DNREC to Issue New Permits for Expansion of Bioenergy Devco’s Seaford Facility, Including Biogas Production

The Delaware Department of Natural Resources and Environmental Control announced today that DNREC Secretary Shawn M. Garvin has approved permits associated with the expansion of Bioenergy Devco, LLC’s Seaford facility – an expansion which will enable the company to produce biogas at the company’s organic waste composting operation at the site. A DNREC Secretary’s Order issued today authorizes Bioenergy Devco (BDC) to construct an anaerobic digestion system, a wastewater pre-treatment system and a biogas upgrading plant. BDC currently accepts organic waste from poultry industry sources for composting.

The DNREC Secretary’s Order approves five new permits for BDC, including:

A Resource Recovery Permit from the DNREC Division of Waste and Hazardous Substances;
Two 7 DE Admin. Code 1102 Natural Minor air quality permits from the DNREC Division of Air Quality; and
Two wastewater facility construction permits from the DNREC Division of Water.

The permits are published at the DNREC website at de.gov/biodevco. The permitting process for BDC’s biogas production “included a significant amount of outreach to and from the community,” Secretary Garvin said in the DNREC order. “The permits being issued to BDC are reflective of the applications submitted to DNREC, the comments provided by the public on this matter during the public comment period and the Oct. 26, 2022 public hearing, as well as being consistent with our mission to protect human health and the environment.”

Once the permits are issued by the impacted DNREC divisions, BDC will be authorized by the State of Delaware to initiate the construction phase of the Seaford facility’s expansion. When construction has been completed and certified by DNREC, BDC will begin operating the anaerobic digester in addition to the existing composting facility. The anaerobic digester will produce cleaner gas and digestate. Composting operations at BDC’s Seaford facility have continued throughout the permitting process.

Once BDC’s expanded Seaford operations reaches full capacity, it will process an expected 250,000 tons of organic wastes from the poultry industry annually into stable compost which can be used regionally to replace chemical fertilizers – along with the biogas – renewable natural gas – to be produced and injected into Chesapeake Utilities’ pipelines for use by the utility’s Sussex County customers. BDC’s processing of poultry waste is expected to lessen the nutrient burden on local watersheds, helping to reduce pollution and nutrient runoff within Delaware and the Chesapeake Bay.

About DNREC
The Delaware Department of Natural Resources and Environmental Control protects and manages the state’s natural resources, protects public health, provides outdoor recreational opportunities, and educates Delawareans about the environment. The DNREC Division of Air Quality monitors and regulates all emissions to the air. The DNREC Division of Water manages and protects Delaware’s water resources. The DNREC Division of Waste and Hazardous Substances ensures Delaware’s wastes are managed to protect human life, health, safety and the environment. For more information, visit the website and connect with @DelawareDNREC on Facebook, Instagram, Twitter or LinkedIn.

Media Contacts: Nikki Lavoie, nikki.lavoie@delaware.gov; Michael Globetti, michael.globetti@delaware.gov

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Millsboro Wastewater Spill Closes Indian River Bay to Recreational Bivalve Shellfish Harvest Through Aug. 24

The Delaware Department of Natural Resources and Environmental Control has declared an emergency closure for recreational clamming and mussel harvest in Indian River Bay until Aug. 24. DNREC’s mandatory closure protective of public health came after a pump station connected to the town of Millsboro’s sanitary sewer system failed today, discharging raw sewage into the Iron Branch, a tributary of the Indian River, which flows into the bay.

The harvest of crabs, conch and finfish are not affected by the closure. Oysters grown commercially under aquaculture leases in Rehoboth Bay are not impacted or affected by the Indian River Bay closure. Recreational harvest of oysters is prohibited in Delaware.

The wastewater spill has potentially caused fecal contamination of shellfish in Indian River Bay, which according to National Shellfish Sanitation Program requirements, must be closed to bivalve shellfish harvest for 21 days to protect public health. The 21-day closure of shellfish harvest is a federal guideline that also gives bivalves time for natural cleansing.

