The Coastal Zone Act Program regulates existing heavy industrial activities, as well as new and existing manufacturing activities in Delaware’s Coastal Zone. Certain new activities, such as the bulk transfer of raw materials, are not allowed in the Coastal Zone, which runs the length of the state.
An application for a Coastal Zone Status Decision is necessary if there is question as to whether a proposed activity is considered Heavy Industry, or to determine if the proposed activity is exempt from having to obtain a Coastal Zone Permit. An application for a Coastal Zone Permit is necessary for any new or expanded manufacturing activity that will have an impact on the environment, the economy, the aesthetics or neighboring land uses.
A permitting flow chart tracks the Coastal Zone permitting process. If a project requires other permits from DNREC, the Coastal Zone permit generally takes precedence, although related permit applications may be processed concurrently.
Secretary denies request to lighter oil in Bay
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DOVER (November 16, 2009) – Department of Natural Resources and Environmental Control Secretary Collin P. O’Mara has denied a New York-based shipping company’s request to “lighter” oil in the Delaware Bay.
Bouchard Affiliates of Melville, N.Y., had requested a “status decision” under the Delaware Coastal Zone Act regulations, claiming that the company was conducting lightering operations in the Bay before June 28, 1971, the date the Act became law. Lightering takes place at Big Stone Anchorage off the Kent County coast, and involves transferring oil from ocean-going tankers to smaller barges so the petroleum product can travel up the Bay to refineries.
Only companies that were lightering on that date are grandfathered under the law; otherwise, such activities are prohibited by Delaware’s Coastal Zone Act.
“The Coastal Zone Act explicitly prohibits the establishment of new offshore bulk product transfer facilities within the designated area,” Secretary O’Mara wrote in a letter to Bouchard Affiliates. “Your request would violate this prohibition.
“Further, the documentation provided (by the company) was insufficient to support the claim that Bouchard Affiliates was conducting oil lightering operations at Big Stone Anchorage, before, on, or after June 28, 1971, as required by statue and regulation,” the Secretary wrote. “For these reasons, the request to commence lightering operations is denied.”
There is a 14-day appeal period following the publication of a legal notice on Sunday, November 15. Anyone wishing to appeal this decision to the State Coastal Zone Industrial Control Board must do so within this timeframe. There is a $100 application fee.
The Delaware Coastal Zone Act Program regulates existing heavy industrial activities, as well as new and existing manufacturing activities in Delaware’s Coastal Zone through a status decision and permit process. A status decision determines whether an activity is allowed by the Coastal Zone Act and can be permitted under its regulations.
