DelawareHB 175153rd General Assembly (2024–2026)House

AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO THE DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL FEES AND ASSESSMENT AND TO AUTHORIZE AND APPROVE VARIOUS DNREC FEES AND ASSESSMENTS.

Sponsored By: Debra Heffernan (Democratic)

Signed by Governor

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Bill Overview

Analyzed Economic Effects

17 provisions identified: 0 benefits, 14 costs, 3 mixed.

Coastal project applicants pay permit fees

Coastal construction and mechanical dune restoration permit applications cost $4,500. A letter of approval costs $500. Violation reviews cost $500 for each violation reviewed.

Homeowners pay septic and well fees

Septic site reviews, repairs, component replacements, connection approvals, Class H reviews, system permits, and holding tank inspections cost $250 each. System compliance inspections cost $100; subdivision feasibility reviews, waivers, variances, and product approval applications cost $1,000 each. Septic product approval renewal costs $250 every five years. Listed well, soil boring, and connection applications cost $250 each, including domestic, agricultural, geothermal, industrial, irrigation, and public wells. Well-related waiver or variance applications cost $1,000 each.

Waterfront applicants pay dredging and lease fees

Listed dock, pier, fill, amendment, authorization, and salvage permit applications cost $250. New dredging costs $1.50 per cubic yard plus $250 per application. Maintenance dredging costs $250 per application, plus $500 per event below 500 cubic yards or $1,000 at 500 cubic yards or more. Listed 10-year leases for docks, piers, fill, transmission lines, pipelines, and salvage cost $250 to apply; amendments also cost $250. Annual lease charges are $0.02 per square foot for filled lands aquatic and wetland vegetation, or $0.10 for beach restoration and vegetation stabilization or protection.

Water professionals pay licensing and exam fees

Percolation testers, septic system designers, and site evaluators pay $100 annually per license, up from $40. Drilling and pump installation contractor applications cost $250; well driller, pump installer, and wastewater operator license applications cost $100. Waste hauling transporter permits and emergency wastewater operator licenses cost $500. Specified wastewater operator and water supply late renewals cost $50; the water supply examination costs $100. Additional examination and license-granting fees for listed professionals and contractors require General Assembly approval.

Businesses pay air permit and operating fees

Air-quality variance applications cost $10,000; temporary emergency variance applications cost $5,000. Listed permit fees range from $100 to $1,000, including $800 for fuel-burning equipment, crematories, and emergency generators. Listed annual fees range from $100 to $600, including $300 for fuel-burning equipment and $600 for dry cleaners. Sources subject to the separate air-fee program under Delaware law are exempt from natural minor permit fees when payments are current.

Businesses pay more for complex air reviews

Minor new-source review applications cost $6,000; emission offset and major pollution-prevention reviews cost $24,000. Reviews under federal air-emission standards and distributed-generator reviews cost $6,000. Reviews of federally enforceable laws and confidentiality requests cost $3,000. A $3,000 proximity review fee applies within 500 feet of a residence, school, or park, subject to listed exclusions. Emergency generators and boilers under 100 million British thermal units per hour are exempt from the specified federal air-standard review fees.

Groundwater and irrigation operators pay new fees

Applications for large septic drainfields, rapid infiltration basins, underground injection systems, and irrigation spray systems cost $250. Listed nonmunicipal systems pay $0.25 per 1,000 gallons annually, capped at $20,000 per entity. Municipal systems pay $0.10 per 1,000 gallons annually, capped at $15,000 per entity. Municipal annual fees begin July 1, 2026. Municipal permit holders pay 50% of the annual fee for July 1, 2026–June 30, 2027.

Hazardous substance facilities face higher reporting fees

Standard annual fees for extremely hazardous substances are at least $900 for the first whole unit and $50 per additional unit. The schedule covers no more than 300 units. Qualifying stationary sources reporting propane and ammonium nitrate retain maximum rates of $500 for the first unit and $25 per additional unit. That exception requires a potential release at or above the sufficient quantity stated in the source's risk management plan. The exception also covers no more than 300 units.

Hazardous waste businesses lose fee caps

The law removes the $10,000 general annual cap on hazardous waste program fees. It also removes the $500 annual cap for small businesses. Delaware's environmental agency can set reasonable fees by regulation to cover program administration. This provision does not set the resulting fee amounts.

Large aboveground tank owners pay higher fees

Annual registration for tanks holding 12,499–39,999 gallons rises from $300 to $700; construction permits rise from $1,500 to $3,500. For tanks holding at least 40,000 gallons, annual registration rises from $750 to $1,000; construction permits rise from $3,750 to $9,000. Annual registration is due by February 1 after the initial registration period, with a 10% late charge. Construction fees apply to tanks built after the related regulations take effect. Changes to these registration and construction fees require prior General Assembly approval.

