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Contact the General Assembly to demand the passage of HB 671

HOUSE OF REPRESENTATIVES

140th GENERAL ASSEMBLY

HOUSE BILL NO. 671

AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO COMBINED SEWER OVERFLOWS.

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

WHEREAS, The City of Wilmington and at least one other Delaware jurisdiction discharges untreated sewage into Delaware surface waters through about 40 "Combined
Sewer Overflows"; and

WHEREAS, these Combined Sewer Overflows are a threat to the health of the people of Delaware, and contribute to the polluted condition of Delaware surface waters; and

WHEREAS, many of the overflows are located in Wilmington State Parks; and

WHEREAS, the resources to eliminate Combined Sewer Overflows are available; and

WHEREAS, the City of Wilmington Combined Sewer Overflows are unlikely to be eliminated in the near future without action by the General Assembly.

NOW, THEREFORE:

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

Section 1. Amend Subchapter II, Chapter 60, Title 7, Delaware Code by adding thereto the following:

"§6041 Combined Sewer Overflow.

(a) No Combined Sewer Overflow shall be operated in the State of Delaware after January 1, 2008.

(b) All Combined Sewer Overflows shall be physically removed by January 1, 2008.

(c) No ‘National Pollution Discharge Elimination System’ permits issued in Delaware shall be altered, or reissued, so as to allow increased discharges of pollutants as a
result of Combined Sewer Overflow elimination.

(d) After January 1, 2008, no wastewaters combined with, or mixed with, any sanitary sewage shall be discharged in the State of Delaware at any time, or under any
conditions, unless such wastewaters have received at least ‘secondary treatment,’ or such further treatment as shall be necessary to ensure no measurable impacts on receiving waters, inside or outside of any ‘mixing zones.’

(e) No exemptions or exceptions to the provisions of this section shall be granted by any State agency."

Section 2. The City of Wilmington, and any other affected jurisdiction, shall submit to the General Assembly a report on its plans for compliance with this Act by January
1, 2001. This report shall provide details on (1) the detailed design(s) of the proposed solution, (2) schedule for implementing the proposed solution, (3) resources required to implement the solutions and the sources of those resources, and (4) views of other organizations and jurisdictions interested or impacted.

Section 3. Nothing in this Act shall be construed as removing or shifting any responsibility for compliance from any jurisdictions now operating Combined Sewer Overflows.

SYNOPSIS

The purpose of this Bill is to eliminate the discharge of untreated sanitary sewage in the State of Delaware.

Look for more details in upcoming Green Delaware News. (C) Alan Muller

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GreenDel@dca.net

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Alan J. Muller, Exec. Director
P.O. Box 69
Port Penn, DE 19731
302-834-3466 Voice
302-836-3005 FAX 

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This page was last updated on June21, 2000. 
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