CHAPTER 152

CREATING AN AIR POLLUTION AUTHORITY

AN ACT TO AMEND TITLE 16, DELAWARE CODE, ENTITLED "HEALTH AND SAFETY" BY CREATING AN AIR POLLUTION AUTHORITY, PRESCRIBING ITS POWERS AND DUTIES, PROVIDING PENALTIES AND APPROPRIATING FUNDS.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Title 16, Delaware Code, is amended by adding the following new chapter:

CHAPTER 16. AIR POLLUTION SUBCHAPTER I. GENERAL PROVISIONS

§ 1601. Definitions

As used in this chapter--

"Authority" means the Air Pollution Authority of the State of Delaware.

§ 1602. Declaration of policy

It is declared to be the public policy of the State to maintain within its jurisdiction a reasonable quality of air consistent with protecting the safety, welfare, and comfort of the people of this State and to prevent the pollution of air with impurities which menace the health and welfare of the people of the State, to the end that the least possible injury shall be done to human, plant and animal life and property.

SUBCHAPTER IL AIR POLLUTION AUTHORITY

§ 1610. Composition; vacancies; quorum; organization; officers

(a) There is hereby created an Air Pollution Authority of the State of Delaware which shall be administered by the State Board of Health. The Authority shall consist of 8 members as follows:

The Executive Secretary of the State Board of Health; the State Sanitary Engineer; the Director of the Water Pollution Commission of the State of Delaware; a representative selected by the University of Delaware's Agriculture Department; a representative selected by the University of Delaware's Mechanical Engineering Division; and three members to be appointed by the Governor from industry throughout the State. One shall serve for a period of two years; one shall serve for a period of three years; and one shall serve for a period of four years. Thereafter each member shall be appointed for a term of four years from the date of the expiration of the term for which his predecessor was appointed, except that a person appointed to fill a vacancy occurring prior to the expiration of any term shall be appointed for the remainder of the term.

(b) Four members of the Authority shall constitute a quorum authorized to transact any business, perform any duties or exercise any powers of the Authority, and the State Sanitary Engineer shall be the secretary of the Authority.

(c) Members and the secretary shall receive no compensation for their services as members and secretary of the Authority, but shall be repaid their actual expenses incurred in the performance of their duties under this chapter.

(d) The Authority shall meet and organize by the election of a chairman who shall serve for the year for which he is elected, The Authority shall meet at such times and places as may be specified by call of the chairman,

§ 1611. Powers

The Authority may:

(1) Develop a comprehensive program for the prevention and control of all sources of pollution of the air of the State;

(2) Advise, consult and cooperate with other agencies of the State, political subdivision, industries, other states, the Federal government and with affected groups in furtherance of the purpose of the chapter;

(3) Encourage and conduct studies, investigations and research relating to air pollution and its causes, prevention, control and abatement, as it may deem advisable and necessary;

(4) Collect and disseminate information relating to air pollution, its prevention and control;

(5) Promulgate rules and regulations and issue orders when necessary to promote the correction of air pollution problems;

(6) Consider complaints, make investigations and hold hearings;

(7) Require any person to submit plans for the removal of air contaminants;

(8) Encourage voluntary cooperation by the people, municipalities, counties, industries and others in restoring and preserving the purity of air within the State;

(9) Employ personnel, including specialists and consultants, purchase materials and supplies, and enter into contracts necessary to carry out the purposes of this chapter;

(10) Enter at reasonable times upon any private or public property for the purpose of investigating conditions relating to air pollution;

(11) Enforce compliance with the laws of this State relating to pollution of the air;

(12) Represent the State of Delaware in any and all matters pertaining to plans, procedures or negotiations for interstate compacts in relation to air pollution control;

(13) Select advisory committees to study and advise upon specific problems which may arise from time to time.

§ 1612. Federal aid; other funds

The Authority may cooperate with and receive moneys from the Federal government or any industry or other source. Such moneys received are hereby appropriated and made available for the study and control of air pollution.

