SPONSOR:	Rep. Kowalko & Sen. Peterson
	Reps. Gilligan, Keeley, Longhurst, McWilliams, Schwartzkopf, B. Short

HOUSE OF REPRESENTATIVES

144th GENERAL ASSEMBLY

HOUSE BILL NO. 252

AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO HAZARDOUS WASTE MANAGEMENT.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend §6304, Title 7 of the Delaware Code by inserting a new subsection “(h)” thereto as follows:

“(h) No hazardous waste generated within this State shall be transported, shipped, sent or delivered to location outside of the United States, and no hazardous waste generated within this State shall be treated, stored or disposed of at a location outside of the United States.”.

Section 2. Amend §6307, Title 7 of the Delaware Code by inserting a new subsection “(k)” thereto as follows:

“(k) Any hazardous waste generated within this State shall be stored, treated and disposed of according to all standards promulgated or adopted by the United States Environmental Protection Agency for such hazardous waste. For purposes of this subsection, the term hazardous waste shall, in addition to the definition set forth in §6302 of this Chapter, mean the following:

(1) Any chemical, compound, material, element, mixture, waste or substance now

or at any time hereafter defined, designated, listed in, or otherwise classified by any federal statute or regulation, or any statute or regulation of this State, as ‘hazardous waste,’ ‘hazardous material,’ ‘hazardous substance,’ ‘extremely hazardous waste,’ ‘toxic substance,’ ‘toxic pollutant,’ or any other similar designation intended to define, list or classify a substance by reason of its harmful properties, such as ignitability, corrosivity, reactivity, carcinogenicity or toxicity, including, but not limited to all hazardous wastes listed under the Resource Conservation and Recovery Act (RCRA), 42 U.S.C. §6901, et. seq., in the following lists: F,K, P and U, such as K 178.

(2) Any solid waste now or at any time hereafter located within this State that

meets the definition of ‘hazardous waste’ set forth in subparagraph (1) of this subsection, notwithstanding the date such solid waste was generated and notwithstanding any state or federal exemptions, including, but not limited to the exemption to RCRA land disposal restrictions that requires wastes to be removed from the land and actively managed in a manner constituting land disposal, if the waste otherwise would be classified as hazardous waste under current law, and has yet to be treated, stored or disposed of according to all standards promulgated or adopted by the United States Environmental Protection Agency for such hazardous waste.

SYNOPSIS

The purpose of this legislation is to ensure that all hazardous waste generated in this State is treated, stored, or disposed of in a safe manner that is protective of public health and the environment, and according to all existing and future federal standards. The legislation is also designed to prevent hazardous waste generated in this State from being sent outside of the United States to countries where health and environmental standards may not be equal to standards in this country.