Sierra Club and Audubon Society file a legal appeal of a DNREC permit for the Delaware City Refinery
The Sierra Club and Delaware Audubon Society filed appeals on June 14, 2013 with the Environmental Appeals Board and the Coastal Zone Industrial Control Board of Secretary’s Order 2013-A-0020 dated May 31, 2013 concerning the Delaware City Refinery’s Marine Vapor Recovery System (“MVRS”) for violating the Coastal Zone Act. Sierra Club and Delaware Audubon are represented in these appeals by the Widener School of Law’s Environmental and Natural Resources Law Clinic.
The Delaware City Refinery has widely publicized its railroad “loop track” for the import of crude oil to the Refinery and to barge lower-cost Bakken and Canadian tar sands crudes to its other refinery in Paulsboro New Jersey while also remaining in acquisition mode looking for other available refineries that may benefit from the synergies associated with obtaining discounted oil by rail.
This infrastructure has been constructed outside of the Refinery’s footprint of non-conforming use, a boundary established by the original Coastal Zone Act for industries already operating in the area. The Coastal Zone Act, signed into Delaware law in 1971 by Governor Russell Peterson, restricts industrial development in an area that extends 150-miles long and 2-miles inland and specifically prohibits bulk product transfer facilities.
Delaware City Refinery's footprint of nonconforming use for the Coastal Zone Act. http://www.dnrec.delaware.gov/Admin/CZA/Coastal%20Zone%20Act%20Documents...