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Secretary’s Orders

A Secretary’s Order is a written decision by the Secretary of the Department of Natural Resources and Environmental Control (DNREC) to take a final action on behalf of the Department. A Secretary’s Order may apply to regulations established by DNREC, permitting decisions, or enforcement actions taken by the Department.

April 15, 2019

Secretary’s Order No. 2019-A-0018 — Extension of Emergency Order 2018-A-0072 (December 27, 2018)

Secretary’s Order No. 2019-A-0017 — Approving Final Regulations to Amend 7 DE Admin. Code 1140: Delaware Low Emission Vehicle (“LEV”) Program
(Hearing Officer’s Report included)

March 12, 2019

Secretary’s Order No. 2019-WS-0016 — Approving Final Regulations to Amend 7 DE Admin. Code 7402: Shellfish Sanitation Regulations
(Hearing Officer’s Report included)

Feb. 12, 2019

Secretary’s Order No. 2019-WH-0012 — Approving Final Regulations to Amend 7 DE Admin. Code 1375: Regulations Governing Hazardous Substance Cleanup
(Hearing Officer’s Report included)

Feb. 11, 2019

Secretary’s Order No. 2019-F-0011 — Approving Final Regulations to Amend 7 DE Admin. Code 3300: Non-Tidal Finfish (3301 Definitions & 3304 Creel Limits, Size Limits and Seasons)
(Hearing Officer’s Report included)

Jan. 31, 2019

DNREC and Delaware Dept. of Agriculture Secretary’s Orders on revised firearm regulations as necessitated by Delaware Superior Court Opinion of Oct. 11, 2018.

Secretary’s Order No. 2019-F-0009 — FINAL EXEMPT ORDER: 7 DE Admin. Code 3900: Wildlife

Secretary’s Order No. 2019-P-0010 — FINAL EXEMPT ORDER: 7 DE Admin. Code 9201: Regulations Governing State Parks

Secretary’s Order – Delaware Department of Agriculture — FINAL EXEMPT ORDER: 3 DE Admin. Code 402: State Forest Regulations

Jan. 17, 2019

Secretary’s Order No. 2019-WS-0007 — Approving Final Regulations to Amend 7 DE Admin. Code 5101: Delaware Sediment and Stormwater Regulations (“Stormwater Regulations”)
(Hearing Officer’s Report included)

Jan. 9, 2019

Secretary’s Order No. 2019-F-0003 — Pursuant to 29 Del. C 10119 and 7 DE C 903(h), DNREC is adopting amendments to Tidal Finfish Regulation 7 DE Admin. Code 3505 Striped Bass Commercial Fishing Seasons; Quotas; Tagging and Reporting Requirements without prior public notice or public hearing to assure that Delaware’s commercial striped bass fishery resource avoids unnecessary hardship, while preventing overfishing. 7 Del. C 903(h) authorizes the Department to adopt emergency regulations when such regulations are necessary to deal with an actual or imminent danger to a fishing resource or habitat involving finfish.

Jan. 3, 2019

Secretary’s Order No. 2019-F-0002 — Approving Final Regulations to Amend 7 DE Admin. Cod 3505: Striped Bass Commercial Fishing Seasons; Quotas; Tagging and Reporting Requirements
(Hearing Officer’s Report included)

Secretary’s Order No. 2019-WH-0001 — Approving Final Regulations to Amend 7DE Admin. Code 1302: Regulations Governing Hazardous Waste
(Hearing Officer’s Report included)

Dec. 27, 2018

Secretary’s Order No. 2018-A-0072 — Emergency Order adopting emergency amendments to the Delaware Low Emission Vehicles (LEV) Program, 7 DE Admin. Code 1140.

Dec. 17, 2018

Secretary’s Order No. 2018-A-0071 — Approving Final Regulations to Amend 7 DE Admin. Code 1101, Section 2.0, Definitions and Administrative Principles; 7 DE Admin. Code 1102, Appendix A, Section 15.0, Outdoor Painting and Sand Blasting Equipment; and proposed new Source Category Permit, Removal of Lead-Containing Coatings from Outdoor Water Tanks by Dry Abrasive Blasting
(Hearing Officer’s Report included)

Nov. 9, 2018

Secretary’s Order No. 2018-A-0061 — Approving Final Regulations to Amend 7 DE Admin. Code 1147: CO2 Budget Trading Program (“RGGI Regulations”)
(Hearing Officer’s Report included)

Secretary’s Order No. 2018-CCE-0059 — Approving Final Regulations to Amend 7 DE Admin. Code 2105: Evaluation, Measurement & Verification Procedures and Standards (“EM& V Regulations”)
(Hearing Officer’s Report included)

Oct. 26, 2018

Secretary’s Order No. 2018-F-0056 — Approving Final Regulations to Amend 7 DE Admin. Code 3512: Tautog: Size Limits, Creel Limits and Seasons
(Hearing Officer’s Report included)

Oct. 10, 2018

Secretary’s Order No. 2018-A-0055 — Approving Final Revisions to Delaware’s State Implementation Plan (“SIP”): Revision to Address Section 110 Infrastructure Requirements of the Clean Air Act for the 2015 National Ambient Air Quality Standards (“NAAQS”) for Ground-Level Ozone
(Hearing Officer’s Report included)

Oct. 3, 2018

Secretary’s Order No. 2018-A-0053 — FINAL EXEMPT ORDER: 7 DE Admin. Code 1134: Emission Banking and Trading Program

Sept. 20, 2018

Secretary’s Order No. 2018-CCE-0052 — FINAL EXEMPT ORDER: 7 DE Admin. Code 108: Delaware Coastal Management Program – Federal Consistency Policies and Procedures

Sept. 19, 2018

Secretary’s Order No. 2018-F-0051 — Approving Final Regulations to Amend 7 DE Admin. Code 3511: Summer Flounder Size Limits; Possession Limits; Seasons
(Hearing Officer’s Report included)

Aug. 27, 2018

Secretary’s Order No. 2018-F-0047 — Approving Final Regulations to Amend 7 DE Admin. Code 3507: Black Sea Bass Size Limit; Trip Limits, Seasons; Quota
(Hearing Officer’s Report included)

July 9, 2018

Amendment to Secretary’s Order No. 2018-P-0030 — ERRATA. PLEASE NOTE: The Secretary’s Order that approved Final Regulations of 7 DE Admin. Code 109, Regulations Governing the Guidelines to Evaluate Land Being Considered/or Permanent Protection, as published in the June 1, 2018 issue of the Delaware Register of Regulations (21 DE Reg. 986) by the State Registrar’s Office, contained clerical errors that are corrected herein.

June 28, 2018

Secretary’s Order No. 2018-F-0035 — Pursuant to 29 Del.C. §10119, the Department of Natural Resources and Environmental Control is adopting amendments to Tidal Finfish Regulation 7 DE Admin. Code 3512: Tautog; Size Limits, Creel Limits and Seasons by Emergency Order of the DNREC Secretary, without prior notice or public hearing to ensure that Delaware’s tautog fishing resource avoids unnecessary hardship, benefits from a sustainable harvest strategy, and remains competitive with similar fishing resources in Maryland and Virginia.
(Hearing Officer’s Report included)

May 17, 2018

Secretary’s Order No. 2018-W-0031 — Approving Final Regulations to Amend 7 DE Admin. Code 7102: Regulations Governing Underground Injection Control
(Hearing Officer’s Report included)

May 15, 2018

Secretary’s Order No. 2018-P-0030 — Approving Final New Regulations: 7 DE Admin. Code 109: Regulations Governing the Guidelines to Evaluate Land Being Considered for Permanent Protection (“Open Space Regulations”)
(Hearing Officer’s Report included)

April 17, 2018

Relating to Firearms regulations within Delaware State Parks, wildlife areas and state forests. (Hearing officer’s report included for all orders listed below).

Secretary’s Order No. 2018-P-0027 (Extension of Emergency Order No. 2017-P-0030)

Secretary’s Order (for Delaware Department of Agriculture) Extension of Emergency Order of Dec. 26, 2017)

Secretary’s Order No. 2018-F-0028 (Final Reg. Amendments to 7 DE Admin. Code 3900: Wildlife)

Secretary’s Order No. 2018-P-0029 (Final Reg. Amendments to 7 DE Admin. Code 9201: State Parks)

Secretary’s Order (for DDA) Final Reg. Amendments to 3 DE Admin. Code 402: State Forests

April 13, 2018

Amendment to Secretary’s Order No. 2018-W-0006 — Approving Final Regulations to Amend 7 DE Admin. Code 7204: Regulations for Licensing Operators of Wastewater Facilities

Secretary’s Order No. 2018-F-0026 — Pursuant to 29 Del. C. § 10119 and 7 Del. C. § 903(h) the Department of Natural Resources and Environmental Control is adopting amendments to Tidal Finfish Regulation 7 DE Admin. Code 3511, Summer Flounder Size Limits; Possession Limits; season, without prior notice or public hearing to ensure that Delaware’s recreational Summer Flounder fishery resource avoids unnecessary hardship, benefits from a sustainable harvest liberalization, and remains competitive with similar fishing resources in New Jersey, Maryland and Virginia.

