(Wilmington) The Chair of the White House Council on Environmental Quality, Nancy Sutley and David Agnew, Deputy Assistant to the President and Director of Intergovernmental Affairs visited Wilmington today to get a firsthand look at a wetlands restoration and mitigation project site that will restore 22-acres of wetlands in the Southbridge neighborhood of South Wilmington. Governor Markell, Delaware Natural Resources and Environmental Control Secretary Collin O’Mara, Wilmington Mayor Dennis Williams, and local legislators, including Hanifa Shabazz, Wilmington City Council, 4th District, highlighted plans for the project that will reduce flooding in one of the most economically-challenged communities in the state.
The visit came on the heels of the President’s announcement last Friday of a Task Force on Climate Preparedness and Resilience that will advise the Administration on how the Federal Government can respond to the needs of communities dealing with impacts of climate change. Governor Markell was one of eight Governors appointed by President to serve on the Task Force.
In September, Governor Markell signed Executive Order 41 which requires all state agencies to incorporate measures for adapting to more extensive storms, increased flood heights and sea level rise in the siting and design of projects for construction of new structures and reconstruction of substantially damaged structures and infrastructure.

Quotes from officials during today’s visit:
Nancy Sutley, Chair of the White House Council on Environmental Quality: Climate change is changing the frequency and intensity of flooding, wildfires, storms, and heat waves and threatening our health. This project is critical to protecting this community from future floods. It’s fitting to be here in Delaware because of the leadership of the Governor, the Natural Resources Secretary and the Mayor to take action to protect communities from potentially destructive climate impacts. We can count on Delaware for innovative ideas.
David Agnew, White House Director of Intergovernmental Affairs:“The President believes we have a moral obligation to leave this planet better than we found it. Across America, states, cities and communities are innovating and making the changes they need to deal with the effects of extreme weather and other climate impacts. The Governor’s Executive Order is a great example of what states are doing. Intergovernmental cooperation is key to help ensure the federal government is doing all we can to support these efforts.”
Governor Markell: As the lowest-lying coastal state in the nation, Delaware is extremely vulnerable to climate impacts. We have a long history of challenges from erosion and flooding, which will be exacerbated by more intense storms and rising sea levels. In Southbridge, we have seen record flooding that has forced evacuations and temporary closure of some businesses. While there have been flooding challenges in Southbridge for many years, more frequent storms and heavier precipitation are making things worse. We are focused on taking strategic actions that will help transition Delaware from a position of vulnerability to one of preparedness and resilience.
Collin O’Mara, Secretary of the Delaware Department of Natural Resources and Environmental Control: “This is a perfect example of the type of project we need to encourage across the state and country. We are creatively working across governments to leverage existing resources to restore wetlands so they will absorb flood waters and protect this community from water damage. We will see more intense storms, greater precipitation, higher heat waves, and accelerated sea level rise that will affect communities like this one. States that prepare for climate impacts will be the most competitive in the years ahead.

The first meeting of the President’s Task Force on Climate Preparedness and Resilience will take place in December.

Photos of the event can be viewed on Flickr

Innovative project will significantly improve health of the lake

DOVER (Nov. 7, 2013) – Scientists from DNREC with help from numerous partners are adding to the list of “firsts” for the First State. Work is now under way on an innovative project that will clean up and restore Dover’s Mirror Lake. Officials, including Governor Jack Markell, EPA’s Mid-Atlantic Region Administrator Shawn Garvin, DNREC Secretary Collin O’Mara, Dover Mayor Carleton Carey, and others were on hand today to view early progress of the work, which began Oct. 1.

The project uses activated carbon – the same technology used in many water filters – to bind contaminants in lake sediments, significantly improving the health of the lake. Mirror Lake’s health has been in decline for several decades due to contaminants in bottom sediments that accumulate in fish, stormwater runoff and sedimentation, and invasive plant species.

“Mirror Lake is a gateway to historic Dover,” said Gov. Markell. “Restoring it is important for several reasons. First, we are improving the natural, aesthetic beauty of the lake for everyone to enjoy as they approach our State Capitol. Second, we are cleaning up contamination so fish are safe to eat. And third, we want to draw people to Silver Lake Park’s exceptional walking paths for fitness and general enjoyment. When we clean and beautify our natural areas, we make Delaware more enjoyable to people that live here and more attractive to businesses who may consider locating here.”

