Civic League For New Castle County Meeting - Coastal Zone Industrial Control Board Review - Set For 7PM Tuesday In Christiana

Civic League For New Castle County Meeting

Date: Tuesday, February 20th , 2018  

Time:   7:00 - 9:00 p.m. 

Location: Christiana Presbyterian Church
15 North Old Baltimore Pike
Christiana, DE 19702 

Upcoming Meetings of Note

WILMAPCO and DELDOT Transportation Public Workshop
Monday, February 26, 2018, 4-7 pm
Newark Free Library, 750 Library Avenue, Newark, Delaware 19711 

Delaware United Public Meeting and Legislators' Forum
Sunday, February 25, 2018, 2:30-5pm
UUFN, 420 Willa Road, Newark, DE 19711 

NCC Department of Land Use Community Open House 

March 1, 2018 from 5-7 pm in the James H. Gilliam Multipurpose Room located at 67 Reads Way in New Castle, at which time the Department will present:

• A general overview about updating the NCC 2012 Comprehensive Plan  

• Updates to the Unified Development Code: Part II (Process and Site Design)

• A follow-up discussion regarding transportation capacity 

• A general overview about updating the NCC 2012 Comprehensive Plan 

• Updates to the Unified Development Code: Part II (Process and Site Design) 

• A follow-up discussion regarding transportation capacity  

*Please note: This event is open to the public but space is limited. If you plan on attending, please register via Eventbrite by February 27, 2018 by clicking here: https://tinyurl.com/yaszkjox  

County Civic Umbrella Group Meeting Report 

County Executive Meyer held a Quarterly Civic Umbrella Meeting on Monday, January 22nd with many CLNCC members attending. The public benefits from meeting as one group and hearing concerns brought by all constituents. 

Mr. Meyer is still considering names for Planning Board Chair as that position remains open and the Board is two members short. 

One bright note: after calling attention to the Department of Land Use current practice of bringing plans forward to the Planning Board without a traffic impact study, DLU GM Rich Hall agreed to revisit the change made in the code under Paul Clark that allows this unfair practice. Citizens pointed out that the Supreme Court ruling on Barley Mill Plaza speaks directly to this mischief. 

There are several controversial development applications in play that absolutely require a TIS to be
included in deliberations. 

DNREC consultant stumbles on legal details in its Draft CZCPA Process Recommendations Report 

By Vic Singer 

The Coastal Zone Conversion Permit Act, CZCPA, was enacted as HB 190 last June by the General Assembly to modify Delaware's renowned Coastal Zone Act by enabling previously forbidden heavy industry activities on fourteen designated sites within the Coastal Zone. DNREC is required to prepare new regulations to guide the new activities. DNREC engaged the Consensus Building Institute, CBI, to recommend, initially, how to organize a Regulatory Advisory Committee, RAC, to support development of the new regulations. 

CBI undertook individual private interviews with people selected by CBI or DNREC to gather suggestions. After a public outcry objecting to the conduct of public business in private meetings with people with wallet-based interests, CBI conducted further private interviews with others who asked for the opportunity, and DNREC hastily held two public meetings with constrained agendas. 

On December 22, CBI released a draft "Process Recommendation Report" and asked for written comments
by January 19, 2018. Vic Singer submitted comments, repeated below between lines of ~~~~, supplementing his verbal and written comments during an interview some months earlier at Buena Vista with a CBI employee, without repeating them. 

CBI's thirteen recommendations implicitly reflect the notion that DNREC's Secretary holds exclusive
authority to establish how to revise Delaware's Coastal Zone Regulation to reflect no less than the newly
legislated requirements of the Coastal Zone Conversion Permit Act (CZCPA) -- HB 190 enacted in the 2017
session of the General Assembly. In an introductory "Background" statement, the DNREC Secretary's role
is to be aided and abetted by a Regulatory Advisory Committee -- RAC -- that DNREC is to lead. The
charge for the RAC is to "support its [ i.e., DNREC's ] development of new regulations." 