Underground tank owners and contractors pay more

Underground tank registration costs $150 per tank annually, up from $50. Payment must arrive by February 1 each year; the late charge rises from $30 to $50. Tank contractor company certification costs $750, up from $250. On-site supervisor certification costs $300, up from $100. Both certifications last two years.

Waste and gasoline facilities pay program fees

Solid waste facilities pay $14,000 annually, and recycling facilities pay $2,000 annually. Composting facility fees are $400, $4,000, or $9,000 for classes 1, 2, or 3. Scrap tire disposal fees are $500 for class 1 and $750 for class 2. Gasoline vapor-control system construction costs $1,000 for bulk gasoline systems or $500 for dispensing systems. Gasoline dispensing vapor-control systems also pay $275 annually.

Wastewater operators pay discharge and permit fees

Wastewater discharge applications and amendments cost $250; applications recur every five years, and industrial stormwater permits cost $250 annually. Industrial and non-industrial dischargers pay $0.25 per 1,000 gallons annually, capped at $20,000 per entity. Municipal discharge fees begin July 1, 2026, at $0.10 per 1,000 gallons, capped at $15,000 annually. Municipal permit holders pay 50% of that annual fee for July 1, 2026–June 30, 2027. Wastewater construction permits cost $5,000 for major facilities or $2,500 for minor facilities; sewer collection applications cost $2,500. Annual biosolids fees are $250 per dry ton for agricultural use, $25 per ton for in-state distribution, and $250 per ton for out-of-state distribution, each capped at $10,000. Septage fees are $500 annually below 50,000 gallons, or $1,000 at 50,000 gallons or more; Delaware political subdivisions are not exempt from the listed biosolids annual fees. The schedule also covers bulk storage, temporary discharges, aquatic pesticides, concentrated animal feeding operations, and municipal storm sewers.

Land project applicants face higher review caps

Delaware's environmental agency can charge up to $975 per disturbed acre per project, replacing the former $80 maximum. This applies when the agency approves plans for a land-disturbing activity that requires a permit. Actual charges follow the agency's fee schedule and cannot exceed the new ceiling. The agency cannot duplicate fees for one activity, and charges must reflect program administration and implementation costs.

Hazardous waste assessments lose floors and ceilings

Hazardous waste generators pay annual assessments of $50 per ton for land disposal, $35 for specified off-site handling, or $10 for incineration. Facility owners and operators pay $84 per ton for land disposal, or $64 for off-site storage, treatment, or disposal excluding land disposal. These assessments cover waste generated or handled after October 1, 1986. The law removes the $50 annual minimum and $40,000 annual maximum per person, regardless of facility count. Removing the floor can lower small assessments, while removing the ceiling exposes larger operations to higher totals.

Permit holders get limited old-fee transition

The law generally takes effect 180 days after enactment, replacing equivalent fees approved under earlier laws. Applications submitted after the effective date use the new fees. Current holders can pay the old fee when their permit or license expires within 90 days after that date. They must submit a complete application during the 90 days before that date; applications still incomplete afterward use new fees. Delaware's environmental agency must publish a complete public fee list, and many fee collections fund the agency or administering division.

Water users pay fees; farms avoid annual charges

Listed large water-withdrawal systems pay $250 for an allocation permit. Public, industrial, and commercial systems pay $0.25 per 1,000 gallons annually, capped at $20,000 per entity. Agricultural systems have no annual allocation fee. Municipal annual fees begin July 1, 2026, at $0.10 per 1,000 gallons; first-year billing is 50% through June 30, 2027. The supplied allocation schedule writes the municipal cap as "$15,0000," while the bill summary reports $15,000.

Sponsors & Cosponsors

Sponsor

Debra Heffernan
Democratic • House

Cosponsors

Stephanie L. Hansen
Democratic • Senate
Kerri Evelyn Harris
Democratic • House
Kyra L. Hoffner
Democratic • Senate
Larry Lambert
Democratic • House
S. Elizabeth Lockman
Democratic • Senate
Melissa Minor-Brown
Democratic • House
Eric Morrison
Democratic • House
Josue O Ortega
Democratic • House
Edward S. Osienski
Democratic • House
Trey Paradee
Democratic • Senate
Sophie Phillips
Democratic • House
Nicole Poore
Democratic • Senate
Claire Snyder-Hall
Democratic • House
David P. Sokola
Democratic • Senate
Bryan Townsend
Democratic • Senate
John "Jack" Walsh
Democratic • Senate

Roll Call Votes

All Roll Calls

Yes: 41 • No: 19

Senate vote • 6/18/2025

Passed (3/5 required)

Yes: 15 • No: 5

House vote • 6/12/2025