Delaware
Senate Bill 311 passed the Senate on June 23rd, 20 "yes" 0 "no" 1 "not voting." It passed the House on June 29, 36 "yes," one "no." Hopefully Governor Jack Markell will sign it soon.
Section 1. Amend §6002(10), Chapter 60, Title 7 of the Delaware Code, relating to the definition of “Incinerator,” by adding after the words “for the combustion (oxidation) of solid waste” the following:
“or wood obtained for incineration in an industrial incinerator”.
SYNOPSIS
This Act is intended to close a potential loophole in Title 7, which could allow industrial incinerators capable of incinerating solid waste to operate near residential areas by burning wood. Author: Senator Peterson
The
underlying law --since 2000--says:
No permit may be granted to any incinerator unless:
a. The property on which the incinerator is or would be located is within an area which is zoned for heavy industrial activity and shall be subject to such process rules, regulations or ordinances as the county, municipality or other government entity shall require by law, such as a conditional use, so that conditions may be applied regarding the health, safety and welfare of the citizens within the jurisdiction; and
b. Every point on the property boundary line of the property on which the incinerator is or would be located is:
1. At least 3 miles from every point on the property boundary line of any residence;
2. At least 3 miles from every point on the property boundary line of any residential community; and
3. At least 3 miles from every point on the property boundary line of any church, school, park, or hospital.
This was not as broad a bill as we wanted--we were after all "biomass," not just "wood"--but the high level of support for SB 311 suggests that legislators are seeing that the real opportunities lie in efficiency, and, on the supply side, in wind, solar, and other truly clean technologies. Smokestacks, garbage incineration, and the cremation of forests have no legitimate place in our energy future.
Green Delaware thanked legislators, including bill author Senator Karen Peterson, Senate co-sponsors David Sokola, Dorinda Connor, and Patti Blevins, House Speaker and sponsor Bob Gilligan, Rep. John Kowalko, and others.
The immediate impetus for SB 311 was an already-withdrawn wood burner scheme in Newport Delaware by the big German chemical outfit BASF. People didn't want to go through something like this again. The Newport burner scheme was promoted by "Clean Air Council," an "environmental" NGO in Philadelphia with a long history of promoting incineration in Delaware. Lots of background
here, such as
this.