CHAPTER 123

FORMERLY

HOUSE BILL NO. 244

AS AMENDED BY HOUSE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 63, TITLE 7; CHAPTER 67, TITLE 16; AND CHAPTER 31, TITLE 20 OF THE DELAWARE CODE RELATING TO THE POWERS OF CERTAIN AGENCIES DURING A HAZARDOUS SUBSTANCE INCIDENT.

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

Section 1. Amend Section 8308, Chapter 83, Title 7, Delaware Code, by adding a new subsection (4) to read as follows:

"(4) Directing Department personnel to undertake emergency cleanup and remedial measures. The Secretary may recover the costs of such measures from the responsible party."

Section 2. Amend Section 8701A, Chapter 87, Title 18, Delaware Code, by adding a new subsection (12) to read as follows:

"(12) In the event of an incident involving a hazardous substance, to transfer command to a state or federal emergency response team in accordance with the State of Delaware Hazardous Substance Incident Contingency Plan."

Section 3. Amend Section 3102, Title 20, Delaware Code, by striking the first sentence in subsection (1) and substituting the following sentence:

"(1) 'Emergency planning and operations' means the preparation for the carrying out of all emergency functions, other than functions for which military forces or other federal agencies are primarily responsible, to prevent, minimize and repair injury and damage resulting from disasters caused by enemy attack, sabotage or other hostile action, or by hazardous substance incident, or by fire, flood or other causes upon the Governor's declaration that an emergency exists."

Approved July 11, 1983.