Legislation For Consideration From The CLNCC

One of the best practices of citizen participation in our government is to write our own suggested legislation. This way we stay one step ahead of the lobbyists (long known to write legislation for elected officials). In this case we are staying one step ahead of the development community who would have us give over public lands for their waste disposal needs. The CLNCC has prepared the following resolution and bill package to be considered in the next General Assembly's session.
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Civic League For New Castle County
November 21, 2006

RESOLUTION Recommending State Legislation be Passed by the Delaware General Assembly to Prohibit the use of State owned parks, fish and wildlife areas, forest lands or historical properties for Wastewater Disposal
Whereas, state parks, fish and wildlife areas, state forests and historical properties have been acquired and will continue to be acquired for conservation and recreational purposes; and
Whereas, the public has supported the acquisition of these properties for conservation and recreational purposes; and
Whereas, any diverted use of these lands for other purposes that may degrade these lands and impact the public's access to these lands may be proposed; and
Whereas, these lands are being considered by developers, municipalities and their consultants as a cheap source of land for the application of wastewater,
Whereas, all new development should pay for the cost of any infrastructure required to support them without a burden to the tax paying public or through public subsidies for new development; including subsidizing development with the use of public trust conservation lands,

Now, therefore,
Be it resolved by the Board of the New Castle County Civic League that:
No state owned parks, fish and wildlife areas, forest lands or historical properties shall be used for sites upon which or into which waste water or treated waste water from municipal, county or community owned sewage treatment plants will be applied or injected.

The Delaware General Assembly should amend Section 7502 , Chapter 75, Title 7 of the Delaware Code to specifically prohibit such use of public lands. (Sample House or Senate Bill Attached)

House of Representatives (Senate)
14_ GENERAL ASSEMBLY
HOUSE BILL NO. ____
AN ACT TO AMMEND TITLE 7 OF THE DELAWARE CODE RELATING TO CONSERVATION.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Whereas, state parks, fish and wildlife areas, state forests and historical properties have been acquired and will continue to be acquired for conservation and recreational purposes; and
Whereas, the public has supported the acquisition of these properties for conservation and recreational purposes; and
Whereas, any diverted use of these lands for other purposes that may degrade these lands and impact the public's access to these lands may be proposed; and
Whereas these lands are being considered by developers, municipalities and their consultants as a cheap source of land for the application of wastewater,
NOW THEREFORE:
Section 7502. Chapter 75, Title 7 of the Delaware Code, is amended by adding (7) thereof in its entirety:
(7) No state owned parks, fish and wildlife areas, forest lands or historical properties shall be used for sites upon which or into which waste water, treated waste water, or biosolids of any form from municipal, county or community owned sewage treatment plants will be applied or injected.
SYNOPSIS
This bill expressly prohibits the application and or injection of wastewater or treated wastewater from sewage treatment facilities.

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