Delaware General Assembly

Signed 5/15/08

The General Assembly has ended, the current status is the final status.

SB 168

3/19/08

McBride

Sen. Connor, F Simpson
Reps. Carey, McWilliams

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.

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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Takes effect upon being signed into law

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