Secretary’s Order No. 2018-WH-0025 — Approving Final Regulations to amend 7 DE Admin. Code 1301, Delaware Regulations Governing Solid Waste
(Hearing Officer’s Report included).

Secretary’s Order No. 2018-F-0024 — Approving Final Regulations to Amend 7 DE Admin. Code 3301, Non-Tidal Finfish, the proposed regulation amendments expand recreational freshwater trout angling opportunities, by formally defining that portion of Red Clay Creek from the dam just below the boundary between the State of Delaware and the Commonwealth of Pennsylvania to the bridge at Yorklyn Road as a designated trout stream.

Secretary’s Order No. 2018-A-0023 — Final exempt order, 7 DE Admin. Code 1117: Source Monitoring: Record Keeping and Reporting. DNREC hereby revises Section 1117 of Title 7 of the Delaware Administrative Code to correct all referencing errors concerning 7 DE Admin. Code 1123, as the Department recently repealed 7 DE Admin. Code 1123 (as set forth previously in Secretary’s Order No. 2018-A-0004 issued February 1, 2018, and as previously published in the March 1, 2018 edition of the State of Delaware Register of Regulations).

Secretary’s Order No. 2018-A-0022 — Final Exempt Order, 7 DE Admin. Code 1114: Visible Emissions. Pursuant to 29 Del.C. §10113(b)(4), DNREC hereby revises Section 1114 of Title 7 of the Delaware Administrative Code to correct all referencing errors concerning 7 DE Admin. Code 1123, as the Department recently repealed 7 DE Admin. Code 1123 (as set forth previously in Secretary’s Order No. 2018-A-0004 issued February 1, 2018, and as previously published in the March 1, 2018 edition of the State of Delaware Register of Regulations).

Feb. 12, 2018

Secretary’s Order No. 2018-A-0008 — State Implementation Plan (“SIP”), to wit: (1) Certification of Delaware’s Non-Attainment New Source Review and Emissions Statement Programs; and (2) Negative Declaration for Emissions Sources Specified in the Oil and Gas Control Techniques Guidelines (“CTG”)
(Hearing officer’s report and technical response memorandum included)

Feb. 6, 2018

Secretary’s Order No. 2018-A-0007 — Approving Final Regulations to Amend 7 DE Admin. Code 1140: Delaware Low Emission Vehicle Program
(Hearing officer’s report and technical response memorandum included)

Feb. 1, 2018

Secretary’s Order No. 2018-A-0005 — Approving Final Regulations to Amend 7 DE Admin. Code 1136: “Acid Rain Program”
(Hearing officer’s report and technical response memorandum included)

Secretary’s Order No. 2018-A-0004 — Approving Final Repeal of 7 DE Admin. Code 1123: Standards of Performance for Steel Plants: “Electric Arc Furnaces”
(Hearing officer’s report and technical response memorandum included)

Dec. 27, 2017

Secretary’s Order No. 2017-P-0030 — Pursuant to 29 Del.C. §10119, the Department of Natural Resources and Environmental Control adopts the attached emergency amendments to the Regulations Governing State Parks, 7 Delaware Administrative Code §9201, and the Regulations the General Rules and Regulations Governing Land and Waters Administered by the Division of Fish and Wildlife, 7 Delaware Administrative Code §3900. These regulations are issued by the Secretary pursuant to the power conveyed by the General Assembly for DNREC to “[m]ake and enforce regulations relating to the protection, care and use of the areas it administers,” 7 Del.C. §470l(a)(4), and to “[e]stablish and promulgate such rules and regulations governing the administration and operation of the Department as may be deemed necessary by the Secretary and which are not inconsistent with the laws of this State.” 29 Del.C. §8003(7).
(Interim regulations included in the Order)

Aug. 15, 2017

Secretary’s Order No. 2017-WS-0021 — Pursuant to DE Code Title 7, Ch. 60 and Title 29, Ch. 80 and DE Administrative Code 7402 “Shellfish Sanitation Regulations” 3.1.5, the DNREC Secretary has the authority to open shellfish growing areas that were closed based on emergency conditions.

Aug. 14, 2017

Secretary’s Order No. 2017-WS-0020 — Approving Final Regulations to Amend 7 DE Admin. Code 7401: Surface Water Quality Standards
(Hearing officer’s report and technical response memorandum included)

Secretary’s Order No. 2017-F-0019 — Approving Final Regulations to Amend 7 DE Admin. Code 3511: Summer Flounder Size Limits; Possession Limits; Seasons
(Hearing officer’s report and technical response memorandum included)

July 18, 2017

Secretary’s Order No. 2017-WS-0018 — Pursuant to the authority granted to the Secretary of the Department of Natural Resources and Environmental Control pursuant to Delaware Code Title 7, Chapter 60 and Title 29, Chapter 80 and Delaware Administrative Code 7402 Shellfish Sanitation Regulations 3.1.5, the Secretary has the authority to close shellfish growing areas in response to events which could affect the introduction of contaminants into shellfish growing waters. Based upon the recommendation of the Division of Watershed Stewardship’s Shellfish Program, as outlined in the attached Memorandum of Record, the Delaware Bay (GA-1), north of the entrance to the Mispillion Inlet, will be placed under emergency closure due to contamination of the growing area by undertreated wastewater.

July 5, 2017

Secretary’s Order No. 2017-EC-0017 — Approving Final Regulatory Repeal of 7 DE Admin. Code 2102: Implementation of the Renewable Energy Portfolio Standards
(Hearing officer’s report and technical response memorandum included)

June 13, 2017

Secretary’s Order No. 2017-F-0016 — Emergency Secretary’s Order Pursuant to 29 Del.C. § 10119 and 7 Del.C. § 903(h) 7 DE Admin. Code 3511: Summer Flounder Size Limits; Possession Limits; Seasons.

May 30, 2017

Secretary’s Order No. 2017-A-0015 — Approving Final Regulations to Amend 7 DE Admin. Code 1120, New Source Performance Standards, to wit: the adoption of a new Section 30.0 (as required by 40 CFR Part 60, Subpart XXX and 40 CFR Part 60, Subpart Cf); and proposed revisions to Delaware’s Section lll(d) State Plan for the Regulation of Air Emissions from Municipal Solid Waste Landfills
(Hearing Officer’s Report included)

March 14, 2017

Secretary’s Order No. 2017-WH-0013 — Approving Final Regulations to Amend 7 DE Admin. Code 1352: Regulations Governing Aboveground Storage Tank Systems
(Hearing Officer’s Report included)

Secretary’s Order No. 2017-WS-0011 — Final Exempt Order: 7 DE Admin. Code §5102: Regulations Governing Beach Protection and the Use of Beaches

Feb. 7, 2017

Secretary’s Order No. 20017-WS-0005 — Emergency order: Pursuant to DE Admin. Code Title 7, Chapter 60 and Title 29, Chapter 80 and DE Admin. Code 7402 Shellfish Sanitation Regulations 3.1. 5, the Secretary has the authority to close shellfish growing areas in response to events which could affect the introduction of contaminants into shellfish growing waters. Based upon the recommendation of the Division of Watershed Stewardship’s Shellfish Program, as outlined in the attached Memorandum of Record, the Delaware Bay (GA-1) will be placed under emergency closure due to contamination of the growing area by untreated wastewater. The Delaware Bay will remain closed to all commercial and recreational bivalve molluscan shellfish (clams, oysters and mussels) harvest. This closure will remain in effect for 21 days following the end of the sewage spill.

