DOVER – DNREC Secretary David S. Small has issued a Notice of Administrative Penalty and Secretary’s Order to Waste Management of Delaware, Inc. for violations of Delaware’s Regulations Governing Solid Waste. The Order includes a penalty of $40,000 and $3,660 in cost recovery for the Department.

Waste Management of Delaware, Inc. is licensed to transport solid waste, operating under a Delaware Solid Waste Transporter Permit. Waste Management of Delaware, Inc. owns and operates businesses located at 300 Harvey Drive in Wilmington and at 226 South Railroad Avenue in Georgetown, providing solid waste collection services to residential and commercial customers throughout the state.

Delaware’s Solid Waste Recycling Law (also known as the Universal Recycling Law) requires all waste service providers to collect source-separated recyclable materials in a manner to ensure that the source-separated recyclable materials enter the marketplace and are otherwise not disposed via a landfill or by incineration. The Universal Recycling Law also requires waste service providers to provide their residential trash customers with certain recycling services.

DNREC documented solid waste violations by Waste Management of Delaware, Inc. in Wilmington, Lewes, and Selbyville at various times during 2015. Violations were related to Waste Management’s combining trash and recyclables from separate collection containers into one truck compartment, or by Waste Management not providing curbside recycling service as required by law.

Prior to the Secretary’s Order, DNREC also had issued Waste Management notices of violation (NOVs) in June and October of 2014, and in January this year for failure to provide adequate single-stream recycling collection services to some of its single-family and multi-family residential customers. DNREC also notified Waste Management of Delaware, Inc. of the need to comply with all aspects of the Universal Recycling Law.

The Secretary’s Order can be found on the DNREC website at dnrec.delaware.gov/Info/Pages/SecOrders_Enforcement.aspx.

Waste Management of Delaware, Inc. has 30 days to appeal the Order.

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

Vol. 46, No. 146

DOVER – DNREC Secretary David Small has issued a Notice of Administrative Penalty Assessment and Secretary’s Order to Oakwood Village at Lewes LLC (Oakwood Village) for violations of Delaware’s sediment and stormwater regulations, and Regulations Governing the Control of Water Pollution. The order includes an administrative penalty of $36,900 and an additional $5,535 in cost recovery reimbursement to DNREC.

Oakwood Village is a multi-phase subdivision in Sussex County comprising almost 64 acres with 115 single family units. The subdivision is being built in phases and is in the process of completing the final phase. Unless exempted under state law and Delaware’s sediment and stormwater Regulations, any entity disturbing land greater than 5,000 square feet (one-eighth acre) must comply with its approved sediment and stormwater management plan from DNREC or its delegated agencies.

The Sussex Conservation District referred Oakwood Village to DNREC for enforcement action in July 2014. Subsequent construction site reviews at Oakwood Village found six violations between July and October of 2014. The violations cited by DNREC were: deficiencies of the stabilized construction entrance, inlet protection, vegetative stabilization, silt fence, and maintenance.

The Secretary’s Order can be found on DNREC’s website at http://www.dnrec.delaware.gov/Info/Pages/SecOrders_Enforcement.aspx.

Oakwood Village has 30 days to request a public hearing.

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

Vol. 46, No. 63

DOVER (April 19, 2013) – 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, DNREC Division of Fish & Wildlife Enforcement agents between April 9 and April 16 made 669 contacts with hunters, anglers, boaters and the general public, including 26 boating safety/fishing regulation compliance checks. Agents responded to 38 complaints and issued 24 citations. Incidents of particular note included: 

• On April 15, following an investigation, agents cited James J. Spence, 39, of Dover, with two counts of illegally offering antlered deer for sale and two counts of commercialization of native wildlife in connection with an online posting to sell mounted deer antlers. Spence has the option of paying the citation or requesting a court date and, if guilty on all four counts, faces a total of $2,607 in fines and court costs.
• On April 13, opening day of Delaware turkey season, Fish and Wildlife agents made eight arrests involving a total of 11 charges. K-9 Enforcement agent Warden, a 7-year-old Labrador retriever, assisted agents in Sussex County by locating bait and spent shells and tracking suspects. Charges included hunting wild turkey over bait, taking non-bearded (female) wild turkey, no safety certificate, prohibited shot size and unplugged gun. Turkey violations carry a penalty starting at $250, with a mail-in ticket for the minimum offense totaling $342 with court costs.

