CHAPTER 419

FORMERLY

SENATE BILL NO. 439

AS AMENDED BY HOUSE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE BY ESTABLISHING A NEW CHAPTER 79 ENTITLED "ENVIRONMENTAL PERMIT APPLICATION BACKGROUND STATEMENT".

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (three-fifths of all members elected to each House thereof concurring therein):

Section 1. Amend Title 7, Delaware Code, by establishing a new Chapter 79 to read as follows:

"Chapter 79. ENVIRONMENTAL PERMIT APPLICATION BACKGROUND STATEMENT. §7901. FINDINGS: PURPOSE

a) The General Assembly finds that:

(C) The discharge of pollutants to Delaware's air and water, and the management and disposal of solid and hazardous wastes in Delaware's environment can create significant risks to public health and environmental quality;

(D) The protection of Delaware's Coastal Zone and subaqueous lands from environmental degradation is a matter of public trust as demonstrated by the enactment of the Delaware Coastal Zone Act, 7 Del. Code, Chapter 70, and the Delaware Subaqueous Lands Act, 7 Del. Code, Chapter 72;

(E) The public has a right to clean air and water, and otherwise to a healthy environment; and,

(F) Because of the importance of these resources to the health and welfare of Delaware citizens, the state has a right and responsibility to ensure that those persons obtaining permits to discharge pollutants, manage wastes, or make commercial use of the coastal zone and the State's subaqueous lands can be trusted to carry out the
responsibilities and conditions of these permits.

b) Purpose. It is the purpose of this chapter to ensure that the

state has adequate information about the background of applicants for NPDES, Air, Hazardous Waste, Solid Waste, Commercial Subaqueous, and Coastal Zone permits issued under the authority of 7 Del, C, Chapters 60, 63, 70, and 72 to identify applicants with histories of environmental violations, or criminal activities and/or associations; or applicants who cannot demonstrate the required responsibility, expertise or competence which is necessary for the proper operation or activity permitted by the Department.

§7902. STATEMENT REOUIRED

Applicants for NPDES, Air, Hazardous Waste, Solid Waste, Commercial Subaqueous, and Coastal Zone permits issued under the authority of 7 Del. C. Chapter 60, 63, 70, and 72, except those facilities which have been permitted by the Department for a period of at least five years shall have on file at the Department, a Statement containing the following information:

(b) A complete list of all current members of the Board of
Directors, all current corporate officers, all persons owning more than 20 percent of the applicant's stock or other resources, all subsidiary companies, parent companies and companies with which the applicant's company shares two or more directors.

(a) a description of all notices of violation, criminal citations, arrests, convictions, or civil or administrative penalties assessed against the applicant or any other person identified under subsection 7902 (a) of this Act for the violation of any environmental statute,

regulation, permit, license, approval, or order, regardless of the state in which it occurred, for the five years prior to the date of the application;

(a) A description of the disposition of any of the items identified pursuant to subsection 7202 (b) and any actions that have been taken to correct the violations that led to such enforcement actions;

(a) A description of any felony or other criminal conviction of any person identified in subsection 7902 (a) that resulted in a fine greater than $1,000 or a sentence longer than 7 days, regardless of whether such fine or sentence was suspended;

(e) Copies of any and all settlements of environmental claims, whether or not such settlements were based on agreements where the applicant did not admit liability.

§7903. CONFIDENTIAL INFORMATION

(3) All information provided pursuant to Subsection 7902 (b) shall be considered public information and shall be considered part of the public record pertaining to the permit application.

(4) If the applicant can demonstrate that information provided pursuant to subsections 7202 a), c), d), and e) is not a matter of public record at the time of the application, and that the release of such information to the public would constitute an invasion of personal privacy or would seriously affect the applicant's business or competitive situation, the applicant may claim that such information is confidential information.

(5) Confidential information shall not be released to the public or made part of the public record and shall only be released to law enforcement personnel performing the background investigation, authorized representatives of the Office of the Attorney General, or sworn law enforcement personnel of other jurisdictions performing similar
investigations on the applicant.

§7904. PERMIT DENIAL. REVOCATION

The Secretary may reject any permit application or revoke any permit upon a finding that:

(4) The applicant withheld or misrepresented any of the information required to be submitted pursuant to §7902 above; or

(b) The applicant has operated or has been associated with any
company or person whom has operated a facility in a manner which casts substantial doubt on the ability or willingness of the applicant to operate the facility for which a permit Is being requested in a manner that will protect the health and welfare of the citizens of Delaware; or

(5) The applicant has offered, conferred or proposed to confer any benefit to an employee of the State of Delaware in the expectation that such offer will result in or contribute to a positive action on the permit application.

§7905. ADDITIONAL INFORMATION: DUTY TO COOPERATE

1) All applicants and permittees have the continuing duty to provide any assistance or information requested by the Department, and to cooperate in an inquiry or investigation or hearing conducted by the Department.

Approved July 20, 1992