order issued to BG Retail, LLC (Famous Footwear retail store) for violation of Title 7, Chapter 60, Subchapter IX of the Delaware Code.

Secretary’s Order No. 2024-WH-0023 — Notice of Administrative Penalty Assessment and Secretary’s Order issued to SPARC Group, LLC (Eddie Bauer Outlet) for violation of Title 7, Chapter 60, Subchapter IX of the Delaware Code.

Secretary’s Order No. 2024-WH-0022 — Notice of Administrative Penalty Assessment and Secretary’s Order issued to Clarks Americas Inc. (Clarks Bostonian Outlet) for violation of Title 7, Chapter 60, Subchapter IX of the Delaware Code.

May 28, 2024

Secretary’s Order No. 2024-WH-0018 – Secretary’s order to cease and desist, pursuant to 7 Del. C. § 6018, to SPM Tire Service, LLC, RECAP Capital Holdings, LLC, and LDMA Holdings, LLC that the Secretary of the Delaware Department of Natural Resources and Environmental Control has found them in violation of 7 Del. C. Chapter 60 and 7 Del. Admin. C. § 1301, Delaware’s Regulations Governing Solid Waste (“DRGSW”) and orders that they cease and desist in generating or accumulating scrap tires until compliance is achieved at their facility at 2615 Pulaski Highway, in Newark.

April 30, 2024

Secretary’s Order No. 2024-WH-0016 — Issued to Irvin and Catherine Walker for violations of 7 Del C. Chapter 60 and 7 DE Admin. Code 1301, Delaware’s Regulations Governing Solid Waste, including operating a solid waste scrap tire management facility for the storage and disposal of scrap tires without a permit.

March 15, 2024

Secretary’s Order No. 2023-WH-0012 — Notice of Administrative Penalty Assessment and Secretary’s Order issued to SPI Pharma, Inc., pursuant to 7 Del. C. §§ 6005(b)(2) and (b)(3)

SPI Pharma, Inc., in Lewes is a large quantity generator of hazardous waste. During a routine compliance inspection conducted by the department on June 22, 2023, department representatives identified violations of 7 DE Admin. C. §1302, Delaware’s Regulations Governing Hazardous Waste (DRGHW), including failing to make an accurate hazardous waste determination, resulting in corrosive hazardous waste being shipped to a designated facility as a non-hazardous waste. Given the department’s findings, SPI was required to create a detailed procedure to ensure future solid waste is properly characterized and submit a penalty payment of $10,000.00 for incurring the violation.

March 4, 2024

Secretary’s Order No. 2024-WH-0009 – Notice of Administrative Penalty Assessment and Secretary’s Order, issued to Casella Waste Systems, Inc., pursuant to 7 Del. C. §§ 6005(b)(2) and (b)(3).

In 2023, Casella Waste Systems, Inc. (Casella) of Rutland, Vermont, acquired a trash collection company holding a valid Delaware solid waste transporter permit. Despite the department providing information about how to properly transfer the valid transporter permit from its current owner to Casella, Casella failed to proceed with a permit transfer or to obtain a solid waste transporter permit of its own. As a result, Casella began transporting solid waste in Delaware without the required DNREC solid waste transporter permit.

Feb. 1, 2024

Secretary’s Order No. 2023-WH-0034 (Amended) – Amended Notice of Administrative Penalty Assessment and Secretary’s Order to BFI Waste Services, LLC, pursuant to 7 Del. C. §§ 6005(b)(2) and (b)(3), for violation of Title 7, Chapter 60 of the Delaware Code and 7 DE Admin. Code § 1305, Delaware’s Universal Recycling Regulations. This order amends and corrects Secretary’s Order No. 2023-WH-0034, issued on Dec. 19, 2023, to correct the recipient to BFI Waste Services, LLC.

Redlined Version (showing changes)

Dec. 27, 2023

DNREC Settlement with Delaware Recyclable Products Inc. — A settlement agreement between the Department of Natural Resources and Environmental Control (DNREC) and Delaware Recyclable Products, Inc. to address 7 Del. C. Chapters 60, and 7 DE Admin. Code § 1301, Delaware’s Regulations Governing Solid Waste, state air regulations, and its air permit, as addressed in Secretary’s Order No. 2023-A-0013 and Secretary’s Order No. 2023-WH-0014.

Dec. 21, 2023

Secretary’s Order No. 2023-WH-0035 — Notice of Administrative Penalty Assessment and Secretary’s Order to the University of Delaware for violation of Del. C. Chapters 60 and 63, and 7 DE Admin. Code § 1302, Delaware’s Regulations Governing Hazardous Waste.

Dec. 19, 2023

This order was replaced on Feb. 1, 2024, with an amended Order No. 2023-WH-0034 which corrects the name of the recipient of the Order.

