CHAPTER 135

FORMERLY

HOUSE BILL NO. 378

AN ACT TO AMEND CHAPTER 60, TITLE 7, OF THE DELAWARE CODE RELATING TO OCEAN DUMPING.

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

Section 1. Amend Chapter 60, Title 7, Delaware Code by adding thereto a new subchapter to read as follows:

"SUBCHAPTER IV. Ocean Dumping.

§6070. Title.

This Act shall be known as the Ocean Solid Waste Dumping Elimination Act.

§6071 Purpose.

The General Assembly finds that historically millions of tons of solid waste have been disposed in the ocean, that these solid wastes are ocean rather than land disposed in recognition of the threat posed by the presence of contaminants, or that it is simply cheaper to dispose of such wastes in the ocean; that the United States Environmental Protection Agency has affirmed a termination of ocean dumping as Its adopted policy, a goal undermined by continuing ocean disposal of solid waste; and that there are deleterious effects of waste disposal on the ocean environment. Therefore, it is the intent of this General Assembly to prohibit ocean disposal of solid waste.

§6072. Prevention.

The provisions of any other law, rule or regulation to the contrary notwithstanding, all disposal of solid waste into the ocean waters of the State is hereby prohibited.

§6073. Penalty.

Whoever violates §6072 of this Act shall be fined not less than $100,000 nor more than $500,000 for each violation and there shall be no suspension of the fine. The Superior Court shall have jurisdiction over violations of §6072.

Approved July 18, 1989.