Recommendation #1 urges the RAC to deal only with features reflecting the CZCPA, and not with other provisions needful of attention. Recommendations #2 thru #6 urge the DNREC Secretary to categorize RAC membership, establish membership qualification and/or disqualification criteria, to allow or disallow the RAC to form subcommittees whenever it so chooses, Recommendation #7 and #8 urge the DNREC
Secretary and/or the RAC to TRY to reach out to the larger community. 

Recommendation #9 urges the DNREC Secretary to give direction to the RAC to draft "detailed prescriptive guidance" for DNREC's staff to prepare actual regulations, which the RAC might -- or might not -- be allowed to review and critique. Recommendations #10 thru #13 involve RAC's work plan, work schedule and procedures, all under DNREC control. 

Clearly, CBI judges that the DNREC Secretary and the Department he heads are totally in control. Whether or not that's consistent with the legislative intent deserves careful attention to the words enacted by the General Assembly. 

The CZCPA was written as an addition to Delaware's Coastal Zone Act, CZA, to enable some previously
prohibited activities and to preserve other prohibitions. That is reflected in the engrossed version of the
CZA available on the internet at http://test.delcode.delaware.gov/title7/c070/index.html. 

Except for changes to accommodate newly permissible activities, the provisions of 7 Del. C. Section 7005
"Administration of this chapter" are preserved as they were prior to HB 190. Under Subsection 7005(b), the DNREC Secretary is authorized to issue regulations which do not have the force of law unless approved by the Coastal Zone Industrial Control Board, CZICB. And under Subsection 7005(c) the DNREC Secretary is required to develop and propose a comprehensive plan and guidelines for conversion permits which become binding regulations upon adoption by the CZICB after public hearing. And under Subsection 7005(d), DNREC and all other agencies of state government must assist the CZICB in developing policies and procedures and must provide all information that the CZICB may require. 

Broadly interpreted, the General Assembly gave to the CZICB the authority to alter any part of or the entirety of any comprehensive plan or regulation proposed by DNREC and/or its Secretary at any time that the CZICB chooses to do so. 

Yet the thirteen CBI recommendations do not mention any role for the CZICB in any part of the process for developing regulatory controls over newly authorized activities in the Coastal Zone. The thirteen CBI recommendations presuppose that the RAC will be totally controlled by DNREC and/or its Secretary, that effectively the RAC will be a puppet on the Secretary's strings. But the legislative intent according to the words of the CZA and the CZCPA enacted by the General Assembly is that for the Coastal Zone, DNREC and/or its Secretary are to be totally controlled by the CZICB, effectively puppets on CZICB's strings. 

Clearly, CBI knows that its clients are the DNREC Secretary and DNREC, and that the clients want to be in
total control despite what the law says. Indeed, recent history mutely demonstrates that the CZICB's overwhelming desire is to go along to get along, i.e., to be a puppet on DNREC's string. A notable recent demonstration of that, is the CZICB's refusal to hear an appeal on a CZ permit on the premise that the appellant didn't qualify for "standing" even though Section 7 Del. C. 7007(b) gives standing to "any person aggrieved by a final decision of the Secretary" and the Section 7 Del. C. 7002(h) definition of "person" as "any individual or group of individuals . . . or any other legal entity." 

Since the CZICB would appear to be puppets on DNREC's or its Secretary's string, seeking CZICB's approval for proceeding according to the CBI recommendations might seem a mere formality. Exploring whether or not the CZICB would need to hold a public hearing before endorsing the CBI recommendations is an issue better explored at the outset than at the end of the process. 

CBI needs to add to its final recommendation report an epilogue that it gives at least lip service to the statutory authority of the CZICB along with an explanation for why that wasn't recognized in its draft report. CBI needs to demonstrate that it has read AND UNDERSTOOD both the CZCPA and the CZA in order to make its work product worthy of respect. 

*Vic transmitted his comments electronically at 1:09 pm Jan 19, and DNREC acknowledged receipt at 2:22 pm. Coincidentally, at 1:22 pm on Jan 19, 13 minutes after Vic's electronic transmission, the Delaware Superior Court "EFiled" its disposition of the Appeal from the CZICB's denial of standing in the case that Vic cited to demonstrate that the CZICB is a puppet on DNREC's or its Secretary's string. The court's disposition: after citing the CZA provision on standing, remand to the CZICB for re consideration.

