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Permitting 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 one of several types of enforcement actions taken by the Department.

October 17, 2019

Secretary’s Order No. 2019-W-0040 — Permit Application of Sunrise Ventures, LLC, to construct a new 20 slip community marina, to install shoreline stabilization, and to conduct maintenance dredging in the Lewes and Rehoboth Canal, located south of the intersection of Kaitlyn Drive and Oyster House Road, Rehoboth Beach, Sussex County, Delaware, thus necessitating Applicant to obtain the following: (1) a Marina Permit; and (2) a Subaqueous Lands Permit and Water Quality Certification.
(Hearing Officer’s Report)

September 29, 2019

Secretary’s Order No. 2019-CZ-0039 — Application of Veolia North America Regeneration Services, LLC, for a Coastal Zone Act Permit to increase its sulfuric acid regeneration production from 550 Tons Per Day (“TPD”) to 750 TPD at its Red Lion facility located at 766 Governor Lea Road, New Castle, Delaware.
(Hearing Officer’s Report)

August 19, 2019

Secretary’s Order No. 2019-A-0036 — Natural Minor Permit Application of Walan Specialty Construction Products, LLC, pursuant to 7 DE Admin. Code 1102, to construct and operate a Granulated Blast Furnace Slag Grinding, Drying, and Processing Facility, located at 501 Christiana Avenue, Wilmington, Delaware.
(Hearing Officer’s Report)

June 25, 2019

Secretary’s Order No. 2019-A-0028 — Applications of Mountaire Farms of Delaware, Inc., to amend its existing Reg. No. 1102 Natural Minor Permit to allow for the following: (1) replacement of an existing hammermill baghouse with an AirLanco baghouse; and (2) replacement of an existing pellet cooler with an electric Hayes & Stolz pellet cooler at its Millsboro facility, located at 29106 John J. Williams Highway, Millsboro, in Sussex County, Delaware.
(Hearing Officer’s Report)

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)

December 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)

November 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)

September 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)

August 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)

August 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)

February 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)

November 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)

October 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)

October 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)

September 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)

September 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)

February 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)

January 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)

December 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)

October 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)

September 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)

August 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)

December 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)

December 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)

November 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)

September 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)

September 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)

December 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)

October 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)

February 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)

January 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)




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