CHAPTER 164

FORMERLY

HOUSE BILL NO. 318

AN ACT TO AMEND CHAPTER 63, TITLE 7 OF THE DELAWARE CODE RELATING TO THE MANAGEMENT OF HAZARDOUS WASTES.

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

Section 1. Amend §6302 of Chapter 63, Title 7 of the Delaware Code by striking subsection (10) in its entirety and substituting in lieu thereof a new subsection (10) to read as follows:

"(10) 'Person' means an individual, trust, firm, joint stock company, Federal Agency, corporation (including a government corporation), partnership, association, State, municipality, commission, political subdivision of a State, or any interstate body."

Section 2. Amend §6305 of Chapter 63, Title 7 of the Delaware Code, by striking subparagraph (1) of subsection (a) in its entirety and substituting in lieu thereof a new subparagraph (1) to read as follows:

"(1)(A) Criteria, consistent with those promulgated by the U. S. Environmental Protection Agency under §3001 of the Resource Conservation and Recovery Act of 1976, P.L. 94-580, for identifying the characteristics of hazardous waste and for listing hazardous waste and;

(B) Regulations identifying the characteristics of hazardous waste and listing particular hazardous wastes (within the meaning of 7 Del. C. §6302(7)) based on the criteria promulgated in subsection 1(A)."

Section 3. Amend §6314 of Chapter 63, Title 7 of the Delaware Code by replacing the period "." at the end of the sentence with a comma "," and adding the following languages

"except that no variance shall be granted which would be inconsistent with the requirements of §3006(b) or §3006(c) of the Resource Conservation and Recovery Act of 1976, P.L. 94-580 (or regulations promulgated thereunder) regarding equivalence or substantial equivalence of State programs for authorization or interim authorization whichever the case may be."

Approved July 14, 1981.