CHAPTER 412

FORMERLY

HOUSE BILL NO. 1018

AS AMENDED BY HOUSE AMENDMENT NOS. 1 AND 2

AND SENATE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 7, DELAWARE CODE, BY ADDING CHAPTER 63, RELATING TO THE REGULATION OF HAZARDOUS WASTE; PROVIDING FOR THE IMPOSITION OF DUTIES ON THE DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL; PRESCRIBING PENALTIES AND FURTHER PROVIDING FOR ENFORCEMENT OF THE ACT.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend §6002, Chapter 60, Title 7, Delaware Code, by striking subsection (8) in its entirety.

Section 2. Amend §6002, Chapter 60, Title 7, Delaware Code, by striking subsection (21) in its entirety and substituting in lieu thereof the following:

"(21) 'Solid Waste' means any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility and other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from industrial, commercial, mining, and agricultural operations, and from community activities, but does not include solid or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permits under Chapter 60 of Title 7, Delaware Code, as amended, or source, special nuclear, or by-product material as defined by the Atomic Energy Act of 1954, as amended."

Section 3. Amend Title 7, Delaware Code, by Inserting a new Chapter 63 to be entitled "The Hazardous Waste Management Act of 1980", to read as follows:

"CHAPTER 63. HAZARDOUS WASTE MANAGEMENT
Subchapter L Hazardous Waste

§6301. Findings and Purpose

(a) The General Assembly finds that:

(1) Continuing technological progress, increases in the amounts of manufacture, and the abatement of air and water pollution have resulted in ever-increasing quantities of hazardous wastes;

(2) The public health and safety and the environment are threatened where hazardous wastes are not managed in an environmentally sound manner;

(3) The knowledge and technology necessary to alleviate adverse health, environmental and aesthetic impacts resulting from current hazardous waste management and disposal practices are believed to be generally available at costs within the financial capability of those who generate such wastes, but that such knowledge and technology are not widely used.

(4) The problem of managing hazardous wastes has become a matter of statewide concern.

(b) Therefore, it is hereby declared that the purposes of this Act are:

(1) To protect the public health and safety, the health of organisms and the environment from the effects of the improper, inadequate, or unsound management of hazardous wastes;

(2) To establish a program of regulation over the storage, transportation, treatment, and disposal of hazardous wastes; and

(3) To assure the safe and adequate management of hazardous wastes within this State.

S6302. Definitions

The following words and phrases shall have the meaning ascribed to them in this Chapter unless the context clearly indicates otherwise:

(1) 'Activity' means construction, operation, or use of any facility, site, property or device.

(2) 'Department' means the Department of Natural Resources and Environmental Control of the State of Delaware.

(3) 'Commission' means the Commission on the Transportation of Hazardous Materials.

(4) 'Disposal' means the discharge, deposit, injection, dumping, spilling, leaking or placing of any hazardous waste into or on any land, water or Into the air so that such hazardous waste or any constituent thereof may enter the environment or be emitted into the air, or discharged into any waters, including groundwaters.

(5) 'Division' means the Division of Environmental Control.

(8) 'Generation' means the act or process of producing hazardous waste materials.

(7) 'Hazardous Wastes' means a solid waste, or combination of solid wastes, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause or significantly contribute to an Increase In mortality or an increase in serious irreversible, or incapacitating irreversible, illness; or pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise managed.

(8) 'Hazardous Waste Management' means the systematic control of the collection, source separation, storage, transportation, processing, treatment, recovery, and disposal of hazardous waste.

(9) 'Manifest' means the form used for identifying the quantity, composition, origin, routing, and destination of hazardous waste during its transport.

(10) 'Person' means any individual, partnership, corporation, association, Institution, cooperative enterprise, municipality, commission, political subdivision, or duly established legal entity.

(11) 'Secretary' means the Secretary of the Department of Natural Resources and Environmental Control, or his duly authorized designee.

(12) 'Solid Waste' means any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility and other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from industrial, commercial, mining, and agricultural operations, and from community activities, but does not include solid or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permits under Chapter 60 of Title 7, Delaware Code, as amended, or source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954, as amended.

(13) 'Storage' means the containment of hazardous wastes, either on a temporary basis or for a period of years, in such a manner as not to constitute disposal of such hazardous wastes.

(14) 'Transport' means the movement of wastes from the point of generation to the point of storage, treatment or disposal.

