A FOIA response revealed that representatives of Delaware’s Department of Natural Resources and Environmental Control (DNREC’s) Sediment and Stormwater Program (SSP) have conducted multiple compliance visits at the Fort Dupont Redevelopment site. Following these visits, site review reports were issued identifying deficiencies and recommending corrective action to comply with DNREC requirements.
An April 29, 2021 letter sent by Certified Mail to Jeff Randol, who was Executive Director of FDRPC at that time, letter listed nine specific dates when compliance visits were conducted between December 8, 2020 and April 8, 2021. The letter stated:
On the basis of the information gathered during the compliance visits, and the non-responsiveness of Fort DuPont Redevelopment to implement corrective actions and respond to the requests for timely compliant documentation, Fort DuPont Redevelopment is notified that it is found in violation of the statutory and regulatory requirements” of several statutes, regulations, systems, and permits as well as FDRPC’s approved sediment and stormwater management plan (SSMP).
On all nine visits listed in the letter, “…erosion and sediment control practices were found to be improperly installed and/or maintained pursuant to the Delaware Erosion and Sediment Control (ESC) Handbook at multiple locations on the site.”
The following specific violations were cited:
Failing to establish vegetative stabilization sediment basins slopes…
Failing to install and/or maintain perimeter controls to intercept sediment laden runoff..
Failing to install and/or maintain soil stockpile controls…
Failing to install and/or maintain storm drain inlet provisions…
Improper management and/or disposal of mixed construction and demolition debris containing concrete, metal rebar, piping, asphalt, geotextile, and trash were found at multiple locations on the site…
Three citations involved activities undertaken without a permit from DNREC:
No person shall, without first having obtained a permit from the Secretary, undertake any activity:…(4) In a way which may cause or contribute to the collection, transportation, storage, processing or disposal of solid wastes, regardless of the geographic origin or source of such solid wastes…
No person shall engage in the construction, operation, material alteration, or closure of a solid waste facility, unless exempted from these regulations under subsection 2.3, without first having obtained a permit from the Department.
Improper disposal of construction waste and burial of solid waste without a permit…
The April 29, 2021 letter from DNREC provides only a four month snapshot. An additional FOIA request has been submitted to determine what corrective action was taken. The extensive range of both the type and location of environmental violations cited in this letter indicate that these problems were pervasive and widespread.