Secretary’s Order No. 2023-WH-0034 — Notice of Administrative Penalty Assessment and Secretary’s Order to Allied Waste North America, pursuant to 7 Del. C. §§ 6005(b)(2) and (b)(3), for violation of Title 7, Chapter 60 of the Delaware Code and 7 DE Admin. Code § 1305, Delaware’s Universal Recycling Regulations.

Nov. 30, 2023

Secretary’s Order No. 2023-WH-0030 — Notice of Administrative Penalty Assessment and Secretary’s Order, pursuant to 7 Del. C. §§ 6005(b)(2) and (b)(3), to PATS Aircraft, LLC for violation of 7 Del. C. Chapters 60 and 63, and 7 DE Admin. Code §1302, Delaware’s Regulations Governing Hazardous Waste.

Nov. 29, 2023

Secretary’s Order No. 2023-WH-0029 — Notice of Revocation of Administrative Penalty Assessment and Secretary’s Order, pursuant to 7 Del. C § 6005, revoking, without prejudice, Secretary’s Order No. 2023-WH-0003 (Jan. 27, 2023) to Super Soda Center Stanton.

Oct. 31, 2023

Secretary’s Order No. 2023-A-0027 — Conciliation Order by Consent and Secretary’s Order to Enstructure Wilmington Holdings, LLC. and Ecolab Inc. to ensure compliance with 7 Del. C. Chapter 60 in fumigation activities at the Port of Wilmington.

Oct. 17, 2023

Secretary’s Order No. 2023-WH-0025 — Notice of Administrative Penalty Assessment and Secretary’s Order Pursuant to 7 Del. C. §§ 6005(b)(2) and (b)(3) that the Secretary has found Beebe Healthcare, Inc. in violation of 7 Del. C. Chapters 60 and 63, and 7 DE Admin. Code § 1302, Delaware’s Regulations Governing Hazardous Waste (“DRGHW”).

Sept. 27, 2023

Secretary’s Order No. 2023-A-0023 — Notice of Administrative Penalty Assessment and Secretary’s Order, pursuant to 7 Del. C. § 6005, to Bally’s Dover Casino Resort finding Bally’s in violation of state air regulations and its permit.

Aug. 28, 2023

Secretary’s Order No. 2023-WHS-0021 — Notice of Administrative Penalty Assessment and Secretary’s Order, pursuant to 7 Del. C. §§ 6005(b)(2) and (b)(3), to Datwyler Pharma Packaging USA, Inc. for violation of 7 Del. C. Chapters 60 and 63, and 7 DE Admin. Code §1302, Delaware’s Regulations Governing Hazardous Waste.

July 3, 2023

Secretary’s Order No. 2023-WH-0017 — Secretary’s Order and Notice of Administrative Penalty Assessment to Wilmington PharmaTech Glasgow Site for violation of 7 Del. C. Chapters 60 and 63, and 7 DE Admin. Code § 1302, Delaware’s Regulations Governing Hazardous Waste.

June 21, 2023

Secretary’s Order No. 2023-WH-0014 — A Notice of Administrative Penalty Assessment and Secretary’s Order to Delaware Recyclable Products, Inc. regarding violation of 7 Del. C. Chapters 60, and 7 DE Admin. Code § 1301, Delaware’s Regulations Governing Solid Waste.

Secretary’s Order No. 2023-A-0013 — A Notice of Administrative Penalty Assessment and Secretary’s Order to Delaware Recyclable Products, Inc. regarding violation of 7 Del. C. Chapter 60, state air regulations and its permit.

May 26, 2023

DNREC Settlement with GT USA Wilmington LLC — A settlement agreement between the Department of Natural Resources and Environmental Control and GT USA Wilmington, LLC to address air quality violations of 7 Del. C. Chapter 60, state air regulations, and its permit, as outlined in Secretary’s Order 2021-A-0011.

May 7, 2023

DNREC Settlement with STTPCLP and Service Energy — A settlement and release agreement between the Department of Natural Resources and Environmental Control and STTPCLP and Service Energy to address Secretary’s Order No. 2023-WH-0003.

April 27, 2023

Secretary’s Order No. 2023-A-0007 — Notice of Administrative Penalty Assessment and Secretary’s Order, pursuant to 7 Del. C. §6005(b)(3), issued to Perdue Foods, LLC, for violation of state air regulations at their chicken processing facility at 255 N. Rehoboth Blvd., in Milford.

April 17, 2023

Secretary’s Order No. 2023-WH-0006 — Notice of Administrative Penalty Assessment and Secretary’s Order to Sepax Technologies, Inc., for violations of 7 Del. C. Chapters 60 and 63, and 7 DE Admin. Code § 1302, Delaware’s Regulations Governing Hazardous Waste.

Jan. 30, 2023

DNREC Settlement with DuPont Nutrition USA, Inc. — A settlement agreement between the Department of Natural Resources and Environmental Control and DuPont Nutrition USA, Inc. to address air quality violations of 7 Del. C. Chapter 60, state air regulations and its permit.

