The Delaware Environmental Appeals Board (EAB) hears appeals of decisions made by the Secretary of the Department of Natural Resources and Environmental Control (DNREC). The Board has the authority to affirm, modify or reverse a decision of the Secretary.

The Environmental Appeals Board was created by the Delaware General Assembly in 1973 (7 Del. Code, §6007). It operates under the Environmental Appeals Board Regulations (7 DE Admin. Code 105).

The Board has seven members, all Delaware residents, including two representatives from each of the state’s three counties and a chairperson. The chairperson serves at the pleasure of the Governor. The six other members serve 3-year terms. All are appointed by the Governor with the advice and consent of the state senate.

Filing An Appeal

Persons who are “substantially affected by any action of the Secretary” may appeal to the Board. The full appeal process is outlined in Section 2 of the Environmental Appeals Board Regulations (7 DE Admin Code 105). Decisions of the Environmental Appeals Board may be appealed to Delaware Superior Court.

Public Notices

• Before the Environmental Appeals Board of the State of Delaware: Marshall Jenney (10/7/2020)
• Before the Environmental Appeals Board of the State of Delaware: Lewes BPW (8/30/2020)
• Before the Environmental Appeals Board of the State of Delaware (7/19/2020)
• Environmental Appeals Board Hearing: Gulab’s Tire Center, LLC (10/23/2019)

Current Appeals

EAB 2020-06 – Marshall Jenney

This appeal challenges the DNREC response to the appellant’s Subaqueous Lands Lease Application dated May 22, 2020.

EAB 2020-05 – Lewes Board of Public Works

This appeal challenges the issuance of Well Permit Application #267709 to construct a geothermal supply well on tax parcel number 3-35-09000-0009.00.

EAB 2020-04 – Keep Our Wells Clean

This appeal challenges Secretary’s Order No. 2020-W-0008 approving the permit application for treated wastewater effluent disposal via spray irrigation at Artesian Northern Sussex Regional Water Recharge Facility in Milton.

EAB 2020-02 – Well Permit Application #267708 (Withdrawn)

This appeal challenges the denial of Well Permit Application #267708 (to construct a (portable) geo-thermal supply well on property identified by tax map number:3-35-8.00-9.00) by the DNREC Division of Water.

EAB 2020-01 – Gary Cuppels

The appeal challenges the Conciliatory Agreement between DNREC and Mountaire Farms executed by DNREC Secretary Shawn Garvin on December 13, 2019.

EAB 2019-08 – Delaware City Refining Company, LLC

The appeal challenges a Notice of Administrative Penalty Assessment and Secretary’s Order (2019-A-0043) issued by the Department of Natural Resources and Environmental Control on November 04, 2019.

EAB 2019-06 – Gulab’s Tire Center, LLC

The appeal challenges Secretary’s Order 2019-WH-0020 issued by the Department of Natural Resources and Environmental Control’s Division of Waste and Hazardous Substances on June 07, 2019.

EAB 2019-04 – John A. Nichols

The appeal challenges Secretary’s Order 2019-A-0019 issued by the Department of Natural Resources and Environmental Control’s Division of Air Quality on April 22, 2019.

EAB 2019-01 – Capitol Cleaners and Launderers, Inc.

The appeal challenges the Notice of Lien (DE-1172) issued by the Department of Natural Resources and Environmental Control on December 18, 2018.

EAB 2018-07 – Upesh Vyas and Sitaram, Inc.

The appeal challenges Secretarys Order No. 2018-WH-0064, issued by the Department of Natural Resources and Environmental Control’s Division of Waste and Hazardous Substances Tanks and Management Section on November 25, 2018.

EAB 2017-12 – Mountaire Farms of Delaware, Inc.

The appeal challenges the Spray Irrigation Operations Permit DEN number 359191704 reissued on July 31, 2017 by the Delaware Department of Natural Resources and Environmental Control and received by Mountaire on August 1, 2017.

EAB 2017-07 – Delaware Solid Waste Authority

The appeal challenges the DNREC issuance of a Notice of Violation in respect of Solid Waste Facility Permit SW-08/01; and DNREC’s attempt to extend the post closure care period governed under the Permit.

EAB 2017-06 – Delaware City Refining Company, LLC

The appeal challenges the issuance of a Significant Modification to the Title V Operating Permit for the DCRC Refinery, Permit AQM-003/00016-Part I, (Renewal 2)(Revision 1), AQM-0003/00016 Part II (Renewal I)(Revision I), AQM-003/00016 Part III, (Renewal 2)(Revision I) The Modified Permit.

Related Topics:  administration, appeals, boards and commissions, eab, permitting and regulation