NEWS FROM THE DELAWARE DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL

Nov. 19, 2009
Vol. 39, No. 453

For further information, contact Paul Foster, Air Quality Management Section, 302-323-4542; Karen J’Anthony, Solid and Hazardous Management Branch, 302-739-9403 or Melinda Carl, Public Affairs, 302-739-9902. 

DNREC issues notice of $30,000 penalty to Dassault Falcon Jet –Wilmington Corp. for air pollution and hazardous waste violations

DOVER – 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 Dassault Falcon Jet – Wilmington Corp. for violations of its permit issued by the Air Quality Management Section as well as violations of Delaware’s Regulations Governing Hazardous Waste. The Order includes a cash penalty of $30,000 and an additional $4,500 as cost recovery reimbursement to the Department for expenses associated with its investigation.

Dassault Falcon Jet – Wilmington Corp. owns and operates a full service aircraft facility in New Castle, Del., specializing in maintenance and refurbishing services, including stripping and painting of aircraft.

The paints and solvents used at the facility have the potential to emit volatile organic compounds exceeding 25 tons per year, and hazardous air pollutants exceeding 10 tons per year of one type or 25 tons per year combined of more than one hazardous air pollutant. This potential subjects the company to the Title V air quality operating permit program and compliance with emission limits, recordkeeping and reporting requirements.  In addition, the paints and solvents also have the potential to generate hazardous waste, which subjects Dassault to requirements of Delaware’s hazardous waste regulations.

DNREC’s Air Quality Management Section and Solid and Hazardous Waste Management Branch both conducted independent inspections and investigations of the facility that resulted in the discovery of multiple violations. The Department issued notices of violations to Dassault dated May 8, 2008 for air quality violations and Nov. 25, 2008 for hazardous waste violations. 

The air related violations covered by this order include but are not limited to: failure to calculate and/or maintain records demonstrating compliance with permit conditions, exceeding permitted monthly and rolling 12-month volatile organic compound (VOC) and hazardous air pollutant (HAP) emission rate, and failure to properly report permit violations. Hazardous waste violations include storing hazardous waste in open containers, improperly labeling containers of hazardous waste, exceedance of hazardous waste accumulation thresholds, and failing to conduct inspections of hazardous waste accumulation areas, in addition to other violations.