Jan. 17, 2023

Secretary’s Order No. 2023-WH-0003 — Notice of Administrative Penalty Assessment and Secretary’s Order, pursuant to 7 Del. C §6005, to Super Soda Center Stanton.

Jan. 13, 2023

Amendment to Feb. 26, 2021, DNREC Settlement with Croda Inc. — A settlement agreement between Croda, Inc., and State of Delaware Department of Natural Resources and Environmental Control, originally signed Feb. 26, 2021, has been updated to reflect a measured timeline, with reducing emissions as a priority.

Dec. 16, 2022

Secretary’s Order 2022-WH-0026 — Order to Cease and Desist issued to Delaware Auto Salvage, Inc. and 415 Old Airport, LLC, for violations of 7 Del. C. Chapter 60 and 7 Del. Admin. C. §1301, Delaware’s Regulations Governing Solid Waste.

Secretary’s Order 2022-WH-0027 — Order to Cease and Desist issued to Trash Authority, LLC, for violations of solid waste transporter permit DE-SW-1905.

Nov. 2, 2022

Secretary’s Order No. 2022-WH-0021 — Notice of Administrative Penalty Assessment and Secretary’s Order, Pursuant to 7 Del. C. §§6005(b)(2) and (b)(3), to Donovan Salvage Works, Inc., and Herbert Holdings, LLC.

Nov. 1, 2022

Secretary’s Order No. 2022-A-0020 — Conciliation Order by Consent and Secretary’s Order to GT USA Wilmington, LLC. and Ecolab Inc. to ensure compliance with 7 Del. C. Chapter 60 in fumigation activities at the Port of Wilmington.
– Attachment A: Ambient Air Monitoring Plan

Sept. 8, 2022

Secretary’s Order No. 2022-A-0017 — Notice of Administrative Penalty Assessment and Secretary’s Order for DuPont Nutrition USA, Inc. for violations of 7 Del. C. Chapter 60, state air regulations and its permit.

Aug. 2, 2022

Secretary’s Order No. 2022-A-0014 — Notice of Administrative Penalty Assessment and Secretary’s Order for United Cocoa Processor, Inc. for violation of 7 Del. C. Chapter 60 and state air regulations.

April 22, 2022

Secretary’s Order No. 2022-WH-0004 — Order to Cease and Desist issued to Donovan Salvage Works, Inc. for violations of 7 Del. C. Chapters 60 and 63, 7 DE Admin. Code 1102, 1302, and 7201.

March 23, 2022

Secretary’s Order No. 2022-WH-0002 — Order to Cease and Desist issued to Donovan Salvage Works, Inc. for violations of 7 Del. C. Chapter 60, and 7 DE Admin. Code 1301.

March 17, 2022

DNREC Settlement With Delaware City Refining Company — A settlement agreement between the Department of Natural Resources and Environmental Control and the Delaware City Refining Company, LLC to address air quality permit violations concerning the company’s Delaware City refinery.

Dec. 20, 2021

Secretary’s Order No. 2021-A-0032 — Conciliation Order by Consent and Secretary’s Order to GT USA Wilmington, LLC. and Ecolab Inc. to ensure compliance with 7 Del. C. Chapter 60 in fumigation activities at the Port of Wilmington.
Attachment A: Ambient Air Monitoring Plan

Sept. 22, 2021

Secretary’s Order No. 2021-A-0025 — The Department of Natural Resources and Environmental Control has found the Delaware City Refining Company, LLC in violation of 7 Del. C. Chapter 60, state air regulations, and its permit. Accordingly, the Department is issuing this Notice of Administrative Penalty Assessment and Secretary’s Order pursuant to 7 Del. C. §6005(b)(3).

Sept. 10, 2021

Secretary’s Order No. 2021-WH-0024 — Order to Cease and Desist issued to Service Transport Group, Inc. for violations of 7 Del. C. Chapter 60, 7 DE Admin. Code 1301 and Permit SW-17/03.

April 27, 2021

Secretary’s Order No. 2021-W-0013 — Conciliation Order by Consent and Secretary’s Order reflecting the mutual effort by Allen Harim Foods, LLC and the Secretary of the Department of Natural Resources and Environmental Control to attain compliance with 7 Del. C. Chapter 60 by Conciliation pursuant to 7 Del. C. §6005(b)(2).

March 18, 2021

Secretary’s Order No. 2021-A-0011 — The Department of Natural Resources and Environmental Control has found GT USA Wilmington, LLC in violation of 7 Del. C. Chapter 60, state air regulations, and its permit. Accordingly, the Department is issuing this Notice of Administrative Penalty Assessment and Secretary’s Order pursuant to 7 Del. C. §6005(b)(3).