DNREC also advises recreational water users to limit water contact in the upper Indian River Bay for the next few days, particularly in waters near the location of the spill.

The spill was stopped Wednesday afternoon. DNREC Division of Water staff are monitoring repairs at the Millsboro pump station. Delaware Fish and Wildlife Natural Resources Police working with the DNREC Delaware Shellfish Program are patrolling and monitoring Indian River Bay to enforce the closure of the bay to recreational bivalve harvest and to ensure recreational clammers are aware of it. More information about the closure and the Delaware Shellfish Program under DNREC authority can be found at de.gov/shellfish.

About DNREC
The Delaware Department of Natural Resources and Environmental Control protects and manages the state’s natural resources, protects public health, provides outdoor recreational opportunities and educates Delawareans about the environment. The DNREC Division of Water manages and protects Delaware’s water resources. The DNREC Division of Watershed Stewardship develops and implements innovative watershed assessment, monitoring and implementation activities. For more information, visit the website and connect with @DelawareDNREC on Facebook, Instagram, Twitter or LinkedIn.

Media Contact: Michael Globetti, michael.globetti@delaware.gov; Nikki Lavoie, nikki.lavoie@delaware.gov

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DNREC Issues Notice of Violation to Owner of Pine Haven Campground Community for Ongoing Wastewater Issues

After a month-long investigation into reports of illegal wastewater discharge within the Pine Haven Campground Community located near Lincoln in Sussex County, the Delaware Department of Natural Resources and Environmental Control today issued a Notice of Violation (NOV) for wastewater violations to property owner Blue Beach Bungalows DE, LLC and parent company Blue Water Development Corp. of Ocean City, Md.

The NOV faulted the company for failure to possess appropriate on-site wastewater and disposal system permits as required by Delaware regulations, and cited violations beginning Dec. 9, 2022 for untreated wastewater surfacing above septic tanks and cesspool disposal areas within the campground community.

DNREC’s Division of Water began monitoring the situation at Pine Haven in early December, directing the property owner at that time to take corrective action that included performing frequent pump-outs of the onsite systems to alleviate surfacing, and to submit a plan that addressed ongoing violations.

The NOV memorializes these immediate corrective measures communicated by DNREC to company officials, and includes other corrective action requirements such as: fencing off impacted areas to prevent public contact with untreated wastewater; daily inspections and reporting of data to DNREC, and establishing a timetable for developing a permanent wastewater solution for Pine Haven residents.

Media Contact: Michael Globetti, michael.globetti@delaware.gov

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Reminder: DNREC to Hold Public Hearing Oct. 26 on Proposed Biogas Facility in Southern Delaware

Public Comment to be Accepted Before, During and After Hearing on Bioenergy Devco’s Expansion Plans for Existing Composting Operation

The Delaware Department of Natural Resources and Environmental Control will hold a virtual public hearing Wednesday, Oct. 26 at 6 p.m. on the proposed expansion by Bioenergy Devco (BDC) of its existing composting facility in Seaford, Del. to transform organic waste into renewable energy. The proposed project will require multiple permits from DNREC, spanning several of the Department’s divisions, including Air Quality, Waste and Hazardous Substances, and Water. Detailed information about the project and additional related resources – including English, Spanish and Haitian Creole versions of both the DNREC public notice about the hearing and the presentation made at a DNREC virtual community workshop held Sept. 28 – can be found at de.gov/biodevco.

The public hearing will allow attendees who have pre-registered with DNREC to offer comments on Bioenergy Devco’s permit applications to be entered into the public record. All public comments made directly to DNREC – whether received verbally at the public hearing or in writing before or after the hearing – have the same weight and will be considered equally by the DNREC Secretary in making a decision on whether to grant the permits that BDC would require for proceeding with its expansion plans. It is not necessary to submit comments elsewhere – and only comments made to DNREC and entered into the public record will be considered by the Department as part of the permit decision process. Closed captioning, in languages including English and Spanish, is available as an option for comments from the community. Registration and connection information for the hearing can be found on DNREC’s Bioenergy Devco public hearing webpage.

