CHAPTER 363

FORMERLY

SENATE BILL NO. 442

AN ACT TO AMEND CHAPTER 74, TITLE 7 OF THE DELAWARE CODE RELATING TO DELAWARE UNDERGROUND STORAGE TANK ACT.

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

Section 1. Amend Subsection (9) of Section 7402, Title 7 of the Delaware Code by striking the entire Subsection and substituting in lieu thereof the following new Subsection to read as follows:

" 'Operator' means any person in control of, or having responsibility for, the daily operation of the underground storage tank system."

Section 2. Amend Subsection (11) of Section 7402, Title 7 of the Delaware Code by striking all dates in said Subsection and substituting in lieu thereof the date "November 8, 1984".

Section 3. Amend Subsection (12) of Section 7402, Title 7 of the Delaware Code by adding a new sentence to the end of said subsection to read as follows:

" 'Person' also includes a consortium, a joint venture, a commercial entity and the United States Government."

Section 4. Amend Subsection (13)a. of Section 7402, Title 7 of the Delaware Code by striking the phrase "Delaware's Regulations Governing Hazardous Wastes." and substituting in lieu thereof the following:

"hazardous waste under subtitle C of the Resources Conservation and Recovery Act of 1976 as amended."

Section 5. Amend Subsection (20)f. of Section 7402, Title 7 of the Delaware Code by striking the phrase "gas production or gathering operations; or" and substituting in lieu thereof the following:

"gas production and gathering operations; or"

Approved July 10, 1992.