CHAPTER 507

FORMERLY

HOUSE BILL NO. 571

AS AMENDED BY HOUSE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 60, TITLE 7, DELAWARE CODE RELATING TO THE REPORTING OF A DISCHARGE OF A POLLUTANT OR AN AIR CONTAMINANT AND PROVIDING FOR CRIMINAL SANCTION AND JURISDICTION FOR DISCHARGE OF A POLLUTANT.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend §6028, Chapter 60, Subchapter II, Title 7 of the Delaware Code by deleting said Section M its entirety and substituting in lieu thereof the following:

"§6028. Report of a Discharge of a Pollutant or an Air Contaminant.

Any person who causes or contributes to the discharge of an air contaminant into the air or a pollutant into surface water, ground water or on land, or disposal of solid wastes, either in excess of any condition specified in any permit or variance duly issued by the Department, or in the absence of a permit or variance, shall report such an incident to the Department at such person's earliest opportunity after said discharge has occurred.

The reporting requirements under this Section are in addition to, and not in lieu of, any other discharge reporting requirements found in any other state, federal, county or local government statutes, regulations or ordinances. For purposes of this Section, the requirement that all discharges be reported to the Department at the earliest opportunity shall mean that the person who causes or contributes to the discharge shall first contact the Department in person or by telephonic communication at said person's earliest opportunity after said discharge. At the Department's discretion, the Department may require said person to file a written report with the Department describing the facts and circumstances relating to the cause and results of the discharge in question. Any person who knowingly fails to comply with the requirements of this Section shall, upon conviction, be fined not less than $500, nor more than $5,000, or imprisoned for 6 months, or both. The Superior Court shall have Jurisdiction of offenses under this Section."

Approved July 9, 1986.