DOVER – The Department of Natural Resources and Environmental Control (DNREC) announced today that it has reached two separate settlement agreements with the Delaware City Refining Company, LLC (DCRC) over environmental violations by the company’s refinery in Delaware City. The two settlement agreements – totaling $218,000 – are the culmination of a series of violations for the refinery.

“The Department is working to address all outstanding issues at the refinery,” said DNREC Secretary Shawn M. Garvin. “Moving forward, DNREC recognizes the importance of the Delaware City Refining Company taking steps to minimize future violations.”

On March 9, 2017, DNREC issued to DCRC a Notice of Administrative Penalty Assessment and Secretary’s Order, alleging that DCRC violated a 2013 order by shipping crude oil from the its Delaware City terminal to locations other than the Paulsboro, N.J., refinery owned by its corporate parent, PBF Energy. DNREC found that 17 shipments were made to other facilities in 2014, contrary to DCRC representations made in support of an air pollution control permit application from the company in 2013, and contrary to information provided to DNREC by DCRC in February 2016.

In this settlement, DCRC has agreed to pay a $100,000 penalty. Additionally, DCRC has agreed to seek a Coastal Zone Act Status Decision prior to making any future shipments of crude oil from the Delaware City refinery to a location other than their refinery in Paulsboro, New Jersey, consistent with Rule 7.0 of the Regulations Governing Delaware’s Coastal Zone.

The Delaware City refinery was also cited for NPDES (National Pollutant Discharge Elimination System) permit violations for exceeding effluent limits from the period December 2014 through August 2017. The DNREC-DCRC settlement agreement for NPDES violations includes an administrative penalty of $118,000. To offset a portion of the penalty, DCRC has elected to perform an Environmental Improvement Project approved by DNREC. The project consists of shoreline stabilization activities at the nearby Fort DuPont complex.

Both settlement agreements can be found on the DNREC website. The DNREC-DCRC agreement to the $100,000 penalty for air violations is at www.dnrec.delaware.gov/Admin/Documents/03-05-18-DNREC-DCRC-settlement-agreement-Air.pdf, and the $118,000 agreement for NPDES permit violations is at www.dnrec.delaware.gov/Admin/Documents/03-05-18-DNREC-DCRC-settlement-agreement-Water.pdf.

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

Vol. 48, No. 48

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DOVER – DNREC Secretary Shawn M. Garvin has issued a Conciliation Order By Consent to Perdue Foods for multiple violations of the company’s National Pollutant Discharge Elimination System (NPDES) permit. The order totals an administrative penalty of $77,300 and an associated $7,601 assessment for expenses associated with the Department’s investigation.

Perdue Foods operates a poultry processing facility in Georgetown and has a wastewater treatment plant onsite to treat the process and sanitary wastewater generated at the facility. Perdue Foods has a NPDES permit that places certain restrictions and limitations on the amount and concentration of various pollutants that may be discharged from the treatment plant to Savannah Ditch.

From May-July 2015, Perdue Foods exceeded the effluent limits found in their NPDES permit on several occasions. Violations included noncompliance with concentration and/or loading limits for ammonia, total nitrogen (a nutrient), and enterococcus bacteria. Effluent violations from the facility added excess volumes of pollutants in the form of nutrients and potentially harmful bacteria to the state’s surface waters, and contributed to the impairment of the state’s waterways.

Perdue took steps to enhance its treatment capability and address the immediate issue of the nutrient-rich effluent, while also working to address the source of the issue. Action taken by the company helped limit the duration and extent of the upset. Perdue has not been in violation of these parameters since then.

To offset a portion of the penalty from DNREC, Perdue has chosen to perform an Environmental Improvement Project in conjunction with The Nature Conservancy, for which the company will convert 39 acres of farmland into forest. This will significantly reduce the loads of nitrogen and phosphorus pollutants going into the Broadkill River from the property to be converted.

The penalty order can be found on the DNREC website at http://www.dnrec.delaware.gov/Info/Pages/SecOrders_Enforcement.aspx.

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

Vol. 48, No. 45

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