HB422 - An Act To Amend Title 7 Of The Delaware Code Relating To Environmental Permits In Overburdened Communities.

9 Co-Sponsors

This Act defines certain facilities which will require an applicant seeking a permit for a new facility, or expansion of an existing facility, or renewal of an existing permit, located in an overburdened community, as defined in the Act, to provide an environmental justice impact report. Facility includes the following commercial, municipal, or industrial businesses located in, or within, a ½ mile radius of an overburdened community: (1) manufacturers of animal food, meat, seafood, tobacco, manufactured homes, chemicals, cement, asphalt, ready-mix concrete, primary metal, nonmetallic mineral products, ammunition or transport equipment; (2) manufacturers of fossil or bio-based fuels, distillates, chemicals and pharmaceuticals; or industrial scale storage of such materials; (3) pulp, paper, paperboard and sawmills; (4) commercial rail, port or water freight docks; (5) landfills, transfer stations, resource recovery, scrap metal or recycle centers or compost operators; (6) warehouses, and distribution, trucking and logistic centers larger than 75,000 square feet; (7) industrial or municipal sewage treatment centers, animal waste management or processing operations and sludge processors; (8) large, concentrated animal feeding operations, as defined by the size threshold in the federal Clean Water Act, regardless of their discharge status; (9) energy generators, as defined in §1001 of Title 26; (10) medical waste incinerators (with the exception of those attendant to a hospital or university intended to process self-generated medical waste); and (11) commercial, municipal, or industrial projects or installations that are not listed in (1) through (10) that are similar in scale, and that currently contribute or upon permit approval would contribute to the cumulative pollution in an overburdened community, which are identified by the Department in conjunction with the Environmental Justice Board.