CLNCC Public ZOOM Meeting 7PM Tuesday, September 29th - All Welcome!

CLNCC ZOOM Meeting

7 p.m. Tuesday, September 29th

The Civic League for New Castle County is inviting you to a scheduled Zoom meeting. Sep 29, 2020 07:00 – 09:00 PM

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AGENDA

Call to Order

1). Officers Reports 

Treasurer

Secretary

Vice Presidents

President

2). Vic Singer on Churchman’s Crossing Plan

3). October CLNCC Annual Meeting Planning – Election of Officers and Bylaw Amendments 

4). Coralie Pryde on working to defeat the New Jersey LNG Export Facility proposed for Gibbstown

5). New Business 

 

Churchman’s Crossing Study

CLNCC members Bill Dunn, Vic Singer, and Nancy Willing participated in a “Listening Tour” meeting with consultant Andrew Bing and government staff (representing WILMAPCO, NCC Dept. of Land Use, and DelDOT). Barry Shotwell was also contacted by Mr. Bing for a one-on-one informational call. And we all attended the first Public Workshop held online last Wednesday (scroll down for meeting info below).  This study is on the agenda for discussion at our September meeting.

Councilman Carter Proposal for Additional Elements to the NCC Comp Plan: Environmental and Social Justice and Hazard Mitigation - Sierra Club of DE 

Sierra Club of Delaware, IMPORTANT: NCCo meeting on Tuesday re: Carter ordinance 20-101 

Dustyn and I wanted to give a quick update on Councilman Carter's ordinance to, for the first time ever, require that the Comp Plan include sections dedicated to Environmental and Social Justice and Hazard Mitigation. 

There is an important New Castle Co. Executive Committee meeting on Tuesday, 9/22/2020 at 3:00 pm. where this ordinance (20-101) will be considered.  Here is the agenda for the meeting:  https://nccde.org/AgendaCenter/ViewFile/Agenda/_09222020-1986.  

It is important that we support this ordinance through public testimony and letters to urge the council to move this forward quickly.  According to Councilman Carter, even a delay of a few months could result in the path of the comp plan process being set and the issues/elements in 20-101 would not be very prominent, resulting in the status quo as it relates to equity issues. 

We need to demonstrate strong support in New Castle County.  We encourage you, your friends, and other advocates to send letters to councilmembers in support of Carter's ordinance to include environmental and social justice and hazard mitigation in the comp plan: https://actionnetwork.org/letters/include-environmental-social-justice-in-the-new-castle-county-comprehensive-plan-2?clear_id=true&source=direct_link

Please stay tuned for more information.

Thanks.

Sherri and Dustyn

Sherri L. Evans-Stanton, Chapter Director

Delaware Chapter of the Sierra Club 

Note: The Civic League has partnered this year with the Sierra Club and other organizations to monitor and engage in the NCC 2022 Comprehensive Plan process. 

The groups first worked as a team to help our friends on the NCC Council defeat Ord. 20-008 which would partially reverse the “Landfill” Ord. 19-046 and return Heavy Industrial zoned parcels to Use-By-Right status. 

There is now a lawsuit filed by CRODA over HI parcels’ Special Use status and Nancy Willing has filed a FOIA with NCC to determine how much communication may have occurred between the county administration, members of council, and land use attorneys regarding Ord. 19-046 (https://www.nccde.org/DocumentCenter/View/30682/19-046) 

• Sierra Club Delaware Chapter 
• Concerned Residents For Environmental Justice 
• Route Nine Civic Association 
• Dunleith Civic Association 
• Community Benefits Agreement Coalition 
• Claymont Citizens Environmental Group 
• New Castle County Prevention Coalition 
• Civic League for New Castle County

New Jersey LNG Export Facility Approval Delayed

DRBC holds off - for now - moving forward with Delaware River port expansion to transport fracking products

The Delaware River Basin Commission voted Thursday to place on hold a potential port expansion in New Jersey which would create a route for shipping fracking byproduct. The Gibbstown Logistics Center, a multi-use deep water seaport, introduced a plan to construct a wharf 650 feet from the Delaware River shoreline that would include a pair of deep water berths to accommodate the export of liquefied natural gas along the waterway. An administrative appeal was filed seeking a halt to the project, and ultimately, the commission voted to halt the project until all evidence could be more closely reviewed.  

........Support was voiced by DNREC Secretary Shawn Garvin, who said Delaware supports the stay and all of the hard work and "sheer magnitude of information and process that has gone on" by all parties put into making the appeal. "Delaware's looking to finish our thoughtful review of that information, but I want to be clear," Garvin said. "Delaware support for this motion is for us to reasonably complete the process, and should not be read as anything else." The motion passed with only Lt. Col. David Park, of the U.S. Army Corps of Engineers, voting against the motion. Pennsylvania representation abstained. 