BDC’s facility is currently permitted by DNREC to accept organic waste from approved poultry industry sources for composting. The proposed facility expansion would give BDC the capacity for receiving and processing up to 250,000 tons per year of permitted organic waste. In addition to the proposed anaerobic digestion system, the expansion plans also include construction of a wastewater pre-treatment system and a biogas upgrading plant. There is also a proposed emergency generator in the expansion plans.

Byproducts from the process would include pipeline-grade renewable natural gas (RNG) and digestate, which would be dewatered and is proposed for use in the adjacent compost facility – or to be marketed in the future as a soil amendment that can be turned into compost (and which would require a distribution and marketing permit that is not part of the current proposed project and permit applications).

Specifically, the DNREC permits BDC has applied for include:

A resource recovery facility permit from the DNREC Division of Waste and Hazardous Substances to construct an anaerobic digestion system, biogas upgrading plant, and compost facility, designed to process poultry industry wastes into digestate, pipeline-grade renewable natural gas (RNG), and compost. Wastes the facility will accept include poultry litter, hatchery waste, dissolved air flotation (DAF) solid cake and liquid sludge, offal, waste activated sludge, and fats, oils, and greases.
Two 1102 Natural Minor air pollution permits from the DNREC Division of Air Quality to construct a natural gas-fired emergency generator with a standby power rating of 1,082 kilowatts (kW) (1,451 horsepower) and four anaerobic digesters with associated biogas upgrade and air pollution control equipment. The engine used in the proposed generator set is certified to comply with, and will be required to adhere to, U.S. Environmental Protection Agency regulations.
Two wastewater facility construction permits from the DNREC Division of Water to construct an anaerobic digestion system and a wastewater pre-treatment system as part of the proposed resource recovery facility that processes poultry industry wastes into digestate, pipeline-grade renewable natural gas and compost. The anaerobic digestion system and wastewater pretreatment system will include three 0.208-million-gallon (MG) pretreatment tanks, and four 1.95 MG fermentation tanks, a Membrane Bioreactor System (MBR), a 0.198 MG anoxic tank, a 0.412 MG aerobic reactor, a 0.198 MG ultrafiltration feeding tank and ultrafiltration and reverse osmosis treatment systems. The treated wastewater will be pumped and hauled to the Seaford wastewater treatment and disposal facility. BDC plans for a future construction phase will eliminate the need to transport the wastewater via truck by constructing a sanitary sewer pump station and force main that will connect to a future city of Seaford force main located in front of the BDC biogas site on Seaford Road.

BDC’s permit applications and supporting materials can be found in detail on the DNREC website, de.gov/biodevco.

About DNREC
The Delaware Department of Natural Resources and Environmental Control protects and manages the state’s natural resources, protects public health, provides outdoor recreational opportunities, and educates Delawareans about the environment. The DNREC Division of Air Quality monitors and regulates all emissions to the air. The DNREC Division of Waste and Hazardous Substances ensures Delaware’s wastes are managed to protect human life, health, safety and the environment. The DNREC Division of Water manages and protects Delaware’s water resources. For more information, visit the website and connect with @DelawareDNREC on Facebook, Twitter or LinkedIn.

Media Contact: Michael Globetti, michael.globetti@delaware.gov

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DNREC to Host Community Workshop on Proposed Biogas Facility in Southern Delaware

[versión en español]

Public Invited to Sept. 28 Virtual Event to Discuss Permits for Bioenergy Devco Before Company Can Expand Operations

The Delaware Department of Natural Resources and Environmental Control will hold a virtual community workshop on Wednesday, Sept. 28 about a proposal by Bioenergy Devco (BDC) to expand its existing composting facility in Seaford, Del. to transform organic waste into renewable energy. The proposed project will require multiple permits from DNREC, spanning several of the Department’s divisions, including Air Quality, Waste and Hazardous Substances, and Water. Detailed information about the project and community resources are available at de.gov/biodevco.