Read Bill Dunn's Delaware Voice article HERE and HERE - Let Community Experts into Coastal Zone Act  Process

Send us your storiesWhat is important to you? Do you have an issue in your community that needs to be addressed? We want to hear from you, our loyal members. Let us know how we can help!

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CLNCC County Comments

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Become a CLNCC Member

CLNCC Contact Info: 

President Jordyn Pusey President@CivicLeagueforNCC.Org (302) 388-1101 

Vice President Bill Dunn bill_done@msn.com (302) 994-9334  

Vice President Nancy Willing nancyvwilling@yahoo.com (302) 294-1939 

Treasurer Scot Sauer treasurer@civicleagueforncc.org (302) 996-9075 

Secretary Barry Shotwell cnb.shotwell@yahoo.com (302) 584-2242

CLNCC Monthly Meeting Set For 7PM Tuesday, January 16th In Christiana

Civic League For New Castle County Meeting 

Date:  

Tuesday, January 16, 2018  

Time: 

7 - 9 p.m. 

Location:  

Christiana Presbyterian Church, 

15 North Old Baltimore Pike
Christiana, DE 19702 

- General Membership Meeting 

Click here to view CLNCC County Comments Click here to  Become a CLNCC Member

Petition DNREC To Regulate Sandblasting of Surfaces Containing Lead or Other Toxic Metals on Outdoor Structures in Delaware

Civic League Board member Sara Bucic is currently circulating a petition which follows up on the Civic League for New Castle County's resolution from April 2017 regarding the Sandblasting of Surfaces Containing Lead or Other Toxic Metals on Outdoor Structures in Delaware. If you haven't yet signed it, please consider signing it HERE.

Read more about Lead Hazards in Delaware in Sarah Bucic's News Journal Op-Eds from April, The lead exemption loophole that DNREC must fix and September Lead paint sandblasting on water towers remains an environmental hazard. 

In this petition, citizens are urging Secretary Garvin to follow through with promised regulatory reform from his October response ~ DNREC chief: We're taking action on lead paint sandblasting

First, I thank Sarah Bucic, RN, for her vigilance in advocating for the environment and public health and safety from potential toxic lead contamination as a result of dry abrasive blasting of lead-based paint from water towers.

After documenting that lead paint chips fell near her home, Ms. Bucic brought the issue to my attention when I became DNREC secretary earlier this year and to the public’s attention in a recent News Journal “Delaware Voice” op-ed. 

Lead is a neurotoxin, which means exposure to high levels of it, either through inhalation or ingestion, can cause damage to the brain and kidneys. As nurse Bucic reminds us, lead exposure for children is of particular concern, since even at lower levels of exposure, lead can permanently affect a child’s mental and physical growth.

Historically, the Department of Natural Resources and Environmental Control’s regulations exempted dry abrasive blasting and painting of water towers. 

But this past spring, the department took steps to clarify our expectation for containment of lead during dry abrasive blasting by water tank owners. We moved to reach agreement with the tank owners on steps that they would take immediately on a voluntary basis.

DNREC developed and vetted with the industry an approach of “principles and commitments” to properly manage blasting activities to ensure no lead or other materials would enter the environment – and that, should a release occur, a prepared response plan would be implemented. The approach included an expectation for a public notification to nearby residents 30 days prior to the activity.

More recently, DNREC has embarked on developing a general permit spearheaded by the Division of Air Quality to include the measures identified in the “principles and commitments” as well as further strengthening the public participation process and DNREC oversight. The general permit will provide clear direction on what is required if you are engaged in dry abrasive blasting of water towers.

The department intends to begin developing the permit process this month and to revise the regulation that currently provides an exemption for dry-abrasive blasting activities by mid-2018. DNREC considers these actions to be appropriate and responsible, given what has long been known about the dangers of lead in the environment and the harm it can cause.

