By Craig Anderson

DOVER — The Delaware Solid Waste Authority has received a notice of violation from the state regarding alleged contaminated stormwater release at a facility, according to a letter sent on Feb. 26.

The Delaware Department of Natural Resources and Environmental Control sent the correspondence to DSWA facility manager Michael Lenkiewicz regarding the Central Solid Waste Management Center (CSWMC) at 1107 Willow Grove Road in Felton. Mr. Lenkiewicz declined comment on Thursday.

The letter came from DNREC’s Division of Waste and Hazardous Substances.

According to DNREC spokesman Michael Globetti, “since a (notice of violation) can be a prelude to further enforcement action, the Department cannot comment at this time beyond what’s in the (notice of violation).”

The action followed a compliance assessment of the landfill conducted on Dec. 4, 2020 and a followup visit on Dec. 17, 2020, according to DNREC.

The notice pointed to “severe erosion of the daily cover” and cited a supposedly violated permit condition that “The DWSA shall place daily cover consisting of a six-inch layer of suitable material over all disposed solid waste by the end of each working day.

“Daily cover shall control odors, disease vector breeding, animal attraction, blowing litter, scavenging; as well as reduce the potential for fires ...”

DNREC concluded that the “CSWMC’s lack of maintenance of daily cover led to the release of stormwater (lechate) being released from the facility into Cow Marsh Branch on December 17, 2020.”

Also, DNREC said in the letter, a citizen called the Compliance and Permitting Section (CAPS) on Dec. 15, 2020 regarding an odor emanating from the CSWMC.

“The citizen lives approximately three miles west of the landfill,” the letter said. “The caller smelled strong odor from the landfill for approximately a month before placing the call to the CAPS.”

DNREC’s Environmental Crimes Unit (ECU) reportedly received a call from another citizen who said “that the methane gas smell from the landfills has been unbearable and that it has been especially bad at nights.

“She said that the smell comes through her air handler and gives her headaches. She stated that this has been going on off and on for about a year but lately it has been really bad.”

On Dec. 17, according to DNREC, CAPS staff conducted an odor assessment on Willow Grove Road, Sandalwood Drive, Sandtown Road, and Mahan Corner Road.

The findings determined that DWSA violated its permit condition that it “shall operate and maintain the gas extraction system and flares to control strong odors ...”

Also, according to DNREC, “The facility manager did not contact the CAPS to make the Section aware of the off-site odors,” which violated a permit condition.

DNREC said the ECU contacted the facility manager for the CSWMC who supposedly stated “that due to the extreme recent rainfall, they have been unable to pull the gas collection spot because they can’t get their equipment up the hill.”

The letter requested that the CSWMC “must submit a detailed plan within 30 days of the receipt of the notice of violation, submit documentation to DNREC demonstrating that the violations at the CSWMC have been corrected in accordance with the permit requirements and corrective actions outlined (in the letter.)”

Failure to comply, DNREC said, could lead to enforcement actions outlined in Delaware Code.