Bill Text: DE SB166 | 2013-2014 | 147th General Assembly | Draft
Bill Title: An Act To Amend Title 7 Of The Delaware Code Relating To Environmental Control.
Spectrum: Partisan Bill (Democrat 31-1)
Status: (Introduced - Dead) 2014-01-29 - Assigned to Natural Resources & Environmental Control Committee in Senate [SB166 Detail]
Download: Delaware-2013-SB166-Draft.html
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SPONSOR: |
Sen. McBride & Rep. J. Johnson |
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Sens. Blevins, Bushweller, Ennis, Hall-Long, Henry, Marshall, McDowell, Peterson, Poore, Townsend, Venables; Reps. Barbieri, Bennett, Blakey, Bolden, Brady, Carson, Heffernan, Jaques, Q. Johnson, Keeley, Kowalko, Longhurst, Mulrooney, Osienski, Schwartzkopf, M. Smith, Viola, Walker, D.E. Williams |
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DELAWARE STATE SENATE 147th GENERAL ASSEMBLY |
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SENATE BILL NO. 166 |
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AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO ENVIRONMENTAL CONTROL. |
Section 1.Amend §6002, Title 7 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows and by redesignating accordingly:
§ 6002.Definitions.
The following words and phrases shall have the meaning ascribed to them in this chapter unless the context clearly indicates otherwise:
(27) "Industrial landfill" means a land site at which industrial waste is deposited on or into the land as fill for the purpose of permanent disposal, except that it will not include any facility that has been approved for the disposal of hazardous wastes under the Delaware Regulations Governing Hazardous Wastes.
Section 2.Amend §6003, Title 7 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
(c)
The Secretary shall grant or deny a permit required by subsection (a) or (b) of
this section in accordance with duly promulgated regulations and provided
that:
(1) No permit may be granted unless the county or
municipality having jurisdiction has first approved the activity by zoning
procedures provided by law; and .
(2) No permit may be granted to any incinerator unless:
a. The property on which the incinerator is or would be located is within an area which is zoned for heavy industrial activity and shall be subject to such process rules, regulations or ordinances as the county, municipality or other government entity shall require by law, such as a conditional use, so that conditions may be applied regarding the health, safety and welfare of the citizens within the jurisdiction; and
b. Every point on the property boundary line of the property on which the incinerator is or would be located is:
1. At least 3 miles from every point on the property boundary line of any residence;
2. At least 3 miles from every point on the property boundary line of any residential community; and
3. At least 3 miles from every point on the property boundary line of any church, school, park, or hospital.
(3) No permit or modification to a permit may be granted for an industrial landfill that authorizes a maximum height, including the cap and cover vegetation, of more than 130 feet above the mean sea level of the area.
SYNOPSIS
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This bill defines "industrial landfill" in conformity with the Department of Natural Resources and Environmental Control's Regulations Governing Solid Waste.This bill also establishes a height restriction, or vertical limit, for an industrial landfill at 130 feet above the mean sea level of the area. Author: Senator McBride |
