Dover – Delaware’s Department of Natural Resources and Environmental Control (DNREC) and Perdue AgriRecycle, LLC (Perdue) have entered into a settlement agreement that resolves environmental violations arising from operations under Composting Permit SW-18/03, DNREC Secretary Shawn M. Garvin announced today. Under this permit, Perdue operates a composting facility in Seaford using agricultural wastes and residues from their operations as feedstock for the company’s compost production.

Perdue’s permit requires quarterly reporting of analytical testing of compost batches to ensure that it is fit to be sold. Issues arose from lab reports being provided in a piecemeal manner to DNREC. Additionally, the reports were missing key data points, and DNREC’s Division of Waste & Hazardous Substances questioned the compost batch samples and their chain-of-custody. Chain-of-custody helps to make sure a sample is handled in such a way as to maintain quality control and prevents introducing potential contamination into the process of moving the sample from the field to the lab.

In addition to the piecemeal data reporting, there were other instances where incorrect data was provided to DNREC as part of Perdue’s quarterly reporting process. In these instances, subsequent review of data showed that the material in question exceeded allowable levels of chemicals including chromium VI and fecal bacteria.

The settlement agreement directs Perdue to change how they are reporting as well as to clarify how reports will be provided to DNREC. Additionally, it focuses on ensuring that the quality of finished product is high and conforms to the standards within Permit SW-18/03 and that “unfinished” product will no longer be distributed by Perdue AgriRecycle, LLC.

Through the settlement agreement, DNREC Secretary Garvin issued an Administrative Penalty to Perdue AgriRecycle, LLC for the violations of Delaware’s Regulations Governing Solid Waste. The Settlement Agreement assesses a penalty of $179,429, which includes $4,429 from Perdue AgriRecycle, LLC for DNREC cost recovery. Perdue has accepted obligations set forth by DNREC and agreed to corrective actions required by the Department.

The settlement agreement can be found on the DNREC website at dnrec.alpha.delaware.gov/secretarys-orders/.

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

GEORGETOWN – Following an investigation into a complaint of illegal dumping on Hastings Farm Road in Georgetown, Natural Resources Police Officers with DNREC’s Environmental Crimes Unit arrested a Laurel man Nov. 28 for illegal dumping of refuse.While on patrol, officers observed approximately six bags of household garbage dumped on the side of the roadway.

Robert A. Young Jr., 35, of Laurel, was charged with one count of causing or contributing to the disposal or discharge of solid waste materials. The charge carries a minimum fine of $500.

Young was arraigned at Justice of the Peace Court 3 in Georgetown, where he plead guilty to one count of illegal dumping. He was ordered to pick up the trash and issued a $500 fine.

Residents can report illegal trash dumping to DNREC’s Natural Resources Police Environmental Crimes Unit by calling the 24-hour environmental complaints line at 800-662-8802.

Media contact: Joanna Wilson, DNREC Public Affairs, 302-739-9902.

Vol. 48, No. 327

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DNREC Fish & Wildlife Natural Resources Police urge reporting violators

KENT COUNTY – DNREC Fish & Wildlife Natural Resources Police concluded multiple investigations into illegal trash dumping on state wildlife areas with the recent arrests of two downstate men in separate incidents.

On Feb. 18, Ibis A. Ayala, 33, of Dover, was charged with four counts of causing or contributing to the disposal or discharge of solid waste on the Division of Fish & Wildlife-owned Woodland Beach Wildlife Area near Smyrna and one count of driving with a suspended or revoked license.

Ayala had previously been issued a criminal summons by Fish & Wildlife Natural Resources Police on Feb. 9, 2018 for one count of causing or contributing to the disposal or discharge of solid waste on a different Fish & Wildlife-owned property in Kent County.

Ayala was arraigned at Justice of the Peace Court 7 in Dover, where he pled guilty, was fined $652, including court costs, and was released.

