CHAPTER 289

FORMERLY

SENATE BILL NO. 280

AS AMENDED BY HOUSE AMENDMENT NOS. 3, 5, 7, 8, AND 11 AND

SENATE AMENDMENT NOS. 1, 2 AND 10

AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO INCINERATORS.

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

Section 1. Amend § 6002, Title 7 of the Delaware Code, by inserting therein, between subsections (9) and (11) thereof, a new subsection designated as subsection (10), and by redesignating the remaining subsections as appropriate, as follows:

"(10) ‘Incinerator,’ ‘incinerator structure or facility,’ and ‘waste incinerator,’ include any structure or facility operated for the combustion (oxidation) of solid waste, even if the byproducts of the operation include useful products such as steam and electricity. ‘Incinerator’ shall not include the following activities: 1) crematoriums; 2) disposal of the bodies of animals through incineration; 3) the burning of poultry waste or poultry manure at the same site where the waste or manure was generated, which shall include the burning of poultry waste or poultry manure generated upon an adjacent farm; 4) disposal of all materials used in the discovery, development, and manufacture of veterinary products, medicines and vaccines; or 5) the disposition of mortalities from poultry operations in facilities approved by the Delaware Department of Natural Resources and Environmental Control which comply with United States Department of Agricultural Natural Resources Conservation Service Interim Conservation Practice Standard Incinerator 769, or any successor standard.”

Section 2. Amend § 6003(c), Title 7 of the Delaware Code, by inserting a colon (":") immediately after the word "and" as it appears therein.

Section 3. Further Amend § 6003(c), Title 7 of the Delaware Code, by designating the phrase, "no permit may be granted unless the county or municipality having jurisdiction has first approved the activity by zoning procedures provided by law" as subsection (1) thereof, by striking the period at the end thereof and by substituting in lieu thereof the phrase, "; and".

Section 4. Further Amend § 6003(c), Title 7 of the Delaware Code, by adding thereto the following new subsection:

"(2) no permit may be granted to any incinerator unless:

a. the property on which the incinerator is or would be located is within an area which is zoned for heavy industrial activity; and shall be subject to such process rules, regulations or ordinances as the county, municipality or other government entity shall require by law, such as a conditional use, so that conditions may be applied regarding the health, safety and welfare of the citizens within the jurisdiction; and

b. every point on the property boundary line of the property on which the incinerator is or would be located is (i) at least 3 miles from every point on the property boundary line of any residence, (ii) at least 3 miles from every point on the property boundary line of any residential community, and (iii) at least 3 miles from every point on the property boundary line of any church, school, park, or hospital.”

Section 5. Amend § 6003, Title 7 of the Delaware Code, by adding thereto the following new subsection:

“(i) No county, municipality, or other governmental entity shall issue any building, placement, storage, or occupancy permit or license to any person intending to operate an incinerator unless:

(1) the property on which the incinerator is or would be located is within an area which is zoned for heavy industrial activity; and shall be subject to such process rules, regulations or ordinances as the county, municipality or other government entity shall require by law, such as a conditional use, so that conditions may be applied regarding the health, safety and welfare of the citizens within the jurisdiction; and

(2) every point on the property boundary line of the property on which the incinerator is or would be located is:

a. at least 3 miles from every point on the property boundary line of any residence;

b. at least 3 miles from every point on the property boundary line of any residential community; and

c. at least 3 miles from every point on the property boundary line of any church, school, park, or hospital.”

Section 6. Amend § 6002(23), Title 7 of the Delaware Code, by inserting therein, between the term ‘refuse,’ and the phrase ‘sludge from a waste treatment plant,’ the phrase, ‘refuse-derived fuel, demolition and construction waste wood,’.

Section 7. Further Amend § 6002(23), Title 7 of the Delaware Code, by adding thereto at the end of said subsection, the following sentence:

“Bi-products of a uniform and known composition produced as a result of a production process are not solid wastes when incinerated on-site. All incinerators under State permit as of 3/1/00, and renewal permit applications for these incinerators shall not come under the provisions of this bill.”

Section 8. The Delaware Nutrient Management Commission will review the needs of the agriculture community regarding disposal of various waste or byproducts and the existing technology and means for such disposal. This committee shall report to the Governor and General Assembly its findings and recommendations including any proposed legislation relating to incinerators no later than March 15, 2002.

Approved April 25, 2000