NEWS FROM THE DELAWARE DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL
October 19, 2009
Vol. 39, No. 420
For more information, contact Paul Foster, Division of Air and Waste Management, 302-323-4542, or Michael Globetti, DNREC Public Affairs, 302-739-9902.
DNREC issues $12,775 penalty notice to Stoltz Management
Company of Delaware for air pollution violations
Delaware Department of Natural Resources and Environmental Control Secretary Collin P. O’Mara has issued a Notice of Administrative Penalty Assessment and Secretary’s Order to Stoltz Management Company of Delaware Inc. for violations of the Delaware Code and regulations governing the control of air pollution. The Order includes a cash penalty of $12,775 and an additional $1,916.25 as cost recovery reimbursement to the Department for expenses associated with its investigation.
Stoltz Management owns a facility located at 20 Montchanin Road in Wilmington, subdivided into office spaces that it leases to various businesses. The facility has an emergency generator onsite. Operation of emergency generators results in the emission of various air contaminants such as particulate matter and nitrogen oxides in quantities that require a permit pursuant to 7 DE Admin. Code 1102. Stoltz Management purchased the facility on December 20, 2006, from the previous owner who had an operating permit for the emergency generator. Delaware law allows for the transfer of an operating permit if certain conditions are met, which includes submittal to the Department of a written request for the permit transfer from both parties prior to the sale.
The parties failed to submit this written request to the Department in the time frame required. Both the Department and the previous owner made numerous attempts to obtain Stoltz Management’s written request for the permit transfer, which was finally received on March 26, 2009. Operating records provided by Stoltz Management show that between September 7, 2008 and March 24, 2009, it operated the emergency generator for a total of 41.9 hours without an operating permit. A Notice of Violation was issued April 3, 2009.
The Secretary's Order can be found online at http://www.dnrec.delaware.gov/Info/Pages/SecOrders.aspx.
Stoltz Management Company of Delaware, Inc. has 30 days to request a public hearing.
