Bill Text: DE SB232 | 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 2-0)
Status: (Introduced - Dead) 2014-06-11 - Amendment SA 1 - Introduced and Placed With the Bill in Senate [SB232 Detail]
Download: Delaware-2013-SB232-Draft.html
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SPONSOR: |
Sen. McBride & Rep. J. Johnson |
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DELAWARE STATE SENATE 147th GENERAL ASSEMBLY |
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SENATE BILL NO. 232 |
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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:
(10) "Crusher" means any device, structure, or facility designed or operated to reduce large pieces of nonmetallic mineral or concrete into smaller pieces by a process that causes or contributes to the discharge of an air contaminant.
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:
§6003. Permit — Required.
(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 shall be granted to operate any crusher unless every point on the property boundary line of the property on which the crusher is or would be located is at least 1,000 feet from every point on the property boundary line of any residence or residential community.
SYNOPSIS
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This bill defines "crusher" and requires that any crusher have a mandatory set back from residences and residential communities.A crusher is often used to reduce the size of waste concrete for disposal or recycling.The process of crushing concrete results in the release of air contaminants, which can include toxic dust, produces contaminants that can pollute the water supply, and can cause noise and vibrations that negatively impact the well-being of the general public.The setback requirement created by this bill puts some distance between the general public and the negative environmental impacts caused by this industrial process. |
Author: Senator McBride
