CHAPTER 269

FORMERLY

SENATE BILL NO. 241

AN ACT TO AMEND CHAPTER 64, TITLE 7 OF THE DELAWARE CODE TO REQUIRE THE DELAWARE SOLID WASTE AUTHORITY TO CONDUCT AN ENVIRONMENTAL STUDY, FOCUSING UPON THE DANGERS AND COSTS OF ANY PROPOSED RESOURCE RECOVERY FACILITY OR ANY PROPOSED WASTE INCINERATOR, BEFORE PROCEEDING WITH SITE SELECTION AND CONSTRUCTION OF SAME.

WHEREAS, the Delaware Solid Waste Authority is presently considering the construction of a waste-to-energy incinerator as a means for solid waste disposal; and

WHEREAS, the Environmental Protection Agency stated on February 11, 1991, in the Federal Register, that "emissions from municipal waste incinerators cause or significantly contribute to air pollution which may reasonably be anticipated to endanger public health and welfare"; and

WHEREAS, emissions from incinerators can contribute to the contamination of surface water, groundwater, and soil;

NOW, THEREFORE,

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

Section 1. Amend Chapter 64, Title 7 of the Delaware Code by adding a new §6432 to read as follows:

"§6432. Environmental study to be conducted before site selection and .construction of any proposed resource recovery facility or any proposed waste incinerator: copies to be filed with the Governor the President Pro Tempore of the Senate. and the Speaker of the House of Representatives.

Notwithstanding any provision of this title to the contrary, the Authority shall conduct an environmental study, focusing upon the dangers and costs of any proposed resource recovery facility or any proposed waste incinerator, including the potential of same upon air, water, and soil quality, and the Authority shall file copies of any such environmental study with the Governor. the President Pro Tempore of the Senate, and the Speaker of the House of Representatives, before proceeding with site selection and construction of any proposed resource recovery facility or any proposed waste incinerator."

Section 2. This Act shall become effective upon its enactment into law, and shall apply to any resource recovery facility or any waste incinerator proposed or under consideration by the Delaware Solid Waste Authority as of the effective date of this Act or at anytime thereafter.

Approved June 27, 1994.