Feb. 26, 2021

DNREC Settlement with Croda, Inc. — A settlement agreement between Croda, Inc., and State of Delaware Department of Natural Resources and Environmental Control to resolve matters arising from source testing in September 2020 and January 2021, at Croda’s Ethylene Oxide Plant located in New Castle, Delaware, to protect public health and the environment.

Feb. 19, 2021

Secretary’s Order No. 2021-A-0006 — Notice of Conciliation and Secretary’s Order issued to Congo Funeral Home for violation of 7 Del. C. Chapter 60 and an Air Pollution Control Construction Permit in Wilmington, Delaware (violation is ongoing). Accordingly, the Department is issuing this Notice of Conciliation and Secretary’s Order in an endeavor to obtain compliance with the requirements of 7 Del. C. Chapter 60.

Feb. 15, 2021

Solvay Settlement Agreement — An agreement between Solvay Specialty Polymers USA, LLC and the Secretary of the Delaware Department of Natural Resources and Environmental Control to resolve certain matters arising from the Notice of Administrative Cost Recovery Demand and Secretary’s Order No. 2020-WH-0035, signed and dated December 17, 2020, and from Solvay’s subsequent appeal of the Order to the Environmental Appeals Board of the State of Delaware (EAB Appeal No. 2021-001).

Dec. 17, 2020

Secretary’s Order No. 2020-WH-0035 — Notice of Administrative Cost Recovery Demand and Secretary’s Order issued to Solvay Specialty Polymers USA, L.L.C. for violations of Delaware’s Hazardous Substance Cleanup Act, 7 Del. C. Chapter 91 (“HSCA”), 7 Del. C. Chapter 60, 7 DE Admin. Code 1375, Delaware’s Regulations Governing Hazardous Substance Cleanup (“Hazardous Substance Cleanup Regulations”), and 7 DE Admin. Code 1102, Delaware’s Division of Air Quality Permit Regulations.

Aug. 26, 2020

Secretary’s Order No. 2020-W-0025 — Conciliation Order By Consent and Secretary’s Order to the Lewes Board of Public Works regarding corrective actions taken by the Board following a release of partially-treated wastewater from the Howard Seymour Water Reclamation Facility in Lewes.

June 30, 2020

Secretary’s Order No. 2020-A-0019 — Notice of Administrative Penalty Assessment and Secretary’s Order issued to LNH, Inc., d/b/a Hosting.com, that the Secretary has found Respondent in violation of 7 Del. C. Chapter 60, state air regulations, and its permit.

Jan. 27, 2020

DNREC settlement agreement with the Delaware City Refining Company, LLC (DCRC) over air quality permit violations concerning the company’s Delaware City refinery.

Dec. 13, 2019

DNREC Agreement and Proposed Consent Decree with Mountaire Farms of Delaware, Inc. — Agreement and proposed consent decree between DNREC and Mountaire Farms of Delaware regarding alleged violations and complaints related to wastewater treatment at the Selbyville and Millsboro facilities. Conciliatory Agreement

Nov. 4, 2019

Secretary’s Order No. 2019-A-0043 — Notice of Administrative Penalty Assessment and Secretary’s Order for Delaware City Refining Company, LLC, for violation of 7 Del. C. Chapter 60, state air regulations, and the company’s air permit.

Aug. 15, 2019

Secretary’s Order No. 2019-AQ-34 — Notice of Administrative Penalty Assessment issued to EcoServices, LLC, of Exton, Pa., and Derrick Maxwell for violation of 7 Del.C. Chapter 60 and 7 Del. Admin. Code 1121, DNREC Emission Standards for Hazardous Air Pollutants, pursuant to 7 Del.C. § 6005.

Aug. 2, 2019

Secretary’s Order No. 2019-A-0030 – Notice of Administrative Penalty Assessment and Secretary’s Order issued to Diamond State Generation Partners, LLC (Bloom Energy) for violation of 7 Del. C. Chapter 60 and Air Pollution Control Operating and Construction Permits at the company’s Red Lion facility in New Castle, Delaware.

July 11, 2019

DNREC settlement with Delaware City Refining Company, LLC – A settlement agreement between the Department of Natural Resources and Environmental Control and the Delaware City Refining Company, LLC on the Delaware City refinery’s outstanding air violations.

June 11, 2019

Secretary’s Order No. 2019-WH-0020 — Notice of Administrative Penalty Assessment and Secretary’s Order issued to Gulab’s Tire Center, LLC, for violation of 7 Del C. Chapter 60 and 7 DE Admin. Code 1301, Delaware’s Regulations Governing Solid Waste (DRGSW).

Secretary’s Order No. 2019-WH-0021 — Notice of Administrative Penalty Assessment and Secretary’s Order issued to Master Tire & Auto for violation of 7 Del C. Chapter 60 and 7 DE Admin. Code 1301, Delaware’s Regulations Governing Solid Waste (DRGSW).

