Public Hearing: Clean Delaware Agricultural Utilization Permit, Request for Amendment

Date and Time:
Wednesday, November 20, 2019
6:00 pm

H.O. Brittingham Elementary School
402 Mulberry Street
Milton, Delaware

The DNREC Division of Water will conduct a public hearing (Docket #2019-P-W-0023) on a request from Clean Delaware, LLC, for several amendments to their existing agricultural utilization (AGU) permit. (Public Comment Period Closed)

The existing permit (State Permit Number AGU 1702-S-03) authorizes the land treatment of stabilized biosolids generated at small volume wastewater treatment facilities and other approved land treatable wastes at agronomic rates onto three non-contiguous farms comprising a total of approximately 254 acres. The existing permit also authorizes the application of lime-stabilized septage at agronomic rates onto a designated portion of the Milton Farm. The Milton Farm is located approximately one mile northwest of Milton, Delaware, the Harbeson site is located in the center of Harbeson, Delaware, and the Ellendale site is located approximately two miles east of Ellendale, Delaware.

The amendment requests include a request to apply certain land treatable wastes directly onto a cover crop without incorporation into the soil, to update field acreages based on a new survey, to allow septage application onto additional fields, and to adjust the frequency of sampling of land applied materials. Should the permit be amended, the Department will add additional safeguards to the existing permit to ensure a successful agricultural utilization program.

For additional information on this matter, and to review this application, contact Brian Churchill, Surface Water Discharges Section, at 302.739.9946 or by email at

Persons wishing to comment on this application may do so either orally or in written form at the public hearing on November 20, 2019. In lieu of attending the public hearing, written comment may be submitted to the Hearing Officer via the online comment form at, via email to, or via USPS to the Hearing Officer at the address below.

Docket #2019-P-W-0023

Public Hearing Officer

Lisa A. Vest
DNREC Office of the Secretary
89 Kings Highway
Dover, DE 19901

Public Hearing Materials

Public Notice (October 27, 2019)

DRAFT Amended Agricultural Utilization Permit (For Discussion Purposes)

DNREC Public Hearing Exhibits

Exhibit 1 – Clean Delaware Request for Permit Amendment (August 7, 2019)

Exhibit 2 – August 25, 2019 Legal Notices for the Amendment of State Permit Number AGU 1702-S-03

Exhibit 3 – Part III B and Part V of the Guidance and Regulations Governing the Land Treatment of Wastes

Exhibit 4 – September 22, 2019 Request from Chris Edginton and September 23, 2019 Request from Anthony Scarpa for a Public Hearing

Exhibit 5 – October 27, 2019 Public Hearing Legal Notices for the Amendment of Clean Delaware’s Agricultural Utilization Permit

Exhibit 6 – DNREC Events Calendar Posting of the 2019 Clean Delaware Permit Amendment Hearing Notice

Exhibit 7 – Email Notifications to Anthony Scarpa and Chris Edginton of November 20, 2019 Public Hearing

Exhibit 8 – DNREC PowerPoint Presentation on Clean Delaware’s permit application

Exhibit 9 – Comments on Clean Delaware’s Permit Amendment Application submitted by Anthony Scarpa and Chris Edginton

Public Comments

Shelly Cohen (11/20/2019)

Anthony Scarpa (11/20/2019)

Steve Palaszewski (11/26/2019)

Kelly McClure (11/28/2019)

Diane Friend (11/30/2019)

Keith Steck (11/30/2019)




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