The department also recognizes there are still many challenges as we continue to protect our public health and our environment, and we know that it will take all of our collective efforts to meet those challenges.

The largest source of potential lead exposure is in homes constructed before 1978. To learn more about lead abatement strategies, please visit www.LeadSafeDelaware.org or call the Public Health Healthy Homes and Lead Poisoning Prevention Program at (302) 744-4546, ext. 4.

Shawn M. Garvin is secretary of the Delaware Department of Natural Resources and Environmental Control.

And read Green Delaware’s action alert on the sandblasting petition ~ Sign on to anti-lead-poisoning petition/letter

Back to lead poisoning.  There is no safe level of lead exposure.  It dumbs us down..........In September we urged support for an effort lead by Sarah Bucic, calling on the Delaware DNREC to establish stronger regulations.  See Protect Delawareans from lead poisoning and her op-ed in the Wilmington News Journal.

Coastal Zone Act changes need more public input

A Delaware Voice Op-Ed by Jordyn Pusey, President Civic League for New Castle County

Coastal Zone Act changes need more public input: Delaware Voice

In June of this year, the Coastal Zone Conversion Permit Act (HB 190) was introduced before the General Assembly. Many groups, including the Civic League for New Castle County, had bemoaned the lack of outreach to civic groups, environmental groups, and especially “fenceline” communities that will be most affected by any changes to the Coastal Zone Act regulations.

The appearance of this legislation, the process behind its formulation, and the speed in which it went from introduction to approval seemed to cater to special interests and industry insiders, at the expense of a fully transparent and public process. At that time, groups were assured by the bill’s sponsors and other proponents that the public would have the opportunity for input during the promulgation of regulations.

When the Department of Natural Resources and Environmental Control (DNREC) Secretary Shawn M. Garvin signed the Start Action Notice for the regulatory process in late September, he was quoted as saying that “DNREC is committed to developing the regulations governing Delaware’s Coastal Zone Act Conversion Permit in a transparent manner that facilitates and encourages public input and involvement” and that “in order to ensure a wide representation, the Regulatory Advisory Committee will be composed of stakeholders including regulated parties, large and small businesses, organized labor, communities, conservation and environmental organizations, regional and local government, and other affected persons.”

The Critical Needs Assessment notes that “DNREC shall begin the Public Workshop process no later than October 1, 2017” and that failure to meet certain deadlines would “have political consequences and likely erode the public trust.”

By some twist of logic, the promised public workshops morphed into “confidential, stakeholder interviews” with a third party: the Consensus Building Institute. These interviews were conducted with 25 different individuals and groups identified by DNREC as “stakeholders” and took place towards the end of October.

Not one member of a community or civic group was initially invited to participate. DNREC did eventually invite the Civic League to participate, and despite our deep concerns over the opaque process, we agreed. We strongly encouraged that finding consensus must be an inclusive, open process for all stakeholders.  

Where does that leave fenceline communities? They are not being truly included in the public process, and are consigned to live with the environmental and health implications of legacy pollution and potential new heavy industrial pollution.

It is troubling that community leaders and residents have not been deemed valuable enough by a state agency to share their experiences, goals, and concerns about changes to the Coastal Zone Act and how those changes will directly impact their communities.

DNREC scheduled two "public workshops" this week. While we encouraged people to attend so that their voices were heard, holding two “public workshops” on short notice is wholly insufficient.

Public workshops are not public hearings. They are not necessarily part of any formal record. Giving two weeks notice of workshops held the week after Thanksgiving does not allow for the public to engage on a meaningful level about regulations that can potentially impact their lives in very serious ways.

If our leaders truly value a public, transparent process, then DNREC needs to immediately change course and call for at least four public hearings prior to the formation of the Regulatory Advisory Committee. Residents from neighboring communities should ultimately serve on the RAC. These workshops should be held in the areas of Claymont, Southbridge, the Route 9 Corridor, and Delaware City. They should be held at a convenient time, so that working citizens can attend, and in locations that are accessible to public transit and pedestrians.

