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Environmental Appeals Board

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.

Contact

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

Meetings of the Environmental Appeals Board are posted on the Delaware Public Meeting Calendar.

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

John. F. Hollis, Sussex County

Robert Mulrooney, New Castle County

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.

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.

Active Appeals

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 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 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

The appeal challenges DNREC Air Quality Permit APC-82/0981 Operation (Amendment 12) Fluid Catalytic Cracking Unit FCCU, FCCU Carbon Monoxide BoilerCOB, FCCU COB Selective Non-Catalytic Reduction SNCR System and Wet Gas Scrubber for the operation of the FCCU.

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

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