Jan. 17, 2017

Secretary’s Order No. 2017-WH-0002 — Approving Final Regulations, 7 DE Admin. Code 1305, Universal Recycling Regulations
(Hearing officer’s report and technical response memorandum included)

Dec. 21, 2016

Secretary’s Order No. 2016-W-0049 — The Department of Natural Resources and Environmental Control, Division of Fish & Wildlife’s Application To Approve Designated Shellfish Aquaculture As A Statewide Activity Pursuant To Section 2.5 Of 7 DE Admin. Code 7204.
(Hearing officer’s report and technical response memorandum included)

Dec. 16, 2016

Secretarys-Order-No-2016-EC-0048 — Approving Final New Revised Regulation, 7 DE Admin. Code §2105: Evaluation, Measurement & Verification Procedures and Standards (“EM & V Regulations”)

Nov. 21, 2016

Secretary’s Order No. 2016-A-0047 — Approving Final Amendments to the following existing Delaware Regulations: (1) 7 DE Admin. Code §1104, “Particulate Emissions from Fuel Burning Equipment”; (2) 7 DE Admin. Code §1105, “Particulate Emissions from Industrial Process Operations”; (3) 7 DE Admin. Code §1124, “Control of Volatile Organic Compound Emissions”; (4) 7 DE Admin. Code §1142, “Specific Emission Control Requirements”; and correlating Final Revisions to Delaware’s State Implementation Plan (“SIP”) to address the Start-up, Shutdown, and Malfunction SIP Call of the United States Environmental Protection Agency (U.S. EPA)
(Hearing Officer’s Report included)

Nov. 15, 2016

Secretary’s Order No. 2016-F-0046 — Approving Final Regulations to Amend 7 DE Admin. Code §§3503-05, as follows, to wit: 7 DE Admin. Code 3503: Striped Bass Recreational Fishing Seasons; Methods of Take; Creel Limit; Possession Limit; 7 DE Admin. Code 3504: Striped Bass Possession Size Limit; Exceptions; 7 DE Admin. Code 3505: and Striped Bass Commercial Fishing Seasons; Quotas; Tagging and Reporting Requirements
(Hearing Officer’s Report included)

Secretary’s Order No. 2016-A-0045 — Approving Final Regulations to Amend 7 DE Admin. Code §1125: Requirements/or Preconstruction Review, specifically, to revise Table 1-1, “Global Warming Potentials”
(Hearing Officer’s Report included)

Oct. 17, 2016

Secretary’s Order No. 2016-W-0042 — FINAL EXEMPT ORDER 7 DE Admin. Code §7301: Regulations Governing the Construction and Use of Wells.
Under the authority vested in the Secretary of the Department of Natural Resources and Environmental Control pursuant to 29 Del.C. §10113(b)(4), DNREC has revised Section 7301 of Title 7 of the Delaware Administrative Code to correct the technical errors found after the final adoption of this regulation (as set forth previously in Secretary’s Order No. 2016-W-0033)
(Hearing Officer’s Report included)

Secretary’s Order No. 2016-A-0037 — Approving Final Regulations to Amend 7 DE Admin. Code §1101,Definitions and Administrative Principles, Section 2.0: Definitions
(Hearing Officer’s Report included)

Sept. 13, 2016

Secretary’s Order No. 2016-WH-0030 — Approving Final Regulations to Amend 7 DE Admin. Code 1301: Regulations Governing Solid Waste, to wit: Scrap Tire Facility Management Provisions
(Hearing Officer’s Report included)

Aug. 17, 2016

Secretary’s Order No. 2016-W-0033 — Approving Final Regulations to Amend 7 DE Admin. Code §7301: Regulations Governing the Construction and Use of Wells
(Hearing Officer’s Report included)

Aug. 12, 2016

Secretary’s Order No. 2016-WS-0034 –Approving Final Regulations to Amend 7 DE Admin. Code §7402: Shellfish Sanitation Regulations (Prohibited Shellfish Growing Areas; Seasonally Approved Shellfish Growing Areas [Appendix, 1 & 3, respectively])
(Hearing Officer’s Report included)

July 15, 2016

Secretary’s Order No. 2016-WS-0023 — Approving Final Revised Amendments to the Regulation Governing Beach Protection and the Use of Beaches, pursuant to 7 DE Admin. Code §5102
(Hearing officer’s report and technical response memorandum included)

June 30, 2016

Secretary’s Order No. 2016-W-0025 — Conciliation order by consent issued pursuant to 7 Del. C. § 6005(b) to City of Dover to address past and current violations and ensure compliance with 7 Del. C. Chapter 60, the Phase II MS4 Permit (NPDES Permit# DE0051161, State Permit #WPCC 3033/03) and Del. Admin. C. § 7201, State of Delaware Regulations Governing the Control of Water Pollution, § 7201-9 .1 of the “Regulations Governing Storm Water Discharges Associated with Industrial Activities”

June 25, 2016

Secretary’s Order No. 2016-WS-0029 — Pursuant to Senate Bill 253 with Senate Amendment 2 (SB 253 WI SA 2), signed by the Governor on
June 24, 2016, which amends Title 7, Chapter 40 of the Delaware Code, DNREC will continue to utilize the previously-adopted 2016 Emergency Delaware Sediment & Stormwater Regulations, (7 DE Admin Code 5101) that incorporates the April 2016 Technical Document. In addition, the Department will apply the new provisions in SB 253 WI SA 2, to review and approve Sediment and Stormwater Management Plans, pending promulgation of comprehensive new regulations currently being developed by the Department and the Regulatory Advisory Committee (RAC)

June 14, 2016

Secretary’s Order No. 2016-F-0027 — Emergency Striped Bass Regulations Pursuant to 29 Del. C. § 10119 and 7 Del. C. § 903(h), adopting amendments to Tidal Finfish Regulation 3504 without prior notice or public hearing, to assure that Delaware’s commercial striped bass harvesters are not burdened with an unnecessary harvest constraint that also results in unintended wanton waste of fish, etc.

June 10, 2016

Secretary’s Order No. 2016-F-0026 — Approving Final Regulations to Amend 7 DE Admin. Code §3774: Oyster Minimum Size Limit
(Hearing officer’s report and technical memorandum included)

April 15, 2016

Secretary’s Order No. 2016-WS-0019 — Pursuant to 29 Del. C. §10119, the Department of Natural Resources and Environmental Control adopts as an emergency regulation the previously-adopted 2014 Delaware Sediment& Stormwater Regulations, (7 DE Admin Code 5101) and further adopts the April 2016 Technical Document, without prior notice or public hearing, in the interest of public health, safety and welfare, consistent with the authority of 7 Del. C. Ch. 40, Erosion and Sedimentation Control

March 18, 2016

Secretary’s Order No. 2016-F-0014 — Approving Final Regulations to Amend 7 DE Admin. Code §3900, to wit: Section 4.0, Seasons; and Section 23.0, Non-native/Invasive Wildlife
(Hearing Officer’s Report included)

Secretary’s Order No. 2016-WH-0011 — Approving Final Regulations to Amend 7 DE Admin. Code 1302: Delaware Regulations Governing Hazardous Waste
(Hearing Officer’s Report included)

Amendment-to-Secretarys-Order-No-2016-P-0006 — Approving Final Regulations to Amend 7 DE Admin. Code §9201: Regulations Governing State Parks
(Hearing Officer’s Report included)

March 16, 2016

Secretary’s Order No. 2016-WS-0013 — Pursuant to Delaware Code Title 7, Chapter 60 and Title 29, Chapter 80, closure of the Seasonally-Approved Shellfish Harvesting Area identified in 7402 Shellfish Sanitation Regulations, Appendix 3, Rehoboth Bay 1.
(Memorandum of Record included)

Feb. 15, 2016

Secretary’s Order No. 2016-P-0006 — Approving Final Regulations to Amend 7 DE Admin. Code §9201: Regulations Governing State Parks
(Hearing officer’s report and technical response memorandum included)

Jan. 15, 2016

Secretary’s Order No. 2016-WH-0001 — Approving Final Regulations to Amend 7 DE Admin. Code 1351: Delaware Regulations Governing Underground Storage Tank Systems
(Hearing Officer’s Report included)

Secretary’s Order No. 2016-A-0002 — Approving Final Regulations to Amend 7 DE Admin. Code §1141, Limiting Emissions of Volatile Organic Compounds from Consumer and Commercial Products, Section 2.0: Consumer Products
(Hearing Officer’s Report included)

Dec. 15, 2015

Secretary’s Order No. 2015-EC-0047 — Approving Final New Revised Regulation: Regulations Governing the Implementation of the Renewable Energy Portfolio Standards Cost Cap Provisions, pursuant to 26 Del.C. § 354(i) & (j) – 7 DE Admin. Code §104
(Hearing Officer’s Report included)

Dec. 15, 2015

Secretary’s Order No. 2015-F-0036 — Approving Final Regulations to Amend 7 DE Admin. Code §3500: Tidal Finfish, to include new Section 3542, to wit: 7 DE Admin. Code §3542: Tilefish
(Hearing officer’s report and technical response memorandum included)

Oct. 16, 2015

Secretary’s Order No. 2015-WS-0040 — Adopting emergency interim sediment and stormwater regulations, reinstating 2014 regulations invalidated by Superior Court Oct. 7, 2015

Oct. 15, 2015

Secretary’s Order No. 2015-WH-0039 — Approving Final Regulations to Amend 7 DE Admin. Code 1301: Delaware Regulations Governing Solid Waste
(Hearing Officer’s Report included)

September 22, 2015

Secretary’s Order No. 2015-WH-0014 — Approving Final Regulations to Amend 7 DE Admin. Code 1301: Delaware Regulations Governing Solid Waste, to wit: Scrap Tire Facility Management Provisions
(Hearing Officer’s Report included)

