When DNREC issued a shutdown order for Peninsula Compost Group (otherwise known as Wilmington Organics Recycling Center, Peninsula Compost Company, etc.) on October 20th, our first question was “would they appeal?” That question has been answered with the filing of an appeal to the Delaware “Environmental Appeals Board” on November 7, 2014
The lawyer filing the appeal is Robert W. Whetzel of Richards, Layton, Finger, 302.651.7634. We have run into Whetzel many times representing the Delaware City Refinery and other bad polluters.
The appeal (posted here) claims that “the Order directly and adversely affects the rights of PCC … is not supported by the “record”… DNREC committed procedural errors … DNREC committed errors of law … the Order is contrary to and not supported by state law, and violates the United States and State of Delaware Constitutions ….” This appears to be nonsense but nonsense often prevails on the Plantation.
We understand a hearing is scheduled for March 10 but these are often delayed or cancelled.
See also this Jeff Montgomery story:
Some useful background:
Laws governing the Environmental Appeals board are at 7 Del. C., § 6007 to 6009.
Present membership of the Environmental Appeals Board. The members are appointed by the Governor and confirmed by the Senate.
Comments from Green Delaware:
Our impression is that the Environmental Appeals Board is loaded with members with an anti-environmental bias, and seldom supports appeals from the public/environmental advocates. It is more likely to support polluters and/or the DNREC. This is the fault of governors for appointing people selected by the powers of darkness, and of the Delaware Senate, which does not exercise responsible judgment in confirming nominations.
The composting facility reportedly is part-owned by Waste Management, the giant, evil garbage corporation that paints its trucks green. But the real local owner seems to be Andy DiSabatino, of the prominent Delaware family of that name and EDIS Company, the construction management firm.
Disabatino seems to have a powerful sense of entitlement, his testimony at the August 28 th public hearing was absent any slight sense of responsibility, or apology, for what his mismanaged composting yard had done to people. Now, he seems to want to restart his facility but offers nothing but accusations against others.
Disabatino signed the most recent application to DNREC, listing his title as “Principal.” He gave his contact information as
Maybe give him a call…..