CHAPTER 140

FORMERLY

SENATE BILL NO. 101

AS AMENDED BY SENATE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 63, TITLE 7 OF THE DELAWARE CODE RELATING TO HAZARDOUS WASTE.

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

Section 1. Amend §6302, Title 7, Delaware Code, by adding a new definition of "Transfer facility" to read as set forth below and by renumbering the present subsections (14) through (16) accordingly:

"(14) 'Transfer facility' means any transportation related facility including

loading docks, parking areas, storage areas and other similar areas where shipments of hazardous waste are held during the normal course of transportation."

Section 2. Amend §6306, Title 7, Delaware Code by adding a new subsection (g) to read as follows:

"(g) No person transporting hazardous waste shall operate or utilize a hazardous waste transfer facility for the temporary holding or storage of hazardous waste except with written approval of the Secretary. No written approval shall be given to a transfer facility pursuant to this section unless the owner or operator demonstrates to the Secretary that the facility is in compliance with the following sections or subparts of the State of Delaware Regulations Governing Hazardous Waste:

(1)

§264.16

Personal Training

(2)

Part 264,

Subpart C

Preparedness and Prevention

(3)

Part 264,

Subpart D

Contingency Plans and Emergency Procedures

(4)

Part 264,

Subpart I

Use and Management of Containers.

In addition, the Secretary may adopt such other regulations affecting transfer stations as he deems necessary to achieve the policies and purposes of this Chapter. This subsection shall not apply to transfer facilities located on the premises where such hazardous waste is generated.

Section 3. This Act shall become effective immediately upon passage; provided, however, that hazardous waste transfer facilities lawfully in operation on the date of passage of this Act shall have sixty (60) days thereafter to comply.

Approved July 9, 1987.