CHAPTER 499

FORMERLY

HOUSE BILL NO. 494

AS AMENDED BY SENATE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 7. DELAWARE CODE RELATING TO THE DELAWARE POLLUTION PREVENTION PROGRAM.

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

Section 1. Amend the chapter title, and § 7801, Title 7, Delaware Code, by striking the phrase "Waste Minimization/Pollution Prevention Act" and substituting in lieu thereof the phrase "Pollution Prevention Act".

Section 2. Amend § 7802(b)(1), § 7802(b)(1)b and § 7803(2), Title 7, Delaware Code, by striking the phrase "Waste Minimization/Pollution Prevention" and substituting in lieu thereof the phrase "Pollution Prevention".

Section 3. Amend § 7802(b)(1)c, § 7804(6)(1 )c, and § 7804(b)(2)c, Title 7, Delaware Code, by striking said subsections in their entirety.

Section 4. Amend § 7803, Title 7, Delaware Code, by striking subsections 7803(5) and (9) and adding thereto a new section 7803(5) to read as follows:

"'Pollution Prevention' means any practice which:

(a) reduces the amount of any hazardous substance, pollutant, or contaminant entering any waste stream or otherwise released into the environment (including fugitive emissions) prior to recycling, treatment. or disposal; and

(b) reduces the hazards to public health and the environment associated with the release of such substances, pollutants, or contaminants.

The term includes equipment or technology modifications, process or procedure modifications, reformulation or redesign of products. substitution of raw materials, and improvements in housekeeping, maintenance, training, or inventory control.

The term 'pollution prevention' does not include any practice which alters the physical, chemical, or biological characteristics of the volume of a hazardous substance, pollutant, or contaminant through a process or activity which itself is not integral to and necessary for the production of a product or the providing of a service."

Section 5. Amend § 7804, § 7804(b)(1), § 7804(1)1(1 )b, § 7804(b)(2)a.2, § 7804(b)(2)b, § 7804(b)(2)b.1 and § 7804(c), Title 7. Delaware Code, by striking all uses of the term "waste minimization".

Section 6. Amend § 7804(b)(2)a.1 by striking the phrase "multi-media opportunity audit program" and substituting in lieu thereof the phrase "multimedia waste reduction assistance program".

Approved July 12, 1996