CHAPTER 461

FORMERLY

HOUSE BILL NO. 618

AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE REGARDING THE HAZARDOUS MATERIALS TRANSPORTATION ACT OF 1979.

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

Amend Section 8224, Title 29 of the Delaware Code by adding after subsection (6) the following:

"'Act' means the Hazardous Materials Transportation Act of 1979.

(7) This act shall not apply to the transportation of those hazardous materials cited below from retailer to final end user, or between final end users from farm to farm in approved containers and in the amounts and manner specified.

a. Agricultural pesticides classified as Class 13 Poison or Flammable by these regulations, when moved in quantities of 5,000 pounds or less (aggregate gross weight) or 500 gallons or less volume in solution;

b. Gasoline, diesel fuels, oils, lubricants, and liquefied petroleum gas, when moved in quantities of 1,100 gallons or less;

c. Ammonium nitrate fertilizer, when moved in quantities of 16,000 pounds (aggregate gross weight) or less;

d. Anhydrous ammonia when transported in a cargo tank (commonly known as a nurse tank and considered an implement of husbandry) operated by private carriers exclusively for agricultural purposes, provided the cargo tank:

1. has a minimum design pressure of 250 pounds per square inch (p.s.i.) and meets the requirements of the ASME code in effect at the time of manufacture and is marked accordingly;

2. is equipped with safety relief valves meeting the requirements of CGA Pamphlet S12;

3. is painted white or aluminum;

4. has a capacity of 2,000 gallons or less;

5. is loaded to a filling density of 56 percent of water density (85 percent of volume capacity);

6. is securely mounted on a farm wagon.

e. Formulated agricultural chemicals not listed in subsection a or c above which are offered for transportation in less-than-case-lot quantities, or when repackaged, if all of the following conditions are met:

1. Inside packagings are enclosed in strong outside packagings. Inside liquid packagings are cushioned, if necessary, to prevent breakage and leakage.

2. Each inside packaging does not exceed 2 ½ gallons capacity for liquids or 25 pounds for dry materials.

3. Gross weight of less-than-case or repackaged lots is not over 100 pounds in each vehicle.

4. Transportation is authorized only by private motor vehicle between a final distribution point and the ultimate point of application, if that distance does not exceed one hundred miles.

f. Formulated liquid agricultural chemicals in specification packagings of 55 gallons capacity, or less, with closures manifolded to a closed mixing system and equipped with positive dry disconnect devices may be transported by a private motor carrier between a final distribution point and an ultimate point of application or loading aboard an aircraft for aerial application."

Approved July 17, 1998