Public trust is eroding steadily. Claims of valuing transparency and open government mean nothing if actions do not match words. Please call your legislators to request this process be as open and inclusive as possible. We must start valuing the opinions of all of our citizens and making the necessary accommodations to reach out and bring groups together for the benefit of all. It’s never too late to do the right thing. 

Coastal Zone Regulations Workshops: 6-8PM November 29th In Wilmington; November 30th In Delaware City

TWO DNREC workshops have been set for Coastal Zone Regulations - public information meetings:

6 - 8  p.m. Wednesday, November 29th At the Kingswood Community Center, 2300 Bowers St., Wilmington, DE 19802.

6 - 8 p.m. Thursday, November 30th In Delaware City at the Fire Hall, 815 5th St, Delaware City, DE 19706.

From the Delaware Public Meeting Calendar:

This workshop will provide the public with an opportunity to hear a brief presentation about Coastal Zone Conversion Permits and to provide input to DNREC about the development of regulations for Conversion Permits.

DNREC Contact info for questions: 

Brittany Klecan, 302-735-3480 email brittany.klecan@state.de.us

Click on the links below for more information -
DNREC: Coastal Zone Conversion Permits

Start Action Notice 2017-17 

The Delaware Coastal Zone Conversion Permit Act (81 Del. Laws, c. 120) 

The Delaware Coastal Zone Act (7 Del.C. Chapter 70) 

Regulations Governing Delaware’s Coastal Zone (7 DE Admin Code 101) 

Remediation Status Baseline Report on Existing Heavy Industry Use Sites 

Signed CBI/DNREC Professional Services Contract

Questions and answers about the stakeholder interview process 

A Map of the Delaware Coastal Zone 

The Coastal Zone Act Program

CLNCC Monthly Meeting Set For 7PM Tuesday, November 21st In Christiana

CLNCC Meeting

Date: Tuesday, November 21, 2017 
Time:   7:00 - 9:00 p.m.
Location: Christiana Presbyterian Church
15 North Old Baltimore Pike
Christiana, DE 19702 

Agenda 

•  John Morgan, DelCOG advocacy efforts 

•  Civic League Participation in Coastal Zone Modification “Stakeholder Interview” 

•  Change Campaign with Network DE on including impacted communities in the stakeholder process Update on Lead Paint Sandblasting Regulations- Sign On Letter, Sarah Bucic 

•  Update on Boxwood Plant- Environmental Issues and Site Plans 

• - County LOS Presentation Takeaways 

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CLNCC County Comments

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Become a CLNCC Member  

Updated: Civic League for New Castle County Monthly Meeting - 7PM Tuesday In Christiana

Update: Tonight's event is closed to the general public

This meeting was reported in error in the October News Letter as open to all --- Boxwood Road GM Plant Update Representatives from Harvey, Hanna and Associates will be unveiling their plan for the former GM facility on Monday, October 23, 2017 from 6:00 to 7:00 pm at: Minquas Fire Hall 21 N. James Street Newport, DE 19804

Civic League for New Castle County

Monthly Meeting

Date: Tuesday, October 17, 2017
Time: 7:00 - 9:00 p.m.
Location: Christiana Presbyterian Church.15 North Old Baltimore Pike Christiana, DE 19702

Read the October Newsletter (PDF HERE:)

• DNREC has announced the initiation of process to develop regulations for Coastal Zone Conversion Permits

• Serious concerns raised over TIS for Delaware National

• Changes to Traditional Neighborhood Housing Proposed 17-094

Updated: Watch Live Today! NCC Land Use Panel Discussion On "The LOS Issue" 4-6PM October 18th In New Castle - RSVP Required

Update: From  New Castle County Government:

Watch a livestream of Wednesday's panel discussion on traffic impact requirements for land development by tuning in right here on facebook at 4 p.m. 

From the New Castle County Department of Land Use ~ 

Discussion on Traffic Impact Requirements for Land Development

4 - 6 p.m. Wednesday, October 18th

Route 9 Library and Innovation Center

3022 New Castle Avenue, New Castle, DE 19720

Panel Discussion on Traffic Impact Requirements for Land Development in New Castle County 

You are invited to join a panel discussion on the topic of Level of Service (LOS) with representatives from New Castle County’s Department of Land Use and the transportation, economic, civic, and engineering communities. 

