DelawareHB 210153rd General Assembly (2024–2026)House

AN ACT TO AMEND TITLES 3, 7, AND 16 OF THE DELAWARE CODE RELATING TO THE ENVIRONMENT.

Sponsored By: Larry Lambert (Democratic)

Signed by Governor

Personalized for You

How does this bill affect your finances?

Personalize government policy and PRIA will tell you what this bill means for your household, plus every other piece of legislation we track. PRIA reads each provision against your financial profile to show you exactly what matters to your wallet.

Free to download

Bill Overview

Analyzed Economic Effects

8 provisions identified: 1 benefits, 6 costs, 1 mixed.

More project funding for pollution-hit communities

The Community Environmental Project Fund gets 40% of covered civil and administrative penalties, up from 25%. At least 40% of covered criminal penalties goes to the Fund; the law directs the remaining 60% to the department. The secretary prioritizes the most-impacted communities, considers projects within two miles, and consults the Community Involvement Advisory Council. The department must record each penalty’s location and notify eligible communities about funding and projects. Spending is not required where no suitable local project exists; waivers need approval from the state budget director and Controller General. All penalty proceeds enter a Penalty Fund Account, and expenditures or transfers require those officials’ approval. The department reports quarterly and annually to the Joint Finance Committee on progress, recipient selection, and use of funds. Funding depends on penalties collected and does not provide direct household payments.

Cleanup order violators face higher costs

People who refuse hazardous substance cleanup orders face penalties up to $40,000 per day, up from $10,000. Daily penalties run from the environmental secretary’s decision until full compliance. Violators also remain liable for the State’s cleanup costs, from the full cost up to three times that amount.

Drinking water polluters face higher fines

People who make prohibited discharges into streams supplying drinking water face fines of $5,000–$15,000, up from $1,000–$5,000. The rule covers substances that harm health or make the water smell or taste unpleasant.

Higher daily fines for environmental violators

Courts can impose $5,000–$40,000 per completed environmental control violation, up from $1,000–$10,000; each continuing day counts separately. Oil pollution penalties rise from $1,000–$10,000 to $5,000–$40,000 per day. Hazardous waste penalties rise from $1,000–$25,000 to $5,000–$40,000 per day, including violations of permits, approvals, and orders. The environmental secretary can assess administrative penalties up to $40,000 per day, up from $10,000. Violators receive written notice and have 30 days to request a public hearing. The environment department can sue in Superior Court to collect unpaid penalties, interest, attorneys’ fees, and costs.

Higher fines for farm nutrient violations

People found guilty of breaking nutrient management rules face fines of $250–$5,000 per violation, up from $25–$1,000. Each continuing day can count separately, with a total fine limit of $40,000. The Commission must give notice and a hearing opportunity before imposing fines or changing, suspending, or revoking a certificate. Collected fines can support Agriculture Department compliance assistance or applied research.

Noise violators face higher daily fines

Ordinary noise violations carry fines of $250–$2,500 each, up from $25–$500. Each day counts as a separate violation. Willful or negligent violations carry $1,000–$10,000 per day, up from $500–$3,000. The rules cover violations of noise laws, regulations, approved exceptions, and orders to stop.

Repeat environmental offenders pay higher fines

A first environmental control conviction carries a $500 fine for each day of violation. Another conviction for the same offense within 10 years carries $5,000 per day, up from $500–$1,500. These fines cover violations of environmental rules, permit conditions, and the secretary’s orders. An offender convicted of failing to obtain a required permit also pays the permit cost plus a 25% surcharge.

Repeat polluters face fines and hearings

Parties labeled chronic violators face administrative penalties up to $40,000 per day per violation, up from $10,000. Some simultaneous or on-and-off violations can count separately within one day. The Environmental Appeals Board decides chronic violator status through formal hearings with evidence rules and witness questioning. Decision-makers must consider economic effects and federally identified high-priority violations; the separate state-of-mind factor is removed. Either party can appeal the Board’s decision or any part of its order to Superior Court, not just the party labeled a chronic violator.

Sponsors & Cosponsors

Sponsor

Larry Lambert
Democratic • House

Cosponsors

Stephanie T. Bolden
Democratic • House
Frank Burns
Democratic • House
Mara Gorman
Democratic • House
Stephanie L. Hansen
Democratic • Senate
Kerri Evelyn Harris
Democratic • House
Debra Heffernan
Democratic • House
Kamela T Smith
Democratic • House
S. Elizabeth Lockman
Democratic • Senate
Sean M. Lynn
Democratic • House
Melissa Minor-Brown
Democratic • House
Eric Morrison
Democratic • House
DeShanna U Neal
Democratic • House
Edward S. Osienski
Democratic • House
Sophie Phillips
Democratic • House
Marie Pinkney
Democratic • Senate
Nicole Poore
Democratic • Senate
Cyndie Romer
Democratic • House
Melanie Ross Levin
Democratic • House
Sherae'a Moore
Democratic • House
Ray Seigfried
Democratic • Senate
David P. Sokola
Democratic • Senate
Bryan Townsend
Democratic • Senate
Madinah Wilson-Anton
Democratic • House

Roll Call Votes

All Roll Calls

Yes: 43 • No: 18

Senate vote • 6/30/2025

Passed (SM required)

Yes: 15 • No: 6

House vote • 6/24/2025