CHAPTER 221

FORMERLY

HOUSE BILL NO. 330

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 POLLUTANT.

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

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

§6028. Report of a discharge of a pollutant or an air contaminant.

(a) Any person who causes or contributes to the discharge of an air contaminant into the air or a pollutant, including petroleum substances, into surface water, ground water, or on land, or disposal of solid wastes in excess of any reportable quantity specified under either regulations implementing Section 102 of the Federal Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, Section 311 of the Clean Water Act of 1980 as amended, or Department regulations, whichever are more strict, shall report such an incident to the Department at such person's earliest opportunity after said discharge has occurred.

(b) 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.

(c) For the purpose of this Section, notification to the Department can be in person or by telephonic communication. 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 the results of the discharge In question.

(d) Discharges of an air contaminant or pollutant (including petroleum substances) that are wholly contained within a building are exempt from the reporting requirements.

(e) Any person who knowingly falls 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 six months, or both. The Superior Court shall have jurisdiction of offenses under this Section."

Approved April 8, 1988.