DNREC and Allen Harim, LLC enter into Conciliation Order by Consent addressing wastewater violations

DOVER – Delaware’s Department of Natural Resources and Environmental Control (DNREC) and Allen Harim, LLC have signed a Conciliation Order by Consent, Secretary’s Order No. 2018-W-0057, in settlement of past violations at Allen Harim’s poultry processing facility in Harbeson and at Allen Harim’s hatchery facility in Dagsboro, and including DNREC assessing an administrative penalty of $300,000 to Allen Harim. The Conciliation Order also calls for Allen Harim to terminate all spray irrigation activities at its Dagsboro poultry hatchery, and for the facility to connect to the Sussex County sanitary sewer system to address the company’s future wastewater needs. Upgrades already are in place at Allen Harim’s Harbeson facility addressing wastewater issues there.

From July through November 2016, Allen Harim’s Harbeson poultry processing facility had numerous violations of their National Pollutant Discharge Elimination System (NPDES) wastewater permit for ammonia, phosphorus, total suspended solids and bacteria. DNREC issued a Notice of Administrative Penalty Assessment and Secretary’s Order to address these and prior violations of the facility’s NPDES permit. Subsequent upgrades at the Harbeson facility has enabled Allen Harim to operate in compliance with their permit.

Allen Harim met with DNREC following issuance of that Secretary’s Order, during which violations at the Dagsboro hatchery were addressed. The Dagsboro hatchery has a permit that authorizes the spray irrigation of screened hatchery process wastewater under a set nitrogen-loading limit. Allen Harim’s 2016 and 2017 annual reports to DNREC show that the company exceeded those loading limits, and two onsite groundwater monitoring wells revealed an impact to groundwater from the spray irrigation operation. Through the conciliation order by consent, Allen Harim has agreed to terminate all spray irrigation operations at the Dagsboro facility.

This conciliation settles both poultry processing and hatchery facility violations for Allen Harim. The penalty assessment in the order requires that Allen Harim reimburse DNREC $7,888 for expenses incurred during the Department’s investigation.

The order also allows Allen Harim to perform an Environmental Improvement Project (EIP) within the Broadkill River Watershed to improve water quality by eliminating a source of nutrient runoff. Allen Harim may apply up to $150,000 of the assessed penalty towards implementing the EIP. This allowance by DNREC will not reduce the amount paid by Allen Harim, but will redirect part of the penalty into water quality improvements in the impacted watershed.

The consent decree can be found on the DNREC website.

Media Contact: Michael Globetti, DNREC Public Affairs, 302-739-9902


DNREC Fish & Wildlife Natural Resources Police Blotter: Aug. 27-Sept. 2

Reminder for the week: Hunters should observe surroundings, take safety precautions.

DOVER – To achieve public compliance with laws and regulations through education and enforcement actions that help conserve Delaware’s fish and wildlife resources and ensure safe boating and public safety, DNREC Fish & Wildlife Natural Resources Police officers between Aug. 27-Sept. 2 made 3,126 contacts with hunters, anglers, boaters, and the general public, issuing 151 citations. Officers responded to 90 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 Michael N. Castle Trail.

Fish & Wildlife Natural Resources Police in the Community

• On Sept. 2, Fish & Wildlife Natural Resources Police officers provided security patrols using marine patrol vessels Uniform and Alpha during the Pot Nets Bayside Labor Day fireworks.

Fish & Wildlife Natural Resources Police Actions

Incident of note:

• On Aug. 31, Fish & Wildlife Natural Resources Police officers arrested a Frederica couple for theft and multiple commercial crabbing violations near Frederica.  A DNREC press release was issued regarding the incident.

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

Wildlife Conservation: Wildlife area map violation (1).

Fisheries Conservation: Recreational: No F.I.N. (4), unlicensed fishing (6), trespass to fish (2), possession of undersized white perch (1), possession of undersized striped bass (1), possession of undersized flounder (1), possession of over-the-limit hard clams (1), possession of undersized blue crabs (11), crab pot tampering (8), and unlawful method of take of conchs (6).
Commercial: Lifting a crab pot belonging to another commercial fisherman (22) and unlawful take of shellfish (44).

Boating and Boating Safety: Operating a vessel under the influence of alcohol (1), operating a vessel with insufficient number of life jackets (1), negligent operation of a motor vessel (1), operating an unregistered vessel (2), no navigation lights (1), no boating safety certificate (2), no life jacket on a child age 12 or younger as required by law (4), allowing use of a non-compliant vessel (1), operating a jet ski without a life jacket (2), and failure to observe slow no wake (1).

Public Safety: Illegal operation of an off highway vehicle (1) and possession of marijuana – civil (2).

Other: Trespassing after hours on a state wildlife area (20)*, theft under $1,500 (2), and conspiracy in the third degree (2).

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

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.

Are you AWARE?
Fish & Wildlife Natural Resources Police advise hunters to become familiar with state, county, and local regulations before choosing their hunting spots and to always be observant of their surroundings and take appropriate safety precautions.

