CHAPTER 430

FORMERLY

HOUSE JOINT RESOLUTION NO. 8

AS AMENDED BY HOUSE AMENDMENT NO. 1

PROVIDING FOR THE ESTABLISHMENT OF AN AD HOC COMMITTEE TO RECOMMEND LEGISLATION AUTHORIZING THE REGULATION AND INSPECTION OF INDUSTRIAL FACILITIES FOR THE PURPOSES OF PREVENTING AND MITIGATING CATASTROPHIC RELEASES OF HAZARDOUS SUBSTANCES.

WHEREAS, the Department of Natural Resources and Environmental Control (DNREC) performs inspections of industrial facilities which are authorized by 7 Delaware Code, Chapters 60 and 63; and

WHEREAS, the DNREC does not have the authority to regulate or inspect hazardous substances storage, transfer and production operations at Delaware industrial facilities; and

WHEREAS, some of those operations may pose a catastrophic threat to public health and safety; and

WHEREAS, instances of major accidental chemical releases demonstrate that modern technology, operations systems, and safeguards can fail to protect against serious harm to public health and safety; and

WHEREAS, efforts to abate discharges once they occur and emergency actions to safeguard pOpulattons when discharges cannot be contained are essential for public protection, the most effective action is to prevent catastrophic Industrial accidents.

NOW, THEREFORE:

BE IT RESOLVED by the House of Representatives and the Senate of the 134th General Assembly of the State of Delaware, with the approval of the Governor, that an Ad Hoc Industrial Disaster Prevention Committee is hereby established for the purpose of recommending legislation for the regulation and systematic inspection of industrial facilities in Delaware having hazardous substances on-site.

BE IT FURTHER RESOLVED that the Committee shall be composed of the Secretaries or their designees of the Department of Natural Resources and Environmental Control, the Department of Public Safety, and the Department of Health and Social Services; the State Fire Marshal, or his designee; a member of the Delaware Chemical Industry Council; a member of the Delaware State Chamber of Commerce; a member of the Delaware City Community Awareness Emergency Response Committee; a member of the Citizens Advisory Committee to the Department of Natural Resources and Environmental Control; a member of the Delaware Petroleum Council; a member of the Delaware Citizens for Clean Air; and four members of the Legislature, two of whom shall be appointed by the Speaker of the House of Representatives, and two by the President Pro Tempore of the Senate. Other experts may be appointed by the Committee. The Governor shall choose the Committee chairperson.

BE IT FURTHER RESOLVED that staff assistance to the committee shall be provided by the Department of Natural Resources and Environmental Control and that each state agency represented on the Committee shall provide necessary staff services.

BE IT FURTHER RESOLVED that the recommendation for legislation prepared by the Committee shall be completed and forwarded to members- of the General Assembly and the Governor no later than one year after signature by the Governor.

BE 1T FURTHER RESOLVED that a suitably prepared copy of this Resolution shall be sent to the Secretary of the Department of Natural Resources and Environmental Control, the Secretary of the Department of Public Safety, the Secretary of the Department of Health and Social Services, the State Fire Marshal, the Chairman of the Delaware Chemical Industry Council, the Executive Director of the Delaware Petroleum Council, the Chairman of the Citizens Advisory Committee to the Department of Natural Resources and Environmental Control, the Chairman of the Delaware City Community Awareness Emergency Response Committee, and the Chairman of the Delaware Citizens for Clean Air.

Approved June 5, 1987.