Del. Code 7, § 6028 : Conservation — Environmental Control — Powers And Duties Of Secretary And Department — Report of discharge of pollutant or air contaminant

Current through 2016 Legislative Session, Act 399

(a) Any person who causes or contributes to an environmental release or to the discharge of an air contaminant into the air, or a pollutant, including petroleum substances, into surface water, groundwater or on land, or disposal of solid waste in excess of any reportable quantity specified under either regulations implementing § 102 of the Federal Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended [ 42 U.S.C. § 9602 ], § 311 of the Clean Water Act of 1980, as amended [ 33 U.S.C. § 1321 ], or Department regulations, whichever restriction is most stringent, shall report such an incident to the Department as soon as the person has knowledge of said environmental release or discharge and activating their emergency site plan if appropriate unless circumstances exist which make such notification impossible. Such initial notification shall be made in person or by telephone to a number specifically assigned by the Department for this purpose and shall include, to the maximum extent practicable, the following information:

(1) The facility name and location of release;

(2) The chemical name or identity of any substance involved in the release;

(3) An indication of whether the substance is an extremely hazardous substance;

(4) An estimate of the quantity of any such substance that was released into the environment;

(5) The time and duration of the release;

(6) The medium or media into which the release occurred;

(7) Any known or anticipated acute or chronic health risks associated with the emergency and, where appropriate, advice regarding medical attention necessary for exposed individuals;

(8) Proper precautions to take as a result of the release, including evacuation (unless such information is readily available to the community emergency coordination pursuant to the emergency plan);

(9) The names and telephone number of the person or persons to be contacted for further information; and

(10) Such other information as the Department may require.

This information shall be made available to the public by posting on the Department's internet web site no later than 1 business day after the release is reported. Discharges in compliance with a validly issued state permit or in compliance with other state and federal regulations are exempt from the reporting requirement.

(b) The Department shall adopt regulations revising the list, referred to in subsection (a) of this section, of pollutants environmental releases or air contaminants and their reportable quantities which are to be reported to the Department.

(c) The reporting requirements under this section are in addition to and not in lieu of, any other discharge reporting requirements found in any other state, federal, county or local government permits, regulations or ordinances.

(d) At the Department's discretion, the Department may require said person to file a written report with the Department describing in detail the facts and circumstances of the discharge and measures proposed to prevent such discharge from occurring in the future.

(e) Discharges of an air contaminant or pollutant (including petroleum substances) that are wholly contained within a building are exempt from the reporting requirements.

(f) Any person who violates this section or any rule or regulation duly promulgated hereunder shall be punishable in accordance with the enforcement provisions of this chapter.

Del. C. § 6028

7 Del. C. 1953, § 6028; 59 Del. Laws, c. 212, § 1; 59 Del. Laws, c. 537, § 18; 65 Del. Laws, c. 507, §1; 66 Del. Laws, c. 221, §1; 67 Del. Laws, c. 288, §1; 73 Del. Laws, c. 117, § 3.;