Only the owner or occupant or a person with specific permission from the owner or occupant can legally discharge a firearm in the firearms safety zone located within 100 yards of an occupied dwelling, house, or residence, or any related barn, stable, or other outbuilding. The statewide safety zone for in-season archery deer hunting is 50 yards. Within these safety zones, it is illegal for anyone other than the owner or occupant to hunt, trap, pursue, disturb, or otherwise chase any wild animal or bird without advance permission of the owner or occupant.

Upstate hunters should also note that New Castle County has its own ordinances, including a 200-yard firearm safety zone from homes, structures, and camps north of I-295 and I-95 and a 100-yard firearm safety zone south of I-295 and I-95 in which firearms may not be discharged. A 50-yard safety zone for in-season archery deer hunting is in effect for all of New Castle County. For more information, please check New Castle County laws and code.

To report hunting violations or accidents please call the Delaware Fish & Wildlife Natural Resources Police 24-hour dispatch line at: 302-739-4580 or 1-800-523-3336. 

Follow Fish & Wildlife Natural Resources Police on Facebook, https://www.facebook.com/DEFWNRPolice/.

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

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Fish & Wildlife Natural Resources Police Blotter: Aug. 6-12

Reminder for the week: Avoid overloading your vessel by checking its’ capacity plate

DOVER – To achieve public compliance with laws and regulations through education and enforcement actions that help conserve Delaware’s fish and wildlife resources and ensure safe boating and public safety, DNREC Fish & Wildlife Natural Resources Police officers between Aug. 6-12 made 3,875 contacts with anglers, boaters, and the general public, issuing 66 citations. Officers responded to 106 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 Michael N. Castle Trail.

Fish & Wildlife Natural Resources Police in the Community

  • On Aug. 7, Fish & Wildlife Natural Resources Police officers, along with K-9 River, visited the Smyrna Police Department’s Youth Academy where they provided a K-9 demonstration and discussed the role of Fish & Wildlife Natural Resources Police officers.
  • On Aug. 7, Fish & Wildlife Natural Resources Police officers attended Middletown’s National Night Out event where they displayed MP Oscar and discussed the role of Fish & Wildlife Natural Resources Police officers and answered hunting, fishing, and boating questions.
  • On Aug. 12, Fish & Wildlife Natural Resources Police officers gave a presentation on the role of Fish & Wildlife Natural Resources Police officers, safe hunting practices, hunting laws, and what to expect when being checked by an officer while hunting to attendees of a Hunter Education Class at the Little Creek Hunter Education Training Center.

Fish & Wildlife Natural Resources Police Actions

Incident of note:

  • On Aug. 10, Fish & Wildlife Natural Resources Police officers in Sussex County responded to a vessel that took on water and swamped at the mouth of the Roosevelt Inlet at Delaware Bay in Lewes. Officers pulled seven people out of the water to safety and towed the vessel back to the Lewes Fire Company dock. There were no injuries as a result of this incident. The operator of the vessel was cited for negligent operation due to the vessel being over capacity.

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

Fisheries Conservation: Recreational: Unlicensed fishing (9), possession of undersized white perch (1), possession of undersized blue crab (15), no F.I.N. (6), possession of undersized striped bass (1), tending more than 2 crab pots (1), and use of crab pots without required turtle excluder (2).

Boating and Boating Safety: Operating a vessel with insufficient number of life jackets (2), no life jacket on a child age 12 or younger as required by law (5), failure to observe slow no wake (1), operating an unregistered vessel (2), no boater safety certificate (2), and negligent operation of a vessel (2).

Public Safety: Possession of marijuana – civil (1).

Other: Operating a motor vehicle off an established roadway on a state wildlife area (2)*, destruction of state property (1)*, trespassing after hours on a state wildlife area (12)*, and littering on a state wildlife area (1)*.

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

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.

Are you AWARE?
Delaware Fish & Wildlife Natural Resources Police reminds boaters to always check the boat capacity plate, which is usually found near the operator’s position or on the vessel’s transom. This plate indicates the maximum weight capacity and maximum number of people that the vessel can carry safely. Boaters should always follow the recommended capacity in the owner’s manual and on the manufacturer’s capacity plate before heading out on Delaware’s waterways.

Anglers and hunters should also consider the weight of their extra gear to ensure they do not load their vessels beyond the stated capacity.

For more information on safe boating practices in Delaware, including Delaware’s boating safety education courses, please visit Delaware’s Boating Safety website.

Follow Fish & Wildlife Natural Resources Police on Facebook, https://www.facebook.com/DEFWNRPolice/.

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

Contact: Sgt. Brooke Mitchell, 302-382-7167, or Fish & Wildlife Natural Resources Police, 302-739-9913


DNREC Environmental Crimes Unit K-9 officer apprehends fugitive wanted for assaulting Maryland police officer

NEWARK – A DNREC Natural Resources Police K-9 officer apprehended a man Aug. 9 who fled when Park Rangers sought to question him as a person of interest in a series of recent break-ins at White Clay Creek State Park, and who was later identified as a fugitive accused of assaulting a Maryland police officer.

