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

Counsel

Kevin Maloney
Deputy Attorney General
Delaware Department of Justice
302.577.8400

Meetings and Hearings

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

Law and Regulations

Establishment of Environmental Appeals Board
(7 Del. Code, §6007)

Environmental Appeals Board Regulations
(7 DE Admin Code 105)

Members

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

Recent Decisions

EAB 2019-05 (DSWA) – Stipulation of Dismissal, September 12, 2019

EAB 2018-08 (DSWA), EAB 2018-09 (Greggo & Ferrara), and EAB 2018-10 (Contractors Hauling) – Decision and Final Order, May 8, 2019

EAB 2018-05 and EAB 2018-06 – DSWA – Decision and Final Order, April 17, 2019

EAB 2018-03 – Ronald Hastings – Decision and Final Order, March 7, 2019

Appeals Board Archives

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

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.

Public Hearing: October 22, 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.

Public Hearing: September 24, 2019

EAB 2019-03 - Delaware Environmental Justice Community Partnerships (DEJCP)

The appeal challenges the Settlement Agreement between the Department of Natural Resources and Environmental Control (DNREC) and Croda, Inc. issued on March 28, 2019.

Public Hearing: September 10, 2019

EAB 2019-02 - Martin Lampner, et al.

The appeal challenges Secretary’s Order No. 2019-W-0015, dated March 05, 2019, which approves a Marina permit and a Subaqueous Lands Lease to allow TAC Beacon 1, LLC to construct a minor marina at The Solitudes of White Creek Community, Ocean View, Sussex County, Delaware.

Public Hearing: July 9, 2019

EAB 2019-01 - Capitol Cleaners & 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.

Public Hearing: July 23, 2019

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.

Public Hearing: August 13, 2019

EAB 2017-14 - Keep Our Wells Clean

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

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

The appeal challenges the Spray Irrigation Oper20ations 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.

Public Hearing: June 25, 2019

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.

Public Hearing: June 11, 2019

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.

Public Hearing: Cancelled

EAB 2017-04 - Delaware City Refining Company, LLC

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.