CHAPTER 321

FORMERLY

HOUSE BILL NO. 473

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

WHEREAS, leaking underground storage tanks (USTs) have been identified as a significant source of contamination to groundwater supplies; and

WHEREAS, industry studies indicate that a major cause of contamination from USTs is improper installation, maintenance and closure; and

WHEREAS, proper installation, retrofit, relining, and closure require specialized knowledge; and

WHEREAS, to protect the groundwaters of Delaware, it is the intention of this Act to limit installation, repair, relining, and removal or abandonment of USTs to persons who have demonstrated their competence, training and experience by obtaining a certification.

NOW, THEREFORE:

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 Chapter 74, Title 7 of the Delaware Code by adding a new Subchapter thereto to read as follows:

"Subchapter III. Contractor Certification.

Section 7424. Certification of Underground Storage Tank Contractors.

(a) The Department shall adopt regulations for certification of businesses and individuals to install, retrofit, remove, abandon, or reline underground storage tank systems used to store regulated substances.

(b) As a prerequisite for certification, the Department shall conduct written examinations within the State for the purpose of determining ability to perform installation, retrofit, relining, removal, or abandonment of underground storage tank systems. The Department may waive the examination for persons who possess a valid certificate from another state, provided such certification is for similar work to be performed in Delaware.

(c) An underground storage tank system shall be installed, repaired, retrofitted, relined, removed, or abandoned only in the presence and under the direction of an individual possessing a valid certificate issued by the Department. Certification requirements for contractors shall commence six
months after adoption of regulations.

(d) Certification will not be required for owners of farm or residential underground storage tanks who wish to remove or abandon their own non-regulated underground storage tanks.

(e) Certification shall be valid for two years. The fee for certification shall be $250 for companies and $100 for on-site supervisors. Fees collected are appropriated to the Department to carry out the purposes of the Underground Storage Tank program."

Approved July 8, 1994.