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Delaware Code Title 16. Health and Safety § 6302. Definitions

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For the purposes of this chapter, definitions for the following terms and phrases shall be as follows:

(1) Administrator.--The term “Administrator” means the Administrator of the United States Environmental Protection Agency.

(2) Department.--The term “Department” means the Department of Natural Resources and Environmental Control.

(3) Environment.--The term “environment” includes water, air and land and the interrelationship which exists among and between water, air and land and all living things.

(4) Extremely hazardous substance.--The term “extremely hazardous substance” means a substance included in the list established under § 6303 of this title.

(5) Facility.--The term “facility” means all buildings, equipment, structures and other stationary items that are located on a single site or on contiguous or adjacent sites and which are owned or operated by the same person (or by any person which controls, is controlled by or under common control with such person). ‘‘Facility’’ shall include man-made structures as well as all natural structures in which chemicals are purposefully placed or removed through human means such that it functions as a containment structure for human use. For purposes of emergency release notification, the term includes motor vehicles, rolling stock and aircraft.

(6) Hazardous chemical.--The term “hazardous chemical” means any hazardous chemical as defined under § 1910.1200(c) [29 C.F.R. § 1910.1200(c)] of Title 29 of the Code of Federal Regulations, except that such term does not include the following substances:

a. Any food, food additive, color additive, drug or cosmetic regulated by the Food and Drug Administration.

b. Any substance present as a solid in any manufactured item to the extent exposure to the substance does not occur under normal conditions of use.

c. Any substance to the extent it is used for personal, family or household purposes or is present in the same form and concentration as a product packaged for distribution and use by the general public.

d. Any substance to the extent it is used in a research laboratory or a hospital or other medical facility under the direct supervision of a technically qualified individual.

e. Any substance to the extent it is used in routine agricultural operations or is a fertilizer held for sale by a retailer to the ultimate customer.

(7) Local emergency planning committee.--The term “local emergency planning committee” means the local emergency planning committee appointed by the State Emergency Response Commission.

(8) Manufacture.--The term “manufacture” means to produce, prepare, import or compound a toxic chemical.

(9) Mixture.--The term “mixture” means a heterogeneous association of substances where the various individual substances retain their identities and can usually be separated by mechanical means. The term includes solutions or compounds but does not include alloys or amalgams.

(10) Motor vehicle fuel.--The term “motor vehicle fuel” means a petroleum or petroleum-based substance that is motor gasoline, aviation gasoline, No. 1 or No. 2 diesel fuel, or any grade of gasohol and is typically used in the operation of a motor engine.

(11) Person.--The term “person” means any individual, trust, firm, joint stock company, corporation (including a government corporation), partnership, association, state, municipality, commission, political subdivision of a state or interstate body.

(12) Present in the same form and concentration as a product packaged for distribution and use by the general public.--This phrase means a substance packaged in a similar manner and present in the same concentration as the substance when packaged for use by the general public, whether or not it is intended for distribution to the general public or used for the same purpose as when it is packaged for use by the general public.

(13) Process.--The term “process” means the preparation of a toxic chemical, after its manufacture, for distribution in commerce:

a. In the same form or physical state as or in a different form or physical state from that in which it was received by the person so preparing such chemical; or

b. As part of an article containing the toxic chemical.

(14) Release.--The term “release” means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping or disposing into the environment (including the abandonment or discarding of barrels, containers and other closed receptacles) of any hazardous chemical, extremely hazardous substance or toxic chemical.

(15) Secretary.--The term “Secretary” means the Secretary of the Department of Natural Resources and Environmental Control.

(16) Source reduction.--The term “source reduction” means any practice which:

a. Reduces the amount of any hazardous substance, pollutant or contaminant entering any waste stream or otherwise released into the environment (including fugitive emissions) prior to recycling, energy recovery, treatment or disposal; and

b. Reduces the hazards to public health and the environment associated with the release of such substances, pollutants or contaminants.

(17) Toxic chemical.--The term “toxic chemical” means a substance included on the list established under § 6307 of this chapter.

The term includes equipment or technology modifications, process or procedure modifications, reformulation or redesign of products, substitution of raw materials, and improvements in housekeeping, maintenance, training or inventory control. The term does not include any practice which alters the physical, chemical or biological characteristics or the volume of a hazardous substance, pollutant or contaminant through a process or activity which itself is not integral to and necessary for the production of a product or the providing of a service.

Cite this article: - Delaware Code Title 16. Health and Safety § 6302. Definitions - last updated January 01, 2022 |

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