(15) 'Treatment' means any method, technique, or process, including neutralization, designed to change the physical, chemical, or biological character or composition of any hazardous waste, so as to neutralize such waste or so as to render such waste nonhazardous, safer for transport, amenable to recovery, amenable to storage, or reduced in volume.

(1) 'Treatment Facility' means a location at which waste is subjected to treatment and may include a facility upon premises where hazardous waste has been generated.

§6303. Hazardous Waste Management Plans

(a) The Department is authorized to study and investigate the problems of hazardous waste control and management in Delaware, and shall develop and publish after public hearing, a statewide hazardous waste management plan, which shall include, but not be limited to:

(1) A description of the sources of hazardous waste generation within the State, including the types and quantities of such wastes, and the location of hazardous waste generators, disposal facilities and storage sites;

(2) A description of current hazardous waste management practices and costs, including treatment and disposal, within the State;

(3) An informational reporting system of hazardous waste quantities generated and disposed of in the State;

(4) Criteria for the siting of hazardous waste disposal facilities;

(5) Information on methods of reuse, recycling and reduction of hazardous wastes, including the feasibility of establishing facilities, institutions, or requirements for the purpose of encouraging the reuse, recycling, reduction, and utilization of hazardous wastes for useful purposes.

(b) In carrying out any studies or investigations under this Section, the Department shall seek the cooperation and advice of the Delaware Solid Waste Authority.

§6304. General Provisions; Prohibitions; Records

(a) No person shall generate, store, transport, treat, or dispose of hazardous wastes In this State without reporting such activity to the Department as required by this Act and regulations promulgated hereunder.

(b) No person shall generate, store, treat, transport, or dispose of hazardous wastes within this State except in compliance with this Act and regulations hereunder.

(c) Information obtained by the Department under §6305(4(10) or pursuant to any other provisions of this Act shall be available to the public as provided in Chapter 100 of Title 29, unless the Department certifies such information to be proprietary. The Department may make such certification where any person shows to the satisfaction of the Department that the Information, or parts thereof, if made public, would divulge methods, processes, or activities entitled to protection as trade secrets. Nothing in this subsection shall be construed as limiting the disclosure of information by the Department to any officer, employee, or authorized representative of the State or Federal Government concerned with effecting this Act or the Resources Conservation and Recovery Act of 1976, P.L. 94-580, as amended from time to time. Prior to disclosure of proprietary information to an authorized representative who is not an officer or employee of the State or Federal Government, the person providing the proprietary information may require the representative to sign an agreement prohibiting disclosure of such information to anyone not authorized by this Act or the terms of the agreement. Such agreement shall not preclude disclosure by the representative to any State or Federal government officer or employee concerned with effecting this Act or P.L. 94-580, as amended.

(d) It shall be unlawful for any person to destroy, alter or conceal any records maintained and in existence as of the effective date of this Act with respect to any generation, treatment, disposal, storage or transportation of hazardous waste during or subsequent to any such operation. This requirement applies equally to facilities and sites closed prior to the effective date of this Act. The Secretary shall prescribe by regulation terms and conditions upon which records shall be kept, including the period of retention.

(e) The Secretary shall issue such orders as may be necessary to carry out his duties under this Act.

(f) Except with respect to its powers as set forth in the Hazardous Materials Transportation Act, 29 Delaware Code, §8225 through §8232, the Commission shall serve in an advisory capacity to the Secretary and may consider all matters relating to the implementation of this Act and regulations promulgated thereunder.

§6305. Regulations

(a) The Secretary shall, after notice and public hearing, promulgated, and revise as appropriates

(1) Regulations, consistent with those promulgated by the U. S. Environmental Protection Agency under §3001(b) of the Resource Conservation and Recovery Act of 1976, P.L. 94-580, for identifying the characteristics of hazardous waste, and based on use of these criteria maintain and update a list of hazardous wastes which shall be subject to this Act;

(2) Regulations for the storage, treatment, and disposal of hazardous waste; including regulations regarding contingency plans for effective action to minimize unanticipated damage from the treatment, storage or disposal of such hazardous waste and regulations prescribing conditions and time periods upon which generators may accumulate hazardous wastes on-site without a permit.

(3) Regulations setting forth requirements for permit applications and specifying the terms and conditions, including duration, under which the Department shall issue, modify, review, suspend, revoke, or deny such permits as may be required by this Act.