Secretary’s Order No. 2019-WH-0022 — Notice of Administrative Penalty Assessment and Secretary’s Order issued to Irfan Tire Center for violation of 7 Del C. Chapter 60 and 7 DE Admin. Code 1301, Delaware’s Regulations Governing Solid Waste (DRGSW).

Secretary’s Order No. 2019-WH-0023 — Notice of Administrative Penalty Assessment and Secretary’s Order issued to Mall’s Tire Center, LLC, for violation of 7 Del C. Chapter 60 and 7 DE Admin. Code 1301, Delaware’s Regulations Governing Solid Waste (DRGSW).

Secretary’s Order No. 2019-WH-0025 — Notice of Administrative Penalty Assessment and Secretary’s Order issued to West Auto Repair & Salvage, LLC, for violation of 7 Del C. Chapter 60 and 7 DE Admin. Code 1301, Delaware’s Regulations Governing Solid Waste (DRGSW).

Secretary’s Order No. 2019-WH-0026 — Notice of Administrative Penalty Assessment and Secretary’s Order issued to Bayly’s Garage for violation of 7 Del C. Chapter 60 and 7 DE Admin. Code 1301, Delaware’s Regulations Governing Solid Waste (DRGSW).

June 5, 2019

Secretary’s Order No. 2019-WS-0027 — Order to Cease and Desist issued to Delaware Solid Waste Authority for violations of 7 Del. C. Chapters 40 and 60 and 7 DE Admin. C. 5101, DNREC’s Sediment and Stormwater Regulations.

May 29, 2019

DNREC Settlement with Perdue AgriRecycle, LLC — A settlement by and between the Delaware Department of Natural Resources and Environmental Control and Perdue AgriRecycle, LLC, to resolve solid waste permit violations associated with Perdue’s operations at its agricultural waste and residue composting facility in Seaford, Delaware.

March 28, 2019

DNREC Settlement with Croda, Inc. — A settlement by and between Croda, Inc., and State of Delaware Department of Natural Resources and Environmental Control to resolve matters arising from an incident Nov. 25, 2018, at Croda’s Ethylene Oxide Plant located in New Castle, Delaware (Including DNREC Secretary’s Order No. 2019-A-0014)

Jan. 29, 2019

Secretary’s Order No. 2019-A-0004 — Issued to MEDAL Air Liquide Advance Technologies U.S. LLC (“Respondent”) for violation of 7 Del. Code Chapter 60 and an Air Pollution Control Operating Permit at its plant in Newport, Del., and to inform the respondent that the violation is continuing. Accordingly, the Department is issuing this Notice of Conciliation and Administrative Penalty Assessment Order in an endeavor to obtain compliance with the requirements of 7 Del. Code Chapter 60

Jan. 22, 2019

Secretary’s Order No. 2018-WH-0070 — Cease and desist order, pursuant to 7 Del. Code 6018 issued to F&F Econo Tires, 1861 South DuPont Highway, Dover, Del., for violations of 7 Del. Code Chapter 60 and 7 Del. Admin. Code 1301, Delaware’s Regulations Governing Solid Waste (“DRGSW”)

Secretary’s Order No. 2018-WH-0063 — Notice of administrative penalty assessment and Secretary’s Order issued to Johnson Controls Battery Group, Inc. in violation of 7 Del. Code Chapters 60 and 63, and 7 Del. Admin. Code 1302, Delaware’s Regulations Governing Hazardous Waste (“DRGHW”)

Secretary’s Order No. 2018-WH-0062 — Notice of Administrative Penalty Assessment and Secretary’s Order issued to Axalta Coating Systems, pursuant to 7 Del. Code 6005(b)(3) in violation of 7 Del. Code Chapters 60 and 63, and 7 Del. Admin. Code 1302, Delaware’s Regulations Governing Hazardous Waste (“DRGHW”)

Nov. 25, 2018

Secretary’s Order No. 2018-WH-0065 — Notice of Administrative Penalty and Secretary’s Order to Jesse Singh (Operator, Bridge Gulf) for violations of 7 Del. C. Chapters 60 and 74, 7 DE Admin. Code 1351, the Delaware Regulations Governing Underground Storage Tank Systems and 7 DE Admin. Code 1124, Delaware Regulations Governing the Control of Volatile Organic Compound Emissions.

Secretary’s Order No. 2018-WH-0064 — Notice of Administrative Penalty and Secretary’s Order to Upesh Vyas /Sitaram, Inc. for violations of 7 Del. C. Chapters 60 and 74, 7 DE Admin. Code 1351, the Delaware Regulations Governing Underground Storage Tank Systems and 7 DE Admin. Code 1124, Delaware Regulations Governing the Control of Volatile Organic Compound Emissions.

Oct. 31, 2018

Secretary’s Order No. 2018-W-0057 — Conciliation Order by Consent and Secretary’s Order reflecting the mutual effort by Allen Harim, LLC and the Secretary of the Department of Natural Resources and Environmental Control for Allen Harim to attain compliance with 7 Del. C. Chapter 60 for wastewater violations by Conciliation pursuant to 7 Del. C. §6005(b )(2).

