Delaware Agency Fines Asphalt Firm for Air Quality Violations

River Asphalt has been ordered to pay more than $15,000 to clean up violations from 2011.

December 5, 2013
CDR Staff
Concrete and Aggregates Legislation & Regulations

Collin O’Mara, secretary of the Delaware Department of Natural Resources and Environmental Control, (DNREC) has issued a Notice of Administrative Penalty Assessment and Secretary’s Order to River Asphalt LLC for violations of federal and state air quality regulations, as well as its air permit, at the company’s 300-ton-per-hour asphalt plant in Delmar, Del. The order calls for a fine of $13,680 and an additional $2,052 fine as cost recovery reimbursement to the DNREC for expenses associated with the department’s investigation.

River Asphalt LLC is a subsidiary of H&K Group, which owns and operates facilities in Delaware, Maryland, Pennsylvania and New Jersey that provide construction materials, landscaping materials, recycling services as well as contracting and demolition services.

The Secretary’s Order addresses air quality violations that occurred at the Delmar facility during stack testing conducted on Nov. 7-8, 2011. The stack test results showed particulate matter emissions exceeded federal and state air regulations as well as the facility’s permit. According to the DNREC, River Asphalt II has since performed maintenance activities and conducted stack tests again on March 27 and 28, 2012 and was able to demonstrate compliance.

Each violation is cited in the penalty order, which can be found on the DNREC website at