On Feb. 22, William H. Cloak III, 41, of Felton, was charged with one count of causing or contributing to the disposal or discharge of solid waste on the Fish & Wildlife-owned Norman G. Wilder Wildlife Area near Felton.

Cloak was arraigned at the Justice of the Peace Court 7 in Dover, where he was released on a $500 unsecured bond, pending a future court appearance after transferring his case to the Court of Common Pleas.

Dumping trash on state wildlife areas is an environmental crime. Delaware Fish & Wildlife Natural Resources Police encourage residents and visitors to report violations. Calls can be made anonymously, to 1-800-523-3336.

Follow Fish & Wildlife Natural Resources Police on Facebook, www.facebook.com/pages/Delaware-Fish-Wildlife-Natural-Resources-Police.

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

Vol. 48, No. 40

Contact: Sgt. Brooke Africa, Fish & Wildlife Natural Resources Police, 302-382-7167, or Joanna Wilson, DNREC Public Affairs, 302-739-9902

DOVER – Department of Natural Resources and Environmental Control Secretary Shawn M. Garvin has issued a cease and desist order to Anderson’s Recycling, Inc. for violations of Delaware’s laws and regulations governing solid waste related to the transportation and management of scrap tires. The DNREC order prohibits Anderson’s from transporting or accepting scrap tires for a period of 30 days.

Anderson’s Recycling, Inc. owns and operates a scrap tire transportation, transfer and storage business at 9320 Old Race Track Road in Delmar. All scrap tire businesses in the state became subject to full regulation by DNREC’s Solid and Hazardous Waste Management Section (SHWMS) on April 19, 2017, which was the regulatory deadline for submission of all required notification and permit applications to SHWMS for scrap tire operations.

In 2016 and early 2017, DNREC’s SHWMS conducted three mailings of informational materials and offered multiple trainings to scrap tire facility operators in the state, including Anderson’s Recycling, Inc., to assist with regulatory compliance.

Having not received any of the required permit applications from Anderson’s, DNREC attempted to conduct a site assessment of the scrap tire facility. But after SHWMS was unable to access the site, and the company failed to return calls or communicate by other means with DNREC, an investigation by SHWMS determined that Anderson’s was transporting and accepting scrap tires for transfer and storage at its Delmar facility without having achieved compliance with Delaware’s Regulations Governing Solid Waste, Sections 7 & 12, addressing scrap tire transportation and scrap tire facilities, respectively.

Anderson’s has 20 days to appeal the order, which requires that DNREC be given site access and that Anderson’s must submit a closure plan for the facility.

The cease and desist Secretary’s order can be found on the DNREC website.

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

DOVER – DNREC’s Solid and Hazardous Waste Management Section will hold a public hearing Monday, April 25 for comment on proposed modifications to Section 12 of Delaware’s Regulations Governing Solid Waste. Current regulations require all businesses operating a scrap tire facility to obtain a permit, and includes payment of an annual permit fee. The public hearing will start at 6 p.m. in the DNREC Auditorium inside the Richardson & Robbins Building, 89 Kings Highway, Dover, DE 19901.

The proposed amendments for the Scrap Tire Management Program would allow businesses whose only storage of scrap tires is in fully-enclosed trailers to operate without a permit – provided that certain criteria, including notifying DNREC of their scrap tire storage space, are met and maintained to ensure protection of human health and the environment.

Additionally, the proposed amendments will make corrections to and better clarify the current scrap tire management regulations. The proposed amendments can be found on the DNREC website at dnrec.delaware.gov/Info/Pages/Rules.aspx

The public may also view the proposed amendments Monday through Friday from 8 a.m. – 4 p.m. at DNREC’s main offices located at 89 Kings Highway, Dover, DE 19901.

To make an appointment to review the amendments, to register for handout materials at the April 25 public hearing, or for additional information about scrap tire management in Delaware, please contact Andy Martin, DNREC Solid & Hazardous Waste Management Section, 302-739-9403, Option 8.

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

Vol. 46, No. 137