September 15, 2015

Secretary’s Order No. 2015-F-0037 — Approving Final Regulations to Amend 7 DE Admin. Code §3507, Delaware Black Sea Bass: Size Limit, Trip Limits, Seasons, and Quotas
(Hearing Officer’s Report included)

September 8, 2015

Secretary’s Order No. 2015-A-0035 — Approving Final Regulations to Amend 7 DE Admin. Code §1138, Emission Standards for Hazardous Air Pollutants for Source Categories, Section 6: Chromium Electroplating and Anodizing Tanks
(Hearing Officer’s Report included)

Secretary’s Order No. 2015-F-0032 — Approving Final Regulations to Amend 7 DE Admin. Code §§3710-12, as follows, to wit: 7 DE Admin. Code 3710: Conch; 7 DE Admin. Code 3711: Conch Minimum Size Limits; and replacing 7 DE Admin. Code 3712: Commercial Conch Dredge Licenses with a new Section 3712, to wit: Commercial Conch Season
(Hearing Officer’s Report included)

August 17, 2015

Secretary’s Order No. 2015-A-0030 — Approving Amendment to Section 36 “Stage II Vapor Recovery” in Regulation 1124 “Control of Volatile Organic Compound Emissions” of Regulations Governing the Control of Air Pollution, 7 DE Admin. Code 1124
(Hearing Officer’s Report included)

June 9, 2015

Secretary’s Order No. 2015-WH-0023 — Approving Final Regulations to Amend 7 DE Admin. Code 1375: Delaware Regulations Governing Hazardous Substance Cleanup
(Hearing Officer’s Report included)

May 21, 2015

Secretary’s Order No. 2013-W-0047 — Request of Everett T. Conaway and Jesse Frederick Conaway to correct Department wetlands map #419 for property near Bethel, Sussex County
(Hearing Officer’s Report included)

May 6, 2015

Secretary’s Order No. 2015-F-0020 — Emergency Regulation Order. Pursuant to 29 Del. C. § 10119 DNREC is adopting amendments to Tidal Finfish Regulation 3507 without prior notice or public hearing to assure that Delaware’s black sea bass season is consistent with the federal recreational black sea bass season and to avoid the actual and imminent danger to this fishing resource and its associated businesses.

April 14, 2015

Secretary’s Order No. 2015-WH-0015 — Approving Final Regulations to Amend 7 DE Admin. Code 1302: Delaware Regulations Governing Hazardous Waste
(Hearing Officer’s Report included)

March 30, 2015

Secretary’s Order No. 2015-F-0010 — Approving Final Regulations to Amend 7 DE Admin. Code §§3502-06, as follows, to wit: 7 DE Admin. Code 3502: Striped Bass Spawning Season and Area Restrictions; 7 DE Admin. Code 3503: Striped Bass Recreational Fishing Seasons; Methods of Take; Creel Limit; Possession Limit; 7 DE Admin. Code 3504: Striped Bass Possession Size Limit; Exceptions; 7 DE Admin. Code 3505: Striped Bass Commercial Fishing Seasons; Quotas; Tagging and Reporting Requirements; and 7 DE Admin. Code 3506: Striped Bass Total Length Measurement
(Hearing Officer’s Report included)

March 6, 2015

Secretary’s Order No. 2015-F-0007 — Emergency Regulation Order. Pursuant to 29 Del. C. § 10119, the Department of Natural Resources and Environmental Control is adopting amendments to Non-Tidal Finfish Regulation 3304 Creel Limits and Seasons for trout (7 DE Admin Code 3304 Sections 3.1.2 and 3.4.2) without prior notice or public hearing in the interest of public safety.
(Hearing Officer’s Report included)

February 18, 2015

Secretary’s Order No. 2015-F-0003 — Approving Final Regulations to Amend 7 DE Admin. Code 3541: Atlantic Sharks
(Hearing Officer’s Report included)

October 15, 2014

Secretary’s Order No. 2014-WS-0022 — Adoption of Amendment to 7 DE Admin Code 5101 Sediment and Stormwater Regulations
(Hearing Officer’s Report included)

August 22, 2014

Secretary’s Order No. 2014-WS-0019 –Approving Amendment to 7 DE Admin. Code Regulation 7401, Surface Water Quality Standards
(Hearing Officer’s Report included)

August 11, 2014

Secretary’s Order No. 2014-F-0017 — Approving Final Regulation Amendments to 7 DE Admin. Code 3521: Weakfish Size Limit; Possession Limit; Seasons
(Hearing Officer’s Report included)

July 22, 2014

Secretary’s Order No. 2014-A-0015 — Approving Revised Final Revision to the Delaware 2011 Base Year State Implementation Plan (SIP) Emission Inventory for Volatile Organic Compounds (VOCs), Nitrogen Oxides (NOx) and Carbon Monoxide (CO) for Areas of Marginal Non-Attainment under the 2008 Ozone National Ambient Air Quality Standard (NAAQS)
(Hearing Officer’s Report included)

July 18, 2014

Secretary’s Order No. 2014-A-0014 — Approval of Revision to the Delaware State Implementation Plan for Meeting Reasonably Available Control Technology Requirements Under the Federal Clean Air Act
(Hearing Officer’s Report included)

July 15, 2014

Secretary’s Order No. 2014-F-0013 — Approving Final New Regulations to 7 DE Admin. Code 3801, Shellfish Aquaculture
(Hearing Officer’s Report included)

May 11, 2014

Secretary’s Order No. 2014-EC-0008 — Approving Final New Regulation to adopt the most recent and/or highest available version of the International Energy Conservation Code, and the latest ASHRAE/IENSA Energy Standard as required by 16 Del.C. §7602, as well as 29 Del.C. § 8058, hereinafter to be known as 7 DE Admin. Code 103: State Energy Conservation Code
(Hearing Officer’s Report included)

Secretarys Order No. 2014-F-0007 — Approving Final Regulations to Amend 7 DE Admin. Code 3507, Delaware Black Sea Bass: Size Limit, Trip Limits, Seasons, and Quotas
(Hearing Officer’s Report included)

Secretarys Order No. 2014-F-0006 — Approving Final Regulation Amendments to 7 DE Admin. Code 3511: Summer Flounder Size Limits; Possession Limit; Seasons
(Hearing Officer’s Report included)

March 14, 2014

Secretary’s Order No. 2014-WH-0004 — Approving amendments to the Delaware Regulations Governing Hazardous Waste 7DE Admin. Code 1302
(Hearing Officer’s Report included)

February 25, 2014

Secretary’s Order No. 2014-0TS-0003 — Proposed Regulation Repeal of 7 DE Admin. 103, also known as Delaware’s Chronic Violator Regulation

January 10, 2014

Secretary’s Order No. 2013-F-0057 — Approving Final Regulations to Amend 7 DE Admin. Code 3900, Delaware Regulations Governing Wildlife: Sections 1.0 (Definitions); Sections 2.0 (Method of Take); 4.0 (Seasons); 7.0 (Deer); and 23.0 (Non-Native/Invasive Wildlife)
(Hearing Officer’s Report included)

Secretary’s Order No. 2014-WD-001 — Coyote Depredation Order

January 7, 2014

Secretary’s Order No. 2013-W-0060 — Approving Final Regulations to Amend 7 DE Admin. Code 7101, Delaware Regulations Governing the Design, Installation and Operation of On-Site Wastewater Treatment and Disposal Systems
(Hearing Officer’s Report included)

April 22, 2019

Secretary’s Order No. 2019-A-0019 — Permit applications of Diamond State Generating Partners, LLC/Bloom Energy, pursuant to 7 DE Admin. Code 1102, to upgrade the fuel cell units at both its Brookside and Red Lion facilities, located in Newark, Delaware, and New Castle, Delaware, respectively.
(Hearing Officer’s Report)

March 5, 2019

Secretary’s Order No. 2019-W-0015 — Revised application of TAC Beacon 1, LLC, to construct and operate a minor marina, including a community structure, 12-slip marina (to consist of 10 boat slips and 2 personal watercraft slips), and a single-lane boat ramp in White Creek, located at The Solitudes of White Creek Community, Ocean View, Sussex County, Delaware, necessitating Applicant to obtain the following: (1) a Marina Permit; and (2) a Subaqueous Lands Lease.
(Hearing Officer’s Report included)

Dec. 5, 2018

Secretary’s Order No. 2018-W-0069 — Application of Dogfish Head Craft Brewery to amend its existing Agricultural Utilization Permit, State Permit Number AGU 1406-S-05, to include an additional land application site known as the Young Farm, located approximately 4 miles southwest of the Town of Milton in Sussex County, Delaware.
(Hearing officer’s report and technical response memorandum included)

Nov. 14, 2018

Secretary’s Order No. 2018-W-0060 — Application of Silver Run Electric, LLC, to construct a 230-kilvolt alternating current (AC) electric transmission line, connecting the PSE&G Hope Creek Substation expansion on Artificial Island, Salem County, New Jersey, to the proposed Silver Run Substation located at 471 Silver Run Road, Middletown, Delaware, thus necessitating Applicant to obtain the following: (1) Wetlands Permit (WE-413/18); and (2) Subaqueous Lands Lands Lease (SL-413/18)
(Hearing Officer’s Report included)

