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DE SB233

Bill

Status

Passed

7/13/2016

Primary Sponsor

David McBride

Click for details

Origin

Senate

148th General Assembly

AI Summary

  • Extends the time period for emptying in-service aboveground storage tanks from 45 days to 180 days for cleaning, routine maintenance, or product changes.

  • Adds definitions for "imminent threat of a release" and "indicated release" to clarify when Department intervention is authorized for aboveground storage tanks.

  • Authorizes the Department to intervene and recover costs when owners/operators fail to respond promptly to indicated releases or imminent threats, extending the reimbursement deadline from 30 days to 90 days.

  • Establishes the Department's authority to file cost recovery actions in Superior Court against responsible parties and provides an affirmative defense if the party was responding promptly when the Department assumed control.

  • Authorizes use of Hazardous Substance Cleanup Fund monies to prevent releases, render tanks empty, conduct site assessments, remove small tanks, and investigate and remediate releases from aboveground storage tanks.

Legislative Description

An Act To Amend Title 7 Of The Delaware Code Relating To The Jeffrey Davis Aboveground Storage Tank Act.

Last Action

Signed by Governor

7/13/2016

Committee Referrals

Natural Resources5/10/2016
Natural Resources & Environmental Control4/19/2016

Full Bill Text

No bill text available