Delaware Code Title 7. Conservation § 7706. Regulations

(a) The Secretary may adopt, amend, modify or repeal regulations, after public hearing, to effectuate the policy and purpose of this chapter.  Cost effectiveness, technical feasibility, risk to public health and risk reduction effectiveness are factors that must be considered by the Department in making its findings and developing regulations.  In no case shall the costs of risk management program provisions be the deciding factor if the result would jeopardize the purpose of this chapter.

(b) When developing regulations, the Department shall establish an ad hoc committee of interested persons.  When establishing this committee, the Department shall solicit the involvement of interested persons such as, but not limited to, the following:  Secretaries or their designees of the Department of Natural Resources and Environmental Control, the Department of Agriculture, the Department of Safety and Homeland Security and the Department of Health and Social Services;  the State Fire Marshal or a designee;  a member of the Delaware Chemical Industry Council;  a member of the Delaware State Chamber of Commerce;  a member of the Delaware City Community Awareness Emergency Response Committee;  a member of the Citizens Advisory Committee to the Department of Natural Resources and Environmental Control;  a member of the Delaware Petroleum Council;  and citizens of the State representing public organizations with a concern for the environment.  The Department Secretary (or a designated person) shall chair the committee.

(c) The regulations developed for this chapter by the Department shall be periodically reviewed.

(d) In addition, the Department shall develop cooperative agreements as needed with the Division of Public Health, the Department of Safety and Homeland Security, Office of the State Fire Marshal and any other private, public or federal agency.