Sept. 10, 2018

Secretary’s Order No. 2018-A-0017 — Notice of Administrative Penalty Assessment for Rohm and Haas Electronic Materials CMP, Inc. for violation of its air quality permit pursuant to 7 Del. C. §6005(b)(3)

Secretary’s Order No. 2018-W-0013 — Notice of Administrative Penalty Assessment for Kent County Levy Court for violations of 7 Del. C. § 6003, 7 Del. Admin. C. § 7201 et seq., Delaware Regulations Governing the Control of Water Pollution, hereinafter referred to as the “Water Pollution Regulations,” as well as conditions of its National Pollutant Discharge Elimination System (NPDES) Permit No. DE 0020338.

Secretary’s Order No. 2018-WH-0012 — Notice of Administrative Penalty Assessment for Chemours Company FC, LLC @ Sardo & Sons Warehouse (“Respondent” or “Chemours”) in violation of 7 Del.C. Chapters 60 and 63 and 7 DE Admin. Code 1302, Delaware’s Regulations Governing Hazardous Waste (“DRGHW”),issued pursuant to 7 Del.C. §6005(b )(3).

June 22, 2018

Secretary’s Order No. 2018-WH-0016 — The Department of Natural Resources and Environmental Control has found Homalite Division of Brandywine Investment Group Corporation in violation of 7 Del. C. Chapter 63 and 7 DE Admin. Code 1302, Delaware’s Regulations Governing Hazardous Waste.

June 4, 2018

Consent Decree — Department of Natural Resources and Environmental Control, plaintiff, v. Mountaire Farms of Delaware, Inc., filed in state Superior Court

March 28, 2018

Secretary’s Order No. 2018-W-0014 — Notice of Administrative Penalty Assessment and Secretary’s Order to Allen Harim Foods for violating 7 Del. C. §§ 6003 and 6005, 7 Del. Admin. C. § 7201 et seq., Delaware Regulations Governing the Control of Water Pollution, hereinafter referred to as the Water Pollution Regulations, and National Pollutant Discharge Elimination System (NPDES) Permit No. DE 0000299.

March 16, 2018

Secretary’s Order No. 2018-A-0019 — This DNREC Conciliation Order by Consent is the result of negotiations between DNREC and Sunoco Partners Marketing & Terminals, LP to resolve violations alleged in DNREC’s Aug. 1, 2017 Notice of Violation for noncompliance relating to the flare currently operated by Sunoco Partners Marketing & Terminals in Claymont, Del.

March 2, 2018

Secretary’s Order No. 2018-W-0015 — This Conciliation Order by Consent and Secretary’s Order reflects the mutual effort by Perdue Foods and DNREC to attain compliance with 7 Del. C. Chapter 60 by conciliation pursuant to 7 Del. C. §6005(b)(2)

Feb. 23, 2018

Secretary’s Order No. 2018-A-0011 — Notice of Administrative Penalty Assessment and Secretary’s Order, pursuant to 7 Del. C §6005 issued to Pure Green Industries, Inc./Refined Products, Inc., Richard Piendak, President, for violation of Chapter 60 Delaware air regulations and the company’s air permit

Feb. 20, 2018

Secretary’s Order No. 2018-W-0018 — Notice of administrative Penalty Assessment and Secretary’s Order issued to Hanover Foods Corporation for violations of 7 Del. Admin. C. 7201 Delaware Regulations Governing the Control of Water Pollution, and National Pollutant Discharge Elimination System (NPDES) Permit No. DE0051063.

Feb. 11, 2018

Secretary’s Order No. 2018-WH-0010 — Notice of Administrative Penalty Assessment and Secretary’s Order to Syed Zaidi /Northeast Gulf for violations of 7 Del. C. Chapters 60 and 74, 7 DE Admin. Code 1351, the Delaware Regulations Governing Underground Storage Tank Systems and 7 DE Admin. Code 1124, Delaware Regulations Governing the Control of Volatile Organic Compound Emissions.

Jan. 22, 2018

Secretary’s Order No. 2018-WH-0001 — Notice of administrative penalty assessment and Secretary’s Order pursuant to 7 Del. C. §6005 issued to E.I. DuPont de Nemours and Company for violation of 7 Del. C. Chapters 60 and 63, 7 DE Admin. Code 1302, Delaware’s Regulations Governing Hazardous Waste (“DRGHW”), and Respondent’s hazardous waste storage permit HW04F22.

