CHAPTER 288

FORMERLY

HOUSE SUBSTITUTE NO. 1

FOR

HOUSE BILL NO. 391

AN ACT TO AMEND CHAPTER 60, TITLE 7, DELAWARE CODE RELATING TO THE REPORTING OF A DISCHARGE OF A POLLUTANT OR AN AIR CONTAMINANT.

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:

"Section 6028. REPORT OF DISCHARGE OF POLLUTANT OR 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, groundwater or on land, or disposal of solid waste in excess of any reportable quantity specified under either regulations implementing §102 of the Federal Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, §311 of the Clean Water Act of 1980, as amended, or Department regulations, whichever restriction is most stringent, shall report such an incident to the Department immediately upon discovery of said discharge and activating their emergency site plan unless circumstances exist which make such notification impossible. Discharges in compliance with a validly issued State permit or in compliance with other State and Federal regulations are exempt from the reporting requirement.

(b) The Department may adopt regulations revising the list, referred to above in Paragraph (a), of pollutants or air contaminants and their reportable quantities which are to be reported to the Department.

(c) 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.

(d) For the purpose of this Section, notification to the Department can be in person or by telephone communication. At the Department's discretion, the Department may require said person to file a written report with the Department describing in detail the facts and circumstances of the discharge and measures proposed to prevent such discharge from occurring in the future.

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

(f) Any person who violates this Section or any rule or regulations duly promulgated thereunder shall be punishable as follows:

(1) By a civil penalty of not less the $1,000 nor more then $10,000 for each violation; or

(2) For knowingly failing to comply, by a fine of not less than $2,500 nor more than $25,000 or imprisonment up to 6 months, or both.

The Superior Court shall have jurisdiction for enforcement of this Section."

Section 2. The Department shall within 90 days of the adoption of this Act, propose regulations implementing the new 7 Del. C. §6028, specifying reporting procedures, forms to be used, and such State Reportable Quantities as it deems appropriate. The Department shall have the authority to amend such regulations from time to time as specified under this Chapter.

Section 3. No action or prosecution pending on the effective date of this Act for any offense committed or for the recovery of any penalty incurred under any of the laws repealed by this Act shall be affected by this Act.

Approved July 2, 1990.