CHAPTER 516

FORMERLY

HOUSE BILL NO, 754

AS AMENDED BY HOUSE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 63 OF TITLE 7 OF THE DELAWARE CODE RELATING TO THE STATE'S HAZARDOUS WASTE MANAGEMENT PROGRAM AND THE COLLECTION OF A WASTE-END ASSESSMENT FROM PERSONS WHO GENERATE, TREAT, STORE AND DISPOSE OF HAZARDOUS WASTE WHICH WILL CREATE ADDITIONAL INCENTIVES FOR REDUCING THE AMOUNT OF HAZARDOUS WASTE BEING GENERATED AND PROCESSED AND THUS REDUCE THE NEGATIVE IMPACT OF HAZARDOUS WASTES ON THE ENVIRONMENT AND NATURAL RESOURCES OF THIS STATE.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Three- fifths of all members elected to each House thereof concurring therein):

Section 1. Amend §6305(a)(9) of Chapter 63. Title 7 of the Delaware Code by striking the word "generators". from the first sentence thereof.

Section 2. Amend Chapter 63, Title 7 of the Delaware Code by adding a new Section to said Chapter to read as follows:

"§6318. Waste-End Assessments for Persons Generating, Storing, Treating and Disposing of

Hazardous Wastes,

(a) The Secretary is hereby authorized to impose and collect waste-end assessments in accordance with this Section but in no case shall any person pay an annual assessment required by this Section in an amount that exceeds $20,000.00 regardless of the number of facilities where hazardous waste is generated, treated, stored or disposed.

(b) The provisions of this Section relating to paying an assessment apply to every person who Is engaged in the generation, storage, treatment or disposal of a hazardous waste within this State and who is regulated by the Department under the provisions of Chapter 63, Title 7 of the Delaware Code, or any regulations promulgated thereunder.

(c) The information reporting requirements imposed under the provisions of this Section, as set forth in the form prescribed by the Department, shall be reported to the Department on a quarterly basis beginning from the effective date of this Section. The information that is to be reported to the Department shall be so reported within twenty days after the last quarter.

(d) The annual assessment payments shall be paid to the Department October I of each year, the first of said assessment payments to be due October I, 1987, in accordance with the provisions of the Department fee regulations. The assessments paid to the Department under this Section are hereby appropriated to the Division of Air and Waste Management and shall be used to carry out the purposes of this Chapter.

(e) If any person fails or refuses to pay the Department any assessment or falls or refuses to file the written Information with the Department pursuant to the requirements of this Section, the Department may estimate the amount of said person's assessment on the basis of any information blown by the Department. The Department may then add to the said person's estimated unpaid annual assessment a penalty in an amount equal to fifteen percent of the estimated unpaid annual assessment. This penalty shall be in addition to, and not in lieu of, any other applicable penalties.

(f) For persons engaged In the generation of a hazardous waste, the annual assessment to be paid to the Department for hazardous waste generated after the effective date of this Section, shall be calculated u follows:

(1) $12.00 per ton of hazardous waste generated that was disposed of into or on any land;

(2) *9.00 per ton of hazardous wute generated that was treated or disposed of, exclusive of land disposal and incineration, at a facility located off the site from where the hazardous waste was generated;

(3) $2.00 per ton of hazardous waste generated that was Incinerated;

(4) For purposes of this Subsection, the meaning of the phrase 'generation of a hazardous waste' does not Include the retrieval or creation of hazardous waste, which must be disposed of due to remediation of an inactive hazardous waste disposal site;

(5) Notwithstanding any provision of this Subsection to the contrary, no assessment shall be imposed under this Section for activities which the Department determines are for the resource recovery of any hazardous waste.

(g) For owners or operators of hazardous waste storage, treatment or disposal facilities regulated under Chapter 63, Title 7 of the Delaware Code, the annual assessment that is to be paid to the Department for hazardous waste that is stored, treated or disposed of after the effective date of this Section shall be calculated as follows:

(1) No assessment shall be imposed under the provisions of this Subsection for the disposal of hazardous waste where said hazardous waste was generated by a person subject to an assessment under Subsection (f) of this Section;

(2) $12.00 per ton of hazardous waste that was disposed of into or on any land;

(3) $9.00 per ton of hazardous waste that was stored, treated or disposed of, exclusive of land disposal, at any facility located off-site from where the hazardous waste was generated;

(4) Notwithstanding any provision of this Subsection to the contrary, no assessment shall be imposed under this Section for activities which the Department determines are for the resource recovery of any hazardous waste.

(h) When calculating the amount of hazardous waste that is to be subject to any assessment under this Section, if the person responsible for the assessment is involved with more than one type of hazardous waste being generated, treated, stored or disposed of, then the total amount of all the hazardous wastes being generated, treated, stored or disposed of by said person at any one site, shall be used to calculate the amount of the assessment.

(I) All of the requirements under this Section that apply to persons who generate, treat, store or dispose of hazardous waste are in addition to and not in lieu of any other fees or requirements that must be compiled with by said persons under any other statute, regulation, ordinance or permit condition.

(j) If any part of this Section is found to be unlawful or unconstitutional, the remaining lawful or constitutional part of the Section shall remain effective.

(k) The effective date of this Section shall be October 1, 1986.

(I) The Superior Court of the State of Delaware shall have jurisdiction over actions to collect assessments and penalties under this Section."

Approved July 9, 1986.