Nov. 2, 2017

Secretary’s Order No. 2017-W-0028 — Hershel Edwards, Petitioner v. Town of Laurel, Respondent (Petition submitted under 7 Del. C. Section 6031 seeking replacement water supply from the Respondent)
Hearing Officer’s Report included

Oct. 31, 2017

Secretary’s Order No. 2017-WH-0008 — DNREC has found Mr. and Mrs. Joseph W. Booth to be in violation of Delaware’s Hazardous Substance Cleanup Act, 7 Del. C. Chapter 91, and of 7 DE Admin. Code 1375, Delaware’s Regulations Governing Hazardous Substance Cleanup.

Oct. 2, 2017

Secretary’s Order No. 2017-WH-0023 — Cease and desist order issued to Anderson’s Recycling, Inc., Delmar, Del., for violations of 7 Del. C Chapter 60 7DE Admin. Code Section 1301, Delaware’s Regulations Governing Solid Waste (“DRGSW”)

March 13, 2017

Secretary’s Order No. 2017-WH-0010 — Cease and desist Secretary’s Order to Heritage-Crystal Clean, LLC, for violation of 7 Del. C. Chapters 60 and 63 and 7 DE Admin. Code 1302, Delaware’s Regulations Governing Hazardous Waste (“DRGHW”). Accordingly, the Department is issuing this Order to Cease and Desist, pursuant to 7 Del. C. § 6018.

March 10, 2017

Secretary’s Order No. 2017-A-0009 — Notice of Administrative Penalty Assessment and Secretary’s Order issued to Delaware City Refining Company for violation of 7 Del. Code Chapter 60, pursuant to 7 Del.C. §6005(b)(3).

March 2, 2017

Secretary’s Order No. 2017-WH-0008 — DNREC has found Mr. Yoon Sung Sil to be in violation of Delaware’s Hazardous Substance Cleanup Act, 7 Del. C. Chapter 91 (“HSCA”), and of 7 DE Admin. Code 1375, Delaware’s Regulations Governing Hazardous Substance Cleanup.

Jan. 23, 2017

Secretary’s Order No. 2017-A-0001 — Notice of Administrative Penalty Assessment and Secretary’s Order, issued to Vestcom International, Inc. and Foxfire Printing & Packaging, Inc. for violation of 7 Del. C Chapter 60 and state air regulations

Sept. 28, 2016

Secretary’s Order No. 2016-W-0036 — Issued pursuant to 7 Del. C. §6005(b)(2) to Kent County Levy Court, the Conciliation Order by Consent and Secretary’s Order reflects the mutual effort by Kent County Levy Court and the Secretary of the Department of Natural Resources and Environmental Control to attain compliance with 7 Del. C. Chapter 60 by Conciliation for past Kent County wastewater violations cited by DNREC.

Sept. 27, 2016

Secretary’s Order No. 2016-WH-0035 — Notice of Administrative Penalty Assessment and Order pursuant to 7 Del. C. § 6005 issued to Formosa Plastics Corporation in violation of 7 Del. C. Chapters 60 and 63 and 7 DE Admin. Code 1302, Delaware’s Regulations Governing Hazardous Waste (“DRGHW”).

Sept. 21, 2016

Secretary’s Order No. 2016-A-40 — Pursuant to 7 Del. C. § 6005(b)(3), issued to Nemours Foundation, Inc. and Alfred I. duPont Hospital for Children for violation of 7 DE Admin. Code 1100 (“Air Quality Regulations”) and its permits.

Aug. 2, 2016

Secretary’s Order No. 2016-WH-0032 — Cease and desist order issued to Ms. Martia McGinnis, McGinnis Auto & Mobile Home Salvage, LLC, 4160 Downs Chapel Rd., Clayton, DE 19938 for violation of 7 Del. C. Chapter 60 and 7 DE Admin. Code Section 1301, Delaware’s Regulations Governing Solid Waste (“DRGSW”)

May 31, 2016

Secretary’s Order No. 2016-A-0024 — Notice of Administrative Penalty Assessment and Secretary’s Order Pursuant to 7 Del. C. § 6005 Issued to Delaware State University for violation of state air regulations and the university’s permit. This Order will supersede and withdraw Notice of Administrative Penalty Assessment and Secretary’s Order No. 2015-A-0029 issued to Respondent on Aug. 10, 2015.

April 25, 2016

Secretary’s Order No. 2016-WH-0020 — Notice of Administrative Penalty Assessment Issued Pursuant to 7 Del. C. § 6005 issued to Waste Management of Delaware, Inc.,300 Harvey Drive Wilmington, Delaware 19804 for violations of Delaware’s Regulations Governing Solid Waste

April 1, 2016

Secretary’s Order No. 2016-WH-0007 — Notice of Administrative Penalty issued to Hylton’s Market Inc. Camden Delaware Realty, LLC pursuant to violation of 7 Del. C., Chapters 60 and 74, 7 DE Admin. Code 1351, the Delaware Regulations Governing Underground Storage Tank Systems (“the UST Regulations”) and 7 DE Admin. Code 1124, Delaware Regulations Governing the Control of Volatile Organic Compound Emissions (“the VR Regulations”)

