DNREC, Donovan Salvage reach resolution on fines, cleanup

The Delaware Department of Natural Resources and Environmental Control and Donovan Salvage Works have reached an agreement on fines and on how to move forward resolving dozens of environmental violations a few years after issues were first brought to light.

DNREC Secretary Gregory Patterson issued an order Feb. 5, that was constructed to resolve the pending violations, and to prevent future violations and harm to the environment.

Donovan Salvage, a recycling and used auto parts business on 70 acres of land, has been located off Donovans Road near Georgetown since the 1960s. The current owner is Michael Herbert, president of Herbert Holdings LLC.

In November 2022, DNREC issued a $1.7 million fine against the salvage yard for dozens of ongoing violations and noncompliance related to tires, hazardous waste, water discharge and air quality. An appeal of the fine to the state’s Environmental Appeals Board was filed shortly afterward. In April 2023, the board decided to delay a hearing on the matter because the state and Donovan Salvage agreed to work toward a resolution.

“The parties have negotiated in good faith and are desirous of an amicable resolution of the issues to avoid the expense, burden, inconvenience and uncertainty of administrative proceedings or litigation,” said Patterson.

Beginning with the violations, the order sets 26 conditions related to the cleaning up of material, and the submission of plans and reports for future monitoring. The time frame for the salvage yard to meet the conditions ranges from 30 days – installation of an air-quality sensor near the smelter – to 48 months – the submission of a remedial investigation report that includes recommendations.

The order also lowers the fine to $1 million, with a base penalty of $250,000 due in full within three years, but the remaining amount could be waived if the business follows through on meeting conditional requirements.

DNREC spokesperson Michael Globetti said the final payment of $750,000 is due on Feb. 5, 2027, which coincides with Donovan Salvage’s comprehensive final remedial investigation report and a human health and ecological risk assessment. The waiver of the remaining administrative penalty is contingent on Donovan Salvage’s completion of remediation of the property, he said.

Additionally, the order says if Donovan doesn't meet the cleanup requirements at the end of 48 months, Donovan will have to pay $100 per day in fines for the first 90 days and then $500 per day after those 90 days have passed. Finally, Donovan has agreed to pay $8,286.02 in DNREC administrative costs.

Herbert, or another representative from the salvage yard, could not be reached for comment.