This meeting will include an overview of the LOS issue and feature a question-and-answer session regarding the LOS regulations in New Castle County and other local governments. 

The meeting will take place on Wednesday, October 18, 2017 from 4:00 to 6:00 p.m. at:
Route 9 Library and Innovation Center3022 New Castle AvenueNew Castle, Delaware 19720(302) 657-8020 

Please note: This event is open to the public but space is limited. If you plan on attending, please RSVP at: https://www.eventbrite.com/e/traffic-impact-requirements-for-land-development-in-ncc-tickets-38440609899?aff=utm_source%3Deb_email%26utm_medium%3Demail%26utm_campaign%3Dnew_event_email&utm_term=eventurl_text  

Additional information may be found on the Department of Land Use website at: www.nccdelu.org

You may also view the Level of Service White Paper.  

We hope to see you there!

• Kid Friendly

Updated: Old Hercules Chemical Station Tract Residential Development Plan Before NCC Planning Board 7PM Tonight In New Castle

Update: From WDEL - Residents oppose a development at a former country club for mainly traffic concerns

This same plan was rejected by the Delaware Supreme Court over the traffic impact. 

Will NCC CE Matt Meyer allow his land use department to throw us under the bus with tricks we're seeing like the reduction of the scope of the impact study with this now-Pettinaro former Toll Brothers project? 

A Canterbury Hills Civic Association Board Director sent this alert: 

I just wanted to make sure you were aware of (and could perhaps post information regarding) Tuesday's Planning Board Public Hearing which will address the Delaware National development, which has been resubmitted in almost entirely identical form to that rejected by the Planning Board two years ago, and which may well be approved this time around.

NCC Planning Board Public Hearing

7 p.m. tonight

James Gilliam Building

77 Read's Way, New Castle, DE 19720

Read the Agenda HERE

App. 2016-0461-S:  South side of Lancaster Pike (SR 48), east side of Hercules Road.  Exploratory Major Land Development Plan and PLUS Review for Delaware National. The plan proposes to consolidate 4 existing parcels and subdivide into 158 single family detached lots and 104 townhouse lots. S (Suburban) zoning district. CD 2 and 3.  

Tonight's meeting will be interesting to say the least. This particular land use residential development application has been subject to many years of going through the paces for concerns over both traffic and environment. 

Under New Castle County Council Executive Matt Meyer, the Land Use Department has significantly reduced the scope of the traffic impact study for this plan now submitted by Pettinaro, a point which has been under fierce contention since the December 5, 2016 NCC Scoping Meeting:

August 24, 2017RE: New Castle County Planning Board Public HearingApplication 2016-0461 -- Delaware National 

Dear Members of the Planning Board, 

I am writing to alert you to serious deficiencies in the recently issued Traffic Impact Study (TIS) for Delaware National, the 262-unit residential development proposed for the former Hercules Golf Course. As designed, the traffic study fails to account for over 10,000 vehicles per day. 

The TIS is deeply flawed in 2 respects: 1) traffic from over 1 million square feet of existing but vacant space at AstraZeneca, Experimental Station, Barley Mill Plaza (exclOdyssey School), 4250 Lancaster Pike and Chestnut Run Plaza is unaccounted for; and 2) traffic from committed developments (previously approved but unbuilt space)included in the TIS appears to be seriously underestimated. 

On Item 1 -- vacant space – the issue is that existing vacant space has traffic rights that precede new development. Recent Supreme Court decisions have reaffirmed that available traffic capacity is allocated on a first come/first serve basis. County Code Sec 40.11.130 requires that "Future traffic shall be projected by the inclusion of trip generation from projects with recorded plans...". All existing space has a recorded plan.  Also, consideration of vacant space is recognized as an engineering best practice as evidenced by the testimony of Mr. Brian Keaveney of Pennoni Associates, a leading traffic engineering firm (http://www.umtownship.org/ArchiveCenter/ViewFile/Item/3105). Vacant space is also regularly included in traffic studies nationwide. 

