Delaware Statutes
The Delaware Constitution provides the powers necessary for the Delaware legislature to pass laws related to environmental regulation. Delaware's Constitution also provides the Delaware Governor with the authority to execute Delaware's laws.
Click here to find the Delaware State representatives who are in charge of environmental protection laws.
See the seminal Delaware environmental laws below.
Title 7 - Conservation
Title 7 of the Delaware Code - "Conservation" - is the primary driver behind the State's environmental protection measures. In Title 7, the Delaware legislature passed laws related to protection of natural resources, wildlife, and pollution control.
Part VII - Natural Resources: CHAPTER 60. ENVIRONMENTAL CONTROL
Delaware's primary environmental protection statutes can be found in Title 7, Chapter 60 "Environmental Control."
See the full text of Chapter 60 here.
Chapter 60 Contains the following subchapters:
Subchapter I. General Provisions
Subchapter II. Powers and Duties of Secretary and Department
Subchapter II-A. Regional Greenhouse Gas Initiative and CO2 Emission Trading Program
Subchapter III. Solid Waste Recycling
Subchapter IV. Ocean Dumping
Subchapter V. Water Utilities
Subchapter VI. Source Water Protection
Subchapter VII. Labeling of Plastic Products
Subchapter VIII. Clean Air Act Title V Operating Permit Program
Subchapter IX. Recycling and Waste Reduction
The purpose behind the Environmental Control statutes is described in the "General Provisions" section.
Subchapter I. General Provisions
§ 6001 Findings, policy and purpose.
(a) Findings. — The General Assembly hereby makes the following findings concerning the development, utilization and control of the land, water, underwater and air resources of the State:
(1) The development, utilization and control of the land, water, underwater and air resources of the State are vital to the people in order to assure adequate supplies for domestic, industrial, power, agricultural, recreational and other beneficial uses;
(2) The development and utilization of the land, water, underwater and air resources must be regulated to ensure that the land, water, underwater and air resources of the State are employed for beneficial uses and not wasted;
(3) The regulation of the development and utilization of the land, water, underwater and air resources of the State is essential to protect beneficial uses and to assure adequate resources for the future;
(4) The land, water, underwater and air resources of the State must be protected and conserved to assure continued availability for public recreational purposes and for the conservation of wildlife and aquatic life;
(5) The land, water, underwater and air resources of the State must be protected from pollution in the interest of the health and safety of the public;
(6) The land, water, underwater and air resources of the State can best be utilized, conserved and protected if utilization thereof is restricted to beneficial uses and controlled by a state agency responsible for proper development and utilization of the land, water, underwater and air resources of the State;
(7) Planning for the development and utilization of the land, water, underwater and air resources is essential in view of population growth and the expanding economic activity within the State.
(b) Policy. — In view of the rapid growth of population, agriculture, industry and other economic activities, the land, water and air resources of the State must be protected, conserved and controlled to assure their reasonable and beneficial use in the interest of the people of the State. Therefore, it is the policy of this State that:
(1) The development, utilization and control of all the land, water, underwater and air resources shall be directed to make the maximum contribution to the public benefit; and
(2) The State, in the exercise of its sovereign power, acting through the Department should control the development and use of the land, water, underwater and air resources of the State so as to effectuate full utilization, conservation and protection of the water and air resources of the State.
(c) Purpose. — It is the purpose of this chapter to effectuate state policy by providing for:
(1) A program for the management of the land, water, underwater and air resources of the State so directed as to make the maximum contribution to the interests of the people of this State;
(2) A program for the control of pollution of the land, water, underwater and air resources of the State to protect the public health, safety and welfare;
(3) A program for the protection and conservation of the land, water, underwater and air resources of the State, for public recreational purposes, and for the conservation of wildlife and aquatic life;
(4) A program for conducting and fostering research and development in order to encourage maximum utilization of the land, water, underwater and air resources of the State;
(5) A program for cooperating with federal, interstate, state, local governmental agencies and utilities in the development and utilization of land, water, underwater and air resources;
(6) A program for improved solid waste storage, collection, transportation, processing and disposal by providing that such activities may henceforth be conducted only in an environmentally acceptable manner pursuant to a permit obtained from the Department.
7 Del. C. 1953, § 6001; 59 Del. Laws, c. 212, § 1.;
Title 7 - Conservation, Continued…
Although Delaware’s main environmental protection statutes are found in Title 7, Chapter 60 Environmental Control, several other chapters of Title 7 may be relevant to environmentalists. Here are some other provisions of Title 7, Conservation statutes that also provide for protection of wildlife and pollution prevention.
Part I - Game, Wildlife and Dogs: CHAPTER 1. PROTECTED WILDLIFE
§ 102 Powers and duties.
