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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.
Administrative Assistant
Environmental Appeals Board
89 Kings Highway, Dover, DE 19901
302.739.9000
Kevin Maloney
Deputy Attorney General
Delaware Department of Justice
302.577.8400
Meetings of the Environmental Appeals Board are posted on the Delaware Public Meeting Calendar.
Establishment of Environmental Appeals Board
(7 Del. Code, §6007)
Environmental Appeals Board Regulations
(7 DE Admin Code 105)
Dean E. Holden, Kent County (Chair)
Frances Riddle, Kent County
Michael A. Horsey, Sussex County
Sebastian A. LaRocca, New Castle County
Guy Marcozzi, New Castle County
Gordon Wood, Sussex County
Robert Mulrooney, New Castle County
EAB 2018-02 – Allen Harim Foods, LLC – Stipulation of Dismissal, October 30, 2018
EAB 2017-08 – Joseph and Margaret Booth / Thoro Kleen Dry Cleaners, July 3, 2018
EAB 2017-11 – Hometown Angola Beach, LLC, April 20, 2018
EAB 2017-09 – Suzanne E. P. Thurman, April 9, 2018
EAB 2017-02 – Schepens Septic Services, January 18, 2018
The Environmental Appeals Board was created by the Delaware General Assembly in 1973 (7 Del. Code, §6007). It 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.
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.
The appeal challenges Notice of Violation 18-SW-65 issued by DNREC to the Delaware Solid Waste Authority (DSWA) on October 02, 2018.
Public Hearing: February 12, 2019
The appeal challenges Notice of Violation 18-SW-58 issued by DNREC and received by Delaware Solid Waste Authority (DSWA) on September 26, 2018.
Public Hearing: January 22, 2019
The appeal challenges challenges the allegations against Rivers End Phase V (Rivers End) in Secretary’s Order 2018-WSS-0036.
Public Hearing: January 08, 2019
The appeal challenges the nature and extent of the violations during each of the two inspections in May and July 2017.
Public Hearing: Cancelled
The appeal challenges DNREC’s decision for Closure Activities as a Modification to Beneficial Use Determination #42/111217 to Lars Recycling, LLC.
Public Hearing: August 14, 2018
The appeal challenges Secretary’s Order No. 2017-W-0029. The Secretary’s Order approves Artesian Wastewater Management, Inc.’s Application to Amend the Construction Permit for Phase 1 of the Artesian Northern Sussex Regional Water Recharge Facility near Milton, DE.
Public Hearing: March 12, 2019
The appeal challenges Secretary’s Order No. 2017-WH-0027 and relates to the Thoro-Kleen Dry Cleaning and Laundry Site located on 11 Railroad Avenue in Georgetown, Delaware.
Public Hearing: November 27, 2018
The appeal challenges the Spray Irrigation Operations Permit DEN number 35919-04 reissued on July 31, 2017 by the Delaware Department of Natural Resources and Environmental Control and received by Mountaire on August 1, 2017.
Public Hearing: June 25, 2019
Appeal of Secretary Order 2017-W-0014 Ocean Outfall of Rehoboth Beach Waste Water Treatment Facility. Appellant is seeking mitigations and compliance with applicable Federal and State Laws, under special conditions of the Subaqueous Permit SP-292/16 and the associated Water Quality Permit WQ-292/16
Public Hearing: Cancelled
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.
Public Hearing: June 11, 2019
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.
Public Hearing: Cancelled
Public Hearing: February 27, 2018
Public Hearing: Cancelled
The appeal challenges the Resource Recovery Permit, No. SW-16/12, Item II.B.2, issued by the Department of Natural Resources and Environmental Control’s Division of Waste and Hazardous Substances on December 16, 2016.
Public Hearing: Cancelled
The appeal challenges the Secretary’s Notices of Lien dated December 8, 2014 and March 9, 2015, pursuant to 7 Del. C. sec. 9117.
Public Hearing: Cancelled
Related Topics: administration, appeals, boards and commissions, eab, permitting and regulation
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