Environment

This Act seeks to update the fine structure for major commercial polluters. In addition, this Act increases the amount of penalty funds directed to communities near facilities with violations. In summary, this Act imposes higher fines for violations of the following chapters: Chapter 22 of Title 3, relating to nutrient management programs; Chapter 60 of Title 7, relating to environmental control; Chapter 62 of Title 7, relating to oil pollution liability; Chapter 63 of Title 7, relating to hazardous waste management; Chapter 71 of Title 7, relating to noise control and abatement; Chapter 79 of Title 7, relating to chronic violator status; Chapter 91 of Title 7, relating to the Hazardous Substances Cleanup Act; and Chapter 13 of Title 16, relating to stream pollution. In addition, 40 percent, rather than 25 percent, of the civil and administrative funds collected under various environmental regulatory chapters will be appropriated to the Community Environmental Project Fund under § 6042 of Title 7. The Fund will give priority to community environmental projects located within a 2-mile radius of the violation or infraction. This Act adds to the fund 40% of the fines collected for oil pollution and noise control and abatement violations, under Chapter 62 and Chapter 71 of Title 7. This Act further allows DNREC to appeal a decision by the Environmental Appeals Board relating to chronic violator status.

This Act prohibits retail stores and wholesalers from selling, distributing, or offering for sale in this State expanded polystyrene foam food service packaging products, most expanded polystyrene foam coolers, and expanded polystyrene foam loose fill packaging, such as packing peanuts. These types of expanded polystyrene foam products are difficult to recycle and are not accepted in Delaware’s curbside recycling program. Such products typically end up in landfills, where they take hundreds of years to break down. By prohibiting the sale of expanded polystyrene food service packaging products, expanded polystyrene foam coolers, and expanded polystyrene foam loose fill packaging, this Act helps protect the environment from harmful waste. The Act does allow for certain uses of expanded polystyrene packaging (e.g., trays for raw or butchered meat) when necessary for health and safety reasons. This Act also allows for a temporary waiver of its prohibition on expanded polystyrene foam food packaging, expanded polystyrene foam coolers, and expanded polystyrene foam loose fill packaging if there is not a financially feasible or commercially available alternative for a specific expanded polystyrene foam product prohibited under this Act, and the retail store or wholesaler can show that the ban will cause a significant financial hardship. This Act is a Substitute for Senate Bill No. 130. It differs from Senate Bill No. 130 as follows: 1. Specifies that the prohibition on expanded polystyrene foam products is limited to expanded polystyrene foam food service packaging, expanded polystyrene foam coolers, and expanded polystyrene foam loose fill packaging such as packing peanuts. 2. Clarifies that the prohibition on these products applies only to products sold in Delaware, by Delaware retail stores and wholesalers, and narrows the definitions of retail stores and wholesalers accordingly. This change is being made to alleviate concerns that the Act attempted to regulate expanded polystyrene foam products sales in other states. 3. Explicitly excludes food establishments such as restaurants from the definition of “retail store”, as the use of polystyrene foam food service products in food establishments is already regulated under § 3004Q of Title 16. 4. Removes language that had allowed the Department of Natural Resources and Environmental Control the discretion to create new exemptions. 5. Creates an exemption for expanded polystyrene coolers used to transport or ship live fish or other marine life. 6. Consolidates the waiver provisions into a single provision that allows for a 1-year renewable waiver in cases where compliance with is not a financially feasible and commercially available alternative for a specific expanded polystyrene foam product and the retailer or wholesaler can show that the ban will cause significant financial hardship. This Act takes effect on January 1, 2027.