Delaware will receive $1.45 million for environmental projects as a result of an additional settlement between 10 states and Volkswagen, Porsche and Audi over the company’s use of “defeat devices” on the emissions controls of diesel vehicles.

The settlement filed Thursday is in addition to a federal and multi-state settlement last year that obtained payments and remediation for vehicle owners (https://news.delaware.gov/2016/06/28/vw/) as well as penalties, and also in addition to a federal environmental trust established with payments from Volkswagen into a national environmental trust to fund air-quality related initiatives (https://news.delaware.gov/2017/03/20/dnrec-seeks-public-input-on-improving-states-air-quality-using-settlement-funds-from-volkswagen-lawsuits/).

The latest settlement involves 10 states known as “Section 177” states that have adopted California’s stringent vehicle emission standards. It marks the first time states have secured environmental penalties from an automobile manufacturer under their own state auto emissions laws. Historically, enforcing vehicle emission standards has been done primarily by the federal government.
The settlement states the funds are to be used for an “environmentally beneficial purpose” and DOJ will work with the Department of Natural Resources and Environmental Control on appropriate plans for the funds.

“This latest settlement continues to hold Volkswagen accountable for its egregious violation of the public trust and the harm to our state’s and country’s air quality as a result of manipulating diesel vehicles to falsify emissions test results and pollute more than allowed,” Attorney General Matt Denn said.

“Pollution from cars contributes significantly to Delaware’s air quality and Volkswagen’s unlawful actions caused excess nitrogen oxides emissions which frustrates our efforts to clean the air in our communities.” said DNREC Secretary Shawn Garvin. “This settlement requires VW to pay an additional $1.45 million penalty and to advance the sales of zero-emission vehicles in the states involved in the settlement. DNREC recently held a public workshop to gather public input of Delaware’s proposed VW Environmental Mitigation Work Plan following an earlier $9 million settlement. Public comments are being accepted until April 3 on the work plan.”

The others states involved in the settlement are Connecticut, Massachusetts, Maine, New York, Oregon, Pennsylvania, Rhode Island, Vermont, and Washington.

The settlement document can be found here.

Reminder for the week: Keeping striped bass from spawning grounds during spawning season unlawful

DOVER – To achieve public compliance through education and enforcement actions that help conserve Delaware’s fish and wildlife resources and ensure safe boating and public safety, Fish & Wildlife Natural Resources Police officers between March 20-26 made 1,083 contacts with anglers, hunters, boaters and the general public, including 58 vessel boardings for boating safety, hunting and fishing regulation compliance checks, issuing 32 citations. Officers responded to 41 complaints regarding possible violations of laws and regulations or requests to assist the public. An increased Fish & Wildlife Natural Resources Police presence continued at the C&D Canal Conservation Area and associated recreational trail.

Fish & Wildlife Natural Resources Police in the Community

• On March 21, Fish & Wildlife Natural Resources Police officers attended the 10th annual law enforcement career fair, hosted by the Delaware Chapter of NOBLE (National Organization of Black Law Enforcement Executives) at Delaware State University in Dover.

• On March 23, Fish & Wildlife Natural Resources Police officers presented information about the upcoming Fish & Wildlife Natural Resources Police Youth Academies and about Operation Game Theft to a Boy Scout Troop near Newark.

• On March 25, Fish & Wildlife Natural Resources Police displayed the Operation Game Theft trailer at the annual LureFest event held at Bowers Beach Fire Department in Bowers Beach.

Fish & Wildlife Natural Resources Police Actions

Citations issued by category, with the number of charges in parentheses, included:

Wildlife Conservation: Possess or transport unlawfully taken antlered deer (2), and possess or transport unlawfully taken antlerless deer (1).

Fisheries Conservation: Recreational: Unlicensed fishing (8). Commercial: Commercial net marking violation (1).

Boating and Boating Safety: No boating safety certificate (1).

