Contact: Michael Globetti, DNREC Public Affairs, 302-739-9902.
DNREC issues Secretary’s Order to Mike Davidson
Enterprises LLC facility for permit violations
DOVER (Aug. 9, 2012) – DNREC Secretary Collin O’Mara has issued a Notice of Conciliation and Secretary’s Order to Mike Davidson Enterprises, LLC for violations of the facility’s Resource Recovery Facility Permit. The order requires the company to take immediate action to address the violations which include exceeding standards for contaminants in mulch produced by the company. The notice was issued after the company failed to act in accordance with an earlier cease and desist order from DNREC issued for continuing to flout environmental regulations.
Mike Davidson Enterprises, LLC is permitted to operate a construction and demolition (C&D) recovery facility located at 3051 Willow Grove Road in Camden, Delaware. The company’s Resource Recovery Facility permit regulates the facility’s processes for handling and managing C&D waste, including production of mulch.
Analysis of mulch samples collected May 17, 2012 at the facility by DNREC’s Solid & Hazardous Waste Management Section revealed concentrations of arsenic, chromium, and PCBs that exceed regulatory criteria in the company’s permit. On June 8, 2012, Secretary O’Mara issued a cease and desist Secretary’s Order that required the company to discontinue distribution of mulch and to document compliance with the order and the company’s permit.
DNREC is recommending that, in an abundance of caution, anyone who applied mulch from the facility take measures to prevent human ingestion of the mulch. Customer concerns should be directed to the facility.
The cease and desist order expired by law after 30 days, at which time DNREC’s Solid & Hazardous Waste Management Section collected additional mulch samples for testing. Analysis of the samples taken July 16 revealed that concentrations of contaminants again were in violation of the permit.
The Secretary’s action was taken to prevent the facility’s distribution of mulch that has failed permit criteria, to require the facility properly dispose of the mulch, and to have the facility ensure that any additional mulch produced will meet its permit requirements.
The Delaware Department of Justice, acting on DNREC’s behalf, also filed a complaint in Superior Court in June against Mike Davidson Enterprises, LLC to address numerous additional compliance issues.
The Secretary’s Order and cease and desist order can be found on the DNREC website at http://www.dnrec.delaware.gov/Info/Pages/SecOrders_Enforcement.aspx.
For further information, please contact DNREC’s Division of Waste & Hazardous Substances at 302-739-9403.
Vol. 42, No. 304