Bill Text: DE HB436 | 2015-2016 | 148th General Assembly | Draft

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Bill Title: An Act Requiring Certain Provisions For Any Interim Emergency Sediment And Stormwater Regulations Adopted Or Enacted By The Department Of Natural Resources And Environmental Control After October 7, 2015.

Spectrum: Moderate Partisan Bill (Republican 9-2)

Status: (Introduced - Dead) 2016-06-21 - Introduced and Assigned to Natural Resources Committee in House [HB436 Detail]

Download: Delaware-2015-HB436-Draft.html

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SPONSOR:	Rep. Gray & Sen. Hocker;
	Reps. Briggs King, Carson, Dukes, Kenton, D. Short, Spiegelman, Wilson; Sen. Ennis

HOUSE OF REPRESENTATIVES

148th GENERAL ASSEMBLY

HOUSE BILL NO. 436

AN ACT REQUIRING CERTAIN PROVISIONS FOR ANY INTERIM EMERGENCY SEDIMENT AND STORMWATER REGULATIONS ADOPTED OR ENACTED BY THE DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL AFTER OCTOBER 7, 2015.

WHEREAS, on October 7, 2015, the Superior Court of the State of Delaware issued a decision invalidating certain sediment and stormwater regulations that were adopted by DNREC in 2014, a decision affirmed by the Delaware Supreme Court on April 15, 2016; and

WHEREAS, it is arguable that due to the invalidation of the regulations adopted 2014 the regulations commonly identified as the "2006 regulations" would again apply to all new projects seeking DNREC approval; and

WHEREAS, DNREC has indicated that emergency regulations are necessary as many planned or submitted projects have relied upon the 2014 regulations in the design of their project, resulting in non-compliance under the 2006 regulations; and

WHEREAS, as there has been uncertainty as to which regulations should apply, a fair resolution is to offer applicants the option to select which regulations to comply with until such a time as DNREC adopts new regulations as required under the Administrative Procedures Act;

NOW THEREFORE:

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1:For any interim emergency sediment and stormwater regulations that have or will be adopted by the Department of Natural Resources and Environmental Control after October 7, 2015, any person submitting a project for approval shall have the option to comply with the sediment and stormwater regulations as adopted in 2006 or those adopted in 2014 as amended, in the applicant's sole discretion.Any applicant with a residential project selecting to comply with the 2006 regulations pursuant to this Act shall be required to submit a payment of $500 per lot upon approval of the project to the Delaware Department of Agriculture, to be deposited in its Nutrient Management Fund and utilized to support the removal of nitrogen and phosphorous through cover crops or other related activities.

The provisions of this Act shall sunset upon the adoption of new sediment and stormwater regulations by the Department of Natural Resources and Environmental Control as proscribed by State Law if the Department identifies in the Notice of proposed regulations that the adoption of such regulations will cause this Act to sunset, except that any person submitting a project for approval prior to the sunset of this Act shall have a period of 18 months from the sunset date to complete the project under the regulations selected pursuant to this Act.

SYNOPSIS

In a decision by the Superior Court on October 7, 2015, as affirmed by the Delaware Supreme Court, the 2014 Sediment and Stormwater Regulations adopted in 2014 have been invalidated due to the DNREC's failure to fully comply with the Administrative Procedures Act.Following the Court's decision, a number of projects have proceeded to rely upon the 2006 regulations.At the same time, a number of projects were designed in accordance with the 2014 regulations. Until such a time as DNREC adopts new regulations as required under the APA, this act will require any previously or later adopted emergency regulations to provide for an option to either comply with the 2014or the 2006 regulations.Any residential project electing to follow the 2006 regulations will be required to pay $500 per home to the Dept. of Agriculture to support its cover crop program.