DelawareHB 175 w/ HA 1153rd General Assembly (2024–2026)HouseWALLET

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

7 provisions identified: 0 benefits, 5 costs, 2 mixed.

Higher fees for beach and land work

The law raises DNREC fees for certain construction projects. Coastal construction or dune restoration permits cost $4,500 per application. A Letter of Approval is $500, and a Violation Review is $500. When DNREC approves a land-disturbance plan, it can charge up to $975 per disturbed acre, one time per project. Implementing agencies cannot charge twice for the same land-disturbing activity.

Higher fees for storage tank owners

Aboveground tanks pay higher fees. Annual registration is $700 for 12,499–39,999 gallons and $1,000 for 40,000+ gallons. Construction permits are $3,500 or $9,000 based on tank size, and only the General Assembly can change these fees. Underground tank owners pay $150 per tank each year by February 1, plus a $50 late fee if late. UST contractor certifications cost $750 per company and $300 per on-site supervisor, and last 2 years.

Higher fees on hazardous waste and chemicals

The law raises hazardous‑waste assessments and sets new chemical fees. Generators pay $50/ton for land disposal, $35/ton for treatment or off‑site disposal, and $10/ton for incineration. Facility owners/operators pay $84/ton for land disposal and $64/ton for storage, treatment, or off‑site disposal. Sites with extremely hazardous substances pay $900 for the first unit and $50 for each additional unit, up to 300 units, with a lower maximum schedule for certain propane and ammonium nitrate sites. DNREC also sets annual facility fees, such as $14,000 for a solid or hazardous waste facility and $2,000 for a recycling facility, with tiered composting fees.

New water and wastewater permit fees

DNREC sets many Division of Water fees. NPDES application fees are $250 every 5 years. Major industrial dischargers pay $0.25 per 1,000 gallons, capped at $20,000 per year. Municipal systems pay $0.10 per 1,000 gallons, capped at $15,000 per year. Municipal annual fees start July 1, 2026, with the first year billed at 50% between July 1, 2026 and June 30, 2027. The schedule also sets licensing fees (for example, drilling contractors $250) and charges for biosolids, groundwater, subaqueous works, and dredging ($1.50 per cubic yard plus application fees).

Higher air permit and review fees

DNREC sets many new air permit and complexity fees. Examples include $10,000 for a Variance, $5,000 for a Temporary Emergency Variance, $800–$1,000 for several application types, and $300–$400 annual permit fees. Complexity reviews can cost $6,000 to $24,000. Some sources are exempt from certain fees, including emergency generators and small boilers under 100 MMBTU/hour for MACT, NESHAP, and NSPS fees.

Higher license fees for septic professionals

Septic‑related licenses now cost $100 per year each. Covered licenses include testers, designers, site evaluators, inspectors, installers, and liquid‑waste haulers. DNREC uses these fees to run the program.

Transition rules and DNREC fee list

If your permit or license expires within 90 days after the Act’s effective date, you can submit a complete application in the 90 days before that date and pay the old fee. Applications filed after the effective date, or incomplete ones that stay incomplete past that date, pay the new fees. The law makes DNREC use the new fee schedule in this Act instead of older program fees. Fees not listed in this Act stay in effect if still authorized.

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