CHAPTER 364

FORMERLY

SENATE BILL NO. 479

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

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

Section 1. Amend Section 6301, Title 7, Delaware Code by striking subsection 6301(a)(2) In Its entirety and substituting In lieu thereof the following:

"(2) The public health and safety and the environment are threatened where

hazardous wastes are not managed In an environmentally sound manner and where there are no commercial hazardous waste management facilities available:"

Section 2. Amend Section 6302, Title 7, Delaware Code by striking subsection 6302(13)

and substituting In lieu thereof the following:

"(13) Storage means the containment of hazardous wastes, either on a temporary

basis or for a period of years, in such a manner as not to constitute disposal of such hazardous wastes. This definition does not apply to wastes accumulated at transfer facilities In compliance with Section 6306 of this chapter for periods of up to 10 days."

Section 3. Amend Section 6305, Title 7, Delaware Code by striking subsections (2),(3) and (4) thereof In their entirety and substituting In lieu thereof the following:

"(2) Regulations for the transport, storage, treatment and disposal of hazardous waste, including regulations regarding contingency plans for effective action to minimize unanticipated damage from the transport, treatment, storage or disposal of such hazardous waste and regulations prescribing conditions and time periods upon which generators may accumulate hazardous wastes on site without a permit and such other regulations as are necessary to assure that substances identified or listed under paragraph (1) of this subsection which pass through a sewer system to a publicly-owned treatment works are adequately controlled to protect human health and the environment;"

(3) Regulations setting forth requirements for approval or permit applications and specifying the terms and conditions, Including duration and schedules of compliance, under which the Department shall issue, modify, review, suspend, revoke or deny such approvals or permits as may be required by this chapter and regulations providing that permits Issued after November 8, 1984, or regulations which, In the case of interim status facilities under Section 6307(g) of this title, require corrective action both on site and beyond the facility boundary, If necessary to protect human health and the environment, for releases of hazardous waste or constituents from any solid waste management unit at a facility seeking a permit under this chapter, regardless of when the waste was placed In the unit. Such permits shall contain schedules of compliance for corrective action (where such corrective action cannot be completed prior to issuance of the permit) and assurances of financial responsibility for completing the corrective action; and, In addition, regulations relating to qualifying for and
termination of interim status under Section 6207(g) of this title,"

(4) Regulations establishing standards and procedures for the safe operation and
maintenance of hazardous waste transfer, treatment, storage and disposal facilities or sites, including requirements for closing, long-term care and termination of transfer, treatment, storage and disposal facilities or sites and regulations regarding the prohibition of disposal of nonhazardous liquids In hazardous waste disposal facilities except upon such terms and conditions as the Secretary may prescribe. The Secretary
may, where appropriate, establish separate standards for new and existing sites. Requirements may be adopted under this paragraph applicable to facilities and sites closed prior to July 11, 1980, which requirements shall be applicable to former and present owners and operators, as may be deemed appropriate,"

Section 4. Amend Section 6306, Title 7, Delaware Code by striking subsection 6306(g) In

its entirety and substituting In lieu thereof the following:

"(g) No person transporting hazardous waste shall operate or utilize a hazardous

waste transfer facility for the accumulation of 1n-transport 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 submits with the application an application fee, as established by the Department, and 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) Section 264.16

(2) Part 264,

(3) Part 264,

(4) Part 264,

(5) Section 264.112

Personnel Training

Subpart C Preparedness and Prevention

Subpart 0 Contingency Plans and Emergency Procedures Subpart I Use and Management of Containers

Closure Plan; Amendment of Plan

In addition, the Secretary may adopt such other regulations affecting transfer facilities 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 5. Amend Section 6306, Title 7, Delaware Code by adding new subsections (H),

(I), and (3) as follows:

"(H) Any hazardous waste transfer facility that ceases to maintain approval status shall within 30 days Implement the approved closure plan. For the purposes of this subsection approval status shall be administratively extended if timely application has been made and timely processing has not occurred through no fault of the applicant.

(I) Transfer of ownership of hazardous waste transfer facilities shall be
consistent with the conditions of Section 122.40 of the Delaware Regulations Governing Hazardous Waste.

(A) The owner or operator of a hazardous waste transfer facility shall submit on a quarterly basis copies of all hazardous waste manifests for all waste that was accumulated for any length of time at the facility. The owner shall be assessed an
annual fee, as established by the Department, for all waste accumulated at the facility that are not subject to the assessment provisions of Section 6319 of this Chapter. The
timing of assessment, payment and penalties shall be consistent with the requirements of Section 6319."

