Groups file complaint against Sussex County
National and local groups advocating for responsible agriculture, social equity and environmental justice filed a complaint May 18 with the Delaware Attorney General’s Office requesting immediate enforcement action against Sussex County for failing to follow public notice and participation requirements in the approval of $60 million in bonds to fund a poultry processing waste-recycling facility near Seaford.
On a recommendation from the Industrial Revenue Bond Committee, at its April 20 meeting Sussex County Council approved a $60 million industrial revenue bond for Bioenergy Devco to finance its planned facility.
The complainants – Socially Responsible Agriculture Project, Food & Water Watch, Delaware Civil Rights Commission, Delaware Alliance for Community Advancement, and Sussex Health and Environment Network – assert that the county failed to provide reasonable notice about the committee hearing and was not transparent about the funding proposal, despite hundreds of concerned residents opposing the project to county officials because of threats to the health and safety of the surrounding community and the environment.
The complaint asks the attorney general to revoke the county’s approval of the bonds and require the public hearing be redone in a manner that allows community members to participate and comment.
“From the outset, impacted residents have been excluded from the plans to site an industrial dirty energy facility in their community. We are issuing this complaint to make it clear that these underhanded practices must stop,” said Greg Layton, Delaware organizer with Food & Water Watch. “The public deserves adequate, proper notice of decisions affecting their communities, health and environment. It is worth fighting for, and we intend to see this bond process restored to the public.”
“This hearing violated reasonable notice,” said Maria Payan, Socially Responsible Agriculture Project senior regional representative. “This process must be sent back for a public hearing that involves the public process with reasonable public notice.”
Chip Guy, Sussex County communications director, provided the following statement:
“The county has just received the complaint, and will be reviewing it with legal counsel. For that reason, it would be inappropriate at this time to comment in any depth, other than to say the county denies the allegations. They are without merit, and the record clearly shows that. All meetings were properly noticed in advance, and the bond application was considered and approved following the prescribed process as set forth by both state and federal IRS requirements.”
