CHAPTER 124

FORMERLY

HOUSE BILL NO. 265

AN ACT TO AMEND CHAPTER 82, TITLE 29, OF THE DELAWARE CODE TO PERMIT THE SECRETARY OF THE DEPARTMENT OF PUBLIC SAFETY TO EXPEND FUNDS TO CONTAIN OR CLEAN UP A HAZARDOUS SUBSTANCE SPILL.

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

Section 1. Amend Chapter 82, Title 29, of the Delaware Code by adding the following section: "§8231. Hazardous Substance Spill Cleanup.

(a) The Secretary of the Department of Public Safety or his designee is permitted to expend any funds appropriated to the Department to contain or clean up a hazardous substance spill as defined by Section 101(14) or Section 102 of the Comprehensive Environmental Response Compensation and Liability Act of 1980(42 USC Section 9601(14) and Section 104 of the Hazardous Transportation Act (49 USC Section 1803) and duly adopted by the Commission on the Transportation of Hazardous Material. This shall apply to any or all hazardous material spills within the State to protect the citizens and environment. Costs incurred for such removal shall not be subject to Chapter 60, Title 29, of the Delaware Code.

(b) The Secretary or his designee shall report to the General Assembly at a time fixed by the Governor to request an emergency supplemental appropriation to the Department to recover the costs of the incident or incidents.

(c) Any reimbursements for costs incurred by the Department of Public Safety or other agencies of the State shall be deposited in the General Fund if emergency appropriations have been made by the General Assembly. If reimbursements are received prior to such appropriations they shall be used as revenues to the department or departments to offset expenditures made to control hazardous materials incidents.

(d) The Governor, the Secretary of the Department of Finance, the State Budget Director, the Joint Finance Committee of the General Assembly and the Controller General shall be kept informed of all costs incurred and reimbursements received under the provisions of this section."

Approved July 11, 1983.