Secretary’s Order No. 2018-WH-0058 — Application of Blessing Greenhouses and Compost Facility, Inc., for a State of Delaware Solid Waste Transporter Permit
(Hearing Officer’s Report included)

Sept. 10, 2018

Secretary’s Order No. 2018-W-0050 — Application of Denali Water Solutions to amend its existing Non-Hazardous Liquid Waste Transporters Permit No. DE 0H-601 to include the transporting of industrial process wastewater from a de-boning operation at Allen Harim’s Millsboro facility to Allen Harim’s Harbeson facility
(Hearing officer’s report and technical response memorandum included)

Secretary’s Order No. 2018-W-0049 — Application of Mountaire Farms of Delaware, Inc., for renewal of its existing Non-Hazardous Liquid Waste Transporters Permit (DE OH-091)
(Hearing officer’s report and technical response memorandum included)

Secretary’s Order No. 2018-W-0048 — Application of Chesapeake Environmental Services, LLC, to amend its existing Non-Hazardous Liquid Waste Transporters Permit No. DE WH-213 to include the transporting of sludge from a two (2) million-gallon lagoon at Allen Harim’s Millsboro facility to Allen Harim’s Harbeson facility
(Hearing officer’s report and technical response memorandum included)

Aug. 8, 2018

Secretary’s Order No. 2018-A-0046 — Application of Mountaire Farms of Delaware, Inc., to amend its existing Reg. 1102 Natural Minor Permit to allow for replacement of two (2) existing baghouses with two (2) new reverse air flow baghouses for Receiving Pit Nos. 1 and 3 at its Millsboro facility, located at 29106 John J. Williams Highway, Millsboro, in Sussex County, Delaware.
(Hearing officer’s report and technical response memorandum included)

Aug. 2, 2018

Secretary’s Order No. 2018-W-0045 — Application of Hometown Angola Beach, LLC, to construct a major marina alteration to Angola Beach and Estates Marina by installing an additional fifty-two (52) slips to its existing seventy-six (76) slip Marina, thus necessitating Applicant to obtain the following: (1) Renewal/Amendment of the existing Marina Permit; (2) a Subaqueous Lands Permit and Water Quality Certification; and (3) Renewal/Amendment of the existing Subaqueous Lands Lease
(Hearing officer’s report and technical response memorandum included)

Secretary’s Order No. 2018-W-0044 — Application of Angola By The Bay, Property Owners Association, to construct and operate an additional twenty-four (24) slips to its existing 130-slip Marina, thus necessitating Applicant to obtain the following: (1) Renewal Amendment of the existing Marina Permit; (2) a Subaqueous Lands Permit and Water Quality Certification; and (3) Renewal Amendment of the existing Subaqueous Lands Lease
(Hearing officer’s report and technical response memorandum included)

July 31, 2018

Secretary’s Order No. 2018-A-0043 — Application of Luther Towers II for an Air Quality Permit to construct and operate one diesel generator, located at 1420 North Franklin Street, Wilmington, Delaware
(Hearing officer’s report and technical response memorandum included)

July 18, 2018

Secretary’s Order No. 2018-W-0038 — Delaware City Refining Company, LLC’s Application to Renew National Pollutant Discharge Elimination System Permits for its Delaware City Refinery and Delaware City Power Plant at 4550 Wrangle Hill Road, Delaware City in New Castle County
(Hearing officer’s report and technical response memorandum included)

May 30, 2018

Secretary’s Order No. 2018-CZ-0033 — Application of Essential Minerals, LLC, for a Coastal Zone Act Permit to construct and operate a calcium carbonate (limestone) powder manufacturing facility at 901 A/B
Lambson Lane, New Castle, Delaware
(Hearing officer’s report and technical response memorandum included)

April 3, 2018

Secretary’s Order No. 2018-W-0021 — Application for a Sludge Storage Permit of Mountaire Farms of Delaware, Inc. for its Millsboro Poultry Processing Complex at 29005 John J. Williams Highway, Millsboro, Sussex County
(Hearing officer’s report and technical response memorandum included)

Feb. 1, 2018

Secretary’s Order No. 2018-W-0003 — Bayville Communities, LLC’s Application for Permission under the Subaqueous Lands Act to Construct and Operate The Overlook Community Marina on Little Assawoman Bay, Selbyville, Sussex County
(Hearing officer’s report and technical response memorandum included)

Nov. 3, 2017

Secretary’s Order No. 2017-W-0029 — 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, Sussex County.
(Hearing officer’s report and technical response memorandum included)

Oct. 31, 2017

Secretary’s Order No. 2017-W-0026 — DAIM Farm, LLC’s Application for a National Pollutant Discharge Elimination System General Permit No. DE SOOON/11 for its Poultry Concentrated Animal Feeding Operations at 1735 Woodyard Road, Harrington, Kent County
(Hearing officer’s report and technical response memorandum included)

Oct. 24, 2017

Secretary’s Order No. 2017-A-0025 — Application of the Delaware City Refining Company, LLC and the Delaware City Logistics Company, LLC to Amend Air Pollution Control Permits to Construct and Operate Equipment for the Ethanol Marketing Project at the Delaware City Refinery, 4550 Wrangle Hill Road, Delaware City, New Castle County
(Hearing officer’s report and technical response memorandum included)

Sept. 25, 2017

Secretary’s Order No. 2017-A-0024 — Hercules, LLC’s Application for an Air Pollution Control Permit to Operate Spray Drying Equipment at 500 Hercules Road, Wilmington, New Castle County
(Hearing officer’s report and technical response memorandum included)

Sept. 6, 2017

Secretary’s Order No. 2017-W-0022 — Reconsideration of an Application for a Subaqueous Lands Act Lease, a Marina Permit, and a Water Quality Certification for the Waters Run Community Marina on Dirickson Creek near Frankford, Sussex County
(Hearing officer’s report and technical response memorandum included)

May 25, 2017

Secretary’s Order No. 2017-W-0014 — The City of Rehoboth Beach’s Consolidated Applications Seeking Regulatory Approvals for the Construction and Operation of a Treated Effluent Pumping Station, a Force Main, and an Ocean Outfall in Rehoboth Beach, Sussex County.
(Hearing officer’s report and technical response memoranda included)

Feb. 10, 2017

Secretary’s Order No. 2017-W-0006 — Stephen and Johanna Owsiany’s Application to Use Subaqueous Lands for a Boat Dock in the Indian River Offshore of 32472 Road, Millsboro, Sussex County
(Hearing officer’s report and technical response memorandum included)

Jan. 23, 2017

Secretary’s Order No. 2017-A-0003. — Johnson Controls Battery Group, Inc.’s Applications for Air Quality Permits for its Lead Acid Battery Manufacturing Plant at 700 North Broad Street, Middletown, New Castle County
(Hearing officer’s report and technical response memorandum included)

Dec. 28, 2016

Secretary’s Order No. 2016-CZ-0050. — Delaware City Refining Company, LLC’s Application for a Coastal Zone Act Permit for its Ethanol Marketing Project, at the Delaware City Refinery, 4550 Wrangle Hill Road, New Castle, New Castle County (CZA Permit No. 427P)
(Hearing officer’s report and technical response memorandum included)

Oct. 31, 2016

Secretary’s Order No. 2016-CZ-0043 — Ultrachem, lnc.’s Application for a Coastal Zone Act Permit to Expand Manufacturing of Synthetic Lubricants at 900 Centerpoint Boulevard, New Castle, New Castle County (CZA Permit No. 426P)
(Hearing officer’s report and technical response memorandum included)

Sept. 2, 2016

Secretary’s Order No. 2016-S-0038. — Stanley Walcek’s Application for a Federal Consistency Determination for the Mews of Bethany Development, Bethany Beach, Sussex County
(Hearing officer’s report and technical response memoranda included)

Aug. 18, 2016

Secretary’s Order No. 2016-W-0031 — Allen Harim Foods, LLC’s Application for a Permit to Construct Phase II Upgrade to its Harbeson Poultry Processing Plant’s Wastewater Treatment Facility at 18752 Harbeson Road, Harbeson, Sussex County
(Hearing officer’s report and technical response memorandum included)

May 31, 2016

Secretary’s Order No. 2016-W-0021. — Kent County Levy Court’s Application for an Agricultural Use Permit to Apply Class B Bio-solids at Vineyard Farm, Carpenters Bridge Road, Frederica, Kent County
(Hearing officer’s report and technical response memorandum included)

