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 Back | 144th General Assembly
Senate Bill # 168 |
| Primary Sponsor: | McBride | |
| CoSponsors: | Sens. Connor Simpson,Reps. Carey McWilliams |
| Introduced on : | 06/26/2007 | |
| Long Title: | AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO THE TRANSFER OR CLOSURE OF CHEMICAL OR HAZARDOUS SUBSTANCE ESTABLISHMENTS AND TO ESTABLISH A CONTRACTOR CERTIFICATION PROGRAM FOR HAZARDOUS SUBSTANCE CLEANUP SITES. |
| Synopsis: | This bill provides that any party seeking to Transfer an Establishment must conduct and submit All Appropriate Inquiry findings to Department of Natural Resources and Environmental Control and other parties to the transfer prior to the transfer. An Establishment is defined as a facility reporting a cumulative total of 1 million pounds or more of any combination of hazardous chemicals or substances under 16 Del. C. §6306 and/or has been classified as a Large Quantity Generator of hazardous wastes under the Delaware Regulations Governing Hazardous Waste.
The bill further provides that upon the closure of an Establishment, regardless of whether or not the closure is a part of a bankruptcy, the owner or operator of the Establishment must: (1) submit to the Department a list of all Chemicals and Hazardous substances at the Establishment; (2) submit a plan to the Secretary for the draining, removal, or otherwise disposal of all Chemicals or Hazardous substances in accordance with applicable law or in accordance with any Order of the Bankruptcy Count in the event of bankruptcy filing; (3) post warning signs; (4) submit a certification to the Department with regard to whether regulated substances have been removed and disposed of in accordance with applicable law; and (5) maintain personnel, utilities, security, site management and other measures necessary to stabilize and secure the site. All Establishments subject to this bill must provide, within 60 days of transfer, evidence of financial assurance to cover expenses necessary to stabilize the facility at time of closure.
The bill also establishes a contractor certification program under Chapter 91.
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| Substituted Legislation for Bill : |
Substitute bill -------> |
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Actions History:
| May 06, 2008 - SS 1 for SB 168 - Passed by House of Representatives. Votes: 38 YES 1 NO 0 NOT VOTING 2 ABSENT
Apr 16, 2008 - SS 1 for SB 168 - Reported Out of Committee (ENERGY AND NATURAL RESOURCES) in House with 7 On Its Merits
Apr 10, 2008 - SS 1 for SB 168 - Passed by Senate. Votes: 20 YES 0 NO 0 NOT VOTING 1 ABSENT
Apr 10, 2008 - SS 1 for SB 168 - Amendment SA 2 - Passed by Senate. Votes: 20 YES 0 NO 0 NOT VOTING 1 ABSENT
Apr 10, 2008 - SS 1 for SB 168 - Amendment SA 2 - Introduced in Senate
Apr 10, 2008 - SS 1 for SB 168 - Amendment SA 1 - Stricken
Apr 09, 2008 - SS 1 for SB 168 - Amendment SA 1 - Introduced and Placed With the Bill in Senate
Mar 19, 2008 - SS 1 for SB 168 - Reported Out of Committee (NATURAL RESOURCES & ENVIRONMENTAL CONTROL) in Senate with 2 Favorable, 4 On Its Merits
Mar 19, 2008 - SS 1 for SB 168 - Assigned to Natural Resources & Environmental Control Committee in Senate
Mar 19, 2008 - Substituted in Senate by SS 1 for SB 168
Jun 26, 2007 - Assigned to Natural Resources & Environmental Control Committee in Senate
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