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.
Environmental Appeals Board
89 Kings Highway
Dover, DE 19901
Deputy Attorney General
Delaware Department of Justice
EAB 2021-06 – Delaware City Refining Company, LLC – Withdrawal, March 18, 2022
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.
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.
June 14, 2022
Environmental Appeals Board Hearing: Walter F. Curran
On April 28, 2022, following a pubic hearing on April 12, the Environmental Appeals Board dismissed the appeal by the Delaware Community Benefits Agreement Coalition (DCBAC) and gave co-appellants a chance to file individual amended statements of appeal and affidavits or declarations establishing their standing to prosecute the appeal. (Public Hearing Transcript)
This appeal challenges the Department of Natural Resources and Environmental Control’s issuance of the Notice of Administrative Penalty Assessment and Secretary’s Order 2021-A-0011 served on March 22, 2021. (Statement of Appeal)
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.
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.
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 Nov. 4, 2019.
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 7, 2019.
The appeal challenges the Notice of Lien (DE-1172) issued by the Department of Natural Resources and Environmental Control on Dec. 18, 2018.
The appeal challenges Secretary’s 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 Nov. 25, 2018.
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.
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.