Delaware Chapter Policies

The Status of Delaware's Inland Bays

WHEREAS the Delaware Chapter, Sierra Club finds that 90% (+) of all Delaware surface waters [including those contained in the Inland Bays Watershed] fail to conform to the standards established under the Clean Water Act for fishable, swimmable, and drinkable waters; and

WHEREAS the Delaware Chapter, Sierra Club finds that 90% (+) of all Delaware surface waters [including those contained in the Inland Bays Watershed] are listed on the Delaware Department of Natural Resources and Environmental Control's 303(d) list of "Impaired / Threatened Waters"; and

WHEREAS the Delaware Chapter, Sierra Club finds that Fish advisories have been published suggesting restricted consumption of several species as a result of polluted waters in and around the Inland Bays Watershed; and

WHEREAS the Delaware Chapter, Sierra Club finds that Delaware's Inland Bays are listed among the ten worst polluted embayments in the United States; and

WHEREAS the Delaware Chapter, Sierra Club finds that such compromises to water quality pose potential threats to the health, safety, welfare and economic stability of the general public; and

WHEREAS the Delaware Chapter, Sierra Club finds that the economic and environmental stability of Delaware's Inland Bays share certain intrinsic commonalities; and

WHEREAS the Delaware Chapter, Sierra Club finds that the economic stability of Delaware's agricultural community and the myriad related businesses servicing same can be adversely impacted by the quality and quantity of Delaware's waters; and

WHEREAS the Delaware Chapter, Sierra Club finds that sport and commercial fishing and the myriad related businesses servicing this business community represent a segment of Delaware's economy which can be adversely impacted by compromises to water quality; and

WHEREAS the Delaware Chapter, Sierra Club finds that Delaware's tourist based economy relies heavily on water based activity and could be adversely impacted by compromises to water quality; and .

WHEREAS the quality, quantity and safety of all of Delaware's water is a primary concern of the Delaware Chapter, Sierra Club; and

WHEREAS the Delaware Chapter, Sierra Club finds that the impacts to Delaware's natural resources associated with land use decisions are long term; which necessitates a process which provides a certain and stable climate and fosters the preservation, protection and reclamation of same; and

WHEREAS the Delaware Chapter, Sierra Club finds that to assess the measurable results of any mitigation, prevention and reclamation program, it is advisable to maintain consistency by establishing a series of minimal standardized mitigation, preventative and reclamation practices; and

WHEREAS the Delaware Chapter, Sierra Club recognizes and supports the need to establish minimal standards which will demonstrate and facilitate the potential for pollution prevention and mitigation; and

WHEREAS the Delaware Chapter, Sierra Club finds that the ultimate goal of any pollution control strategy and mitigation plan shall be the demonstrated ability for the successful reclamation and restoration of surface and subsurface water quality in Delaware's Inland Bays Watershed: and

WHEREAS the Delaware Chapter, Sierra Club finds that to minimize the present and future threat to human health and the environment and to restore the quality of Delaware's waters for present and future generations, a method of achieving consistency in the application of minimal standards between the several levels of government is essential to achieve the goals set forth above,

NOW THEREFORE BE IT RESOLVED by the Executive Committee of the Delaware Chapter, Sierra Club, that this resolution, as of the date of adoption, represents the Delaware Chapter's position on the status of The Inland Bays Watershed, the creation, adoption, promulgation and enforcement of potential regulatory measures relating thereto, and the need for a program which implements the strongest possible pollution control protocols and does not embrace the otherwise permissive attitude of voluntary compliance; and

BE IT FURTHER RESOLVED that the Delaware Chapter, Sierra Club urges the Governor, the Delaware General Assembly and the Delaware Department of Natural Resources and Environmental Control to compile and implement a pollution control strategy which will be predicated upon modeling which, without limitation, recognizes, embraces and reflects the following equities: (a) the direct, collateral, cumulative and future foreseeable adverse impacts of land use decisions on surface and subsurface waters; and (b) future land use trends; and (c) future demographic projections; and (d) an ongoing monitoring program in lieu of passively awaiting the lapse of a lag period; and (e) embracing and addressing the problems inherent to a presence of pharmaceuticals in our waters in addition to a nutrient focus; and (f) a riparian buffer system which focuses on both the preservation and restoration of benthic communities and the species which rely on same for habitat and nutrient removal; and (g) the direct, collateral, cumulative and future foreseeable adverse impacts to water quality associated with utilizing private wastewater treatment systems to enhance development density outside of recognized development zones; and (h) the potential direct, collateral, cumulative and future foreseeable adverse impacts to water quality associated with utilizing private wastewater treatment systems to enhance development density within recognized development zones; and (i) the potential direct, collateral, cumulative and future foreseeable adverse impacts to water quality associated with the practice of blending treated wastewater; which culminates in the successful reclamation and restoration of surface and subsurface water quality in Delaware's Inland Bays Watershed.

