CHAPTER 272

FORMERLY

HOUSE SUBSTITUTE NO. 1

FOR

HOUSE BILL NO. 491

AN ACT TO AMEND CHAPTER 3B5, VOLUME 63, LAWS OF DELAWARE AS AMENDED BY CHAPTER 111, VOLUME 64, LAWS OF DELAWARE AND CHAPTER 16, VOLUME 65 OF THE LAWS OF DELAWARE AND CHAPTERS 60 AND 64, TITLE 7 OF THE DELAWARE CODE RELATING TO THE DEFINITION OF BEVERAGE CONTAINER AND THE DEVELOPMENT OF A MATERIAL AND ENERGY RECOVERY PROJECT IN KENT COUNTY OR SUSSEX COUNTY.

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

WHEREAS, aluminum beverage containers have been excluded from application of Subchapter III, Chapter 60, Title 7 of the Delaware Code; and

WHEREAS, such exclusion is scheduled to expire on January I, 1992: and

WHEREAS, the Delaware Solid Waste Authority ("Authority"), established

pursuant to 7 Del. C. Ch. 64, operates the Delaware Reclamation Project serving New Castle
County, which reclaims aluminum cans from the solid waste generated in New Castle County; and

WHEREAS, if a material and energy recovery facility, capable of reclaiming aluminum from solid waste, were constructed by the Authority to serve Kent County and/or Sussex County, recycling of aluminum could be achieved so that including cans within the scope of Subchapter III, Chapter 60 of Title 7, of the Delaware Code would not be necessary; and

WHEREAS, the General Assembly has determined that the public interest would best be served by significantly extending the period until aluminum beverage containers are Included within the scope of said law and to direct the Authority to develop a material and energy recovery facility in Kent County and/or Sussex County; and

WHEREAS, it is the intent of the General Assembly that such facility be completed and in operation on or before December 31, 1993 and, to that end, it has determined that annual reports on the progress of such efforts should be filed.

NOW, THEREFORE:

BE IT ENACTED by the General Assembly of the State of Delaware:

Section 1. Amend Section 1 of Chapter 16, Volume 65, Laws of Delaware, by striking the date "January 1, 1992" and inserting in lieu thereof the date "January I, 1994."

Section 2. Amend Chapter 64 of Title 7 of the Delaware Code by adding a new section as follows:

"Section 6429. Material and Energy Recovery Facility for Kent County and Sussex

County.

a. The Authority is directed to study, finance, design, develop, Implement and
operate a material and energy recovery facility at either or both of the sites where it now owns and operates landfills in Kent County and Sussex County or at such other site as It may select In accordance with the prvision of this Chapter to serve Kent County and Sussex County.

b. The Authority shall file a report with the Governor, the President Pro Tempore of the Senate, and the Speaker of the House of Representatives on or before the first day of May in each year commencing with 1989 on the status of Its efforts to develop a material and energy recovery facility to serve Kent County and Sussex County."

Section 3. In the event that operation of the material and energy recovery facility

referenced In Section 2 hereof Is commenced on or before January I, 1994, then Section 2 of Chapter 385, Volume 63, Laws of Delaware as amended, is repealed.

Approved June 17, 1988.