CHAPTER 580

AN ACT RELATING TO THE RECLAMATION OF SOLID WASTE AUTHORIZING THE STATE OF DELAWARE TO BORROW MONEY TO BE USED FOR THE PLANNING AND ENGINEERING DESIGN FOR A PILOT SYSTEM OR PROCESS FOR RECLAMATION OF SOLID WASTE AND TO ISSUE BONDS AND NOTES THEREFOR; AND EMPOWERING THE DEPARTMENT OF HEALTH AND SOCIAL SERVICES TO ADMINISTER, REGULATE AND DISTRIBUTE SUCH FUNDS, AND APPROPRIATING THE MONEY BORROWED TO THE DEPARTMENT OF HEALTH AND SOCIAL SERVICES.

WHEREAS, the health and welfare of the people of this State require that land, water and air be protected against contamination by the disposal of solid waste; and

WHEREAS, the volume of solid waste is rapidly increasing because of the population explosion and modern packaging practices; and

WHEREAS, it is becoming increasingly more difficult to obtain suitable areas for the disposal of this growing volume of solid waste; and

WHEREAS, valuable resources are lost when solid waste is buried or burned; and

WHEREAS, a project for the recycling and reclamation of solid waste would greatly reduce the land area needed for solid waste disposal and would reclaim the valuable resources now lost; and

WHEREAS, the State of Delaware is recognized as the chemical capital of the world and is a center of knowledge and understanding in chemistry, physics and biology, and if this knowledge is pooled and addressed to the problem of solid waste, we in Delaware can solve a major portion of the problem;

NOW, THEREFORE:

Be it enacted by the Generals Assembly of the State of Delaware (three-fourths of all members elected to each house concurring therein):

Section 1. Definitions:

(a) Qualified consultant — A company or firm designated by the Governor's Committee on Solid Waste as the responsible agent of the State for the planning, design, construction and operation of a solid waste reclamation project.

Section 2. The Department of Health and Social Services is hereby empowered to administer the provisions of this act and to distribute the funds provided herein to the qualified consultant. The Department of Health and Social Services shall require the consultant to supply it with estimates of costs, time schedules, the scope of the planning and design activities and any other documentation the Department of Health and Social Services considers reasonable to enable proper identification of the costs of this phase of the pilot reclamation project.

Section 3. There is hereby appropriated to the Department of Health and Social Services the sum of $1,000,000 or so much as shall be received from the sale of bonds and notes hereinafter authorized, which shall be used for the planning and design of a pilot reclamation system or process.

Section 4. Any sums hereby appropriated remaining unexpended or unencumbered on June 30, 1970 shall not revert to the General Fund but any funds hereby appropriated remaining unexpended or unencumbered on June 30, 1971 shall revert to the General Fund.

Section 5. The said sum of $1,000,000 shall be borrowed by the issuance of bonds and bond anticipation notes upon the full faith and credit of the State of Delaware. Such bonds and notes shall be issued in accordance with the provisions of Chapter 74, Title 29, Delaware Code. For purposes of identification, the bonds issued pursuant to this authorization Act may be known, or referred to as "Solid Waste Reclamation Project Bonds of 1971".

Section 6. There is hereby appropriated from the General Fund such sums as may be necessary for the expenses incident to the issuance of the bonds and notes herein authorized, and such further sums as may be necessary to pay any interest which becomes due on such bonds and notes during the current fiscal year and such further sums as may be necessary for the repayment of the principal of any of the said bonds which become due during the current fiscal year. Vouchers for the payment of the expenses incident to the issuance of bonds and notes and for the interest and repayment of said notes shall be signed by the Secretary of State by and with the approval of the Issuing Officers. Any moneys received from the premium and accrued interest on the sale of said bonds shall be deposited to the credit of the General Fund.

Section 7. The Budget Appropriation Bill which shall be enacted and approved by the General Assembly for the fiscal year next following the effective date of this Act and for each subsequent fiscal year or biennium, shall contain under the Debt Service Item provisions for the payment of interest and principal maturities of the bonds (or notes which are not to be funded by the issuance of bonds) issued under the authority of this Act, and such of the revenues of the State of Delaware as are not prohibited by constitutional provisions or committed by preceding statutes for other purposes are hereby pledged for the redemption and cancellation of said bonds and payment of interest thereon.

Approved June 22, 1970.