Coastal Zone Industrial Control Board Hearing on refinery air permit appeal, July 16, 2013
July 16, 2013: The Coastal Zone Industrial Control Board hearing of the Delaware City Refinery's crude by rail trainsfer operation air permit was held at the DelTech Terry Campus in Dover. The Delaware City Refinery filed a petition to intervene in the appeal hearing.
During the hearing attorneys for the Delaware City Refinery filed a motion to dismiss that was approved by the Coastal Zone Industrial Control Board. Their motion was based on their argument that we did not prove standing to have the appeal heard by the board. Despite 16 affidavits from both Sierra and Audubon that proved harm, the Coastal Zone Industrial Control Board adopted their motion.
The Coastal Zone Industrial Control Board is a 9-member board comprised of 5 appointees by the Governor, the chairs of the planning commissions of each county and the director of the Delaware Economic Development Office. Interestingly, Delaware Economic Development Office director Alan Levin recused himself from the appeal hearing.
Representing the Sierra Club and the Delaware Audubon Society in the appeal was Ken Kristl, Director of the Environmental and Natural Resources Law Clinic at Widener University School of Law.
The State of Delaware was not represented by the Attorney General. Instead, the state hired attorney Max Walton of Connolly Gallagher LLP to represent them in a verbal agreement for $325/hour. In the photo above Max Walton presents the boundary of the Delaware City Refinery's footprint of nonconforming use.
The appeal disputed whether the Secretary of DNREC is empowered to make his own Coastal Zone Act status decisions without seeking any public input. In his Secretary's Order for the Marine Vapor Recovery Unit, he went into great detail on the implications of the Coastal Zone Act.