During the public comment section of the meeting, the commission found unanimous support for staying the project and pleas for them to ultimately reject what the project might mean for those who utilize or live along the river.  "The league across the country believes that a democracy is best served when we have an informed public," said Coralie Pryde, of the Delaware League of Women Voters. "Delawareans, by and large, have not been very aware of the Gibbstown project. and this gives us a chance to look at it in further detail. So we thank the commission. The league also supports a full ban on fracking and all fracking-related activities." The impacts would have detrimental effects on the food chain, fishing, and marine birds of the Delaware Bay, she said, adding studies show methane gas released from fracking can have effects 500 times as powerful as a greenhouse gas than carbon dioxide. 

Coastal Zone Act Appeal: Refinery Ethanol Marketing Permit Hearing 9AM Next Monday In Dover

(Delaware City Refinery, image unknown)

Coastal Zone Industrial Control Board 

9:00 a.m. Monday, February 27th 

Kent County Administration Building

555 S. Bay Road, Dover, De 19901

From CLNCC past President (1999-2001) Michael McDowell: Important: Coastal Zone Industrial Control Board Appeal Meeting

Pursuant to Section 7007, Title 7 of the code, the board will hold a public hearing on the appeal , challenging the DNREC issuance of Secretary's order 2016 - CZ- 0050 dated December 27, 2016. Public encouraged to attend. Any one attending can make a statement or comment and it will go into the record. Remember - if any permit is issued for either export or import , there must be set asides equal to or greater, there must be insurance against any malfunction due to mechanical or human error in a value to cover any accident and cover any cost of pollution whether its by any transport including rail, pipeline, ship to shore, shore to ship, import or export, which are different activities. 

Meeting date, time, and location: February 27th, 2017 , at 9:00 am, at Kent County Administration Building, 555 S. Bay Road, Dover, De 19901 

In December of 2016, the Secretary of DNREC of the State of Delaware made an interpretation of the Coastal Zone Act concerning an ethanol plant. This is in response to two DNREC interpretations where people can attend a Coastal Zone Industrial Board Public meeting and give verbal as well as written statements concerning their concerns raised by an erroneous interpretation.  

Secretary Small stated in his approval that “….the General Assembly did not intend to doom every existing. …non-conforming use in the coastal zone to extinction by attrition. ..Instead, the legislature clearly expects the Secretary to make a ….judgement call on any proposed expansion. …would contravene legislative intent.” 

Chapter 70. Coastal Zone Act

7001 Purpose  “It is hereby determined  that the coastal areas of Delaware are the most critical areas for the future of the state in terms of the quality of life in the state. …Specifically, this chapter seeks to prohibit entirely the construction of  new heavy industry in coastal areas….Therefore, control of industrial development other than that of heavy industry in the coastal zone of Delaware through a permit system at the state level is called for….It is further determined that offshore bulk product transfer represent a significant danger of pollution for the construction of industrial plants in the coastal zone, which construction is declared to be against public policy. For these reasons, prohibition against bulk product transfer facilities in the coastal zone is deemed imperative.” 

Based upon the section 7001 of Title 70, the legislature’s express purpose of the coastal zone act was and is to prohibit heavy industry expansion and bulk transfer from shore to ship and ship to shore unless grandfathered  in June 28, 1971. 

Where there exist a transfer it must be permitted and there must be set asides to mitigate human error, mechanical problems and possible accidents and pollution relative to air, land, water both on the surface and below surface of the area being managed in a way that assures no negative impact  or manageable environmental concerns and quality of life in Delaware.

Section 7003. Uses absolutely prohibited in the coastal zone. “Heavy industry uses of any kind not in operation on June 28,1971, are prohibited in the coastal zone and no permits may be issued, therefore. …In addition, off shore gas liquid or solid bulk product transfer facilities which are not in operation on June 28, 1971, are prohibited….”

Section 7004 ….”Except for heavy industry uses….manufacturing uses not in existence and in active use on June 28,1971 are allowed in the coastal zone by permit only….”section 7004(b)(1) requires a full environmental impact not only under normal conditions but also during conditions and circumstances following mechanical malfunctions and humor error. 

Consequently, if permitted for either import or export purposes, for a single plant location, there are environmental impacts and set asides and a need to prove sufficient insurance to cover all costs of malfunctions or human error whether its by any transport including rail, pipeline or ship to shore or shore to ship. 

In essence, DNREC and the Secretaries of the Markel administration have consistently failed in their duties according to the code and law. 

Anyone that wants to attend the up and coming public meeting at the Coastal Zone Industrial Board, which based upon code should be between the third week of February and the first or second week of March, can give verbal or written statements as to why the decision is wrong and erroneous based upon code and purpose and intent contrary to Secretary Small’s December 2016 interpretation. 

The Coastal Zone Industrial Board  must accept both and can find that the DNREC interpretation is wrong. Any Delawarean can give verbal and written statements at the public meeting. This is something else where ordinary people can make a difference. You can also support the League of Women Voters in their filed objection as well as anyone else who has a filed protest. Please share and add comments. Attend the meeting if at all possible at 9:00 am on February 27th. 