DNREC Natural Resources Police Park Rangers arrested Jesse J. Planter, 29, no known residence, after he was tracked by a DNREC Natural Resources Police Environmental Crimes Unit K-9 unit for more than a mile through White Clay Creek State Park. Planter surrendered without incident after the K-9 officer located him beneath heavy brush inside the park.

Planter gave false information about his identity when he was taken into custody, but after positive ID was made, DNREC Natural Resources Police learned that he was wanted by the Carroll County, Md. Sheriff’s office for assault on a police officer. Planter was charged by DNREC Natural Resources Police Parks Rangers with being a fugitive from another state; criminal impersonation; resisting arrest, and entering or remaining on closed lands without permission, among other charges.

Planter was held at the Howard R. Young Correctional Institution in Wilmington, after waiving extradition to Maryland.

Contact: Joanna Wilson, DNREC Public Affairs, 302-739-9902

Vol. 48, No. 220


Fish & Wildlife Natural Resources Police Blotter: June 25-July 1

Members of the 2018 DNREC Fish & Wildlife Natural Resources Police Basic Youth Academy class learning to march last week.

Reminder for the week: Anglers need fishing license, FIN Number

DOVER (July 6, 2018) – To achieve public compliance with laws and regulations through education and enforcement actions that help conserve Delaware’s fish and wildlife resources and ensure safe boating and public safety, DNREC Fish & Wildlife Natural Resources Police officers between June 25-July 1 made 4,257 contacts with anglers, boaters, and the general public, issuing 135 citations. Officers responded to 102 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 Michael N. Castle Trail.

Fish & Wildlife Natural Resources Police in the Community

  • June 25-29, Fish & Wildlife Natural Resources Police officers held their Fish & Wildlife Natural Resources Police Basic Youth Academy at the Ommelanden Hunter Education Center, near New Castle. Twenty kids, ages 12-15, participated and received their hunting and boating education certificates.

Fish & Wildlife Natural Resources Police Action

Incident of note:

  • On July 1, Fish & Wildlife Natural Resources Police officers arrested an individual for 77 counts of possession of undersized blue crabs while commercial crabbing in the Delaware Bay. He was arraigned at Kent County justice of the Peace Court 7, where he pleaded guilty and was fined $1,545 and released.

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

Fisheries Conservation: Unlicensed fishing (2), failure to have required fisheries identification number (FIN) (1), possession of undersized blue crab-recreational (3), possession of undersized blue crab-commercial (80), possession of undersized white perch (1), over the limit recreational crab pots (2) and recreational crab pot tampering (1).

Boating and Boating Safety: No life jacket on a child age 12 or younger as required by law (4), operating a vessel with insufficient number of life jackets (3), negligent operation of a vessel (3), no tidal boat ramp certificate (2), operating under the influence of alcohol (1), towing a water skier without required observer (1), failure to observe slow no wake zone (4), failure to observe slow no wake zone-PWC (1), no Type IV PFD (1), no boating safety certificate (2) and operating an unregistered vessel (1).

Public Safety: Shellfish in a closed polluted area-recreational clamming (4), driving with a suspended license (1), civil possession of marijuana (2), possession of drug paraphernalia- marijuana related (4), possession of drug paraphernalia (2) and possession of prescription drugs not in original container (1).

Other: Trespassing after hours on a state wildlife area (7)*, and fictitious vehicle registration (1)*.

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

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.

Are you AWARE?
Fish & Wildlife Natural Resources Police remind recreational anglers that a Delaware fishing license is required for fishing, crabbing, and clamming in both tidal and non-tidal waters statewide.

A resident annual Delaware recreational fishing license, which covers fresh and tidal waters as well as crabbing and clamming, costs $8.50 for ages 16 through 64. Persons under the age of 16 and residents age 65 and older are not required to purchase fishing licenses in Delaware. For non-resident anglers age 16 and older, a Delaware fishing license costs $20.

Both resident and non-resident anglers age 16 and older also are required to obtain a Delaware Fisherman Information Network (FIN) number. The free number is included as part of a Delaware fishing license purchase. License-exempt anglers, including Delaware residents 65 and older, may visit www.delaware-fin.com or call 800-432-9228 toll-free to obtain their free FIN number.

Delaware fishing licenses are sold online, at the licensing desk in DNREC’s Richardson & Robbins Building, 89 Kings Highway, Dover, DE 19901, and by license agents statewide. To find a participating agent, or to purchase a license online, visit Delaware Licenses. For additional information, call 302-739-9918.

For more information on fishing in Delaware, click on 2018 Delaware Fishing Guide. The guide also is available in printed form at DNREC’s Dover licensing desk, and from license agents throughout the state.

Follow Fish & Wildlife Natural Resources Police on Facebook, https://www.facebook.com/DEFWNRPolice/.

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

Contact: Lt. John McDerby, 302-354-1386, Sgt. Brooke Africa, 302-382-7167, or Fish & Wildlife Natural Resources Police, 302-739-9913.