(1) Regulations establishing standards and procedures for the safe operation and maintenance of hazardous waste treatment, storage and disposal facilities or sites, including requirements for closing, long-term care and termination of treatment, storage and disposal facilities or sites. The Secretary may, where appropriate, establish separate standards for new and existing sites. Requirements may be adopted under this subsection applicable to facilities and sites closed prior to the effective date of this Act, which

requirements shall be applicable to former and present owners and operators, as may be deemed appropriate.

(5) Regulations specifying those hazardous wastes which are not compatible, and which may not be stored or disposed of together without appropriate prior treatment to make them compatible.

(6) Regulations establishing procedures and requirements for the reporting of the generation, storage, transportation, treatment, or disposal of hazardous wastes;

(7) Regulations establishing standards and procedures for the training of personnel engaged In treatment, storage or disposal activities at hazardous waste sites or facilities.

(8) Regulations establishing procedures and requirements for the use of a manifest during the transport of hazardous wastes.

(9) Regulations which may provide for a reasonable schedule of fees for payment to the Department by hazardous waste generators, transporters, and owners of treatment, storage or disposal facilities or sites to defray the cost of administering this act. Any fees collected under this subsection shall be appropriated to the department for purposes of administering this act. Such regulations shall not provide for any annual fee in excess of $2,500 or in the case of small business concerns, any annual fee in excess of $100.

(10) Regulations which prescribe:

(A) The establishment and maintenance of such records, including period of retention;

(B) The making of such reports;

(C) The taking of such samples and the performing of such tests or analyses;

(D) The installing, calibrating, using and maintaining of such monitoring equipment or methods; and

(E) The providing of such other information as may be necessary to achieve the purposes of this Act.

(11) Regulations setting forth criteria regarding the level of financial responsibility required for permit issuance under §6307(h)(l) and criteria pertaining to appropriate measures for preventing damage to public health, safety and the environment under §6307(hX2).

(b) In complying with this Section, the Secretary may consider the variations within the State in geology, population density, and such other facts as may be relevant to the management of hazardous wastes.

(c) The Secretary, In consultation with the Commission and after notice and public hearings, shall issue regulations for the transportation, containerization, and labeling of hazardous wastes. Such regulations shall be consistent with and no more stringent than applicable rules or regulations issued by the United States Environmental Protection Agency and Department of Transportation, and consistent with and no more stringent than any other regulations issued pursuant to this Act and the Hazardous Materials Transportation Act of 1980, 29 Delaware Code, §8225, et seq.

§6306. Generation and Transportation of Hazardous Waste

(a) Within ninety (90) days of the effective date of regulations promulgated under this Act setting forth criteria for identifying the characteristics of hazardous wastes and listing hazardous wastes, any person generating or

transporting hazardous waste within this State shall submit to the Department a description of the source of the hazardous wastes, including the types and quantities thereof, and the location of the generating facility, as well as the storage and disposal sites.

(b) Any person generating hazardous waste shall comply with all requirements, as set forth in regulations under this Act, respecting accurate identification through labelling practices of any containers used for the storage, transport or disposal of such hazardous wastes.

(c) Any person generating or transporting hazardous waste shall, in accordance with duly promulgated regulations use a manifest system to assure that all hazardous waste generated is designated for treatment, storage or disposal in facilities (other than facilities on the premises where the waste is generated) for which a permit has been issued pursuant to this Act or pursuant to the Resource Conservation and Recovery Act of 1976 (P.L. 94-580, as amended).

(d) Any person generating any solid waste shall be responsible for any testing necessary to determine whether any material generated by them is a hazardous waste according to Department approved testing procedures.

(e) The provisions of this Act and regulations applicable to transporters of hazardous waste shall apply equally to those persons transporting hazardous wastes generated by others and to those transporting hazardous wastes they have generated themselves, or combinations thereof, as well as to persons transporting hazardous waste into, through, or out of the State.

§6307. Hazardous Waste Treatment, Disposal and Storage Facilities and Sites

(a) Within ninety (90) days of the effective date of regulations promulgated under this Act setting forth criteria for identifying the characteristics of hazardous wastes and listing hazardous wastes, any person operating, substantially altering, or constructing a hazardous waste treatment, storage, or disposal facility or site shall report such activity to the Department, together with a description of the facility, the types and quantities of any solid and hazardous wastes treated, stored or disposed of; the location of the facility; the storage or disposal capacity of the facility; and the source of the wastes treated, stored or disposed of.

