CHAPTER 240

FORMERLY

SENATE BILL NO. 106

AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO THE TEMPORARY STORAGE OF HAZARDOUS WASTES.

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

Section 1. Amend §6302(13), Title 7 of the Delaware Code by striking said

subsection in its entirety 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 manner as not to constitute disposal of such hazardous wastes.".

Section 2. Amend §6306, Title 7 of the Delaware Code by striking subsection (g) in

its entirety and substituting in lieu thereof the following:

"(g) Any person transporting hazardous waste who owns, operates or utilizes a hazardous waste transfer facility for storage of in-transport hazardous waste shall do so in accordance with the Delaware Regulations Governing Hazardous Wastes.".

Section 3. Amend §6306, Title 7 of the Delaware Code by striking subsections (h),

(i) and (j) in their entirety.

Section 4. Amend §6319, Title 7 of the Delaware Code by redesignating existing

subsections (h), (i) and (j) as (i), (j) and (k), respectively. Further amend said section by adding a new subsection (h) to read as follows:

"(h) The owner or operator of a hazardous waste transfer facility shall be assessed an annual fee, as established by the Department and approved by the General Assembly, for all waste stored at the facility not subject to the assessment provisions of this section. The timing of the assessment, payment and penalties shall be consistent with the requirements of this section.".

Approved July 17, 1995