(a) The Department shall protect, manage and conserve all forms of protected wildlife of this State, and enforce by proper actions and proceedings the law relating thereto. The Department shall authorize such studies as are necessary to the work of the Department, and shall collect, classify and preserve such statistics, data and information as in its discretion will tend to promote the objectives of Parts I and II of this title.
Part VII - Natural Resources: CHAPTER 67. MOTOR VEHICLE EMISSIONS
§ 6701 Emission standards required for inspection.
Any motor vehicle which is subject to inspection by the Division of Motor Vehicles, or any other duly authorized body, shall, as a condition of compliance with the inspection, pass such tests as may be required to demonstrate that the motor vehicle complies with any standards and requirements, rules or regulations for the control of air contaminants established by the Department of Natural Resources and Environmental Control which are applicable to such motor vehicle.
7 Del. C. 1953, § 6701; 57 Del. Laws, c. 733.
Part VII - Natural Resources: CHAPTER 78. POLLUTION PREVENTION ACT
§ 7802 Findings and purpose.
(a) The General Assembly finds that:
(1) Whenever possible, the generation of waste should be reduced or eliminated as expeditiously as possible, and that waste that is generated should be recovered, reused, recycled, treated or disposed of in a manner that minimizes any present or future threats to human health or the environment;
(2) There may exist many promising technologies for the reduced generation of waste, for recovery, reuse, recycling and treatment of waste; and
(3) Financial commitments by public agencies and private industry for the expeditious development and implementation of waste reduction, recovery, reuse, recycling and treatment technologies depends upon further research as well as credible and timely demonstrations of economic viability, technical feasibility, environmental acceptability and reliability of this technology.
(b) Therefore the General Assembly declares:
(1) The purposes of this chapter are to enhance the protection of human health and the environment, and to establish a multi-media Pollution Prevention Program which will demonstrate and facilitate the potential for pollution prevention and waste minimization in Delaware through focusing on the following objectives:
a. Targeting industries and locations for technical assistance; and
b. Providing pollution prevention, education and outreach; and
(2) That it is the policy of this State, in concurrence with the Delaware Environmental Legacy Report, that waste that is generated should be, in order of priority, reduced at its source, recovered, reused, recycled, treated or disposed of so as to minimize the present and future threat to human health and the environment.
(c) It is the intent of this chapter to complement and be enforced in conjunction with other laws.
Title 21 - Motor Vehicles
Title 21 of the Delaware Code - "Motor Vehicles" - contains a few provisions regarding vehicle emissions and recycling. However, most motor vehicle emissions are governed by Title 7, Chapter 67 "Motor Vehicle Emissions."
Part I - General Provisions: CHAPTER 3. DEPT. OF PUBLIC TRANSPORTATION & DEPT. OF SAFETY AND HOMELAND SECURITY
§ 6701 Emission standards required for inspection.
Any motor vehicle which is subject to inspection by the Division of Motor Vehicles, or any other duly authorized body, shall, as a condition of compliance with the inspection, pass such tests as may be required to demonstrate that the motor vehicle complies with any standards and requirements, rules or regulations for the control of air contaminants established by the Department of Natural Resources and Environmental Control which are applicable to such motor vehicle.
7 Del. C. 1953, § 6701; 57 Del. Laws, c. 733.
See the full text of Chapter 67 here.
Part IV - Miscellaneous: CHAPTER 75. AUTOMOTIVE RECYCLERS
§ 7503 Location requirements.
A person may not be licensed to conduct an automotive recycler business under this chapter unless:
(1) The business is conducted from a building that is adequate and appropriate for automotive recycling as approved by the Division of Motor Vehicles;
(2) The business has a storage area for at least 25 vehicles, the area is properly fenced and screened and the automotive recycler has complied with all of the requirements of Chapter 12 of Title 17 and all rules and regulations adopted pursuant thereto;
(3) The location is properly zoned by the local zoning authority for the operation of an automotive recycler business;
(4) The business be at a fixed location, as specified in the license application; and
(5) There be a substantial and legible sign:
a. That advertises the type of business conducted at the location;
b. That is placed in a manner that is readily seen by the public; and
c. That is in conformance with all state and local regulations, laws and ordinances.
65 Del. Laws, c. 318, § 1.
See the full text of Chapter 75 here.
Part IV - Miscellaneous: CHAPTER 85. LOCOMOTIVE IDLING
§ 8501 Purpose.
The General Assembly finds and determines that the people of this State are entitled to and should be ensured an environment free from the effects of nonessential idling of locomotives between 8 p.m. and 7 a.m., as such nonessential idling degrades the quality of their life, property, and environment.
80 Del. Laws, c. 162, § 1.