Secretary’s Order No. 2016-CZ-0022. — Application of MAGCO, Inc., for a Coastal Zone Act Permit to increase production/throughput capacity at its existing sea salt packaging facility located at 341 Pigeon Point Road, New Castle, Delaware
(Hearing officer’s report and technical response memorandum included)

April 21, 2016

Secretary’s Order No. 2016-CZ-0016 — Application of Mountaire Farms of Delaware, Inc. for a Coastal Zone Act Permit To Expand its Feed Mill Manufacturing Capacity at 29106 John J. Williams Highway, Millsboro, Sussex County, Delaware (CZA Project No. 423P)
(Hearing officer’s report and technical response memorandum included)

Secretary’s Order No. 2015-A-0021 — Mountaire Farms of Delaware, Inc.’s Application to Amend Air Pollution Control Permits APC-2014/0091 (#2 Pellet Cooler) and APC-2014/0093 (Hammermills) at its Millsboro Feed Mill at 29106 John J. Williams Highway, Millsboro, Sussex County, Delaware
(Hearing officer’s report and technical response memorandum included)

March 30, 2016

Secretary’s Order No. 2016-W-0008 — Approving Draft National Pollutant Discharge Elimination System General Permit No. DE 5000N/11 for Large, Medium, and Designated Poultry Concentrated Animal Feeding Operations with No Land Application of Manure
(Hearing officer’s report and technical response memorandum included)

March 18, 2016

Secretary’s Order No. 2016-CZ-0012 — Application of Praxair Distribution, Inc. for a Coastal Zone Act Permit for Manufacturing Dry Ice at 4550 Wrangle Hill Road, New Castle, New Castle County (CZA Project No. 422P)
(Hearing officer’s report and technical memorandum included)

Dec. 30, 2015

Secretary’s Order No. 2015-WHS-0048 — Delaware Recyclable Products, Inc.’s Application to Renew and Amend the Solid Waste Facility Permit for Its Industrial Waste Landflll at 246 Marsh Lane, New Castle, New Castle County, Delaware
(Hearing officer’s report and technical response memorandum included)

Secretary’s Order-No-2015-W-0045 — Application of Herholdt Properties, LLC for a subaqueous lands act permit to improve a road crossing for an unnamed tributary of Church Branch adjacent to 10200 Benson Road, Lincoln, Sussex County, Delaware
(Hearing officer’s report and technical response memorandum included)

Dec. 18, 2015

Secretary’s Order No. 2015-W-0046 — Allen Harim Foods, LLC’s Applications for a Wastewater Facility Construction Permit and a National Pollutant Discharge Elimination System Permit (NPDES Permit # DE 0000299 and State Permit WPCC 313F/76) for its poultry processing plant at 18752 Harbeson Road, Harbeson, Sussex County
(Hearing officer’s report and technical response memorandum included)

Nov. 25, 2015

Secretary’s Order No. 2015-W-0001 — Application of Dogfish Head Craft Brewery, Inc. to Renew Non-Hazardous Liquid Waste Transporters Permit DE OH-103
(Hearing officer’s report and technical response memorandum included)

Sept. 29, 2015

Secretary’s Order No. 2015-A-0033 — Application of Diamond Materials, LLC to Amend Air Pollution Control Permit APC-2008/0087 to Construct/Operate a Roving Rock Crusher, an Impactor and a Screener at 200 Marsh Lane, New Castle, New Castle County
(Hearing Officer’s Report included)

Sept. 3, 2015

Secretary’s Order No. 2015-CZ-0034 — Application of Praxair, Inc. for a Coastal Zone Act Permit for Manufacturing Carbon Dioxide and Nitrogen at 4550 Wrangle Hill Road, New Castle, New Castle County (CZA Project No. 420P)
(Hearing Officer’s Report included)

July 30, 2015

Secretary’s Order No. 2015-CZ-0028 — Application of Techmer Engineered Solutions, LLC, for a Coastal Zone Act Permit to manufacture uniform, compounded, engineering plastic resin pellets in an existing steel and masonry commercial structure located at 1600 Johnson Way in the Centerpoint Business Complex, New Castle, Delaware
(Hearing Officer’s Report included)

July 10, 2015

Secretary’s Order No. 2015-A-0026 — Application of Green Recovery Technologies, LLC, for a Regulation 1102 Air Quality Management Permit (as a natural minor facility) for its Protein Loadout
Station Dust Collector Unit at 42 Lukens Drive in the Riveredge Industrial Park, New Castle, Delaware
(Hearing Officer’s Report included)

Secretary’s Order No. 2015-CZ-0025 — Application of Green Recovery Technologies, LLC, for a Coastal Zone Act Permit to construct and operate a facility that chemically separates high quality proteins and fats from poultry fines feedstock into high quality feed ingredients for animal nutrition markets, at 42 Lukens Drive in the Riveredge Industrial Park, New Castle, Delaware
(Hearing Officer’s Report included)

April 13, 2015

Secretary’s Order No. 2015-A-0005 — Application of Delaware City Refining Company, LLC to Renew Regulation 1130 Air Quality Management Title V State Operating Permit
(Hearing officer’s report and technical response memorandum included)

April 11, 2015

Secretary’s Order No. 2015-CZ-0011 — Application of Croda, Inc., for a Coastal Zone Act Permit to construct and operate a facility for the on-site manufacture of ethylene oxide from ethanol feedstock in a continuous multi-step catalyzed process at their facility located at 315 Cherry Lane, New Castle, Delaware

April 9, 2015

Secretary’s Order No. 2015-CZ-0013 — Application of Delaware City Refining Company, LLC for a Coastal Zone Act Permit for an Expansion of a Pre-existing Non-conforming Use for Manufacturing Low Sulfur Fuels at the Delaware City Refinery, 4550 Wrangle Hill Road, New Castle, New Castle County (CZA Project No. 418P)
(Hearing Officer’s Report included)

April 2, 2015

Secretary’s Order No. 2015-W-0006 — Application of City of New Castle, New Castle County, for Water Quality Certification and Subaqueous Lands Act, authority to construct and use a public community pier and dock in the Delaware River extending channelward from the end of Delaware Street, New Castle, New Castle County.
(Hearing Officer’s Report included)

Dec. 3, 2014

Secretary’s Order No. 2014-S-0025 — Application of Delaware City Refining Company, LLC for Federal Coastal Zone Management Act Consistency Determination for Shoreline Restoration Project along the Delaware River near Delaware City, New Castle County
(Hearing Officer’s Report included)

Oct. 20, 2014

Secretary’s Order No. 2014-WH-0023 — Application of Peninsula Compost Company LLC to Renew Beneficial Use Determination for the Wilmington Organic Recycling Center in Wilmington, New Castle County
(Hearing officer’s report and Composting Approval for Closure Activities included)

July 15, 2014

Secretary’s Order No. 2014-A-0011 — Application of Mountaire Farms of Delaware, Inc., to Amend Air Pollution Control Operating Units APC-2011/0080, 2011/0081-APC/2011/0082 (thermal oxidizers), 2011/0083-2011/0085 (scrubbers) at the Millsboro Plant, Millsboro, Sussex County
(Hearing officer’s report and technical response memorandum included)

June 30, 2014

Secretary’s Order No. 2014-W-0010 — Permit Applications of Blessing Greenhouses and Compost Facility and Isdell Sanitation and Pumping Service, to wit: (1) Renewal of Blessing Greenhouses and Compost Facility’s Distribution and Marketing Permit (DM 1102-S-03), pursuant to 7 DE Admin. Code 7103 §§ 100.0 – 160, Guidance and Regulations Governing the Land Treatment of Waste, 7 DE Admin. Code §7201, Regulations Governing the Control of Water Pollution; and (2) Modification of Isdell Sanitation and Pumping Service’s Agricultural Utilization Permit (AGU 1003-S-05), pursuant to Part V of the aforementioned Guidance and Regulations Governing the Land Treatment of Waste, to add additional safeguards and to address concerns of both the Department and the citizens of the State of Delaware.
(Hearing officer’s report and information about DNREC technical response memorandum included)

Feb. 12, 2014

Secretary’s Order No. 2014-WH-0002 — Approval of Amended Final Plan of Remedial Action for Toni Cleaners Site (SIRS DE-1005) at 1606 Kirkwood Highway Wilmington, New Castle County
(Hearing Officer’s Report included)

Jan. 15, 2014

Secretary’s Order No. 2014-A-0001 — Application of Calpine Mid-Atlantic Generation, LLC to Renew an Air Pollution Control Permit (Regulation 1130’s Title V State Operating Permit Program) for the Hay Road Energy Center, Wilmington, New Castle County
(Hearing Officer’s Report included)

Enforcement-related orders may entail one or more of the following types of documents, or a combination thereof, including but not limited to:

June 11, 2019

Secretary’s Order No. 2019-WH-0020 — Notice of Administrative Penalty Assessment and Secretary’s Order issued to Gulab’s Tire Center, LLC, for violation of 7 Del C. Chapter 60 and 7 DE Admin. Code 1301, Delaware’s Regulations Governing Solid Waste (DRGSW).