(b) Beginning one hundred eighty (180) days after the effective date of regulations adopted for this purpose, no person shall construct, substantially alter, or operate any hazardous waste treatment, storage or disposal facility or site, nor shall any person store, treat or dispose of any hazardous waste without first obtaining a permit from the Secretary for such facility, site, or activity, except that generators may accumulate hazardous wastes on-site without a permit for such periods and upon such conditions as the Secretary may by regulation prescribe.

(c) Any person desiring to obtain a permit required under this Section shall submit an application therefor in such form and accompanied by such plans, specifications, and other information as required by applicable statute or regulation, including the requirements of subsection (h) of this Section.

(d) Permits issued under this Section shall be issued under such terms and conditions as the Secretary may prescribe by regulations promulgated under the authority of 56305 of this Act.

(e) Operating permits shall be issued for a period of time as prescribed by regulations and may be revoked by the Secretary for failure to comply with the requirements of this Act and regulations thereunder.

(a) Any permit issued under this Section may be revoked by the Secretary at any time when the permittee falls to comply with the terms and conditions of the permit, provided, that no permit shall be revoked until the Secretary has provided the permittee with the opportunity for an adequate hearing, and with written notice of the intent of the Secretary to revoke the permit and the reasons for such revocation. Any appeal from an order of the Secretary revoking any permit shall not operate to stay the revocation.

(g) Any person who:

(1) owns or operates a facility required to have a permit under this Section which facility is in existence on the effective date of regulations under 56305(a) of this Act,

(2) has complied with the requirements of 56307(a), and

(3) has made an application for a permit under this Section shall be treated as having been issued such permit until such time as final administrative disposition of such application is made, unless the Secretary or other plaintiff proves that final administrative disposition of such application has not been made because of the failure of the applicant to furnish information reasonably required or requested in order to process the application.

(h) No permit shall be issued to operate any hazardous waste treatment, storage or disposal facility or site except as provided in 56307(g) unless that facility or site submits to the Department the following:

(1) Evidence of financial responsibility in such form and amount as the Department may determine, pursuant to duly promulgated regulations, to be necessary to insure that, upon abandonment, cessation, or interruption of the operation of the facility or site, all appropriate measures are taken to prevent present and future damage to the public health and safety and to the environment;

(2) Evidence that the personnel engaged in the treatment, disposal or storage of hazardous wastes have met such qualifications as to training as the Department may prescribe pursuant to S6305(a)(7) of this Act.

(i) Any person acquiring rights of ownership, possession or operation in a facility or site granted a permit under this Section for the disposal, storage or treatment of hazardous waste at any time after the site or facility has been granted a permit or has begun to accept such waste shall, in addition to the original permittee, be subject to all requirements of the permit approved for the site or the facility, including the requirements of subsection (j) herein. Upon acquisition of the rights, and application to the Department, the Department shall issue a new permit if the previous permittee is no longer connected with the operation of the site or facility and if the proposed permittee meets all requirements of the applicable statutes and regulations.

(j) The owner or operator of a permitted facility or site must conduct such maintenance, monitoring and surveillance, upon closure, abandonment, cessation or interruption of the operation of the facility or site, as the Secretary deems necessary to protect the public health and to prevent or control air, land, water or groundwater pollution.

§6308. Imminent Hazard

Notwithstanding any other provision of this Chapter, the Secretary, upon receipt of information that the storage, transportation, treatment, or disposal of any hazardous waste may present an imminent and substantial hazard to the health of persons or to the environment, may take such action as he determines to be necessary to protect the health of such persons or the environment. The action the Secretary may take includes, but is not limited to:

(1) Issuing an order directing the operator of the treatment, storage, or disposal facility or site, or the custodian of such hazardous waste, to take such steps as are necessary to prevent the act or eliminate the practice which constitutes such hazard. Such action may include, with respect to a facility or site, permanent or temporary cessation of operation;

(2) Issuing an order directing the persons who previously owned or operated a treatment, storage or disposal facility or site which constitutes such hazard and who are determined by the Secretary to be responsible for activities causing the hazard, to take such steps as are necessary to prevent or eliminate the hazard.

