Delaware General Assembly

Signed 7/16/03

The General Assembly has ended, the current status is the final status.

4/2/03

McBride

Sen. DeLuca, McDowell, Sokola, F Simpson
Reps. Valihura, Mulrooney, Quillen, Reynolds, Viola

AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE WITH RESPECT TO ENFORCEMENT OF ENVIRONMENTAL LAWS AND REGULATIONS.

This Bill makes a number of changes in Delaware’s environmental enforcement codes, all designed to further deter individuals from engaging in activity that will pollute Delaware’s environment. The major changes made by the Bill are: The Bill ensures that all non-confidential information regarding chronic violators is made available to the public. The Bill holds corporations and their agents criminally liable not only for intentional and knowing violations of DNREC statutes and regulations, but also reckless submissions of false statements to DNREC and reckless tampering with monitoring equipment. A reckless violation occurs when a person is aware of and consciously disregards a substantial and unjustifiable risk that a false statement or monitoring error exists or will result from the conduct. The risk must be of such a nature and degree that disregard thereof constitutes a gross deviation from the standard of conduct that a reasonable person would observe in the situation. The Bill also creates felony punishments for intentional or knowing violations of environmental laws and regulations, when those violations cause serious physical harm to a person or serious damage to the environment. It also establishes criminal sanctions, including felony sanctions, for some intentional or knowing violations by corporate officers.

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