Secretary’s Order No. 2019-WH-0021 — Notice of Administrative Penalty Assessment and Secretary’s Order issued to Master Tire & Auto for violation of 7 Del C. Chapter 60 and 7 DE Admin. Code 1301, Delaware’s Regulations Governing Solid Waste (DRGSW).

Secretary’s Order No. 2019-WH-0022 — Notice of Administrative Penalty Assessment and Secretary’s Order issued to Irfan Tire Center for violation of 7 Del C. Chapter 60 and 7 DE Admin. Code 1301, Delaware’s Regulations Governing Solid Waste (DRGSW).

Secretary’s Order No. 2019-WH-0023 — Notice of Administrative Penalty Assessment and Secretary’s Order issued to Mall’s Tire Center, LLC, for violation of 7 Del C. Chapter 60 and 7 DE Admin. Code 1301, Delaware’s Regulations Governing Solid Waste (DRGSW).

Secretary’s Order No. 2019-WH-0025 — Notice of Administrative Penalty Assessment and Secretary’s Order issued to West Auto Repair & Salvage, LLC, for violation of 7 Del C. Chapter 60 and 7 DE Admin. Code 1301, Delaware’s Regulations Governing Solid Waste (DRGSW).

Secretary’s Order No. 2019-WH-0026 — Notice of Administrative Penalty Assessment and Secretary’s Order issued to Bayly’s Garage for violation of 7 Del C. Chapter 60 and 7 DE Admin. Code 1301, Delaware’s Regulations Governing Solid Waste (DRGSW).

May 29, 2019

DNREC Settlement with Perdue AgriRecycle, LLC — A settlement by and between the Delaware Department of Natural Resources and Environmental Control and Perdue AgriRecycle, LLC, to resolve solid waste permit violations associated with Perdue’s operations at its agricultural waste and residue composting facility in Seaford, Delaware.

March 28, 2019

DNREC Settlement with Croda, Inc. — A settlement by and between Croda, Inc., and State of Delaware Department of Natural Resources and Environmental Control to resolve matters arising from an incident Nov. 25, 2018, at Croda’s Ethylene Oxide Plant located in New Castle, Delaware (Including DNREC Secretary’s Order No. 2019-A-0014)

Jan. 29, 2019

Secretary’s Order No. 2019-A-0004 — Issued to MEDAL Air Liquide Advance Technologies U.S. LLC (“Respondent”) for violation of 7 Del. Code Chapter 60 and an Air Pollution Control Operating Permit at its plant in Newport, Del., and to inform the respondent that the violation is continuing. Accordingly, the Department is issuing this Notice of Conciliation and Administrative Penalty Assessment Order in an endeavor to obtain compliance with the requirements of 7 Del. Code Chapter 60

Jan. 22, 2019

Secretary’s Order No. 2018-WH-0070 — Cease and desist order, pursuant to 7 Del. Code 6018 issued to F&F Econo Tires, 1861 South DuPont Highway, Dover, Del., for violations of 7 Del. Code Chapter 60 and 7 Del. Admin. Code 1301, Delaware’s Regulations Governing Solid Waste (“DRGSW”)

Secretary’s Order No. 2018-WH-0063 — Notice of administrative penalty assessment and Secretary’s Order issued to Johnson Controls Battery Group, Inc. in violation of 7 Del. Code Chapters 60 and 63, and 7 Del. Admin. Code 1302, Delaware’s Regulations Governing Hazardous Waste (“DRGHW”)

Secretary’s Order No. 2018-WH-0062 — Notice of Administrative Penalty Assessment and Secretary’s Order issued to Axalta Coating Systems, pursuant to 7 Del. Code 6005(b)(3) in violation of 7 Del. Code Chapters 60 and 63, and 7 Del. Admin. Code 1302, Delaware’s Regulations Governing Hazardous Waste (“DRGHW”)

Oct. 31, 2018

Secretary’s Order No. 2018-W-0057 — Conciliation Order by Consent and Secretary’s Order reflecting the mutual effort by Allen Harim, LLC and the Secretary of the Department of Natural Resources and Environmental Control for Allen Harim to attain compliance with 7 Del. C. Chapter 60 for wastewater violations by Conciliation pursuant to 7 Del. C. §6005(b )(2).

Sept. 10, 2018

Secretary’s Order No. 2018-A-0017 — Notice of Administrative Penalty Assessment for Rohm and Haas Electronic Materials CMP, Inc. for violation of its air quality permit pursuant to 7 Del. C. §6005(b)(3)

Secretary’s Order No. 2018-W-0013 — Notice of Administrative Penalty Assessment for Kent County Levy Court for violations of 7 Del. C. § 6003, 7 Del. Admin. C. § 7201 et seq., Delaware Regulations Governing the Control of Water Pollution, hereinafter referred to as the “Water Pollution Regulations,” as well as conditions of its National Pollutant Discharge Elimination System (NPDES) Permit No. DE 0020338.

Secretary’s Order No. 2018-WH-0012 — Notice of Administrative Penalty Assessment for Chemours Company FC, LLC @ Sardo & Sons Warehouse (“Respondent” or “Chemours”) in violation of 7 Del.C. Chapters 60 and 63 and 7 DE Admin. Code 1302, Delaware’s Regulations Governing Hazardous Waste (“DRGHW”),issued pursuant to 7 Del.C. §6005(b )(3).

June 22, 2018

Secretary’s Order No. 2018-WH-0016 — The Department of Natural Resources and Environmental Control has found Homalite Division of Brandywine Investment Group Corporation in violation of 7 Del. C. Chapter 63 and 7 DE Admin. Code 1302, Delaware’s Regulations Governing Hazardous Waste.

June 4, 2018

Consent Decree — Department of Natural Resources and Environmental Control, plaintiff, v. Mountaire Farms of Delaware, Inc., filed in state Superior Court

March 28, 2018

Secretary’s Order No. 2018-W-0014 — Notice of Administrative Penalty Assessment and Secretary’s Order to Allen Harim Foods for violating 7 Del. C. §§ 6003 and 6005, 7 Del. Admin. C. § 7201 et seq., Delaware Regulations Governing the Control of Water Pollution, hereinafter referred to as the Water Pollution Regulations, and National Pollutant Discharge Elimination System (NPDES) Permit No. DE 0000299.

March 16, 2018

Secretary’s Order No. 2018-A-0019 — This DNREC Conciliation Order by Consent is the result of negotiations between DNREC and Sunoco Partners Marketing & Terminals, LP to resolve violations alleged in DNREC’s Aug. 1, 2017 Notice of Violation for noncompliance relating to the flare currently operated by Sunoco Partners Marketing & Terminals in Claymont, Del.

March 2, 2018

Secretary’s Order No. 2018-W-0015 — This Conciliation Order by Consent and Secretary’s Order reflects the mutual effort by Perdue Foods and DNREC to attain compliance with 7 Del. C. Chapter 60 by conciliation pursuant to 7 Del. C. §6005(b)(2)

Feb. 23, 2018

Secretary’s Order No. 2018-A-0011 — Notice of Administrative Penalty Assessment and Secretary’s Order, pursuant to 7 Del. C §6005 issued to Pure Green Industries, Inc./Refined Products, Inc., Richard Piendak, President, for violation of Chapter 60 Delaware air regulations and the company’s air permit

Jan. 22, 2018

Secretary’s Order No. 2018-WH-0001 — Notice of administrative penalty assessment and Secretary’s Order pursuant to 7 Del. C. §6005 issued to E.I. DuPont de Nemours and Company for violation of 7 Del. C. Chapters 60 and 63, 7 DE Admin. Code 1302, Delaware’s Regulations Governing Hazardous Waste (“DRGHW”), and Respondent’s hazardous waste storage permit HW04F22.

Nov. 2, 2017

Secretary’s Order No. 2017-W-0028 — Hershel Edwards, Petitioner v. Town of Laurel, Respondent (Petition submitted under 7 Del. C. Section 6031 seeking replacement water supply from the Respondent)
(Hearing Officer’s Report included)

Oct. 31, 2017

Secretary’s Order No. 2017-WH-0008 — DNREC has found Mr. and Mrs. Joseph W. Booth to be in violation of Delaware’s Hazardous Substance Cleanup Act, 7 Del. C. Chapter 91, and of 7 DE Admin. Code 1375, Delaware’s Regulations Governing Hazardous Substance Cleanup.

Oct. 2, 2017

Secretary’s Order No. 2017-WH-0023 — Cease and desist order issued to Anderson’s Recycling, Inc., Delmar, Del., for violations of 7 Del. C Chapter 60 7DE Admin. Code Section 1301, Delaware’s Regulations Governing Solid Waste (“DRGSW”)

March 13, 2017

Secretary’s Order No. 2017-WH-0010 — Cease and desist Secretary’s Order to Heritage-Crystal Clean, LLC, for violation of 7 Del. C. Chapters 60 and 63 and 7 DE Admin. Code 1302, Delaware’s Regulations Governing Hazardous Waste (“DRGHW”). Accordingly, the Department is issuing this Order to Cease and Desist, pursuant to 7 Del. C. § 6018.

