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Free-Flow Packaging Int'l, Inc. v. Secretary of the Dep't of Natural Resources & Envtl. Control

ELR Citation: 34 ELR 20137
Nos. No. 1.2004, (Del., 11/15/2004)

The Delaware Supreme Court held that the state environmental agency lawfully determined the "base fee" to be paid by a company under Delaware's Clean Air Act Title V operating permits program. The assessment was neither a regulation nor a case decision. Rather, the agency implemented a statutory directive by categorizing all air polluters based on the estimated hours it spent performing stated types of activities. Here, the $18,000 base fee was founded on the agency's determination that the company is a "complex" source requiring 401-625 hours of services, and the record supports this determination.