NEWS FROM THE DELAWARE DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL.
April 9, 2010
Vol. 40, No. 97
For more information, contact Phil Cherry, 302-739-9000, or Michael Globetti, DNREC Public Affairs, 302-739-9902
Company denied request to recycle oil in Coastal Zone
Proposed operation is defined as heavy industry under Coastal Zone Act
DOVER – Department of Natural Resources and Environmental Control Secretary Collin P. O’Mara has ruled that a proposed oil recycling facility constitutes heavy industry use under the Coastal Zone Act, which prohibits the activity in Delaware’s Coastal Zone.
Hydrocarbon Recovery Services Inc. requested a “status decision” under the state’s Coastal Zone Act to determine if a Coastal Zone Act Permit is required to construct and operate the facility at the former Kaneka site, located within the Coastal Zone at 1685 River Road in New Castle.
The company, doing business as FCC Environmental (FCC), is an environmental services company owned by the Spanish company Fomento de Construcciones y Contratas, S.A. FCC currently operates 39 used oil facilities and provides services in 23 states. At these facilities, FCC collects used oil and recycles it for use as fuel in industrial applications. In addition to its oil recycling operations, FCC also processes industrial wastewater, collects and recycles used antifreeze, and collects used oil filters at its locations. The company currently operates a facility in Wilmington at 505 S. Market St.
The application “failed to explain how or why the proposed project would not constitute the establishment of a mini-refinery in the Coastal Zone,” Secretary O’Mara wrote in his decision dated April 7. “While recycling used oil is a laudable endeavor, and the relocation of FCC from the shores of the Christina River in Wilmington would have been well received, our decision in this case must be guided by the Act, which would tend to view this application and FCC’s plans as a heavy industry,” noted Secretary O’Mara.
There is a 14-day appeal period following the publication of a legal notice of the decision, expected on Sunday, April 11. 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.
For more information, visit the Coastal Zone Act web site.
