|
|  |
|
 BackHOUSE OF REPRESENTATIVES
Committee Report
| Legislation: | SS 1 for SB 168 w/SA 2 |
| Sponsor: | McBride |
| 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. |
| Committee: | ENERGY AND NATURAL RESOURCES |
| Number of Committee Members: | 13 |
| Date of Report: | 04/16/2008 |
| Committee Vote: | Favorable: | On Its Merits: | Unfavorable: |
| 0 | 7 | 0 |
Purpose of the Bill : This Bill provides that any party seeking Transfer of an Establishment must conduct and submit All Appropriate Inquiry findings to the Department of Natural Resources and Environmental Control and other parties to the transfer prior to the transfer. 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 disposal of all Chemicals or Hazardous substances in accordance with applicable law or in accordance with any Order of the Bankruptcy Court 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.
Committee Findings: Since the chemical industry is in agreement that action needs to be taken legislatively on establishment transfers and is in support of this bill, there were no major concerns raised about this bill.
|