Date: Mon, 23 Jun 2008 11:54:46 -0400
To: Robert.Haynes@state.de.us
From: Alan Muller <amuller@dca.net>
Subject: Public hearing on DuPont Edge-Moor NPDES permit
Cc: eversgr@aol.com, John.DeFriece@state.de.us, John Austin <austin4102000@yahoo.com>, john.hughes@state.de.us, overland@redwing.net
Bcc: jm

June 23, 2008

Mr. Robert Haynes
Hearing Officer
Department of Natural Resources and Environmental Control
89 Kings Highway
Dover, Delaware

Dear Mr. Haynes:

You held a "public hearing" on the above matter on Wednesday, June 18, 2008.  No court reporter was present and no recording was made.

We understand from you, Mr. Peder Hansen, Mr. John DeFriece, and Kurt Fetzer--of Wilcox and Fetzer, the reporting service--that the DNREC failed to schedule a reporter.

The requirements in the Delaware Code are clear on this point, in Title 7 at Section 6006:

§ 6006. Public hearings.

Any public hearing held by the Secretary concerning any regulation or plan, permit application, alleged violation or variance request shall be conducted as follows:

[...]

(4) A record from which a verbatim transcript can be prepared shall be made of all hearings and shall, also with the exhibits and other documents introduced by the Secretary or other party, constitute the record. The expense of preparing any transcript shall be borne by the person requesting it. The Secretary shall make findings of fact based on the record. The Secretary shall then enter an order that will best further the purpose of this chapter, and the order shall include reasons. The Secretary shall promptly give written notice to the persons affected by such order.

The public notice issued by the DNREC on 5/14/08 stated:

"The hearing will be conducted as outlined in Title 7, Delaware Code, Sec.6006."

There is simply no "wiggle room" here.  The legal requirements for a public hearing have not been met and the hearing must be rescheduled and a proper hearing held. Any recommendation by a Hearing Officer or Order of the Secretary would not survive legal scrutiny or challenge.

At this time, I ask that you renotice a hearing, and hold it as required to build a record which can support a decision.  Green Delaware was one of the parties requesting a hearing.  We ask for the cooperation of the Department in rescheduling a hearing to ensure that the parties will be available.

Needless to say, this permit is important because it involves efforts by DuPont, probably the worst toxic polluter of the Delaware, to get looser permit limits for dioxins.

Yours very truly,

Alan Muller
Green Delaware

Alan Muller, Executive Director
Green Delaware
Box 69
Port Penn, DE 19731 USA
302.834.3466
cell 302.299.6783
greendel@dca.net
www.greendel.org