7 Del. Admin. Code § 1203-1.0

Current through Reigster Vol. 28, No. 6, December 1, 2024
Section 1203-1.0 - General Provisions
1.1 The purpose of this Regulation is to describe the requirements for reporting the discharge of a pollutant or an air contaminant as mandated in 7 Del.C., Section 6028.
1.2 Information obtained through the provisions of this Regulation shall be made available for public inspection in accordance with 29 Del.C., Chapter 100 and Department of Natural Resources and Environmental Control (Department) Freedom of Information Act (FOIA) regulations except where such information is of confidential nature as defined in 7 Del. C., Section 6014.
1.3 The list of chemicals and substances subject to the reporting requirements of this Regulation and the associated Delaware Reportable Quantity (DRQ) for each chemical and substance is contained in Section 3. The Department may, after providing proper public notice and an opportunity for public hearing, add or delete chemicals or substances or change the DRQ of any chemical or substance.
1.4 The reporting requirements under this Regulation are in addition to and not in lieu of, any other discharge reporting requirement found in any other state, federal, county or local government statutes, permits, regulations or ordinances.
1.5 Reserved
1.6 Definitions

"Delaware Reportable Quantity" (DRQ) - means the reportable quantity of chemicals, substances or mixtures listed in Section 3 of this regulation notwithstanding any reporting requirements by other state, federal, county or local government statutes, regulations or ordinances. To be reportable, the DRQ is based on the total quantity discharged over a rolling 24 hour period.

"Discharge" means any spilling, leaking, pumping, pouring, emitting, emptying, releasing, injecting, escaping, leaching, dumping, or disposing into the environment of any chemical or substance listed in Section 3 but excludes emissions from the engine exhaust of a motor vehicle, rolling stock, aircraft, waterborne vessel or pipeline pumping station engine. Discharge includes any environmental release.

"Environmental Emergency Notification and Complaint Number" - means the 24hour DNREC telephone number(s) used for reporting the discharge of a pollutant or an air contaminant.

"Environmental Release" - means any spillage, leakage, emission, discharge, or delivery into the air or waters or on or into the lands of this State, of any sewage of 10,000 gallons or more, oil, industrial waste, liquid waste, hydrocarbon chemical, hazardous substance, hazardous waste, restricted chemical material, vessel discharge, air contaminant, pollutant, regulated biological substance or other wastes reportable pursuant to the Comprehensive Environmental Response, Compensation and Liability Act of 1980 as amended, or this Regulation.

"Extremely Hazardous Substance" - means substances listed in 40 CFR Part 355 Appendices A and B as amended May 7, 1996.

"Heating Oil" means petroleum that is one of nine technical grades. These are: No. 1; No.2; No.4light; No.4heavy; No.5light; No.5heavy; No.6 technical grade of fuel oil; other residual fuel oils (including Navy Special Fuel Oil and Bunker C); and other fuels used as substitutes for one of these fuels such as kerosene or diesel when used for heating purposes. Heating oil is typically used in the operation of heating equipment, boilers, or furnaces.

"Motor Fuel" means petroleum or petroleum based substance that is motor gasoline, aviation gasoline, jet fuel, No. 1 or No. 2 diesel fuel, or any grade of gasohol, and is typically used in the operation of a motor engine.

"Petroleum Substance" - means oil of any kind or in any form, including but not limited to petroleum, fuel oil, heating oil, sludge, oil refuse, and oil mixed with wastes other than dredged spoil. Vegetable based oils such as soybean oil are not included.

"Sewage"- means water-carried human or animal wastes from septic tanks, water closets, residences, buildings, industrial establishments, or other places, together with such ground water infiltration, subsurface water, and mixtures of industrial wastes or other wastes as may be present.

7 Del. Admin. Code § 1203-1.0

6 DE Reg. 661 (11/1/02)