The activated carbon product being used is called SediMite, and it is being incorporated into the sediments of the lake. It is expected to result in the reduction or removal of the fish consumption advisory in the lake and the St. Jones River downstream to Court Street in Dover within three to five years. The project marks the largest application of SediMite anywhere in the U.S. to date, and is the first state-funded sediment remediation project of its kind in the country.

“This technology demonstrates that we can, in a few short years, reverse the environmental damage that has been done in one of the most beautiful lakes in Kent County and make it fishable again,” said DNREC Sec. O’Mara. “This is a great example of what makes Delaware special – the strong support of our Congressional Delegation, the Governor, General Assembly, municipal government and local volunteers – all working together to accomplish big things.”

In addition to cleaning up the sediment with SediMite, the project includes several habitat improvement and restoration activities. The existing sandbar in the lake is being converted into an intertidal wetland that will improve ecological function and visual appeal of the lake. Coir logs – artificial logs made of coconut husks – and stone rip-rap flow diversion structures will also be used to protect the new wetland and prevent further streambank erosion. Finally, DNREC plans to add native plants to the new wetland area as well as on the western bank of the lake next to Fraizer’s Restaurant.

“This project once again demonstrates Delaware’s innovative leadership when it comes to restoring watersheds,” said EPA Regional Administrator Garvin. “Reviving Mirror Lake will improve water quality, restore habitats and increase biodiversity in the St. Jones Watershed.”

For decades the lake and downstream areas have been negatively impacted by sedimentation, stormwater runoff, chemical contaminants including PCBs and mercury, excess nutrients, bacteria, and invasive plant species. If left to restore on its own, DNREC forecasts it would take several decades for the fish in Mirror Lake to be safe to eat and for the advisory to be lifted. DNREC scientists anticipate a reduction of contaminants in fish tissue up to 90 percent within a matter of a few years.

“Mirror Lake should be a jewel in Dover’s crown, but sadly over the years it’s lost some of its luster,” said State Senator Brian Bushweller, whose district includes the lake. “But with this innovative, first-in-the-nation project, I think that Mirror Lake will become one of our crown jewels once again. The project will be a big boost for the city.”

“I am excited about this project, the first of its kind in the nation, and excited for what the completion will mean for the people of Dover,” said State Representative Darryl Scott. “Years ago, Mirror Lake was a healthy, clean, and beautiful ecosystem. By restoring it to that condition, we will make it once again a landmark all Dover residents can be proud of and enjoy.”

“The remediation and restoration of Mirror Lake will be a great asset to the City of Dover,” said Dover Mayor Carey. “This will add to the beautification of the area. Mirror Lake and the park are wonderful places for families to visit and have special events, such as weddings and other events – at the Fireman’s Monument and throughout the park area. We couldn’t be more pleased.”

“The Mirror Lake Remediation and Restoration project is the largest and most ambitious part of the Silver Lake Park Revitalization Plan that was initiated in 2007,” said Silver Lake Commission Chairman Dean Holden. “There are so many people who have made this possible. DNREC and their skilled and dedicated staff have charted the course with the help of a long list of organizations and volunteers. They all deserve our sincerest thanks for all their hard work.”

DNREC’s team evaluated several options for remediating Mirror Lake and downstream areas prior to choosing the in-situ (in-place) treatment technology. Complete removal of the contaminated sediments would cost approximately $1.5 million, not including the significant price for disposal of the contaminated material. Capping the contaminated sediment with clean sediment was also considered. Although cheaper than dredging, the added volume of capping material would significantly reduce the depth of the lake and change flow patterns, neither of which is desirable. The chosen technology of incorporating SediMite has been successfully tested on a smaller scale at several federal facilities, including nearby Aberdeen Proving Grounds. DNREC has partnered with a world- renowned sediment remediation researcher from the University of Maryland, Baltimore County (UMBC) to develop the remediation plan.

