CHAPTER 366

FORMERLY

SENATE SUBSTITUTE NO. 1
TO

SENATE BILL NO. 33
AS AMENDED BY SENATE AMENDMENT NOS. 1 AND 2

AN ACT TO AMEND CHAPTER 60 AND CHAPTER 63, TITLE 7 OF THE DELAWARE CODE, RELATING TO CRIMINAL PENALTIES FOR VIOLATIONS OF THE PROVISION OF SAID CHAPTERS.

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

Section 1. Amend Subsection (b) of §6013, Subchapter II, Chapter 60, Title 7 of the Delaware Code by striking the dollar amount "$5,000" and substituting in lieu thereof the dollar amount "$10,000."

Section 2. Amend §6309, Subchapter I, Chapter 63, Title 7 of the Delaware Code by striking subsection (f) in its entirety, by redesignating subsection (g) as the new subsection (j), and by redesignating existing subsections (h),

(i) and (j) as new subsections (1), (m) and (n).

Section 3. Amend §6309, Subchapter I, Chapter 63, Title 7 of the Delaware Code by inserting new subsections (f), (g), (h), (i) and (k) to read as follows:

(f) Any person who, with criminal negligence with respect to the

following: violates any provision of or fails to perform any duty imposed by this Chapter, or who violates any provisions of or fails to perform any duty imposed by a rule, regulation, order, or any facility permit adopted or issued under this Chapter, is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $10,000 or imprisonment not exceeding six (6) months, or both. The Superior Court shall have jurisdiction of offenses under this subsection.

(g) Any person who knowingly, with respect to the following: violates any provision of or fails to perform any duty imposed by this Chapter, or who violates any provision of or fails to perform any duty imposed by a rule, regulation, order, or any facility permit adopted or issued under this Chapter, is guilty, if such violation causes the release of hazardous waste into the environment, of a misdemeanor and on conviction is subject to a fine not exceeding $25,000 or imprisonment for not more than one (1) year, or both. The Superior Court shall have jurisdiction of offenses under this subsection.

(h) Any person who knowingly commits any of the following offenses is guilty of a felony and on conviction is subject to a fht not exceeding $50,000 or imprisonment not exceeding two (2) years, or both:

(1) Dumping, discharging, abandoning, or disposing into the
environment, a hazardous waste in any place other than an authorized hazardous waste facility for which a current facility permit is in effect;

(1) Transporting for treatment, storage or disposal a hazardous waste to any place other than an authorized hazardous waste facility for which a current facility permit is in effect; or

(1) Authorizing, directing or participating in any offense listed in this subsection.

(1) Any person who knowingly with respect to the following: transports, treats, stores, exports, or otherwise disposes of a hazardous waste in a manner that would constitute a violation under subsection (h) of this section and who knows at that time that tho violation places another person in imminent danger of death or serious bodily injury is guilty of a felony and on conviction is subject to a fine not exceeding $100,000 or imprisonment not exceeding five (5) years, or both. For purposes of this subsection, in determination whether a person's state of mind is knowing and whether a person knew that the violation or conduct placed another person in imminent danger of death or serious bodily injury, the criteria provided under Section 3008(f) of the Resource Conservation and Recovery Act (42 U.S.C. §6928(f) as adopted in PL99-499) shall apply.

(k) The terms used in this Section which pertain to criminal violations shall have the same meanings as such terms are defined in Title 11 of the Delaware Code. No person shall be prosecuted for criminal violations under this Section if such person is exercising a right of appeal under this Chapter with respect to a requirement which serves as the basis for the violation."

Section 4. Subsections (f) through (1) of §6309, Chapter 63, Title 7 of the Delaware Code shall apply to all such offenses committed, or alleged to have been committed on or after the date of enactment of the amendments. Subsection (f) as it was in effect prior to the date of enactment of this amendment shall govern all offenses committed, or alleged to have been committed, before the date of enactment of this amendment. Offenses committed, or alleged to have been committed during a course of conduct covering a time period both before and after the date of enactment of this amendment shall be governed by subsection (f) as it was in effect prior to the date of this amendment.

Section 5. Nothing in subsection (f) through (j) of §6309, Chapter 63, Title 7 of the Delaware Code shall be deemed to preclude prosecution under any other provisions of the Delaware Code nor shall these Sections be deemed to repeal any other sections of the Delaware Code.

Approved July 12, 1994.