CHAPTER 748

FORMERLY

SENATE JOINT RESOLUTION NO. 66

AS AMENDED BY

HOUSE AMENDMENT NO. 1

DIRECTING THE SECRETARY OF THE DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL TO TAKE POSITIVE ACTION IN THE MATTER OF PROTECTING JOBS WHILE ABATING AIR POLLUTION IN THE STATE.

WHEREAS, the economy of the State of Delaware depends upon its citizens finding and maintaining productive employment; and

WHEREAS, the quality of the environment in Delaware must be improved and maintained to protect the health and welfare of the citizens of Delaware; and

WHEREAS, the Secretary of the Department of Natural Resources and Environmental Control must enforce the laws of the State of Delaware; and

WHEREAS, Phoenix Steel Corporation, a major employer in the State of Delaware has not been able to meet the Environmental Control regulations of the State because of severe financial problems; and

WHEREAS, the new owners of the Phoenix Steel Corporation, Creusot-Loire have requested 81 months of time to comply with Environmental Control regulations.

NOW, THEREFORE:

BE IT RESOLVED by the Senate and the House of Representatives of the 128th General Assembly of the State of Delaware, with the approval of the Governor as attested by his signature affixed hereto, that the Secretary of the Department of Natural Resources and Environmental Control is directed to enter into a Consent Decree withPhoenix Steel Corporation under the auspices of the appropriate court or courts, provided that:

(1) Within thirty (30) days after notification by the Secretary of the required interim steps, Phoenix Steel Corporation shall furnish the Department with a completion schedule encompassing the interim steps to assure compliance with State laws and regulations under 7 Delaware Code, Chapter 60 within fifty-seven (57) months.

(2) Failure to achieve compliance with the interim steps shall be deemed as non-compliance with the Consent Decree.

(3) The Secretary shall take prompt legal action as necessary to assure compliance with State laws and regulations under 7 Delaware Code, Chapter 60 should Phoenix Steel Corporation fail to enter into the Consent Decree within sixty (60) days from the date of notification by the Secretary or fail to meet the compliance schedule specified in the Consent Decree.

Approved July 7, 1976