The approximately $1 million remediation/restoration project is being funded primarily by state sources, plus $73,800 in federal grant funds from the Clean Water Act Section 319 Nonpoint Source for the wetland restoration and coir log installation by federal grant funding. The project also includes Community Transportation Funds from Sen. Bushweller and Rep. Scott.

Project partners include all Divisions of DNREC, UMBC, the City of Dover, the Silver Lake Commission, Brightfields, Inc., Biohabitats, Inc., local political leaders and others.

DNREC is keeping project costs down by using volunteer labor where possible. Invasive species removal and some general site preparation work were conducted by Delaware’s Boot Camp Program, as well as by AmeriCorps volunteers. DNREC personnel from every Division are providing the majority of the labor required to broadcast the SediMite into the approximately five-acre project area. More than 3,500 hours of labor is estimated to complete the remediation/restoration project, which should be finished later this month.

DNREC and UMBC scientists have plans to monitor the effectiveness of the innovative treatment technology by collecting and analyzing sediment, water and fish tissue samples over the next three years. If the technology proves to be as successful as expected, then it is anticipated that other impacted rivers, creeks, streams and ponds across the First State may be rehabilitated using SediMite or similar non-destructive and cost effective technologies in the future.

To learn more about the Mirror Lake project, please check out a new video on DNREC’s YouTube channel at http://youtu.be/gplVE07eUq4.

Delaware – Attorney General Beau Biden announced today that RBC Capital Markets, LLC has paid the Delaware Department of Justice $33,520.17 as part of a settlement with the Attorney General’s Investor Protection Unit. The settlement concludes a multi-state investigation which found that RBC allowed its client associates to sell securities without being properly registered. State law requires all who sell stocks and securities to Delaware investors to register with the DOJ’s Investor Protection Unit.

“We will continue to ensure that the securities market in Delaware adequately protects investors,” said Attorney General Biden. “This settlement holds RBC accountable for its failures to keep track of its employees who sell investments to Delawareans.”

The states’ investigation found that RBC client associates were able to accept trade orders from clients, an act that requires registration in both the client associate’s home state and the client’s state. The investigation found that not all client associates were properly registered, and that RBC’s systems were not reasonably designed to prevent this from happening.  As part of the settlement, RBC has agreed to establish and maintain systems that require client associates to be properly registered in Delaware and other states.

The multi-state task force investigating this matter consists of state securities regulators from Delaware, Colorado, Missouri, New Hampshire, New Jersey, Texas, and Vermont. State securities regulators, including DOJ’s Investor Protection Unit, continue to investigate similar misconduct by other firms.

The Investor Protection Unit, formerly known as the Securities Division, enforces the Delaware Securities Act and seeks to protect the public from potentially fraudulent, unscrupulous, or overreaching practices of those offering investments or investment services within Delaware. Investors who believe they have been the victims of such practices should immediately contact the Investor Protection Unit Hotline at (302) 577-8841.

Delaware’s participation in the multistate investigation that led to the settlement was handled by Investor Protection Director Owen Lefkon and Assistant Attorney General David Casler.

Nearly $140,000 to be paid to Biden’s office, which will use payment to compensate homeowners; $750,000 previously secured for homeowners following earlier investigations of Odessa National builders

Wilmington – Attorney General Beau Biden today announced that his office has resolved a lawsuit against a Delaware developer for failing to timely complete certain amenities at the Odessa National residential community. Under the terms of a settlement reached last week, the parties will pay $139,900 to the Attorney General’s Consumer Protection Fund.

“This resolution holds the parties accountable to their obligation,” Biden said today.  “We will use the funds we receive to reimburse Odessa National homeowners who were affected.”

Odessa National homeowners are assessed a mandatory $1,200 annual fee for a social membership in the community’s golf course, and multiple homeowners filed complaints that they continued to be charged those fees on a quarterly basis, even though related amenities that were advertised at the time of sale, including a clubhouse, swimming pool, and tennis court, had not been completed.  In August, 2009, Biden’s office reached an Assurance of Voluntary Compliance with Joseph M. Capano and his companies Odessa National Golf Course, LLC and Odessa National Development Company, LLC (the “Odessa National parties”) obligating the Odessa National parties to complete all advertised amenities related to the Odessa National Golf Course by December 31, 2010.  Failure to complete the amenities by that date subjected the Odessa National parties to a financial penalty.  The deadline was later extended to March 31, 2011 due to weather conditions experienced in the winter of 2010.