ADOPTED this 28th day of March, 2005

Proposal by British Petroleum to Develop a Liquefied Natural Gas Terminal

WHEREAS, British Petroleum (BP) has publicly announced its desire to construct a liquefied natural gas terminal in Logan Township, Gloucester County, N.J.; and

WHEREAS, although most of Crown Landing, the proposed facility, would stand in New Jersey, a significant aspect of the proposed facility would be located in that portion of the Delaware River which is captured in the territorial limits of the State of Delaware and covered by state programs regulating coastal zone activities; and

WHEREAS, mindful of the potential degradation that certain industrial development could represent in its coastal areas the State of Delaware enacted, for the protection and preservation of its environmentally sensitive coastal district the "Coastal Zone Act" (7 Del. C., c. 70) wherein the "Purpose" [§ 7001] of the Act states, in pertinent part, "It is hereby determined that the coastal areas of Delaware are the most critical areas for the future of the State in terms of the quality of life in the State. It is, therefore, the declared public policy of the State to control the location, extent and type of industrial development in Delaware's coastal areas. In so doing, the State can better protect the natural environment of its bay and coastal areas and safeguard their use primarily for recreation and tourism. [Emphasis added] Specifically, this chapter seeks to prohibit entirely the construction of new heavy industry in its coastal areas, which industry is determined to be incompatible with the protection of that natural environment in those areas …." (7 Del. C. 1953, § 7001; 58 Del. Laws, c. 175.); and

WHEREAS, the Coastal Zone Act's "Purpose" [§ 7001] continues by specifically prohibiting offshore bulk product transfer facilities unambiguously stating:

"… It is further determined 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.' For these reasons, prohibition against bulk product transfer facilities in the coastal zone is deemed imperative." [Emphasis added] (7 Del. C. 1953, § 7001); and

WHEREAS, substantial portions of the subject site intrinsic to its proposed development are captured within the territorial boundaries elaborated in 7 Del. C. §7002(a); and

WHEREAS, the proposed facility would conform to the parameters elaborated in 7 Del. C. §7002(f) which states, "(f) "Bulk product transfer facility" means any port or dock facility, whether an artificial island or attached to shore by any means, for the transfer of bulk quantities of any substance from vessel to onshore facility or vice versa. [Emphasis added] Not included in this definition is a docking facility or pier for a single industrial or manufacturing facility for which a permit is granted or which is a nonconforming use. Likewise, docking facilities for the Port of Wilmington are not included in this definition" (7 Del. C. 1953, § 7002; 58 Del. Laws, c. 175; 61 Del. Laws, c. 116, § 88(a); 62 Del. Laws, c. 119, §§ 1, 2; 63 Del. Laws, c. 191, § 1(a); 71 Del. Laws, c. 348, § 1.); and

WHEREAS, the potential Applicant qualifies under 7 Del. C. §7002(g); and

WHEREAS, the specific use cited for the proposed facility is unambiguously elaborated in 7 Del. C. §7003(g) which states: "Heavy industry uses of any kind not in operation on June 28, 1971, are prohibited in the coastal zone and no permits may be issued therefor. In addition, offshore gas, liquid or solid bulk product transfer facilities which are not in operation on June 28, 1971, are prohibited in the coastal zone, and no permit may be issued therefor. [Emphasis added] Provided, that this section shall not apply to public sewage treatment or recycling plants. A basic steel manufacturing plant in operation on June 28, 1971, may continue as a heavy industry use in the coastal zone notwithstanding any temporary discontinuance of operations after said date, provided that said discontinuance does not exceed 2 years. An incinerator is neither "public sewage treatment" nor a "recycling plant" for the purpose of this chapter." (7 Del. C. 1953, § 7003; 58 Del. Laws, c. 175; 64 Del. Laws, c. 240, § 6; 66 Del. Laws, c. 256, § 1; 71 Del. Laws, c. 348, § 2.); and

WHEREAS, those limited uses allowed to be considered by permit in the Coastal Zone, the subsequent consideration of and passing on permit requests for same and the statutory requisites inherent thereto are clearly enumerated in 7 Del. C. §7004; and

WHEREAS, Mr. Chapman, BP's representative has stated that the specialized, double-hulled ships used for transport can operate in the Delaware's shipping channel without additional dredging, dredging will be required at the terminal for piers and turning areas; and

WHEREAS, the proposal alleges that the 800,000 cubic yards of dredging spoils taken from the river would be used in construction of the terminal; and

WHEREAS, the terminal would be built to handle "a new generation of tankers" capable of carrying nearly 50 percent more liquefied natural gas than the current fleet; and

WHEREAS, the frequency with which the proposed facility would receive deliveries by the "new generation of tankers," specially designed to transport super-chilled, liquefied natural gas, is alleged to be limited to twice each week; and

WHEREAS, although industry officials allege that the cold liquid gas is relatively safe, fire and explosion concerns remain a primary public safety issue; and

WHEREAS, although BP avers that since the start of open-sea transport in 1964, shippers have never suffered a catastrophic loss of their loads, the increase of sites, tanker size and the increased frequency of transport numerically increases the probability of a future foreseeable occurrence; and

WHEREAS, public safety concerns dictate that traffic on Boston's Tobin Bridge over the Mystic River closes for 19 minutes during tanker trips; and

WHEREAS, the presence of the DE Memorial Bridge would necessitate the implementation of parallel safety measures to afford similar protection; and

