CONTACT: Michael Globetti, DNREC Public Affairs, 302-739-9902
DNREC order extends Peninsula Compost Company’s closure deadline
by three months, with $10,000 daily fines for failure to comply by June 30
DOVER (March 31, 2015) – DNREC Secretary David Small has issued a Conciliation Order by Consent to Peninsula Compost Company, LLC, extending the closure deadline of Peninsula’s Wilmington facility by three months to June 30, 2015 and stipulating specific monetary penalties if that deadline is not met. The DNREC order – agreed to by Peninsula Compost – sets penalties of $10,000 per day beyond June 30 for every day thereafter that Peninsula fails to complete all closure activities.
Peninsula had requested the extension from DNREC earlier this year in a letter to Secretary Small that cited “operational and resource limitations for the facility (that) made it impractical to meet the schedule that was set forth in the Secretary’s Order” requiring the company to cease operations.
In extending the closure deadline, the Order also requires the company to implement an orderly closure in compliance with an amended closure plan, the Amended Composting Approval for Closure Activities (attached to the conciliation order). By terms of the conciliation order, the Peninsula Compost Company also has agreed to drop its appeal of DNREC’s original closure order and waive its right to appeal the conciliation order.
The Peninsula Compost Company began operating the Wilmington Organic Recycling Center in December 2009 with approval from DNREC via a Beneficial Use Determination (BUD) permit. On Oct. 20, 2014, Peninsula’s request to renew the BUD was denied and a DNREC Secretary’s Order was issued requiring the facility to immediately stop accepting incoming materials and to close the facility by March 31, 2015, including complete removal of all materials on site. The majority of material remaining at the site is finished compost and not food wastes or feedstock that, in the past, may have contributed to significant odors from the site.
The Conciliation Order with attached Amended Composting Approval for Closure Activities can be found on DNREC’s website.
Vol. 45, No. 88