March 10, 2017

Secretary’s Order No. 2017-A-0009 — Notice of Administrative Penalty Assessment and Secretary’s Order issued to Delaware City Refining Company for violation of 7 Del. Code Chapter 60, pursuant to 7 Del.C. §6005(b)(3).

March 2, 2017

Secretary’s Order No. 2017-WH-0008 — DNREC has found Mr. Yoon Sung Sil to be in violation of Delaware’s Hazardous Substance Cleanup Act, 7 Del. C. Chapter 91 (“HSCA”), and of 7 DE Admin. Code 1375, Delaware’s Regulations Governing Hazardous Substance Cleanup.

Jan. 23, 2017

Secretary’s Order No. 2017-A-0001 — Notice of Administrative Penalty Assessment and Secretary’s Order, issued to Vestcom International, Inc. and Foxfire Printing & Packaging, Inc. for violation of 7 Del. C Chapter 60 and state air regulations

Sept. 28, 2016

Secretary’s Order No. 2016-W-0036 — Issued pursuant to 7 Del. C. §6005(b)(2) to Kent County Levy Court, the Conciliation Order by Consent and Secretary’s Order reflects the mutual effort by Kent County Levy Court and the Secretary of the Department of Natural Resources and Environmental Control to attain compliance with 7 Del. C. Chapter 60 by Conciliation for past Kent County wastewater violations cited by DNREC.

Sept. 27, 2016

Secretary’s Order No. 2016-WH-0035 — Notice of Administrative Penalty Assessment and Order pursuant to 7 Del. C. § 6005 issued to Formosa Plastics Corporation in violation of 7 Del. C. Chapters 60 and 63 and 7 DE Admin. Code 1302, Delaware’s Regulations Governing Hazardous Waste (“DRGHW”).

Sept. 21, 2016

Secretary’s Order No. 2016-A-40 — Pursuant to 7 Del. C. § 6005(b)(3), issued to Nemours Foundation, Inc. and Alfred I. duPont Hospital for Children for violation of 7 DE Admin. Code 1100 (“Air Quality Regulations”) and its permits.

Aug. 2, 2016

Secretary’s Order No. 2016-WH-0032 — Cease and desist order issued to Ms. Martia McGinnis, McGinnis Auto & Mobile Home Salvage, LLC, 4160 Downs Chapel Rd., Clayton, DE 19938 for violation of 7 Del. C. Chapter 60 and 7 DE Admin. Code Section 1301, Delaware’s Regulations Governing Solid Waste (“DRGSW”)

May 31, 2016

Secretary’s Order No. 2016-A-0024 — Notice of Administrative Penalty Assessment and Secretary’s Order Pursuant to 7 Del. C. § 6005 Issued to Delaware State University for violation of state air regulations and the university’s permit. This Order will supersede and withdraw Notice of Administrative Penalty Assessment and Secretary’s Order No. 2015-A-0029 issued to Respondent on August 10, 2015.

April 25, 2016

Secretary’s Order No. 2016-WH-0020 — Notice of Administrative Penalty Assessment Issued Pursuant to 7 Del. C. § 6005 issued to Waste Management of Delaware, Inc.,300 Harvey Drive Wilmington, Delaware 19804 for violations of Delaware’s Regulations Governing Solid Waste

April 1, 2016

Secretary’s Order No. 2016-WH-0007 — Notice of Administrative Penalty issued to Hylton’s Market Inc. Camden Delaware Realty, LLC pursuant to violation of 7 Del. C., Chapters 60 and 74, 7 DE Admin. Code 1351, the Delaware Regulations Governing Underground Storage Tank Systems (“the UST Regulations”) and 7 DE Admin. Code 1124, Delaware Regulations Governing the Control of Volatile Organic Compound Emissions (“the VR Regulations”)

March 30, 2016

Secretary’s Order No. 2016-WH-0015 — Notice of Conciliation Proceedings, Administrative Penalty Assessment and Secretary’s Order Issued Pursuant to 7 Del. C. § 6005 to the Delaware Solid Waste Authority for violation of Delaware’s Regulations Governing Solid Waste

March 1, 2016

Secretary’s Order No. 2016-WS-0005 — Notice of Administrative Penalty Assessment and Secretary’s Order for Oakwood Village at Lewes, LLC for sediment and stormwater violations pursuant to 7 Del. C. § 6005, Delaware Regulations Governing the Control of Water Pollution

Sept. 30, 2015

Secretary’s Order No. 2015-WH-0038 — Notice of administrative penalty assessment and Secretary Order issued to Dover Air Force Base for violation of 7 Del. C. Chapters 60 and 63 and 7 DE Admin. Code 1302, Delaware’s Regulations Governing Hazardous Waste.

Sept. 28, 2015

Secretary’s Order No. 2015-WH-0018 — Notice of Administrative Penalty Assessment and Secretary’s Order to Bayhealth Medical Center’s Kent General Hospital for violation of 7 Del. C. Chapters 60 and 63 and 7 DE Admin. Code 1302, Delaware’s Regulations Governing Hazardous Waste.

Secretary’s Order No. 2015-WH-0017 — Notice of Administrative Penalty Assessment and Secretary’s Order to St. Francis Hospital for violation of 7 Del. C Chapters 60 and 63, 7 DE Admin. Code 1302, Delaware’s Regulations Governing Hazardous Waste (“DRGHW”), and 7 DE Admin. Code 1301, Delaware’s Regulations Governing Solid Waste.

Aug. 18, 2015

Secretary’s Order No. 2015-A-0031 — Notice of Administrative Penalty Assessment and Secretary’s Order Pursuant to 7 Del. C. § 6005 for unpermitted activities issued to Schiff Farms, Inc., Harrington, Delaware

Aug. 11, 2015

Secretary’s Order No. 2015-A-0029 — Notice of Administrative Penalty Assessment and Secretary’s Order Pursuant to 7 Del. C. § 6005 Issued to Delaware State University for violation of state air regulations and the university’s permit

June 23, 2015

Secretary’s Order No. 2015-WHS-0002 — Issued to Norfolk Southern Railway Co., a/k/a Norfolk Southern Corporation, for violation of Delaware’s Hazardous Substance Cleanup Act, 7 Del. C. Chapter 91 (“HSCA”) and of 7 DE Administrate Code 1375, Delaware’s Regulations Governing Hazardous Substance Cleanup

June 11, 2015

Secretary’s Order No. 2015-A-0022 — Amended Notice of Administrative Penalty Assessment and Secretary’s Order Pursuant to 7 Del. C. § 6005 issued to Pettinaro Construction Co., Inc. and Christina Crescent, LLC of Wilmington

June 2, 2015

Secretary’s Order No. 2015-W-0019 — Notice of Administrative Penalty Assessment Issued Pursuant to 7 Delaware Code §6005 to Junior’s Auto Repair, Wilmington, Del.

April 20, 2015

Secretary’s Order No. 2015-WH-0016 — Cease and Desist Order Issued Pursuant to 7 Del. C. § 6018 to Heritage-Crystal Clean, LLC, 505 South Market Street, Wilmington, Del.

March 31, 2015

Secretary’s Order No. 2015-WH-0012 — Conciliation Order by Consent Issued Pursuant to 7 Del. C § 6005(b) (2) to Peninsula Compost Company, LLC, 110 South Poplar Street, Suite 400,
Wilmington, DE 19801

Dec. 31, 2014

Secretary’s Order No. 2014-WH-0027 — Notice of Administrative Penalty Assessment to David R. Kelley, President, Kelley Transport & Refuse, LLC, Denton, Md.

Oct. 1, 2014

Secretary’s Order No. 2014-W-0020 — Suspension of Class H System Inspector License No. 4236 for M & D Plumbing and Drain Cleaning Specialists, Inc., 1500 Gunter Road, Marydel, DE 19964, sent to Mike Megill

Aug. 14, 2014

Secretary’s Order No. 2014-A-0012 — Notice of Administrative Penalty Assessment to Pettinaro Construction Company Pursuant to 7 Del. C. § 6005
Order No. 2014-A-0012

April 24, 2014

Secretary’s Order No. 2014-WH-0009 — Second Amended Notice of Conciliation Proceedings, Administrative Penalty Assessment and Secretary’s Order for Peninsula Compost Company LLC of Wilmington

Jan. 10, 2014

Secretary’s Order No. 2013-WH-0062 — Notice of administrative penalty assessment and Secretary’s Order, pursuant to 7 Del. C. § 6005, to Summit Aviation, Inc. of Middletown, Del.

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