Public Safety: Possession of firearm by a person prohibited (3), possession of a deadly weapon by a person prohibited (2), and possession of marijuana (1).

Other: Trespassing after hours on a state wildlife area (7), excessive speed on a state wildlife area (1)*, unlawful to enter dog training area on C&D Canal (3)*, littering upon a public roadway (1), and criminal impersonation (1).

*Includes citation(s) issued at the C&D Canal Conservation Area.

Are you AWARE?
Fish & Wildlife Natural Resources Police remind anglers that during Delaware’s striped bass spawning season, which begins April 1 and continues through midnight on May 31, it is unlawful for any person to take and retain any striped bass from the Nanticoke River or its tributaries, the Delaware River and its tributaries to the north of a line extending due east beginning at and including the south jetty at the mouth of the C&D Canal, or the C&D Canal or its tributaries. Anglers are required to practice catch and release fishing during this season with no harvest allowed in these areas.

In addition, regulations require anglers fishing with natural bait on any striped bass spawning ground during the closed spawning season to use a non-offset circle hook. The Division of Fish & Wildlife recommends that circle hooks always be used when fishing natural baits because of their proven ability to reduce hook-and-release mortality for striped bass and other fish species. The circle hook’s design usually results in fish being hooked in the mouth, simplifying hook removal and reducing injury to the released fish.

Most anglers are required to have a Delaware fishing license. Licenses are sold online, at the licensing desk in DNREC’s Richardson & Robbins Building, 89 Kings Highway, Dover, and by license agents statewide. To find a participating agent, or to purchase a license online, visit Delaware Licenses. For additional information on Delaware fishing licenses, call 302-739-9918.

For more information on fishing in Delaware, click on 2017 Delaware Fishing Guide. The guide also is available in printed form at DNREC’s Dover licensing desk, and from license agents throughout the state.

DNREC’s Division of Fish & Wildlife recognizes and thanks the majority of anglers, hunters and boaters who comply with and support Delaware’s fishing, hunting and boating laws and regulations. Citizens are encouraged to report fish, wildlife and boating violations to the Delaware Fish & Wildlife Natural Resources Police by calling 302-739-4580. Wildlife violations may also be reported anonymously to Operation Game Theft by calling 800-292-3030 or online at http://de.gov/ogt.

Like Fish & Wildlife Natural Resources Police on Facebook, www.facebook.com/pages/Delaware-Fish-Wildlife-Natural-Resources-Police.

Follow Fish & Wildlife Natural Resources Police on Twitter, https://twitter.com/DE_FW_NRPolice.

Media contact: Sgt. John McDerby, Fish & Wildlife Natural Resources Police, 302-739-9913 or 302-354-1386.

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State Auditor R. Thomas Wagner has released the State of Delaware Fiscal Year 2016 Uniform Guidance Single Audit Reporting Packagewhich includes the State’s basic financial statements, Single Audit report, and the status of prior year findings. To view the report visit www.auditor.delaware.gov.

This audit was performed by CliftonLarsonAllen LLP under the direction of the Office of Auditor of Accounts, in accordance with 29 Del. C. §2906(a).

For any questions regarding the report, please contact R. Thomas Wagner, State Auditor of Accounts, CGFM, CICA, CFE, at 302-739-5055 or R.Thomas.Wagner@delaware.gov.

Jamie Baker, a 47-year-old Smyrna woman, was sentenced to 40 years in prison for the murder of her husband, James D. Baker II, in 2013. Deputy Attorneys General Jason Cohee and Nicole Hartman secured the plea in Superior Court. Baker pled guilty to Murder Second Degree in February, admitting then that she had used a hypodermic needle to inject antifreeze into steroids her husband James used as a competitive weightlifter. Baker was sentenced to 40 years in prison, followed by 6 months of either home confinement or work release, then 2 years of probation.