And from Delaware Way's Nancy Willing ~ 

The problem is that DNREC never creating the measures by which they would objectively judge appropriate environmental offsets. DNREC is now saying they didn't have to and that the Coastal Zone Act authors didn't really intend to say what it is clearly written into the statute. 

Secretary's Order No. 2016-CZ-0050

• RE: Delaware City Refining Company, LLC's Application for a Coastal Zone Act Permit for its Ethanol Marketing Project, at the Delaware City Refinery, 4550 Wrangle Hill Road, New Castle, New Castle County (CZA Permit No. 427P)
• Hearing officer's report and technical response memorandum included

TITLE 7 - CHAPTER 70. COASTAL ZONE ACT

2017 Appeal of Decision to Allow Delaware City Refinery's Ethanol Project

2016 League of Women Voters urges DNREC to stand firm

An erosion of Delaware’s treasured Coastal Zone Act is taking place as we speak, but it may not be too late for redemption. The Department of Natural Resources and Environmental Control (DNREC) Secretary, David Small, can act now with authority and decisiveness to head off a major incursion into the Act’s authority. Let’s explore the background of this unfortunate drama.

Russ Peterson had good reason to prohibit bulk transfer in Delaware’s coastal zone. The first paragraph of the Coastal Zone Act includes this significant line: “…prohibition against bulk product transfer facilities in the coastal zone is deemed imperative.” Why? Because, the law explains, “…offshore bulk product transfer facilities represent a significant danger of pollution to the coastal zone…” One little “oops!” of a bulk product like crude oil and the bay is in for a seriously long recovery period, not to mention millions of dollars in clean-up costs and the loss of fishing and crabbing and recreational opportunities for an indeterminate time.

That’s why the special one-situation-only permit issued by former DNREC Secretary, Collin O’Mara, in 2013 was so unusual, and so remarkably clear in its parameters. O’Mara had said to the Delaware City Refinery (DCR) in his order and the accompanying permit that PBF, the refinery owner, was allowed “to ship up to 45,000 barrels of oil daily from Delaware City to its sister refinery on the Delaware River near Paulsboro,” and then further in the order, “A change in these factors or the use of the facility may result in a different determination.” There’s not a lot of equivocating in these statements.

Called out by a whistle blower after they sent a barge seven miles beyond Paulsboro to a facility with which they were not affiliated, DCR said that they had had some logistical issues which necessitated the bulk transfer and said that it wouldn’t happen again. That apology in itself suggests that they knew they had crossed the line. Each incursion into the Act’s authority should be promptly met with disapproval by DNREC, the department in charge of implementing the Act. The Secretary is obligated to note the infraction on the record and to put the Delaware City Refinery (DCR) on notice that subsequent infractions may be subject to assessment of penalties. This did not happen in this first instance of non-compliance.

Now comes the new disclosure that two additional shipments of several barges each of bulk-transferred oil have made their way up the river from the refinery. DCR appears to have taken a new tack in its approach to its illicit activity: the News Journal reports that letters received by both the Department of Justice and DNREC from the refinery’s spokesperson, John Deemer, say that “the shipment of crude oil from the refinery to locations other than Paulsboro Refinery is not prohibited by any applicable regulatory or permit-based standard.” The NJ report of Dec. 21 reports that refinery officials say that while the order mentions Paulsboro, the actual permit makes no reference to final destinations.  The officials claim that “that distinction gives them the right [to] ship crude anywhere and at any time.”

Because the League of Women Voters of Delaware has supported the CZA from its inception and because transgressions of the act could have dire and possibly irremediable consequences, we urge DNREC’s secretary to stand firmly behind the original O’Mara order which generously allowed bulk transfers of crude oil to its affiliated facility but clearly warned that activity beyond that which was specifically allowed would have to be re-permitted.

Jill Fuchs, President, League of Women Voters of Delaware.

2016 Coastal Zone Act: 'diligence' needed

2016 Business community eyes Coastal Zone Act change

2011 Lewes group questions University of Delaware wind turbine 

2010 Coastal Zone board upholds Wandendale permit

2011 Sierra Club Challenges Coastal Zone Permit for Wandendale Wastewater Treatement Plant

2012 Supreme Court rules in favor of plant

Also see ~ 
PDD YouTube: Discussion on Delaware Coastal Zone Act

2013 Challenge to Red Lion Energy Center “Bloom Boxes” FAIL

2013 Bloom’s Fuel Cells: Just How Green Is a Bloom Box?

2016 Bloom's benzene waste concerned EPA

2016 The truth behind Bloom’s sweet deal

2013 Challenge to air quality permit for a crude oil transfer station at the Delaware City oil refinery on the transfer of crude oil received by train at a new rail facility to barges for shipment to another PBF refinery in Paulsboro, N.J.

2013 DE Way post on bulk transfer decision

2015 DE Supreme Court finds for Defendant FAIL

2005 Crown Landing LLC, BP LNG Terminal SUCCESS