§ 8225. Adoption of federal requirements. (a) The State hereby adopts the following parts of the Code of Federal Regulations (hereinafter sometimes referred to as C.F.R.), being Title 49, Part 107, Subpart F and G, Subchapter C of Chapter I, Parts 171 through 180 and Parts 393 and 397 of Subchapter B, Chapter III, unless […]
§ 8226. State Emergency Response Commission. (a) A State Emergency Response Commission (SERC) is hereby established in compliance with Title III of the Federal Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. Chapter 116, Emergency Planning and Community Right-to-Know) (42 U.S.C. § 11001 et seq.), and all appointed commissioners shall serve at the pleasure […]
§ 8227. Remedies. (a) The Attorney General, upon request of the Commission or upon the Attorney General’s own motion, may proceed in the name of the State, by injunction, mandamus, quo warrants or other appropriate remedy at law or in equity, to restrain violations of the Commission’s regulations or orders or to enforce obedience thereto. […]
§ 8228. Jurisdiction; penalties. (a) (1) Any person who, as operator of a vehicle, shall knowingly or wilfully violate any provision of this Act, the Code of Federal Regulations adopted under this Act and/or any regulations of the Commission pertaining to routing, parking or other act in the actual operation of a vehicle, shall be […]
§ 8229. Exclusive state regulation; general repealer. It is the intent of this Act that this be the exclusive state method of regulating and controlling the transportation of hazardous materials. To that end all acts and parts of acts, ordinances and regulations elsewhere promulgated or enacted are hereby repealed and declared unenforceable to the extent […]
§ 8230. Exemption from liability. (a) Notwithstanding any provision of law to the contrary, no individual, partnership, emergency response team, corporation, industrial response team, association or other entity shall be liable in civil damages as a result of acts taken or omitted in anticipation of, in preparation for, or in the course of rendering care, […]
§ 8231. Hazardous substance spill cleanup. (a) The Secretary of the Department of Safety and Homeland Security or the Secretary’s designee is permitted to expend any funds appropriated to the Department to contain or clean up a hazardous substance spill as defined by § 101(14) or § 102 of the Comprehensive Environmental Response Compensation and […]
§ 8232. State Emergency Response Commission; other personnel. Notwithstanding any inconsistent provisions of any public, private or special law, any person who is a bona fide member of, or who is appointed by the State Emergency Response Commission under the authority of § 301(c) [42 U.S.C. § 11001] of Title III, Superfund Amendment and Reauthorization […]
§ 8233. Division of Capitol Police. The Division of Capitol Police is established and shall be responsible for the performance of all the powers, duties and functions heretofore vested in the Division of Capitol Police, pursuant to Chapter 82 of Title 11. 75 Del. Laws, c. 322, § 3;
§ 8234. Division of the Office of Highway Safety. The Division of the Office of Highway Safety is established and shall be responsible for the performance of all the powers, duties and functions vested in the Division of the Office of Highway Safety pursuant to Chapter 49 of this title. 76 Del. Laws, c. 391, […]
§ 8235. Division of Communications. There is hereby established, within the Department of Safety and Homeland Security, a Division of Communications with duties, powers and responsibilities as defined. (1) The Division of Communications shall: a. Possess the technical expertise to maintain the state radio communications equipment for the State; b. Plan, coordinate and monitor the […]
§ 8236. Division of Gaming Enforcement. (a) There is hereby established, within the Department of Safety and Homeland Security, a Division of Gaming Enforcement with duties, powers and responsibilities as defined. It shall be the responsibility of all police jurisdictions and video lottery agents to report any and all suspicious or criminal activity involving gaming […]
§ 8237. Omnibus School Safety Act. (a) Purpose. — The purpose of the Omnibus School Safety Act is to enhance public safety in all of Delaware’s public schools (including charter schools) and school districts through the development and maintenance of comprehensive, site-specific, National Incident Management System (NIMS)-compliant safety and emergency preparedness plans for each public […]
§ 8238. Division of Forensic Science. The Division of Forensic Science is established and shall be responsible for the performance of all the powers, duties and functions heretofore vested in the Office of the Chief Medical Examiner and duties of the medical examiners and Forensic Science Laboratory, as set forth in Chapter 47 of this […]
