2023 Delaware Code › Title 7 - Conservation › Chapter 63. HAZARDOUS WASTE MANAGEMENT › Subchapter I. Hazardous Waste › § 6308. Imminent hazards.

§ 6308. Imminent hazards.
Notwithstanding any other provision of this chapter, the Secretary, upon receipt of information that the storage, transportation, treatment or disposal of any hazardous waste may present an imminent and substantial hazard to the health of persons or to the environment, may take such action as he or she determines to be necessary to protect the health of such persons or the environment. The action the Secretary may take includes, but is not limited to:
(1) Issuing an order directing the operator of the treatment, storage or disposal facility or site, or the custodian of such hazardous waste, to take such steps as are necessary to prevent the act or eliminate the practice which constitutes such hazard. Such action may include, with respect to a facility or site, permanent or temporary cessation of operation;
(2) Issuing an order directing the persons who previously owned or operated a treatment, storage or disposal facility or site which constitutes such hazard and who are determined by the Secretary to be responsible for activities causing the hazard, to take such steps as are necessary to prevent or eliminate the hazard;
(3) Enforcement action pursuant to § 6309 of this title;
(4) Directing Department personnel to undertake emergency cleanup and remedial measures. The Secretary may recover the costs of such measures from the responsible party;
(5) a. A Hazardous Waste/Groundwater Cleanup Revolving Fund is hereby established for the purpose of providing the funds to expeditiously undertake the investigation of and conduct necessary remedial measures to mitigate instances of groundwater contamination or accidents which may pose a significant threat to human health and/or the environment.
b. All revenues recovered under this section shall be retained by the Department of Natural Resources and Environmental Control and placed in the Hazardous Waste/Groundwater Cleanup Revolving Fund. Expenditures from this Fund shall be controlled by the Appropriated Special Funds portion of the annual Budget Act.
c. In the event that the revolving fund is expended and the Department requires additional funding to address hazardous waste/groundwater contamination incidents which may pose significant threats to human health and/or the environment, the Secretary may petition the Secretary of Public Safety for additional funds under § 8232 of Title 29 (hazardous substance spill cleanup).
d. The Secretary of the Department of Natural Resources and Environmental Control must report annually to the Governor and the General Assembly on or before July 1 all expenditures from this Fund, receipts collected, ongoing litigation and its current balance.
e. The General Fund start-up moneys shall be a continuing appropriation until June 30, 1990. The Department may request additional funding for this purpose during the normal budgetary process when they project that the initial balance cannot be maintained due to protracted litigations.
62 Del. Laws, c. 412, §  3;  64 Del. Laws, c. 123, §  1;  65 Del. Laws, c. 47, §  1;  70 Del. Laws, c. 186, §  1;