WHEREAS the passage of such vessels in the shipping channel would, while in transit, necessitate potential traffic stoppages leading to subsequent disruptions to interstate commerce/ transportation on the bridges connecting Delaware's and New Jersey's interstate highways; and

WHEREAS, the passage of such vessels in the shipping channel would, while in transit, represent comparable compromises to the free flow of normal transportation demands of average citizens thereby compromising their quality of life; and

WHEREAS, the allegation has been presented above that the proposed facility will require only two trips per week, a recent study establishes, " … imports have grown by more than 2-1/2 "; and "between 1998 and 2000, from 85 Bcf to 224 Bcf… "… and "… LNG imports are expected to grow from 1.3 percent consumption to more than 3 percent by 2008 …" [Properties of LNG, US Department of Energy, February 12, 2002] the report's statistics reflect at least another future foreseeable doubling in volume that will render more than a doubling of the alleged future transport frequency increases a foreseeable reality because of the exponential growth differences between doubling growth volume demand and the static tanker capacity and thereby result in both greater disruptions to transit and an increased probability of an eventual incident; and

WHEREAS, the Boston Herald recently reported on a government study which projects that a "partial", major leak from a tanker bound for Boston's liquefied natural gas terminal would devastate nearby neighborhoods and buildings, and notwithstanding the separate issue of the adverse impacts associated with the concussion from an explosion, further states that heat from the resulting fiery pool would extend for a half-mile around the vessel; and

WHEREAS, the introduction to and traversing of the Bay and River Delaware by such tankers would, while in transit, present additional safety challenges for the regions maritime industry and represent potential adverse impacts to the free and unrestricted passage currently enjoyed; and

WHEREAS, the passage of such vessels in the shipping channel would, while in transit, represent potential threats to shoreline refineries located within the half-mile area around the vessel wherein such transports would frequently pass; and

WHEREAS, the passage of such vessels in the shipping channel would, while in transit, represent potential threats to registered historic districts [e.g. Delaware City and New Castle] and historic sites [e.g. Fort Delaware] located within a half-mile area through which such vessels must pass ; and

WHEREAS, the passage of such vessels in the shipping channel would, while in transit, represent potential threats to coastal resort communities located within the half-mile area around the channel resulting in a compromise to desirability, a potential reduction in property values, and potential adverse collateral impacts upon the tourist economy associated therewith; and

WHEREAS, the passage of such vessels in the shipping channel would, while in transit, would represent potential threats to the entire flyway located in and along the Delaware Bay Estuary, 1 of 19 sites in the United States captured under the Convention on Wetlands (Ramsar, Iran, 1971) an intergovernmental treaty ratified, 4-18-87 by the United States. Adverse impacts to the Delaware Estuary, recognized as a migratory flight path of international significance, would also impact other forms of wildlife, flora and fauna, listed as endangered and threatened species; and

WHEREAS, the passage of such vessels in the shipping channel would, while in transit, represent potential threats to the safety of wildlife and habitat, including, without limitation, endangered and threatened species, in specific areas including, but not limited to, a major rookery located on Pea Patch Island, Bombay Hook National Wildlife Preserve, a member of the Western Hemisphere Shorebird Reserve Network and Prime Hook Wildlife Preserve; and

WHEREAS, Mr. Chapman, BP's representative, has stated that "You want to be close to the market, but you don't want to be close to a concentration of residential areas;" and

WHEREAS, the passage of such vessels in the shipping channel would, while traversing the Delaware Bay and River between the Cape May, NJ - Lewes, DE breakwater and the proposed location, represent a potential threat to numerous commercial and industrial facilities, their employees and the area's economic stability which they provide but once at the actual facility, would pose a potential threat to a significant portion of Delaware's overall economic and population base; and

WHEREAS, in the aftermath of the events of September 11, 2001, consideration must be given to the possibility of terrorist actions and the potential catastrophic impacts that such actions could impart to a region that contains such a heavy concentration of potential adjacent collateral targets (e.g. oil refineries, a nuclear power facility …); and

WHEREAS, notwithstanding the level of safety alleged by industry officials and touted by the U.S. Department of Energy in citing a recent report prepared in two days by Quest Consultants of Norman, Oklahoma, Mr. Russell Gold's article in the December 5, 2003, edition of The Wall Street Journal reported that John Cornwell of Quest Consultants, the principal author of the report, stated that the scientific report that has been cited to vouch for the safety of a liquefied-natural-gas tanker port near Boston, " … has been widely misused in efforts to gain approval for tanker-port locations …" and further reported that, "… his calculations were not intended to be a definitive examination of LNG tanker safety[Emphasis added];" and

WHEREAS, current law prohibits any new heavy industry, liquid or bulk transfer operations within Delaware's territorial boundaries, including that portion of the Delaware River impacted by the subject proposal, a ruling that the proposed project deserves an exception to the Coastal Zone Act requirements would be a primary requisite in the furtherance of the proposed facility's development; and

BE IT THEREFORE RESOLVED the DE Chapter, Sierra Club: ADOPTED this 28th day of December, 2003, by action of the Executive Committee, DE Chapter Sierra Club.