DE SB233 | 2015-2016 | 148th General Assembly


Completed Legislative Action
Spectrum: Bipartisan Bill
Status: Passed on July 13 2016 - 100% progression
Action: 2016-07-13 - Signed by Governor
Text: Latest bill text (Draft #1) [HTML]


This Act clarifies the definitions of “in-service” and “out-of-service” aboveground storage tanks, It also adds a definition for “an imminent threat of a release” that is consistent with the definition found in 7 Del. Code Chapter 91, the Hazardous Substance Cleanup Act. The Act also adds a definition for an “Indicated Release” which will be further clarified through regulation and is consistent with how the term is currently used in the underground storage tank regulations. The Act also authorizes the Department to intervene when the owner or operator has failed to address situations where signs exist that an aboveground storage tank, or secondary containment system is found to have an indicated release, or where an aboveground storage tank presents an imminent threat of a release. The Act clarifies the authority for the Department to recover costs associated with these activities in a manner consistent with 7 Delaware Code Chapter 74, Delaware’s Underground Storage Tank Act. Lastly, the Act authorizes the use of Hazardous Substance Cleanup Funds to prevent releases of petroleum and other hazardous substances from aboveground storage tanks, and to investigate and clean up such releases when they occur.

Tracking Information

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


Roll Calls

2016-07-01 - House - House Third Reading (Y: 36 N: 0 NV: 1 Abs: 4) [PASS]


2016-07-13SenateSigned by Governor
2016-07-01HousePassed by House of Representatives. Votes: Passed 36 YES 0 NO 1 NOT VOTING 4 ABSENT 0 VACANT
2016-05-18HouseReported Out of Committee (NATURAL RESOURCES) in House with 1 Favorable, 7 On Its Merits
2016-05-10HouseIntroduced and Assigned to Natural Resources Committee in House
2016-05-05SenatePassed by Senate. Votes: Passed 18 YES 0 NO 0 NOT VOTING 3 ABSENT 0 VACANT
2016-05-04SenateReported Out of Committee (NATURAL RESOURCES & ENVIRONMENTAL CONTROL) in Senate with 5 On Its Merits
2016-04-19SenateAssigned to Natural Resources & Environmental Control Committee in Senate

Delaware State Sources

Bill Comments