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147th General Assembly
House Bill # 367 w/HA 1

Primary Sponsor: Heffernan Additional Sponsor(s):    Sen. McBride
CoSponsors: Reps. Barbieri, Hudson, J. Johnson, B. Short, M. Smith, Viola, Wilson; Sen. Sokola
Introduced on : 05/29/2014
Synopsis of Orginal Bill:
(without Amendments)
This Act makes a number of revisions, additions, and technical clarification to Title 7 relating to Delaware’s petroleum and hazardous substances underground storage tank program in order to ensure the protection of public health and the environment, including drinking water.
The Act revises the purpose section to include the purpose that contaminated soil and groundwater should be remediated and that the costs of remediation should be fairly apportioned among the responsible parties, associated with the facility and underground storage tanks. These responsible parties presumably benefited or could have benefited from such associations.
The Act retains the current liability of responsible parties to remediate pollution from retail gasoline stations, and provides for new liability standards commencing on January 1, 2016, which borrows elements from Delaware’s Hazardous Substances Cleanup Act, chapter 91 of Title 7.
The Act clarifies the Department’s responsibility to assume control of a release situation and resulting cost recovery, and also expressly provides for contribution from other responsible parties. It also provides liability protections for lenders who foreclose on properties that contain underground storage tanks and explains what lenders need to do to maintain this liability protection.
The Act makes it expressly clear in the definition of “facility” that a facility remains a facility under chapter 74, after any removal of tanks from the facility, and remains subject to remediation and other continuing requirements.
The Act also clarifies the authority of the Department to access property and use Hazardous Substance Cleanup Funds to confirm suspected releases from underground storage tanks, and to investigate and clean up releases of petroleum and other hazardous substances resulting from leaking underground storage tanks. Further, the Act amends the financial responsibility statutory language to be consistent with existing federal requirements.
Finally, in order to protect public health and the environment, the Act clarifies that, when site conditions warrant it, the Department may require that an environmental covenant be placed on a property as part of a risk based environmental cleanup of contamination resulting from a release from an underground or aboveground storage tank. Begin Synopsis Here
Current Status: Signed   On   10/06/2014
Volume Chapter79:440
Date Governor acted:10/06/2014
Full text of Legislation:
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Full text of Legislation:
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Fiscal Notes/Fee Impact:Not Required
Amendments: HA 1 to HB 367 - Passed
Committee Reports:
House Committee Report 06/11/14 F=1 M=6 U=0---->Committee Report
Senate Committee report 06/25/14 F=0 M=5 U=0----->Committee Report
Voting Reports:
House vote: () Passed 6/17/2014 5:36:50 PM------->Voting Record
Senate vote: () Passed 6/26/2014 3:20:24 PM------->Voting Record
Engrossed Version:
Actions History:
Oct 06, 2014 - Signed by Governor
Jun 26, 2014 - Passed by Senate. Votes: Passed 20 YES 1 NO 0 NOT VOTING 0 ABSENT 0 VACANT
Jun 25, 2014 - Reported Out of Committee (NATURAL RESOURCES & ENVIRONMENTAL CONTROL) in Senate with 5 On Its Merits
Jun 18, 2014 - Assigned to Natural Resources & Environmental Control Committee in Senate
Jun 17, 2014 - Passed by House of Representatives. Votes: Passed 40 YES 0 NO 0 NOT VOTING 1 ABSENT 0 VACANT
Jun 17, 2014 - Amendment HA 1 - Passed in House by Voice Vote
Jun 17, 2014 - Amendment HA 1 - Introduced in House
Jun 11, 2014 - Reported Out of Committee (NATURAL RESOURCES) in House with 1 Favorable, 6 On Its Merits
May 29, 2014 - Introduced and Assigned to Natural Resources Committee in House
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