A 31-year-old Wilmington man will spend more than 15 years in prison after being sentenced as an habitual offender for firearm related charges and a violation of probation. Deputy Attorney General Phillip Casale secured the prison sentence for Isaiah Moore, after winning a conviction for Possession of a Firearm by a Person Prohibited and Possession of Ammunition by a Person Prohibited in a bench trial in Superior Court last week. In August 2016, police made a traffic stop on the car Moore was driving. Moore did not have a valid license and was unable to produce a valid registration for the vehicle. During a search of the vehicle, police discovered a loaded 9mm semi-automatic pistol. Moore was on probation at the time for a prior firearm related conviction. Moore also has previous felony convictions for Assault, Drug Trafficking, and Drug Possession Within 1,000 Feet of a School. Moore was sentenced to 15 years and 3 months in prison, followed by 6 months of either home confinement or work release, then 18 months of probation.

Deputy Attorney General John Taylor secured a guilty plea from a man responsible for a shooting on a Wilmington street. Nykere Jackson, 23, of Wilmington pled to Assault Second Degree, Possession of a Firearm During the Commission of a Felony, two counts of Reckless Endangering First Degree. In May 2016, Jackson, while standing with several people, fired several shots into a group across the street in the 100 block of South Franklin Street, hitting one woman in the leg. Jackson faces 2-43 years in prison when sentenced in Superior Court later this year.

A 50-year-old Cheswold man faces 20 to 75 years in prison after a Superior Court jury convicted him of raping his wife then attempting to have her killed. Deputy Attorneys General Denise Weeks-Tappan and Stephen Smith secured the conviction against Mark Bartell for two counts of Rape Second Degree, one count of Rape Fourth Degree, and two counts of Criminal Solicitation. The morning after an argument between Bartell and his wife in November 2015, Bartell raped the woman in her bedroom. After Bartell’s arrest and incarceration, he spoke to other inmates and tried to hire them to kill his wife. Bartell is scheduled for sentencing in May.

(Smyrna) – The Delaware Emergency Management Agency (DEMA) and Delaware Division of Public Health will distribute potassium iodide (KI) tablets to Delaware residents living within a ten mile radius of the Salem/Hope Creek Nuclear Generating Stations.

The free tablets will be distributed on Thursday, April 6, 2017, between 12:00 noon and 7:00PM at the Townsend Fire Station, 107 Main Street in Townsend, Delaware.  Delaware residents living within the ten mile radius called the Emergency Planning Zone (EPZ) have received notification of the distribution via U.S. Mail.

Potassium Iodide will be available to residents who received it previously and whose tablets have reached their expiration date, as well as those who never received the tablets before.  Individuals with home or business addresses within the EPZ are eligible to receive the KI tablets.  The State of Delaware received the tablets when it chose to participate in a program initiated by the U.S. Nuclear Regulatory Commission.

Potassium iodide does not protect against external radiation, but can help protect the thyroid gland from ingested or inhaled radioactive iodine that might be released in a radiation emergency.  KI is one of the measures outlined in Delaware’s emergency plans developed for use in a nuclear incident.  The primary method of protecting residents is evacuation of the EPZ.  Potassium iodide offers additional protection.

In the event of a radiation emergency, state and local officials will inform the public through an Emergency Alert System (EAS) message via local radio stations.  The messages will include instructions on how affected residents should react, directions to evacuation routes and emergency reception centers, and when to take the KI tablets.

Those who are eligible to receive the KI tablets should bring a photo ID such as a driver’s license, or proof of residency such as a utility bill with them to the distribution center at Townsend Fire Company.  Individuals in possession of potassium iodide that has passed the expiration date can bring those tablets to the distribution center to receive new tablets.

Delaware residents living outside of the 10-mile EPZ who would like to obtain potassium iodide tablets should contact their pharmacist.  KI is available over-the-counter at some local pharmacies.

For additional information regarding the potassium iodide distribution program in Delaware, call the Delaware Emergency Management Agency Radiological Emergency Planning section at 302-659-3362.