VFL Technology Notice of Conciliation and Secretary's Order
DNREC Issues Notice of Conciliation and Secretary’s Order to VFL
Technology; Actions for Environmental Oversight Improvements Outlined
Delaware Department of Natural Resources and Environmental Control Secretary John A. Hughes has issued a Notice of Conciliation and Secretary’s Order to VFL Technology Corporation for violating and not complying with its existing Limited Distribution and Marketing Permit. The order sets forth actions that will improve the management and oversight of the company’s biosolids treatment facility located next to the City of Wilmington’s wastewater treatment plant.
VFL Technology Corporation, of West Chester, Pa. has been under contract to the City of Wilmington to process digested biosolids from the city’s wastewater treatment plant. VFL converts biosolids from the city’s wastewater treatment plant and fly ash from Conectiv’s coal-fired power plant on Hay Road into usable product called “stabilized biosolids.”
VFL manages the stabilized biosolids product under a Limited Distribution and Marketing Permit issued by the Department’s Division of Water Resources in July 2005 and a Beneficial Use Determination approved by the Department’s Division of Air and Waste Management. Since 1998, VFL has operated its facility in a manner that was not in accordance with the requirements of its permit and use approval. In March 2008, VFL provided the Department with an update to its 1995 original application and operations plan information.
The Order corrects the outdated management of the facility and increases the oversight and control over the facility by the Department. Actions required of VFL under the order include: submission of a plan for management and reducing the quantity of remaining stabilized biosolids stored on-site; a timeline for a revised closure plan for review and approval by the Department; and a $500,000 financial assurance instrument or guarantee for closure implementation.
"I’m encouraged by VFL’s willingness to work with us to expand its accountability to the Department and the people of Delaware and to operate the biosolids treatment facility under more appropriate requirements than those that are currently available under the applicable permits and approvals," said Dr. Katherine Bunting-Howarth, director of the Division of Water Resources.
The challenges and opportunities for the beneficial use of stabilized biosolids were highlighted in a report commissioned by the Department, "Waste Issues and Landfill Capacity in Delaware," prepared and issued by McCabe & Associates in November 2005.
The wastewater treatment plant biosolids and power plant fly ash, if no longer processed into stabilized biosolids, would require re-use in an environmentally safe manner or disposal in an appropriately permitted landfill. Due to contractual arrangements between Conectiv and the Delaware Solid Waste Authority, a portion of the fly ash would likely be disposed of as a solid waste at the nearby DSWA Cherry Island Landfill.
The disposal of this material could consume significant capacity in the Cherry Island Landfill and require both the closing of the landfill prior to 2025 and development of new waste management options (as outlined in the Governor’s Solid Waste Technical Working Group Report, Solid Waste Management Alternatives for Delaware, dated May 15, 2006).
In addition, if Wilmington’s wastewater treatment plant biosolids are disposed of at the Cherry Island Landfill, costs to the city could increase by an estimated $2.9 million to $3.7 million per year, and costs for the disposal of fly ash generated at the Conectiv Power Hay Road facility could increase as well.
VFL has agreed to all actions set forth in the Order and to implement corrective plans regarding the proper management, financial assurance and recordkeeping procedures practiced by the facility.
The Order is available for review here.
VFL has 30 days to request a hearing.