The intent of State and County law, and engineering best practice, seems indisputable  -- projections of future traffic need to include vacant space when material, unless it can be demonstrated that the vacant space has been permanently abandoned. Proceeding with a traffic study that fails to address a known material deficiency is irrational, arbitrary and capricious. Yet over 1 million square feet of vacant office space is currently unaccounted for in this TIS  -- the equivalent of some 8,000 vehicles per day that are missing from the analysis.

As for the argument that "traffic studies haven't considered vacant space in the past", this is a unique situation that can't be ignored -- vacant space is huge, it's nearby and ithas prior traffic rights. 

On item 2 – committed developments – the issue is that traffic from previously approved but unbuilt space needs to be accurately estimated. DuPont Chestnut Run and Little Falls Lots 9,11,10 – several of the committed projects in the TIS -- comprise 778,000 square feet of approved but unbuilt space that will house some 3,000 occupants. Yet the TIS estimates that only about 40% of these office workers will arrive/depart during the peak AM and PM hours. Based on real-world experience along area roads, this appears low by several 1,000 vehicles per day. 

My schedule may prevent me from attending the public hearing and thus I’m providing this testimony in advance. We believe these deficiencies need to be addressed beforeproceeding with this project and respectfully request your leadership and assistance in resolving these critical gaps. 

Sincerely,Tom Dewson10 Squirrel RunWilmington, DE 19807302-383-4771 

cc: Senator Gregory LavelleSenator Anthony DelcolloRepresentative Deborah HudsonRepresentative Gerald Brady

Also, this specific parcel was the site of Hercules Experimental Station (where they developed Agent Orange) which added to residents' concerns about the contaminants from golf course pesticides over the rest of the old Hercules Golf Course acreage:

State of Delaware Environmental Appeals Board (EAB) Appeal 2012-07 filed by Milltown Limestone Civic Alliance on Secretary's Order 2012-A-0009 approving the Final Plan of Remedial Action for Hercules Road and Lancaster Pike Site near Wilmington, New Castle County (DNREC Project No. DE-1492) dated March 22,2012.

Also see ~

2017 Updated: Former Hercules Golf Course Development Plan Public Meeting Set For 7PM Thursday At A.I. DuPont High School 

2017 MLCA Statement to DNREC at Public Meeting

2009 Lawsuits against Toll Brothers’ Greenville Overlook development dismissed

2010 Pettinaro to develop Delaware National Country Club

2010 Residents sound off on proposed golf course development

2011 Environmental Issues disregarded by DNREC - CLNCC

2014 Toll Brothers' Appeal Of County-Denied Traffic Impact Study Is Set For 6PM Thursday - NCC Board Of Adjustment

2016 Ruling affirms New Castle County power to block sprawl 

2016 Mill Creek developer takes county traffic rules to court 

2016 Push to redevelop old Hercules golf course begins anew 

2016 Supreme Court: County can make developers improve traffic

City Of Newark To Consider Water Tower Maintenance Best Practices Recommendations 7PM Tonight

There were some gruesome headlines about the dangers of ingesting lead in the news this week: Study: Flint water killed unborn babies; many moms who drank it couldn't get pregnant

The dangers of lead paint poisoning are well known but Delaware is behind the curve when it comes to best practices for and protection of the public from exposure to possible ingestion of lead paint from water towers and other outdoor structures as a result of sandblasting.

Members of the Civic League will be attending the Newark Council meeting tonight to show support for the recommendation of the Conservation Advisory Commission. It's item 6 B. Water Tower Maintenance Best Practices Recommendations on the City of Newark's Agenda.

Nick Wasileski will read into the record the Civic League for New Castle County resolution: Sandblasting of Surfaces Containing Lead or Other Toxic Metals on Outdoor Structures in Delaware. Read the resolution HERE

And in case you missed it, here is Civic League's Sarah Bucic's Delaware Voice piece, published in this Sunday's paper ~ Lead paint sandblasting on water towers remains an environmental hazard: Delaware Voice

According to the Environmental Protection Agency, lead can affect almost every organ and system in your body. Lead is so dangerous that it has been banned in gasoline and indoor paint. 

