DOVER – Department of Natural Resources and Environmental Control Secretary Shawn M. Garvin has issued a Notice of Administrative Penalty and Secretary’s Order to the DuPont Experimental Station for violations of Delaware’s laws and regulations governing hazardous waste, with DuPont ordered to pay a penalty of $53,600 along with $3,350 in cost recovery for the Department’s investigation.

DuPont operates the Experimental Station, a research and development facility, at 200 Powder Mill Road in Wilmington. Components of the facility include a hazardous waste incinerator and hazardous waste storage pads. As a result of its operations, the DuPont Experimental Station is classified as a large-quantity generator of hazardous waste and a permitted storage facility.

On May 16, 2017, representatives from DNREC’s Division of Waste & Hazardous Substances conducted a compliance assessment at the DuPont Experimental Station. The assessment identified two violations of Delaware’s Regulations Governing Hazardous Waste, including storing waste over the one-year storage limit and failing to properly identify hazardous waste. The waste identified during the May assessment was generated by Chemours, but was received by DuPont and stored on DuPont’s permitted storage pads. As such, the waste was in DuPont’s possession and compliance responsibilities remain with DuPont.

On July 11, 2017, DNREC representatives conducted a second compliance assessment at the facility. This assessment identified a third violation of storing hazardous waste in excess of the one-year storage limit. The waste identified in the July assessment was generated by DuPont and was stored on DuPont’s permitted storage pads.

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

DuPont has 30 days to appeal the Order.

Vol. 48, No. 17

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

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DOVER – DNREC Secretary David Small has issued a cease and desist order to Heritage-Crystal Clean, LLC for violations of Delaware’s laws and regulations governing hazardous waste management.

Heritage-Crystal Clean, LLC (HCC) owns and operates a used oil recycling facility located at 505 South Market Street in Wilmington that previously did business as International Petroleum Corp. (IPC) of Delaware.

On Feb. 21, HCC shipped a load of waste generated from the company’s cleaning of onsite tanks for subsequent processing (solidification) and offsite treatment. During transport, some of the waste material was released from the vehicle carrying it and spilled onto Pennsylvania roadways. Pennsylvania state officials are investigating that release.

An investigation by DNREC’s Solid & Hazardous Waste Management Section has determined that, based on analytical data provided by HCC, the leaking container (vacuum box V-414) and six other containers exceeded the regulatory limit for total organic halogens. Delaware’s hazardous waste regulations include a provision that presumes any used oil exceeding the regulatory limit for total organic halogens is hazardous waste. Additionally, company data revealed that HCC’s vacuum box V-414 contained waste that exceeded the regulatory limit for benzene, thus characterizing the transported material as hazardous waste.

Based on that information, HCC failed to make an accurate hazardous waste determination and failed to utilize a hazardous waste manifest for the shipments. The cease and desist order requires that HCC immediately cease operations involving emptying and cleaning out onsite tanks. The order also requires HCC to submit a plan describing how the contents of remaining onsite tanks will be sampled and analyzed to ensure accurate hazardous waste determinations are made prior to shipping them offsite.

HCC pled guilty on behalf of IPC in US District Court in Wilmington Feb. 2 to environmental crimes, including failing to properly characterize waste generated from the cleanout of onsite tanks and failing to utilize a hazardous waste manifest for those shipments. HCC’s guilty plea for environmental crimes resulted in the company’s being sentenced to pay $1.3 million in fines to the federal government and make $2.2 million in restitution to the City of Wilmington.

The cease and desist order can be found on DNREC’s website at http://www.dnrec.delaware.gov/Info/Pages/SecOrders_Enforcement.aspx.

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

Vol. 47, No. 57

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