§ 7701. Short title.

§ 7701. Short title. This chapter shall be known and may be cited as the “Extremely Hazardous Substances Risk Management Act.” 66 Del. Laws, c. 417, § 1;  71 Del. Laws, c. 308, § 1; 

§ 7702. Findings.

§ 7702. Findings. (a) The General Assembly finds that a portion of Delaware’s population is potentially exposed to accidental releases of extremely hazardous substances (EHS) which could cause deaths or permanent disabilities to persons experiencing short-term exposure to those substances. (b) The General Assembly also finds that although modern technology, operating systems, inspection and monitoring […]

§ 7703. Purpose, goal and scope.

§ 7703. Purpose, goal and scope. (a) The purpose of this chapter is to protect the lives and health of citizens of the State living and working in the vicinity of facilities with extremely hazardous substances. (b) This chapter is concerned with the prevention of sudden releases of EHS and the generation of pressure waves […]

§ 7704. Policy and general duty.

§ 7704. Policy and general duty. (a) The General Assembly believes that every person in control of or associated with an EHS is responsible for operating in a manner consistent with the purpose of this chapter. It is their obligation to develop and implement a risk management program that anticipates and minimizes the chances of […]

§ 7705. Definitions.

§ 7705. Definitions. For purposes of this chapter: (1) “Actual quantity” or “AQ” means the sum of all the physical quantities of a specific EHS in whatever form at the maximum design capacity of the facility. (2) “Catastrophic event” means a sudden release of a sufficient quantity of an EHS, a pressure wave or a […]

§ 7706. Regulations.

§ 7706. Regulations. (a) The Secretary may adopt, amend, modify or repeal regulations, after public hearing, to effectuate the policy and purpose of this chapter. Cost effectiveness, technical feasibility, risk to public health and risk reduction effectiveness are factors that must be considered by the Department in making its findings and developing regulations. In no […]

§ 7707. Extremely hazardous substance list (EHSL).

§ 7707. Extremely hazardous substance list (EHSL). (a) The Department shall develop and adopt regulations for the identification of extremely hazardous substances. An EHSL shall be developed based on at least 1 of the following criteria: (1) Extremely toxic substances. — Substances are regulated because of their extreme toxicity, ability to disperse and quantity. Each […]

§ 7708. Risk management plan.

§ 7708. Risk management plan. (a) Prior to January 1, 1999, the Department shall develop regulations and appropriate guidance to aid the regulated facilities in Delaware in complying with their obligations to submit a RMP. It is the belief of the General Assembly that the federal database of facility RMPs can and should be used […]

§ 7709. Risk management program.

§ 7709. Risk management program. (a) The Department shall adopt, pursuant to § 7706 of this title, regulations stating the critical provisions of a risk management program. The provisions will include, but not be limited to: (1) Design standards review. (2) Modification control and documentation of equipment and procedural changes. (3) Hazard review of all […]

§ 7710. Inspection.

§ 7710. Inspection. (a) Inspection program components. — Essential components of a facility inspection shall include at a minimum: (1) A sampling of all required risk management program documentation; (2) A physical inspection of equipment associated with the process containing the EHS to verify implementation of the risk management program; (3) Evidence of the application […]

§ 7711. Notification requirements.

§ 7711. Notification requirements. Construction and operating permits shall be granted by state agencies for facilities and equipment involving extremely hazardous substances regulated under this chapter only after notification by those agencies to the Department and written confirmation by any person involved that the permit applicant has been notified of the requirements of this chapter […]

§ 7712. Information program.

§ 7712. Information program. (a) The Department, assisted by the Division of Public Health of the Department of Health and Social Services and the Department of Safety and Homeland Security shall prepare and implement an information program designed to inform the general public, local public officials, and the business community about the requirements of this […]

§ 7713. Fees.

§ 7713. Fees. (a) The Department is authorized to charge and collect fees from persons with extremely hazardous substances pursuant to §§ 7707 and 7709 of this title. Fees shall be a minimum of $500 per year for the first whole unit and $25 per year for each additional unit to a maximum of 300 […]

§ 7714. Violations and penalties.

§ 7714. Violations and penalties. (a) Whoever violates this chapter or any rule or regulation duly promulgated thereunder, shall be punishable by a civil penalty imposed by Superior Court of not less than $1,000 nor more than $10,000 per day per violation. In addition, the Secretary may seek injunctive or other relief in Chancery Court. […]

§ 7715. Hearings.

§ 7715. Hearings. Any public hearing held by the Secretary pursuant to this chapter shall be held in accordance with § 6006 of this title, as well as any additional notice and hearing requirements the Secretary has adopted by regulation. 66 Del. Laws, c. 417, § 1;  71 Del. Laws, c. 308, § 1; 

§ 7716. Appeals.

§ 7716. Appeals. (a) Any person or persons whose interest is substantially affected by any action of the Secretary may appeal to the Environmental Appeals Board in accordance with § 6008 of this title. (b) Any person or persons, jointly or severally, or any taxpayer, or any officer, department, board or bureau of the State, […]

§ 7717. Inconsistent laws superseded.

§ 7717. Inconsistent laws superseded. All laws or regulations inconsistent with any provision of this chapter are hereby superseded to the extent of the inconsistency; provided however, that rights of a person or persons to recover damages shall not be affected by this chapter. 71 Del. Laws, c. 308, § 1;