The Markell administration says it is not aware of legislation that would deal with a rail unloading site at the Delaware City Refinery of PBF Energy.
The Delaware Sierra Club, citing what it said were reliable sources, claimed that the administration was planning last-minute legislation on the Coastal Zone Act. The session ends Sunday night.
The claims of a last-minute bill were also picked up by the Delaware Way blog.
“DNREC determined that the refinery was in compliance with the Coastal Zone Act through the Secretary’s Order on the recent air permit and we are not aware of legislation that would confirm or otherwise change that determination,” said Markell spokesperson Catherine Rossi.
She added that the administration was not aware of any bill.
The Delaware Sierra Club and Audubon Society have filed an appeal claiming the construction of the rail facility violates the state’s Coastal Zone Act.
Their action has led to concern within the business community that the future of the refinery could be jeopardy. That concern was further heightened by a report that the administration had hired an attorney regarding the matter rather than relying on state lawyers.
Delaware State Chamber of Commerce President Joan Verplanck expressed her concerns on the issue, noting that the appeal came after the unloading facility went into opration.
Delaware Department of Natural Resources and Environmental Control Secretary Collin O’Mara has ruled that the rail site is akin to a road or other infrastructure improvement and does not violate the act.
The General Assembly would walk a fine line on the issue, since the dispute pits organized labor against environmental activists, both normal allies of the Democratic majority. Both groups squared off in a recent public hearing regarding the refinery’s operating permits.
The environmental activists say they do not want to shut down the site and claim refinery workers are being manipulated by management. Refinery management and workers say the opposite is true and the move to declare the unloading area illegal is evidence of a plan to shut down the site that is said to be responsible for 2,000 jobs.
