2023 Delaware Code › Title 7 - Conservation › Chapter 77. EXTREMELY HAZARDOUS SUBSTANCES RISK MANAGEMENT ACT › § 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 thermal exposure beyond the property boundaries of a facility which may cause death or permanent disability to a person because of a single short-term exposure. An accidental fire at a nonregulated facility is not a “catastrophic event” creating EHS.
(3) “Catastrophic release” means a major uncontrolled emission, fire, or explosion, involving 1 or more extremely hazardous substances that imminently and substantially endangers public health beyond the property boundaries of the facility.
(4) “Department” means the Department of Natural Resources and Environmental Control.
(5) “EPA” means the United States Environmental Protection Agency.
(6) “Extremely hazardous substance” or “EHS” means a substance in the form of a gas, liquid, solid, vapor, powder, aerosol, or mixture of these states that is listed under § 7707 of this title, or any other chemical which may, as a result of short-term exposures because of releases to the environment, cause public death, injury, or property damage due to the substance's toxicity, reactivity, volatility, or corrosivity.
(7) “Extremely hazardous substance list” or “EHSL” means regulated substances under § 7707 of this title in Regulation 1201 of Title 7 of the Delaware Administrative Code [7 DE Admin. Code Chapter 1201].
(8) “Facility” means an area bounded by a property line where a person has EHS present, or the sum of adjacent such areas separated by less than 100 meters under common management control.
(9) “Inspection notes” means handwritten statements or descriptions made during an inspection used to aid memory when preparing the inspection report.
(10) “OSHA” means the United States Department of Labor, Occupational Safety and Health Administration.
(11) “Person” means a natural person, partnership, limited partnership, trust, estate, corporation, custodian, association, nominee, or any other individual entity in its own or any representative capacity.
(12) “Release” means the introduction of an EHS into the atmosphere that, by means of atmospheric dispersion under average atmospheric conditions for Delaware, will cause an EHS to be conveyed outside of a facility or the generation of a pressure wave or a thermal exposure beyond the facility's boundary.
(13) “Responsible person” means 1 or more of the following:
a. For a corporation, a president, vice-president, secretary, or treasurer of the corporation, or any other person who performs similar policy or decision making functions for the corporation, or a duly authorized representative of a person approved in advance by the Department, who may be the “contact person” as indicated in the RMP.
b. For a partnership, limited partnership or sole proprietorship, a general partner or the proprietor, respectively, or the delegation of authority to a representative approved in advance by the Department, who may be the “contact person” as indicated in the RMP.
c. For a municipality, state, federal, or other public agency, either a principal executive officer, a ranking elected official, or a duly authorized representative of a person approved by the Department, who may be the “contact person” as indicated in the RMP.
(14) “Risk management plan” or “RMP” means the information that must be submitted by each EPA regulated facility in a method and format to a central point as specified by EPA prior to June 21, 1999. This information shall contain an executive summary, registration, 5-year accident history, off-site consequence analysis, prevention program summary, summary of the emergency response program, and a certification statement by the facility owner or operator. For substances regulated by Delaware but not regulated by EPA, the risk management plan shall be submitted in a method and format to a central point as specified by the Department, by regulation, prior to June 21, 1999. The RMP from each facility will be made available to the Department, the State Emergency Response Commission, the Local Emergency Planning Committees, to other state agencies involved in emergency planning and preparedness, and the citizens of this State.
(15) “Risk management program” means all activities intended to reduce risk, under § 7709 of this title, including the consideration of technology, personnel, and facilities.
(16) “Secretary” means the Secretary of the Department of Natural Resources and Environmental Control or the Secretary's designee.
(17) “Substance hazard index” or “SHI” means a calculated number which relates the relative danger of a substance considering substance toxicity and ability to disperse in the atmosphere as specified under § 7707 of this title.
(18) “Threshold quantity” or “TQ” means the amount of EHS sufficient to cause a catastrophic event. The threshold quantity shall be calculated based on the criterion established under § 7707(b) of this title.
(19) “Unit” means the actual quantity of EHS on a facility within a process divided by the threshold quantity.
66 Del. Laws, c. 417, §  1;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 308, §  1;  79 Del. Laws, c. 431, §  1;  83 Del. Laws, c. 315, § 2;