SENATE BILL NO. 411
AS AMENDED BY SENATE AMENDMENT NO. 1
AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE PROHIBITING THE DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL FROM ENTERING INTO ANY AGREEMENT DIRECTING THAT A THIRD PARTY PAY MONIES TO ANY ENTITY OTHER THAN THE DEPARTMENT.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE :
Section 1. Amend §8003 of Title 29 of the Delaware Code by creating a new subsection to read as follows:
“(15) Not, any other law or regulation to the contrary notwithstanding, have authority to enter into any agreement with any person or entity subject to the Secretary’s review or control which requires said person or entity to pay monies to any third party other than the Department as part of an enforcement action, or to induce the Department to refrain from taking an enforcement action provided said limitation shall not apply for any provision negotiated as part of a settlement agreement or conciliatory order that would allow such person to undertake a supplemental environmental project that would result in an environmental benefit beyond that which is required under existing or anticipated regulations or standards.”
Approved July 01, 2000