CHAPTER 733

AN ACT AMENDING TITLE 7, DELAWARE CODE, PROVIDING FOR CONTROL OF EMISSIONS FROM ANY MOTOR VEHICLE AS PROVIDED BY TITLE 7, DELAWARE CODE, CHAPTER 67.

Be it enacted by the General Assembly of the State of Delaware (two-thirds of all the members elected to each branch thereof concurring therein):

Section 1. Title 7, Delaware Code, is hereby amended by inserting a new Chapter to read as follows:

Chapter 67 MOTOR VEHICLE EMISSIONS

§ 6701. Emission standards required for inspection

Any motor vehicle which is subject to inspection by the Division of Motor Vehicles or any other duly authorized body shall, as a condition of compliance with said inspection, pass such tests as may be required to demonstrate that the motor vehicle complies with any standards and requirements, rules or regulations for the control of air contaminants established by the Department of Natural Resources and Environmental Control which are applicable to such motor vehicle.

§ 6702. Violations

Any person who operates a motor vehicle or owns a motor vehicle which he permits to be operated, upon the public highways of the State which emits smoke and other air contaminants in excess of standards, rules or regulations adopted by the Department shall be liable to a penalty of not less than $50.00 nor more than $100.00 which may be enforced in accordance with the provisions of Title 21, Delaware Code.

§ 6703. Standards for vehicle emissions

The Department shall have the power to formulate and promulgate, amend and repeal codes, rules and regulations establishing standards and requirements for the control of air contaminants from motor vehicles.

§ 6704. Applications of standards

Any code, rule or regulation establishing standards and requirements for the control of air contaminants from motor vehicles shall be applicable to such classification of motor vehicles as the Department shall determine to be necessary to carry out the purpose of this Act and shall apply to such motor vehicles not earlier than 180 days from the date of adoption.

§ 6705. Application consistent with federal law

Such codes, rules and regulations shall establish standards and requirements for the control of air contaminants from motor vehicles manufactured with air pollution control devices, systems or engine modifications consistent with the requirements of the "Motor Vehicle Air Pollution Control Act" (77 Stat. 392, 42 U.S.C. 1857) and any amendments and supplements thereto.

§ 6706. Standards attainable by properly functioning vehicles

Such codes, rules and regulations shall establish standards and requirements for the control of air contaminants which can reasonably be attained by properly functioning motor vehicles without the addition of any pollution control devices, systems, or engine modifications provided such vehicles were not manufactured with pollution control devices, systems, or engine modifications in accordance with the "Motor Vehicle Air Pollution Control Act" (77 Stat. 392, 42 U.S.C. 1857).

§ 6707. Formulation of rules and regulations

All codes, rules and regulations shall be formulated and promulgated in the manner provided for in Title 7, Delaware Code, Chapter 60.

§ 6708. Implementation; department's standards

The Division of Motor Vehicles, after consultation with the Department of Natural Resources and Environmental Control shall institute such testing procedures recommended by Department of Natural Resources and Environmental Control to effectively demonstrate that the emissions from motor vehicles passing through the inspection lanes are in accordance with the standards, codes, rules or regulations of the Department of Natural Resources and Environmental Control.

§ 6709. Applicability

This Chapter shall become applicable for motor vehicle inspection beginning January 1, 1971 and continuing thereafter.

Approved July 20, 1970.