DOVER – In response to long-standing concerns from overburdened communities, lawmakers introduced new legislation on Thursday that would strengthen penalties and enforcement for commercial polluters in Delaware.
Sponsored by Rep. Larry Lambert, House Speaker Melissa Minor-Brown, and Sen. Nicole Poore, House Bill 210, also called the Pollution Accountability Act, would increase penalties for pollution violations and require that a larger share of those fines be reinvested into the communities most affected.
“Pollution does not impact everyone equally. And as we’ve seen over and over again, it’s often our underserved neighbors and communities of color who face the highest levels of exposure, while having the fewest resources to fight back,” said Rep. Larry Lambert.
“We haven’t updated these fines in years, and as a result, many polluters aren’t paying anywhere close to the true cost of the harm they’ve caused. This bill is about holding them accountable, preventing future harm, and getting money and resources back into the communities that are most impacted. Twice, I traveled across all 3 counties conducting our Justice 40 Oversight Committee Listening Sessions, and this bill came directly from the feedback of those impacted communities.”
The Pollution Accountability Act would update Delaware’s fine structure for major commercial polluters by significantly increasing penalties across a wide range of violations, including air pollution, nutrient runoff, hazardous waste, stream contamination, noise pollution, and more. It also strengthens enforcement against chronic violators.
For example, under HB 210, a chronic violator could be fined up to $40,000 per day, compared to the current $10,000 limit. An entity with an oil pollution violation could be fined up to $40,000 per day, compared to the current $10,000 limit, and an entity with a hazardous waste violation could be fined up to $40,000 per day, compared to the current $25,000.
The bill would also increase the share of penalty funds directed to impacted communities – from 25% to 40% – through the Community Environmental Project Fund, with priority given to projects within a two-mile radius of the violation. “Remedy should happen where harm happens,” said Rep. Lambert.
The Community Environmental Project Fund provides money to support the restoration of the environment in communities that were damaged by environmental pollution.
“When pollution releases happen it is almost always workers and the closest communities–often low income and/or People of Color–who are harmed first and worst. Communities need, and government agencies have a responsibility to prioritize, preventing pollution in the first place. But when companies fall short, they also need to be held accountable,” said Ms. Dora Williams of Delaware Concerned Residents for Environmental Justice
“Fenceline communities have long called for reinvestment, which is more critical now than ever in this federal political climate. By investing state penalty funds directly into projects that benefit the health and environment of the community impacted by the pollution, this bill is a first step toward making our impacted communities whole. We are grateful to have a champion of working class EJ communities in Representative Lambert.”
“Every community deserves clean air to breathe and safe water to drink. That should be a basic right, period,” said House Speaker Melissa Minor-Brown.
“The recent refinery incident was a timely reminder of how real the risks are for those in frontline communities and why strong environmental protections matter. Thank you to Rep. Lambert for introducing this measure which puts the health and safety of our communities first by demanding accountability from polluters.”
According to the National Institute of Environmental Health Sciences, exposure to air pollution can increase the risk of cancer, cardiovascular disease, respiratory diseases, and immune system disorders.
A 2017 report from the Union of Concerned Scientists found that several communities along the industrial corridor in New Castle County face significantly higher risks of cancer and respiratory illnesses compared to the rest of Delaware.
“Industrial polluters have a responsibility to mitigate health risks for their communities and take accountability when they fall short. I share in the concerns of my constituents after recent events at the Delaware City Refinery. While environmental and public health experts have assured us that there is no immediate threat to community safety, this incident has brought a renewed sense of urgency to stop harm before it occurs,” said Sen. Nicole Poore.
“Introducing the Pollution Accountability Act with Rep. Lambert is a necessary step forward in protecting our environment and maintaining public health and safety. By increasing the fine structure for our biggest polluters, we’re not only deterring future violations, but also directing revenue back into the neighborhoods most affected.”
“Our fenceline communities have been asking for this for years. Twice, Rep. Lambert traveled 100 miles, from Claymont, to learn from our Sussex communities, during his Justice 40 Oversight Committee Listening Sessions,” said Sussex Health & Environmental Network (SHEN).
“We asked for solutions to address the chronic polluters, and we asked for funds from the local pollution fines to come back to our local impacted communities. This is one of many solutions, Rep. Lambert is working on, and we are thankful that he delivered for fenceline communities across all 3 counties.”
“In Claymont we’ve lived with the noise and fumes from heavy industry and petrochemical plants, and their cumulative health risks – for decades. We’ve raised our kids beside rail yards and smokestacks, and too often, we’ve been ignored,” said the Claymont Coalition for Environmental Justice (CC4EJ)
“That’s why we elected Rep. Lambert. He’s lived here his whole life, so when he speaks, it means something. And more importantly—he listens first. His town halls and listening sessions set the standard for how lawmakers should engage. No bill fixes everything, but this is a good start, and it shows someone is listening. When pollution hits, our community shouldn’t just carry the cost—we should see the repair, the reinvestment, and the respect we’ve always deserved.”
“It is far past time to update these fines, which have essentially become a cost of business. For years, we have seen polluters spew toxic pollution into our air, water, and soil, with no meaningful response from the state, due to fear of election losses or industry backlash,” said Dustyn Thompson, Director for the Sierra Club Delaware Chapter.
“That time needs to come to an end. With this act, there is a clear direction from the legislature to the executive that fines must be enforced, and they need to be more than the “cost of doing business.” The time for using fines for compliance in the future, rather than punishment for harm already done to our communities, must come to an end.”
HB 210 has been assigned to the House Natural Resources Committee.
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