When the amenities were still not complete by May, 2011, Biden’s office filed a lawsuit against the Odessa National parties for failing to abide by the terms of the August, 2009 agreement.  At the time the lawsuit was filed, of all the amenities advertised to prospective buyers only the golf course had been completed.  The additional amenities were ultimately made available for residents to use later in 2011.

Biden announced today that his office will use the $139,900 payment to provide restitution to over 400 Odessa National homeowners who owned homes at the time the lawsuit was filed.  Each of those homeowners will receive $300 to compensate them for being billed the second quarter of 2011 – the quarter by which the amenities should have been completed.

Biden’s office conducted multiple investigations over several years into complaints filed by Odessa National homeowners.  From 2008 – 2010, the Attorney General’s office investigated complaints against NVR, Inc. which, under the name “Ryan Homes,” built several sections of homes in Odessa National.  In 2008 the Attorney General’s office settled complaints from buyers in the community’s “Legacy” section that they were never told of the fee obligations that came with their properties.  Ryan Homes agreed to assume the $1,200 annual golf club membership fees for 71 homebuyers.  In April 2010 the Attorney General’s office settled a civil consumer fraud lawsuit it filed earlier that year against Ryan Homes following its investigation of homebuyer complaints in the “Tweedsmere” and “Lynemore” sections which it developed.  That agreement provided reimbursement to 44 homeowners who had filed complaints for the period of time when they had been paying for promised amenities, including a golf course, clubhouse, swimming pool, and tennis court, that were not completed.  Ryan Homes cooperated with Biden’s office in its investigations and both cases led to amicable resolutions.  In total, Ryan Homes paid more than $750,000 to consumers and the Attorney General’s office following those previous investigations of homeowner complaints at Odessa National.

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Delaware Attorney General also announces that legislation championed by his office will significantly increase state’s share of future settlements

Dover – Attorney General Beau Biden announced today that the state will be paid $2 million by Johnson & Johnson as part of national settlement to resolve allegations that the New Jersey-based pharmaceutical manufacturer fraudulently marketed the antipsychotic drugs Risperdal and Invega.

Of this payment, secured for Delaware by the Attorney General’s Medicaid Fraud Control Unit (MFCU), the Delaware Medicaid and Medical Assistance program will directly recoup $943,821 in civil restitution and fines.  Since 2008, Biden’s office has been involved in this ongoing litigation, assisting the national team with data retrieval and other investigative and litigation requests.  The successful resolution of this investigation is another example of the efforts by the Delaware MFCU to recover state and federal funds lost to unscrupulous providers who attempt to defraud the state healthcare system.

“Pharmaceutical companies that do not follow the rules and pitch their product to the public for purposes that have not been approved will be held accountable,” Biden said.

Nationwide, Johnson & Johnson and its subsidiary, Janssen Pharmaceuticals, Inc., will pay state and federal governments $1.2 billion over charges that the companies promoted and marketed Risperdal and Invega for uses that were not approved by the Food and Drug Administration and for uses that were not medically indicated, made false and misleading statements about the safety of the two drugs, and paid illegal kickbacks to healthcare professionals and long-term care pharmacy providers to induce them to promote or prescribe Risperdal to children, adolescents and the elderly. The companies faced both civil and criminal charges.  As part of the settlement, Janssen Pharmaceuticals, Inc. will plead guilty in the United States District Court in Pennsylvania to a criminal misdemeanor charge of misbranding Risperdal in violation of the Food, Drug, and Cosmetic Act and pay an additional $400 million fine.

Going forward, Delaware will receive an additional 10 percent bonus in its share of future settlements in cases like this under the Delaware False Claims and Reporting Act thanks to legislation Biden and the Medicaid Fraud Control Unit proposed to the General Assembly and enacted earlier this year – Senate Bill 146, sponsored by Sen. Robert Marshall and Rep. Michael Barbieri.  Earning a 10 percent bonus in shares of future false claims settlements is expected to generate hundreds of thousands of additional dollars in recoveries for Delaware and the Delaware Medicaid and Medical Assistance program.

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