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.
Sascha Mohammed
Environmental Appeals Board
89 Kings Highway, Dover, DE 19901
302-739-9000
Kevin Maloney
Deputy Attorney General
Delaware Department of Justice
302-577-8400
EAB-2020-01 – Cuppels – Withdrawal, April 9, 2021
EAB-2021-01 – Solvay – Dismissal of Appeal, Feb. 16, 2021
EAB 2017-12 – Mountaire – Withdrawal, Jan. 12, 2021
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.
Meetings and hearings of the Board are posted on this page, on the DNREC Calendar of Events and on the Delaware Public Meeting Calendar.
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.
May 25, 2021
Environmental Appeals Board Hearing: GT USA Wilmington, LLC
March 9, 2021
Environmental Appeals Board Hearing: Solvay Specialty Polymers USA, LLC (Dismissed)
December 22, 2020
Environmental Appeals Board Hearing: Upesh Vyas and Sitaram, Inc. (Canceled)
October 27, 2020
Environmental Appeals Board Hearing, Marshall Jenney (Canceled)
September 22, 2020
Environmental Appeals Board Hearing, Lewes Board of Public Works
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.
Related Topics: administration, appeals, boards and commissions, eab, permitting and regulation