Section 6. Amend Section 6309, Title 7, Delaware Code by striking subsections 6309

(a)(1), (2) and (3) and substituting In lieu thereof the following:

"(a) (1) Whenever on the basis of any information the Secretary determines that

any person Is In violation of any requirement of this chapter, any condition or limitation in a transfer facility approval or permit or variance Issued thereunder, or any rule or regulation, the Secretary shall give notice to the violator of his failure to comply with such requirement. If such violation extends beyond the 30th day after the Secretary's notification, the Secretary may Issue an order requiring compliance within a specified time period.

(2) If such violator falls to take corrective action within the time specified In
the order, he shall be liable for a civil penalty of not more than $25,000 for each day of continued noncompliance and the Secretary may suspend or revoke any transfer facility approval or permit Issued to the violator.

(1) Any order or any suspension or revocation of a transfer facility approval or permit shall become final unless, no later than 30 days after the order or notice of the suspension or revocation is served, the person or persons named therein request a public hearing. Upon such request, the Secretary shall conduct a public hearing in accordance with Section 6312 of this title. In connection with any proceeding under this paragraph the Secretary may Issue subpoenas for the attendance and testimony of witnesses and the production of relevant papers, books and documents, and may promulgate rules for discovery procedures."

Section 7. Amend Section 6309, Title 7, Delaware Code by striking subsections 6309 (b) and substituting In lieu thereof the following:

"(b) In lieu of the compliance order procedures In subsection (a) of this section, any person who violates a provision of this chapter, any condition or limitation in a transfer facility approval or permit issued pursuant to this chapter, any variance condition or limitation, any rule or regulation, or any order of the Secretary shall be liable for a civil penalty of not less than $1,000 nor more than $25,000 for each day of

violation. The Superior Court shall have jurisdiction of offenses under this subsection."

Section 8. Amend Section 6309, Title 7, Delaware Code by striking subsections 6309 (f)

and OP and substituting In Ileu there of the following:

"(f) Any person who intentionally or knowingly violates a provision of this

chapter, any condition or limitation In a transfer facility approval or permit Issued pursuant to this chapter, any variance, condition or limitation, any rule or regulation, or any order of the Secretary, shall, in addition to or in lieu of any other remedy set forth herein, be subject, upon conviction, to a fine of not less than $2,500 nor more than $25,000 for each day of such violation, or shall be subject to imprisonment not to exceed I year, or both. IF the conviction is for a violation committed after a first conviction of such person under this subsection, punishment shall be by a fine not more than $50,000 per day of violation, or by imprisonment for not more than 2 years, or by both. The Superior Court shall have jurisdiction of offenses under this subsection.

(g) Any person who knowingly makes any false statement, representation or

certification In any application, record, report, plan, manifest, label or other document filed or required to be maintained under this chapter, or under any transfer facility approval or permit, regulation or order issued under this chapter, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required to be maintained under this chapter, shall upon conviction be punished by a fine of not less than $500 nor more than $25,000 or by imprisonment for not more than I year or both. If the conviction is for a violation committed after a first conviction of such person under this subsection, punishment shall be by a fine of not more than $50,000 per day of violation, or by imprisonment for not more than 2-years, or by both. The Superior Court shall have jurisdiction of offenses under this subsection."

Section 9. Amend Section 6312, Title 7, Delaware Code by striking said Section in its

entirety and substituting in lieu thereof the following:

"Public Hearings shall be held on any application for or draft of, any permit or transfer facility approval, or modification thereof, or any regulation, variance request, permit revocation or appeal to the Environmental Appeals Board in accordance with Sections 6004 and 6006 of this title, except where the Secretary has adopted additional notice and hearing requirements by regulation."

Section 10. Amend Section 6314, Title 7, Delaware Code by striking said Section In its

entirety and substituting in lieu thereof the following,

"Variances and temporary emergency variances may be granted by the Secretary from any regulation, transfer facility approval or permit condition adopted pursuant to this chapter In accordance with Sections 6011 and 6012 of this title, except that no temporary emergency variance or variance shall be granted which would be inconsistent with the requirements of subsection (b) or (c) of Section 3006 of the Resource Conservation and Recovery Act of 1976, Pub. L. 94-580 (or regulations promulgated thereunder) requiring equivalence or substantial equivalence of state programs for authorization or interim autt—wIzation whichever the case may be."

Section II. Amend Section 6316, Title 7, Delaware Code by striking said section In Its

entirety and substituting in lieu thereof the following:

"(a) The Department may cooperate with and receive moneys from the federal

government, and any state or local government, or other appropriate source In carrying out its duties under this chapter.

(b) Any charges encountered by the Department as a direct result of the public notice and hearing requirements of this chapter and the regulations established thereunder are directly billable to the person conducting or applying to conduct a hazardous waste management activity."

Approved July 13, 1988.