Citations issued by violation type included the following, with the number of charges in parentheses:

Wildlife Conservation: Hunting wild turkey without required safety certificate (1), and hunting wild turkey over bait (6), Kent and Sussex counties; Hunting wild turkey with prohibited shot size (1), hunting wild turkey with unplugged shotgun (1), and illegally taking non-bearded (hen) wild turkey (2), Sussex County; Illegally offering antlered deer parts for sale (2), and commercialization of native wildlife (2), Kent County; Possession of unlawfully taken game/antlered deer (1), and littering on a state wildlife area (2), New Castle County.

Fisheries Conservation: Recreational: Unlicensed fishing (1), Sussex County; Illegally taking striped bass from spawning area (1), New Castle County.

Boating Safety: Operating a vessel with insufficient number of life jackets aboard (1), and no required visual distress signals (1), New Castle County.

Public Safety: Felonious possession of a deadly weapon by a person prohibited (1), New Castle County. (A press release on this case was issued on April 18, 2013 – click: Bear man charged with weapons, hunting violations.)

Are you AWARE?

With eight arrests on the opening day of Delaware’s 2013 turkey season, Fish and Wildlife Enforcement reminds hunters that they should review Delaware’s turkey regulations before heading out into the field. The season runs through Saturday, May 11. Regulations include:

• Hunters must carry their hunter education card certifying completion of Delaware’s mandatory one-day turkey hunter education class.
• Hunting on public lands is by preseason lottery permit only.
• Hunters must carry their public lands permit while hunting on public lands and may only hunt the designated area and season segment/dates specified in the permit.
• Bag limit is one bearded bird per year.
• Birds without beards (hens) may not be taken.
• Hunting wild turkey over bait is prohibited.
• Hunting wild turkey with dogs is prohibited.
• Temporary blinds of vegetation or camouflage are permitted.
• Artificial turkey decoys are permitted.
• Non-electric calls are permitted.
• For safety reasons, hunters should not imitate the male gobbling call.
• Shotguns in 20, 16, 12 and 10-gauge and smoothbore muzzleloading shotguns -may be used with #4, #5, or #6 steel or lead shot. (See Delaware Hunting Guide for more information.)
• A longbow, compound bow or crossbow with a minimum broadhead width of 7/8 inches may be used.
• For safety reasons, wearing any visible garment having red, white or blue is prohibited.
• Hunting hours are a half-hour before sunrise until 1 p.m., Monday through Saturday.
• All birds taken must be checked by 2:30 p.m. on the day of the hunt at an authorized turkey check station. For a list of check stations, click Turkey Check Stations.

For more information, pick up a copy of the 2012-2013 Delaware Hunting and Trapping Guide at your local hunting license dealer, or check it out online at Delaware Hunting Guide .

The DNREC Division of Fish and 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 and wildlife and boating violations to the Delaware Fish and Wildlife Enforcement Section by calling 302-739-4580. Wildlife violations may also be reported anonymously to Operation Game Theft by calling 800-292-3030 or online at www.dnrec.delaware.gov/fw/Hunting/Pages/OpGameTheft.aspx .

