RESOLUTION
on HOUSE BILL 190
AN ACT TO
AMEND TITLE 7 OF THE DELAWARE CODE
RELATING
TO THE COASTAL ZONE ACT
WHEREAS,
the Coastal Zone Act determined that the coastal areas of Delaware are the most
critical areas for the future recreational and tourism needs of the State, as
well as the quality of life for residents of the State for all subsequent
generations, and
WHEREAS,
the Coastal Zone Act declared the “public policy of the State to control the
location, extent, and type of industrial development in Delaware’s coastal
areas...to better protect the natural environment of its bay and coastal areas,
and safeguard their use primarily for recreation and tourism”1, and
WHEREAS,
the CZA specifically cites that “offshore bulk product transfer facilities
represent a significant danger of pollution to the coastal zone and generate
pressure for the construction of industrial plants in the coastal zone, which
construction is declared to be against public policy”1, and
WHEREAS,
the coastal zone already permits “heavy industry” in operation June 28, 1971 to
remain in operation and permits allowable conforming uses within the coastal
zone including but not limited to “garment factories, automobile assembly
plants, jewelry and leather goods manufacturing establishments, and on-shore
facilities, less than 20 acres in size, consisting of warehouses, equipment
repair and maintenance structures, open storage areas, office and
communications buildings, helipads, parking space and other service or supply
structures required for the transfer of materials and workers in support of
off-shore research, exploration and development operations; as long as on-shore
facilities do not include tanks farms or storage tanks”1, and
WHEREAS,
healthy air, water and land are vital to Delaware’s communities, and pollution
is a risk to health, HB 190 places the valuable resource of the Delaware Bayshore
at risk to industrial accidents and chemical spills that could foul the estuary
and harm our recreational economy, and
WHEREAS,
HB 190 potentiates an increased risk of industrial pollution which places the
health and welfare of Delawareans at risk by removing the main purposes
as written of the Coastal Zone Act, which is the prohibition on new heavy
industry and the prohibition on bulk product transfer, and
WHEREAS,
HB 190 allows new heavy industry and new bulk product transfer in the Coastal
Zone, which presents inherent dangers related to transferring hazardous
materials from vessel to vessel or to shore, and by rail, and also attracts
further accessory heavy industry to the Coastal Zone, increasing public health
and ecosystem risks, and
WHEREAS,
all fourteen sites of nonconforming use are in various stages of environmental
remediation from previous and ongoing contamination from heavy industry uses,
and
WHEREAS,
elevated cancer census tracts have been identified by Delaware Division of
Public Health near heavy industry and legacy pollution sites2, and
WHEREAS,
lung cancer continues to play an enormous role in Delaware’s overall cancer
burden3, and Delaware Public Health estimates 46,000 adult
Delawareans currently have asthma and as many 72,000 have had asthma at some
time during their lives4, and
WHEREAS,
Delaware Public Health confirms airborne pollution is a major triggers
for asthma symptoms4 HB 190 is anticipated to increase airborne
pollution in the coastal zone, and
WHEREAS,
Delaware is one of only three states with both a large oil refinery that does
not employ inspectors to oversee railroads5 and fuel shipments
utilizing these tracks are likely to increase with the passing of HB 190, and
WHEREAS,
legislation that significantly alters said purpose and protections of the
Coastal Zone Act, such as HB 190, has not been fully vetted by all
stakeholders, including but not limited to: fence line communities,
conservation groups, environmental groups, business groups, civic groups,
sportsmen, regulatory agencies, or other legislators, and
WHEREAS,
any changes considered to a law as successful as the Delaware Coastal Zone Act
that is credited with protecting our coastal zone and contributing to
Delaware’s $3.6 billion tourism industry demands a deliberate, transparent, and
inclusive public process to ensure any changes are aligned with the vision of
Delawareans and to safeguard against any unintended consequences of changes to
the act on our communities,
NOW,
THEREFORE:
BE
IT RESOLVED by the Civic League for New Castle County that HB 190 be withdrawn.
BE
IT FURTHER RESOLVED before any bill is submitted which intends to modify the
Coastal Zone Act or any amendments are proposed to the Coastal Zone Act:
1.
The Department of Natural Resources
and Environmental Control (DNREC) should conduct a study of the environmental
and economic benefits of the Coastal Zone Act.
2.
An inclusive and public stakeholder
evaluation should precede any proposed changes to the Coastal Zone Act.
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