March 30, 2016

Secretary’s Order No. 2016-WH-0015 — Notice of Conciliation Proceedings, Administrative Penalty Assessment and Secretary’s Order Issued Pursuant to 7 Del. C. § 6005 to the Delaware Solid Waste Authority for violation of Delaware’s Regulations Governing Solid Waste

March 1, 2016

Secretary’s Order No. 2016-WS-0005 — Notice of Administrative Penalty Assessment and Secretary’s Order for Oakwood Village at Lewes, LLC for sediment and stormwater violations pursuant to 7 Del. C. § 6005, Delaware Regulations Governing the Control of Water Pollution

Sept. 30, 2015

Secretary’s Order No. 2015-WH-0038 — Notice of administrative penalty assessment and Secretary Order issued to Dover Air Force Base for violation of 7 Del. C. Chapters 60 and 63 and 7 DE Admin. Code 1302, Delaware’s Regulations Governing Hazardous Waste.

Sept. 28, 2015

Secretary’s Order No. 2015-WH-0018 — Notice of Administrative Penalty Assessment and Secretary’s Order to Bayhealth Medical Center’s Kent General Hospital for violation of 7 Del. C. Chapters 60 and 63 and 7 DE Admin. Code 1302, Delaware’s Regulations Governing Hazardous Waste.

Secretary’s Order No. 2015-WH-0017 — Notice of Administrative Penalty Assessment and Secretary’s Order to St. Francis Hospital for violation of 7 Del. C Chapters 60 and 63, 7 DE Admin. Code 1302, Delaware’s Regulations Governing Hazardous Waste (“DRGHW”), and 7 DE Admin. Code 1301, Delaware’s Regulations Governing Solid Waste.

Aug. 18, 2015

Secretary’s Order No. 2015-A-0031 — Notice of Administrative Penalty Assessment and Secretary’s Order Pursuant to 7 Del. C. § 6005 for unpermitted activities issued to Schiff Farms, Inc., Harrington, Delaware

Aug. 11, 2015

Secretary’s Order No. 2015-A-0029 — Notice of Administrative Penalty Assessment and Secretary’s Order Pursuant to 7 Del. C. § 6005 Issued to Delaware State University for violation of state air regulations and the university’s permit

June 23, 2015

Secretary’s Order No. 2015-WHS-0002 — Issued to Norfolk Southern Railway Co., a/k/a Norfolk Southern Corporation, for violation of Delaware’s Hazardous Substance Cleanup Act, 7 Del. C. Chapter 91 (“HSCA”) and of 7 DE Administrate Code 1375, Delaware’s Regulations Governing Hazardous Substance Cleanup

June 11, 2015

Secretary’s Order No. 2015-A-0022 — Amended Notice of Administrative Penalty Assessment and Secretary’s Order Pursuant to 7 Del. C. § 6005 issued to Pettinaro Construction Co., Inc. and Christina Crescent, LLC of Wilmington

June 2, 2015

Secretary’s Order No. 2015-W-0019 — Notice of Administrative Penalty Assessment Issued Pursuant to 7 Delaware Code §6005 to Junior’s Auto Repair, Wilmington, Del.

April 20, 2015

Secretary’s Order No. 2015-WH-0016 — Cease and Desist Order Issued Pursuant to 7 Del. C. § 6018 to Heritage-Crystal Clean, LLC, 505 South Market Street, Wilmington, Del.

March 31, 2015

Secretary’s Order No. 2015-WH-0012 — Conciliation Order by Consent Issued Pursuant to 7 Del. C § 6005(b) (2) to Peninsula Compost Company, LLC, 110 South Poplar Street, Suite 400,
Wilmington, DE 19801

Dec. 31, 2014

Secretary’s Order No. 2014-WH-0027 — Notice of Administrative Penalty Assessment to David R. Kelley, President, Kelley Transport & Refuse, LLC, Denton, Md.

Oct. 1, 2014

Secretary’s Order No. 2014-W-0020 — Suspension of Class H System Inspector License No. 4236 for M & D Plumbing and Drain Cleaning Specialists, Inc., 1500 Gunter Road, Marydel, DE 19964, sent to Mike Megill

Aug. 14, 2014

Secretary’s Order No. 2014-A-0012 — Notice of Administrative Penalty Assessment to Pettinaro Construction Company Pursuant to 7 Del. C. § 6005

April 24, 2014

Secretary’s Order No. 2014-WH-0009 — Second Amended Notice of Conciliation Proceedings, Administrative Penalty Assessment and Secretary’s Order for Peninsula Compost Company LLC of Wilmington

Jan. 10, 2014

Secretary’s Order No. 2013-WH-0062 — Notice of administrative penalty assessment and Secretary’s Order, pursuant to 7 Del. C. § 6005, to Summit Aviation, Inc. of Middletown, Del.

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