(3) Enforcement action pursuant of §6309 of this Act. §6309. Enforcement

(a)(1) Whenever on the basis of any information the Secretary determines that any person is in violation of any requirement of this Act, any condition or limitation in a permit or variance issued thereunder, or any rule or regulation, the Secretary shall give notice to the violator of his failure to comply with such requirement. If such violation extends beyond the thirtieth day after the Secretary's notification, the Secretary may issue an order requiring compliance within a specified time period.

(2) If such violator fails to take corrective action within the time specified in the order, he shall be liable for a civil penalty of not more than $25,000 for each day of continued noncompliance and the Secretary may suspend or revoke any permit issued to the violator.

(3) Any order or any suspension or revocation of a permit shall become final unless, no later than thirty days after the order or notice of the suspension or revocation is served, the person or persons named therein request a public hearing. Upon such request the Secretary shall conduct a public hearing in accordance with 56312 herein. In connection with any proceeding under this subsection the Secretary may issue subpoenas for the attendance and testimony of witnesses and the production of relevant papers, books, and documents, and may promulgate rules for discovery procedures.

(4) Any order issued under this Section shall state with reasonable specificity the nature of the violation and specify a time for compliance and assess a penalty, if any, which the Secretary determines is reasonable taking into account the seriousness of the violation and any good faith efforts to comply with the applicable requirements.

(b) In lieu of the compliance order procedure in subsection (a) above, any person who violates a provision of this Chapter, any condition or limitation in a permit issued pursuant to this Chapter, any variance condition or limitation, any rule or regulation, or any order of the Secretary shall be liable for a civil penalty of not less than $1,000 nor more than $25,000 for each day of violation. The Superior Court shall have jurisdiction of offenses under this subsection.

(c) If the violation is continuing or if there is a substantial likelihood that it will reoccur, or if the Department receives information that the generation, storage, transportation, treatment, or disposal of a hazardous waste presents an imminent and substantial hazard to public health or to the environment, the Secretary may, in addition to or in lieu of any other remedy provided in this Chapter, seek a temporary restraining order or a preliminary or permanent injunction in the Court of Chancery.

(d) In any action brought under subsection (c) of this Section, in addition to any equitable relief granted by the Court of Chancery, the Court may, in the exercise of its ancillary jurisdiction, impose a civil penalty as provided for in subsection (b).

(e) In any civil action brought in the Court of Chancery pursuant to this Section in which a temporary restraining order, a preliminary injunction, or a permanent injunction is sought, upon a showing by the Secretary that a person has engaged in the acts or practices to be enjoined or restrained, a permanent or preliminary injunction, restraining order, or other order may be granted.

(f) Any person who intentionally or knowingly violates a provision of this Chapter, any condition or limitation in a permit issued pursuant to this Chapter, any variance condition or limitation, any rule or regulation, or any order of the Secretary shall in addition to or in lieu of any other remedy set forth herein, be punishable by a fine of not less than $2,500 nor more than $25,000 for each day of such violation, or shall be subject to imprisonment not to exceed one year, or both. If the conviction is for a violation committed after a first conviction of such person under this paragraph, punishment shall be by a fine of not more than $50,000 per day of violation, or by imprisonment for not more than two years, or by both. The Superior Court shall have jurisdiction of offenses under this subsection.

(g) Any person knowingly makes any false statement, representation, or certification in any application, record, report, plan, manifest, label or other document filed or required to be maintained under this Act, or under any permit, regulation, or order issued under this Chapter, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required to be maintained under this Chapter, shall upon conviction be punished by a fine of not less than $500 nor more than $25,000 or by imprisonment for not more than one (1) year or both. If the conviction is for a violation committed after a first convicition of such person under this paragraph, punishment shall be by a fine of not more than $50,000 per day of violation, or by imprisonment for not more than two (2) years, or by both. The Superior Court shall have jurisdiction of offenses under this subsection.

(h) Each day of violation as specified in any action pursuant to the above subsections shall constitute a separate violation.

Subchapter II. Miscellaneous Provisions §6310. Inspections; Right of Entry

(a) For the purpose of developing or enforcing any regulation, permit, or other requirement authorized by this Act, any duly authorized employee of the Department may, upon presentation of appropriate credentials at any reasonable time:

(1) Enter any place or conveyance where hazardous wastes are generated, stored, transported, treated, or disposed of;

(2) Inspect and obtain samples from any person or any such wastes and samples of any containers or labeling for such wastes, and prior to leaving the premises, give to the owner, operator, or agent In charge a receipt describing the sample obtained, and if requested, a portion of each such sample equal in volume or weight to the portion retained. If any analysis is made of such samples, a copy of the results of such analysis shall be furnished promptly to the owner, operator, or agent in charge.