Contact: Sgt. Gregory Rhodes, Division of Fish & Wildlife Enforcement, 302-739-9913 or 302-542-6102, or Joanna Wilson, DNREC Public Affairs, 302-739-9902

Vol. 43, No. 161

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DOVER (April 12, 2013) – 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, between April 3 and April 9 DNREC Division of Fish & Wildlife Enforcement agents made 1,135 contacts with hunters, anglers, boaters and the general public, including 12 boating safety/fishing regulation compliance checks. Agents responded to 36 complaints and issued 41 citations. Incidents of particular note included: 

• On April 8, following an investigation, agents arrested Howard B. Carter IV, 35, of Middletown and charged him with possession of a loaded firearm in a motor vehicle, hunting from a roadway, third degree conspiracy, hunting wild turkey without a permit, failure to register wild turkey, illegal possession of wild turkey, hunting wild turkey during a closed season and failure to wear required camouflage while hunting wild turkey. Carter was arraigned in Justice of the Peace Court 11 in New Castle and released pending a later trial in a higher court. 
• Agents arrested two local fugitives. On April 4, Lanier L. Bright, 41, of Millsboro, was taken into custody on a Justice of the Peace Court warrant and released after posting bail. Bright was also cited for trespassing after hours in a state wildlife area. On April 8, Sarah King, 40, of Millsboro, was taken into custody on a Justice of the Peace Court 3 warrant and committed to Sussex Correctional Institute in default of bond. King and a companion were also cited for trespassing after hours in a state wildlife area. 
• On April 5, a 24-year-old Wilmington man was cited for possession of an undersized snapping turtle, which the man had offered for sale online. Agents also issued a warning to the man about two other turtles found in his possession for which he did not have a permit. All three turtles were turned over to Division of Fish and Wildlife’s aquatic education staff. 

Citations issued by violation type included the following, with the number of charges in parentheses: 

Wildlife Conservation: Possession of a loaded firearm in a motor vehicle (1), hunting from a roadway (1), hunting wild turkey without required permit (1), failure to register wild turkey (1), illegal possession of wild turkey (1), hunting wild turkey during a closed season (1), and failure to wear required camouflage while hunting wild turkey (1), and possession of an undersized snapping turtle (1), New Castle County; Trespassing  after hours in a state wildlife area (8), illegally offering antlered deer parts for sale (2), commercialization of native wildlife (1), and an international wildlife trafficking violation for offering for sale a taxidermy-mounted bear (1)*, Sussex County. 

* A press release on the commercialization of wildlife case was issued earlier this week: Milford man charged with illegally selling mounted wildlife .

Fisheries Conservation: Recreational: Unlicensed fishing (6), fishing in a closed trout stream (3), over limit trout (1), and no trout stamp (1), New Castle County.

Public Safety: Parking violations related to trout season opening day (8), New Castle County.

 Other: Criminal mischief (1), and third degree conspiracy (1), Sussex County.

Are you AWARE?

 The Fish and Wildlife Enforcement Section reminds hunters that the 2013 Delaware spring turkey hunting season opens Saturday, April 13, and runs through Saturday, May 11. Hunting hours are a half-hour before sunrise until 1 p.m., Monday through Saturday. 

Delaware hunters are reminded that they must have successfully completed a mandatory one-day turkey hunter education class before they can legally hunt wild turkeys in Delaware. Turkey hunters also are required to carry their Hunter Education Card certifying successful completion of the course. Hunting on public lands is by preseason lottery permit only. Hunters must carry their public lands permit while hunting and may only hunt the designated area and season segment/dates specified in the permit.

 Bag limit is one bearded bird per year; birds without beards may not be taken. All birds taken must be checked by 2:30 p.m. on the day of the hunt at an authorized turkey check station. For a list of check stations, click Turkey Check Stations. 

For more information, pick up a copy of the 2012-2013 Delaware Hunting and Trapping Guide at your local hunting license dealer, or check it out online at Delaware Hunting Guide.

The DNREC Division of Fish and 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 and wildlife and boating violations to the Delaware Fish and Wildlife Enforcement Section by calling 302-739-4580. Wildlife violations may also be reported anonymously to Operation Game Theft by calling 800-292-3030 or online at www.dnrec.delaware.gov/fw/Hunting/Pages/OpGameTheft.aspx .