SUBCHAPTER III. FORBIDDEN PRACTICES; ENFORCEMENT

§ 1620. Nuisances prohibited

No person shall discharge into the air solids, liquids, or gases causing such injury to human, plant or animal life, or to property, as constitutes a public nuisance.

No person shall cause, erect or continue any nuisance contrary to the provisions of this chapter.

§ 1621. Proceedings to abate public nuisances created by pollution of air

Proceedings to abate public nuisances created by pollution of air may be instituted at law or in equity in the name of the State on behalf of the Authority by the Attorney General.

§ 1622. Administrative hearings; notice; procedure; order; summary action

(a) Whenever the Authority determines that a person has violated any of the provisions of this chapter, or any order of the Authority, it shall give written notice to such person specifying the complaint. Such notice shall require that the matters of complaint be corrected within a reasonable period of time specified therein or that the person complained against appear before the Authority at a time and place specified in the notice and answer the charges. The notice shall be served on such person as summonses are served or by registered mail not less than 20 days before the time set for the hearing.

(b) The person complained against may appear personally or by counsel at the hearing and produce any competent evidence in his behalf in answer to the alleged violation. On the basis of the evidence produced at the hearing, the Authority shall enter such order as in its opinion will best further the purposes of this chapter and shall promptly give written notice, either by service as summonses are served or by registered mail, to the persons affected by such order. If the hearing is held before any officer designated by the Authority, such officer shall transmit the record of the hearing, together with his findings and conclusion, to the Authority, which thereupon shall review the record and enter its order on the basis thereof. The order of the Authority shall become final and conclusive on all parties unless an appeal is taken therefrom as provided in section 1624.

(c) Whenever conditions are such as to require immediate action to protect the public health or welfare, the Authority may take such action as it may deem advisable for summary abatement of the nuisance.

§ 1623. Record of proceedings; oaths; subpoenas

A record of the proceedings of all hearings shall be taken and filed with the Authority, together with findings and conclusions. In any hearing, any member or a representative designated by the Authority shall be authorized to administer oaths, examine witnesses and issue, in the name of the Authority, notices of hearings or subpoenas requiring the testimony of witnesses and the production of books, records or other documents relevant to any matter involved in such hearing. In case of contumacy or refusal to obey a notice of hearing or subpoena issued under this section, the Superior Court in the county involved shall have jurisdiction, upon application of the Authority or its representative to issue an order requiring such person to appear and testify or produce evidence, as the case may require.

§ 1624. Appeals; notice

(a) Any person whose interest is substantially affected by the action of the Authority may appeal from any order or decision by filing with the secretary of the Authority a notice of appeal. The notice shall be filed within 20 days from the date of mailing of the notice of the order or decision of the Authority and shall be signed by the appellant or his attorney.

(b) Within 20 days from the receipt of the notice of appeal the Secretary of the Authority shall prepare and forward to the appellant or his attorney a transcript of the proceedings together with a copy of the order or decision of the Authority and a copy of the notice of appeal. All documents shall be certified by the secretary of the Authority.

(c) Within 30 days from the filing of the notice of appeal with the secretary of the Authority, the appellant shall file the transcript of the proceedings and the other documents enumerated in subsection (b) hereof with the Superior Court. The Court shall thereafter have complete jurisdiction of the matter.

(d) All appeals shall be taken to the Superior Court of the county in which the circumstances causing the appeal originated.

(e) The Superior Court in which the appeal is perfected shall hear and determine the matter as a suit in law and equity.

§ 1625. Criminal penalties

Whoever creates or continues a nuisance contrary to the provisions of this chapter or violates any of the rules, regulations or orders of the Authority shall be fined not less than $25 or more than $500 for each day such violation continues.

Section 2. There is appropriated to the credit of the Air Pollution Account of the State Board of Health the sum of $4,500 for use by the Authority for the purposes of this Act during the fiscal year ending June 30, 1957.

There is appropriated to the credit of the Air Pollution Account of the State Board of Health the sum of $36,000 for use by the Authority for the purposes of this Act during the biennium ending June 30, 1959.

Section 3. This Act is a supplementary appropriation and the sums hereby appropriated shall be paid out of the General Fund of the State of Delaware.

Approved June 13, 1957.