However, Delaware residents continue to remain unprotected by the Department of Natural Resources and Environmental Control, which does not prevent lead contamination of surrounding communities during sandblasting of water towers.  

DNREC’s “lead loophole” prevents permitting and state oversight during sandblasting of water towers or any outdoor structure. Communities in Delaware have already experienced the impacts.  

I discovered this loophole last year when a Suez water employee knocked on my door to tell me workers were sandblasting a water tank directly next to my home. When I asked the employee if the paint contained lead, he said it did — and that nobody had asked him that before. 

Utilizing the Freedom of Information Act, a 2016 incident in Newark where containment was breached has been discovered. Lead chips, dust and grit were widely spread in at least one residential yard during water tower sandblasting.

Soil remediation has yet to be performed, even though it has been more than a year. We also learned that DNREC was never notified that hazardous materials were released onto a residential property. 

While the secretary of DNREC has been made aware of this situation, DNREC continues to defer any decision on how they will proceed with state oversight over water tower sandblasting. As a result, private companies and municipalities can contaminate your yard without ever having to tell you what occurred, what health hazards your family may be facing or any impact on property values. 

Back in April, Secretary Shawn Garvin promised that in the least, a best-practices model would be implemented by the end of June and community notification guidelines regarding sandblasting of lead structures would be initiated. Now, nearly three months later, DNREC has become silent on the issue. 

The situation in Newark has revealed a worst-case scenario and why we need permitting for these projects. In June, upon learning about the problem of lead paint sandblasting in 2016 and the lead release into a residential yard, the city of Newark’s Conservation Advisory Commission recommended to Newark City Council that they expand notification requirements of projects that handle lead and explain the risks of lead paint exposure. The CAC also recommended that DNREC take on the regulation of water tower refurbishment to ensure protection of public health.

Now that DNREC is aware of the lead release in Newark in 2016, the agency should be taking action to ensure that the cleanup of the residential property is conducted in a manner that is thorough and that reduces any future potential for exposure. 

Other states, such as Minnesota, are able to better manage the risks of sandblasting water towers that contain lead paint. Minnesota requires public notification of lead paint removal within a perimeter surrounding all water towers. They also provide families with actions they can take to protect themselves thus minimizing health risk. Minnesota also has additional requirements for lead paint removal near schools and day care facilities 

DNREC, at the very least, should be able to initiate a process that describes how they will take action to protect Delaware’s children from exposure to lead paint chips, grit and dust. This process should include permitting and regulatory oversight, community notification requirements, and health and safety plans to ensure the protection of public health. Containment measures, transportation and disposal of hazardous waste, along with air pollution monitoring are bare minimum measures to protect public health. 

In the coming weeks, the city of Newark will be reviewing its own procedures for sandblasting lead paint. With two new lead paint sandblasting projects on water towers in the near future (Scottfield and Arbour Park), this discussion may prevent a repeat of the 2016 release into a neighboring yard. However, with over 160 water towers in the state, this is an issue that affects Delawareans in all three counties. 

We were able to access information about the Newark water towers because it is a municipal government, but many of the state’s water towers are privately owned. 

If you live in Newark, you can contact your city council member and ask that steps be taken to prevent lead exposure. Garvin, the secretary of DNREC, should also be interested in your concerns about the oversight of lead paint sandblasting in Delaware’s communities. 

Sarah Bucic, a Wilmington resident, has been a registered nurse since 2001 and has a master’s degree from the University of Pennsylvania in psychiatric mental health nursing.

CLNCC Monthly Meeting With Lt. Governor Hall-Long - 7PM Tuesday In Christiana

Civic League For New Castle County Monthly Meeting

September 19th, 2017

Time: 7:00 - 9:00 pm

Christiana Presbyterian Church, 

15 North Old Baltimore Pike, Christiana, De 19702

Featured Guest:

Lt. Governor Bethany Hall-Long