The Sept. 28 virtual community workshop is scheduled for 6 p.m. The workshop will allow the community to learn more about BDC’s expansion plans and information contained in the permit applications before making official public comments. These plans include the construction of an anaerobic digester, which breaks down organic wastes and converts them into renewable natural gas or “biogas” and an organic soil amendment.

The virtual community workshop will be conducted by DNREC staff. Attendees will be able to ask questions of the Department about the proposed project. Closed captioning, in languages including English and Spanish, is available as an option. Registration and connection information is published on the DNREC events calendar at de.gov/dnrecmeetings.

A virtual public hearing for the project will be held about a month later, scheduled at 6 p.m. on Oct. 26. The public hearing will allow attendees who have pre-registered to offer comments on the applications to be entered into the public record. Closed captioning, in languages including English and Spanish, is available as an option. All public comments, whether received verbally at the public hearing or in writing before or after the hearing, have the same weight and will be considered equally by the Secretary in making a decision on whether to grant the permit. Registration and connection information is published on the DNREC public hearing webpage, de.gov/dnrechearings.

Specifically, information about each of the DNREC permits BDC has applied for include:

A resource recovery facility permit from the DNREC Division of Waste and Hazardous Substances to construct an anaerobic digestion system, biogas upgrading plant, and compost facility, designed to process poultry industry wastes into digestate, pipeline-grade renewable natural gas (RNG), and compost. Wastes the facility will accept include poultry litter, hatchery waste, dissolved air flotation (DAF) solid cake and liquid sludge, offal, waste activated sludge, and fats, oils, and greases.

Two 1102 Natural Minor air pollution permits from the DNREC Division of Air Quality to construct a natural gas-fired emergency generator with a standby power rating of 1,082 kilowatts (kW) (1,451 horsepower) and four anaerobic digesters with associated biogas upgrade and air pollution control equipment. The engine used in the proposed generator set is certified to comply with, and will be required to adhere to, U.S. Environmental Protection Agency regulations.

Two wastewater facility construction permits from the DNREC Division of Water to construct an anaerobic digestion system and a wastewater pre-treatment system as part of the proposed resource recovery facility that processes poultry industry wastes into digestate, pipeline-grade renewable natural gas and compost. The anaerobic digestion system and wastewater pretreatment system will include three 0.208-million-gallon (MG) pretreatment tanks, and four 1.95 MG fermentation tanks, a Membrane Bioreactor System (MBR), a 0.198 MG anoxic tank, a 0.412 MG aerobic reactor, a 0.198 MG ultrafiltration feeding tank and ultrafiltration and reverse osmosis treatment systems. The treated wastewater will be pumped and hauled to the Seaford wastewater treatment and disposal facility. BDC plans for a future construction phase will eliminate the need to transport the wastewater via truck by constructing a sanitary sewer pump station and force main that will connect to a future city of Seaford force main located in front of the BDC biogas site on Seaford Road.

BDC’s permit applications and supporting materials can be found in detail on the DNREC website, de.gov/biodevco.

About DNREC
The Delaware Department of Natural Resources and Environmental Control protects and manages the state’s natural resources, protects public health, provides outdoor recreational opportunities and educates Delawareans about the environment. The DNREC Division of Air Quality monitors and regulates all emissions to the air. The DNREC Division of Waste and Hazardous Substances ensures Delaware’s wastes are managed to protect human life, health, safety and the environment. The DNREC Division of Water manages and protects Delaware’s water resources. For more information, visit the website and connect with @DelawareDNREC on Facebook, Twitter or LinkedIn.

Media Contacts: Nikki Lavoie, nikki.lavoie@delaware.gov; Michael Globetti, michael.globetti@delaware.gov