CHAPTER 162

FORMERLY

HOUSE BILL NO. 353

AN ACT TO AMEND CHAPTER 63, TITLE 7 OF THE DELAWARE CODE CLARIFYING CERTAIN STATUTORY AUTHORITY OF THE SECRETARY OF THE DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL WITH RESPECT TO HAZARDOUS WASTE.

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

Section 1. Amend §6305(a)(3), Chapter 63, Title 7 of the Delaware Code, by inserting Immediately after the word "duration" the words "and schedules of compliance".

Section 2. Amend §6305(a)(8), Chapter 63, Title 7 of the Delaware Code, by removing the semi-colon ";" and by substituting in lieu thereof the following:

"and during such other phases of hazardous waste management as the Secretary deems necessary;".

Section 3. Amend §6305(a)(11), Chapter 63, Title 7 of the Delaware Code, by striking the words "permit issuance under §6307(h)(1) of this Title" and by substituting in lieu thereof the following language:

"hazardous waste management facilities".

Section 4. Amend §6305(a), Chapter 63, Title 7 of the Delaware Code, by replacing the period "." at the end of paragraph (11) with a semi-colon';" and by adding the following paragraphs to read as follows:

"(12) Regulations regarding the reuse, recycling and reduction of hazardous waste;

(13) Regulations, applicable to generators of hazardous waste, as may be necessary to protect human health and the environment, including regulations or recordkeeping practices to Identify the types, quantitates and constituents of hazardous waste generated and the disposition of those wastes; regulations on use of appropriate containers for hazardous waste; regulations regarding the furnishing of information of the chemical composition of hazardous waste to persons involved in the management of such hazardous waste; regulations on the use of a manifest system by generators; regulations on submission of reports to the Secretary regarding quantities and disposition of hazardous waste generated during a particular period;

(14) Regulations regarding pre-operation review and inspection of hazardous waste management facilities;

(15) Regulations regarding location, design, construction and remedial action standards for hazardous waste management facilities;

(16) Regulations regarding such public notice and hearing requirements and other related matters as may be deemed necessary to maintain equivalence of the State's program under the Resource Conservation and Recovery Act of 1976, P.L. 94-580 including requirements for public notice of draft permits, for public comment periods and requests for hearings and for informal hearings."

Section 5. Amend §6306, Chapter 63, Title 7 of the Delaware Code, by adding a new subsection (f) to read as follows:

"(f) Any person transporting hazardous waste must report a hazardous waste discharge to appropriate officials and clean up any hazardous waste discharge that occurs during transporation or take such other action as may be required or approved by appropriate officials so that the discharge no longer presents a hazard to human health or the environment."

Section 6. Amend §6307(a), Chapter 63, Title 7 of the Delaware Code, by inserting the words "owning or" between the word "person" and the word "operating' where they appear therein.

Section 7. Amend §6307(b), Chapter 63, Title 7 of the Delaware Code, by Inserting a comma "," and the word "own" between the words "alter" and "or" where they appear therein.

Section 8. Amend §6307(h)(1), Chapter 63, Title 7 of the Delaware Code, by striking said subparagraph In its entirety and by substituting a new paragraph (1) to read as follows:

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

Section 9. Amend §6307(j), Chapter 63, Title 7 of the Delaware Code, by striking the comma "," after the word "surveillance" in line 2 and by substituting the wordsnduring operation,".

Section 10. Amend §6309(c), Chapter 63, Title 7 of the Delaware Code, by inserting the words "threatened or" between the word "is" and the word "continuing".

Section 11. Amend §6312, Chapter 63, Title 7 of the Delaware Code, by striking the period "." and by substituting a comma "," and adding the following language:

"except where the Secretary has adopted additional notice and hearing requirements by regulation.".

Section 12. Amend §6314, Chapter 63, Title 7 of the Delaware Code, by inserting the words "temporary emergency variance or" between the words "no" and "variance".

Approved July 13, 1983.