Vol. 43, No. 145

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Dover – ‘Back country road, early morning nobody else is out there, what could happen? They did crash and her head went through the windshield’…’The one who was not wearing the seat belt was completely ejected from the vehicle’…’She was ejected from the vehicle that she was in…’ These are just some of the stories of crashes that real Delaware paramedics have encountered on Delaware roadways and is also one of the many reasons the Office of Highway Safety (OHS) along with officers from 17 participating State, County and municipal law enforcement agencies are launching the eleventh annual “Click It or Ticket” seat belt enforcement campaign starting Monday May 14th.

Click It or Ticket is a high visibility enforcement and public awareness campaign aimed at saving lives by getting more people to wear their seat belts.  This year the Click It or Ticket campaign message “Seat Belts Save More Lives Than We Do” speak about real life unbelted crashes, injuries, and fatals encountered by Delaware paramedics.

“Our paramedics see firsthand the serious injuries and deaths resulting from crashes when seat belts are not used,” said Governor Markell. “It is important we heed their advice and wear our seat belts on every trip.”

Extra enforcement will be conducted for a two week period beginning May 14^th, in the form of traffic safety checkpoints and saturation patrols statewide. Because fewer than 1/3 of Delaware’s unrestrained fatals occur during the daytime, the focus will be on night time enforcement. Last year, 50% of all occupant fatalities were unrestrained; a significant increase over 2010 when 34% were unrestrained.

“Each year far too many Delawareans die in fatal crashes. Buckling up is one quick and easy way to keep our loved ones safe as we travel throughout the State. I encourage you to make it a habit every time you get into a vehicle. You never know when it may just save your life.” said Delaware Department of Safety and Homeland Security Secretary Lewis D. Schiliro.

Delaware law requires drivers and all passengers, including those in the back seat, to wear a seat belt.  An officer can pull over a driver if they see any person in the vehicle not wearing a seat belt, even if there is no other violation.  Officers will be issuing citations for seat belt violations as part of a zero tolerance policy.  The $83.50 seat belt ticket goes to the driver no matter who is unbuckled in the vehicle.

“What could you do with $83.50? Dinner and a movie? More downloads on iTunes?” asks Jana Simpler, Director for the Office of Highway Safety. “Don’t risk a ticket or worse. Buckle up, every trip, every time.”

Enforcement is being accompanied by statewide public awareness and paid media in the forms of billboards, radio, Pandora radio, T.V., print, and internet advertising and will also be accompanied by outreach activities to high schools and in the community.  Seat belt kits were distributed to high schools.  The kits included several fun ideas and activities for the schools to help teach students about the importance of bucking up such as setting up a faux checkpoint as students leave the school parking lot, and seat belt e-card students can create on Facebook and share with parents and friends and if their card is ‘liked’ they are entered into a drawing to win a gift card for dinner at Grotto Pizza with their family.

OHS community outreach events to promote seat belt safety include seat belt musical chairs at the Wilmington Blue Rocks May 18^th & 19^th, and Dover International Speedway June 1-3^rd.  On June 2^nd NASCAR driver J.J. Yeley will be playing seat belt musical chairs with a few lucky fans and winners of all the musical chairs contests will receive an OHS or Blue Rocks prize pack.

Get the facts:

• Did you know that 50% of all occupant fatalities in Delaware last year were individuals not wearing a seat belt and that fewer than 1/3 of Delaware’s unrestrained fatals occur during the daytime.
• Wearing a seat belt decreases your risk of being seriously injured or killed in a crash by approximately 50%.
• Hospital data shows that unbelted occupants in crashes are 3 times more likely to require a hospital stay. On average, hospital costs for an unbelted crash victim are 55% higher than those for a belted crash victim.
• Strong seat belt laws protect families.  When parents are buckled up, 90% of the time their children are too.

For more information on Click It or Ticket enforcement results and a look at updated campaign materials, please visit www.ohs.delaware.gov, like us on Facebook at www.Facebook.com/ArriveAliveDE or follow us on Twitter at www.Twitter.com/DEHighwaySafe .