Delaware General Assembly

Passed 1/29/20

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

HB 212 w/ HA 1 + SA 1 + HA 5, HA 1 to HA 5 + SA 2, SA 3

1/29/20

McBride

First, this Amendment strikes House Amendments 1 and 5 and House Amendment 1 to House Amendment 5. This Amendment also strikes Senate Amendment 1. Additionally, this Amendment clarifies that the definition of industrial landfill does not include a sanitary landfill or a disposal of hazardous waste. Moreover, this Amendment makes restrictions for any industrial landfill that has not been approved by the Department to accept waste as of the effective date of the Act. Those restrictions include that the county, municipality, or other governmental entity having jurisdiction must be satisfied that all of the following have been established: (1) The property on which the industrial landfill is or would be located is within an area which is zoned for heavy industrial activity. (2) The property is subject to such process rules, regulations or ordinances as the county, municipality, or governmental entity requires by law. (3) Necessary conditions may be applied in order to ensure the health, safety, and welfare of citizens within the jurisdiction. (4) The industrial landfill is at least ¼ mile from any residence, school, park, hospital, residential community, and federally designated wetlands. Finally, this Amendment provides that no permit or modification to a permit may be granted for an industrial landfill that authorizes a maximum height of more than 140 feet. This height restriction applies to any industrial landfill that has not been approved by the Department to accept waste as of the effective date of the Act.

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