CHAPTER 47

FORMERLY

SENATE BILL NO. 184

AN ACT TO AMEND CHAPTER 63, TITLE 7, DELAWARE CODE, ESTABLISHING A REVOLVING FUND FOR TI1E REVENUES AND THE INITIAL FUNDING OF THE DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL; AND TO TRANSFER FUNDS FROM THE BUDGET OFFICE CONTINGENCY (10-02.004) (SALARIES & OEC) TO THE DEPARTMENT MANAGF.MENT BUDGET UNIT (40.01 001), FOR THE PURPOSE OF PROVIDING START. UP FUNDS FOR THE HAZARDOUS WASTE/GROUND WATER CLEAN UP REVOLVING FUND.

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

Section 1. Amend §6308. Chapter 63, Title 7, Delaware Code by adding a new paragraph (5) as follows:

"(5)(a) A Hazardous Waste/Ground Water Cleanup Revolving Fund is hereby established for the purpose of providing the funds to expeditiously undertake the investigation of and conduct necessary remedial measures to mitigate instances of ground water contamination or accidents which may pose a significant threat to human health and/or the environment.

(b) All revenues recovered under §6308 shall be retained by the Department of Natural Resources and Environmental Control and placed In the Hazardous Water/Ground Water Cleanup Revolving Fund. Expenditures from this fund shall be controlled by the Appropriated Special Funds portion of the annual Budget Act.

(c) In the event that the revolving fund Is expended and the Department requires additional funding to address hazardous waste/ground water contamination Incidents which may pose significant threats to human health and/or the environment, the Secretary may petition the Secretary of Public Safety for additional funds under Title 29, §8232 (Hazardous Substance Spill Clean up).

(d) The Secretary of the Department of Natural Resources and Environmental Control must report annually to the Governor and the General Assembly on or before July 1st all expenditures from this fund, receipts collected, on going litigation, and its current balance.

(e) The General Fund start up monies shall be a continuing appropriation until June 30, 1990. The Department may request additional funding for this purpose during the normal budgetary process when they project that the initial balance cannot be maintained due to protracted litigations."

Section 2. The Budget Director and the Controller General are hereby authorized and directed to transfer the sum of $300,000 from the Budget Office Contingency (10-02-004) (Salaries & OEC) to the Department of Natural Resources and Environmental Control, Department Management Budget Unit (40-01 001) Hazardous Waste/Ground Water Clean up Revolving Fund. They are further directed to approve the mechanism. procedures and conditions by which the fund may be supplemented by the Department of Public Safety In the event of insufficient funds to remediate a hazardous substance incident.

Approved June 28, 1985.