(1) Inspect and copy any records, reports, information, or test results relating to the purposes of this Act.

(b) Upon any refusal of entry, inspection, sampling or copying pursuant to this Section, a duly authorized employee of the Department may apply for and obtain a warrant to allow such entry, inspection, sampling or copying in the manner established by the rules and law of criminal procedure.

(c) No duly authorized employee of the Department who enters upon premises, vehicles or equipment for purposes set forth in (a) above shall have a cause of action against the owner, operator, or occupier thereof for any injuries or damages sustained by such person while on the premises, vehicles or equipment unless such injuries or damages were intentional on the part of the owner, operator, or occupier or were caused by the willful or wanton disregard of the rights of others.

§6311. Service of Process on Owners or Operators who are Nonresidents or Corporations not Incorporated in Delaware

(a) Any nonresident person who, either in person or through others, owns or operates a facility or conducts an activity subject to this Act or any nonresident who, either in person or through others, owns or operates a facility or conducts an activity outside the State, which while located outside the State causes or contributes to the discharge or disposal of hazardous wastes or substances into or upon the lands, air, surface water or groundwaters of the State shall be deemed thereby to have submitted himself to the jurisdiction of the courts of this State and to have appointed and constituted the Secretary of State of this State or his designee as his agent for the acceptance of legal process in any action under this Chapter. The force, validity and effect of service of process under this subsection as well as the procedure for effectuating said service shall be governed in all respects by §3112 of Title 10, Delaware Code.

(b) Any corporation, not Incorporated in this State, which itself or through others owns or operates a facility or conducts an activity subject to this Act or any such corporation which itself or through others owns or operates a facility or conducts an activity outside the State, which while located outside the State causes or contributes to the discharge or disposal of hazardous wastes or substances into or upon the lands, air, surface water or groundwater of the State, shall be deemed thereby to have sufficient contacts with this State to have submitted itself to the jurisdiction of the courts of this State. The force, validity and effect of service of process under this subsection as well as the procedure for effectuating said service shall be governed in all respects by §3111 of Title 10, Delaware Code.

§6312. Public Hearings

Public hearings shall be held on any permit application, draft permit, permit modification, regulation, variance request, permit revocation, or appeal to the Environmental Appeals Board in accordance with the provisions of Chapter 60 of Title 7, Delaware Code, §§6004 and 6006.

§6313. Appeals

(a) Any person whose interest is substantially affected by any action of the Secretary may appeal to the Environmental Appeals Board in accordance with the provisions of Chapter 60 of Title 7, Delaware Code, §6008.

(b) Any person a party to an appeal before the Board substantially affected by a decision of the Board may appeal to the Superior Court in accordance with the provisions of 7 Delaware Code, §6009.

§6314. Variances and Temporary Emergency Variances

Variances and Temporary Emergency Variances may be granted by the Secretary from any regulation or permit condition adopted pursuant to this Chapter in accordance with the provisions of 7 Delaware Code, §§6011 and 6012.

§6315. Interference with Department Personnel

No person shall obstruct, hinder, delay or interfere with, by force or otherwise, the performance by Department personnel of any duty under this Chapter, or any regulation, order, permit or decision promulgated or issued thereunder.

§6316. Federal Aid; Other Funds

The Department may cooperate with and receive monies from the Federal Government, and any state or local government, or other appropriate source in carrying out its duties under this Act.

§6317. Interstate Cooperation

The General Assembly encourages cooperative activities by the Department and the Commission with other states, interstate or regional organizations, and the Federal Government for the improved management of hazardous wastes; for improved, and so far as practicable, uniform state laws relating to the management of hazardous wastes; and compacts between this and other states for the Improved management of hazardous wastes."

Section 5. No Hazardous Waste Treatment Facility shall be granted a permit for a period of 6 months from the effective date of this Act or until such time as the Department or Commission has promulgated rules and regulations relating to the Storage, Treatment, Transportation or Disposal of Hazardous Wastes or any Hazardous Waste Treatment Facility, whichever comes first.

Section 6. This Act shall become effective on the date of its enactment.

Approved July 11, 1980