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 Back | 144th General Assembly
SS 1 for SB 168 w/SA 2 |
| Primary Sponsor: | McBride | |
| CoSponsors: | Sens. Connor & Simpson,Reps. Carey & McWilliams |
| Introduced on : | 03/19/2008 | |
| 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 Substitute 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. An Establishment is defined as any real property, business operation, or 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 which has been classified as a Large Quantity Generator of hazardous wastes under the Delaware Regulations Governing Hazardous Waste.
The Substitute 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.
The Substitute Bill also establishes a contractor certification program under Chapter 91.
The Substitute Bill makes several technical changes including the addition of the definition of “Affiliate” and an effective date.
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| Amendments: |
SA 1 to SS 1 for SB 168 - Stricken
SA 2 to SS 1 for SB 168 - Passed
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| Substituted Legislation for Bill : |
Original bill -------> |
| Committee Reports: |
Senate Committee report 03/19/08 F=2 M=4 U=0----->
House Committee Report 04/16/08 F=0 M=7 U=0----> |
| Voting Reports: |
Senate vote: () Passed 4/10/08 4:17:58 PM------->
House vote: () Passed 5/6/08 4:26:00 PM-------> |
| Engrossed Version: |
Engrossment-------> |
Actions History:
| May 06, 2008 - Passed by House of Representatives. Votes: 38 YES 1 NO 0 NOT VOTING 2 ABSENT
Apr 16, 2008 - Reported Out of Committee (ENERGY AND NATURAL RESOURCES) in House with 7 On Its Merits
Apr 15, 2008 - Introduced and Assigned to Energy and Natural Resources Committee in House
Apr 10, 2008 - Passed by Senate. Votes: 20 YES 0 NO 0 NOT VOTING 1 ABSENT
Apr 10, 2008 - Amendment SA 2 Passed by Senate. Votes: 20 YES 0 NO 0 NOT VOTING 1 ABSENT
Apr 10, 2008 - Amendment SA 2 Introduced in Senate
Apr 10, 2008 - Amendment SA 1 Stricken
Apr 09, 2008 - Amendment SA 1 Introduced and Placed With the Bill in Senate
Mar 19, 2008 - Reported Out of Committee (NATURAL RESOURCES & ENVIRONMENTAL CONTROL) in Senate with 2 Favorable, 4 On Its Merits
Mar 19, 2008 - Re-Assigned to Natural Resources & Environmental Control committee in Senate
Mar 19, 2008 - was introduced and adopted in lieu of SB 168
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