2012 Delaware Code
Title 29 - State Government
CHAPTER 82. DEPARTMENT OF SAFETY AND HOMELAND SECURITY
§ 8224. Definitions.

(a) The following words and phrases shall have the following meaning ascribed to them, unless their context implies otherwise:

(1) "Act" means the Hazardous Materials Transportation Act of 1979.

(2) "Commission" means the State Emergency Response Commission as established by § 8226 of this title.

(3) "Hazardous material" means any substance or material designated a hazardous material pursuant to the federal "Hazardous Materials Transportation Act" (P.L. 93-633; 49 U.S.C. § 1801 et seq. [repealed]).

(4) "Operator of vehicle" means any person having control of any means of transportation herein regulated.

(5) "Person" means any natural person or individual, firm, association, partnership, copartnership, joint venture, company, corporation, joint stock company, estate or any other legal entity, or their legal representative, agent or assigns.

(6) "Transportation" means any movement of property by any mode, and any loading, unloading or storage incidental thereto.

(b) This act shall not apply to the transportation of those hazardous materials cited below from retailer to final end user, or between final end users from farm to farm in approved containers and in the amounts and manner specified.

(1) Agricultural pesticides classifed as Class B Poison or Flammable by these regulations, when moved in quantities of 5,000 pounds or less (aggregate gross weight) or 500 gallons or less volume in solution;

(2) Gasoline, diesel fuels, oils, lubricants and liquefied petroleum gas, when moved in quantities of 1,100 gallons or less;

(3) Ammonium nitrate fertilizer, when moved in quantities of 16,000 pounds (aggregate gross weight) or less;

(4) Anhydrous ammonia when transported in a cargo tank (commonly known as a nurse tank and considered an implement of husbandry) operated by private carriers exclusively for agricultural purposes, provided the cargo tank:

a. Has a minimum design pressure of 250 pounds per square inch (p.s.i.) and meets the requirements of the ASME code in effect at the time of manufacture and is marked accordingly;

b. Is equipped with safety relief valves meeting the requirements of CGA Pamphlet S12;

c. Is painted white or aluminum;

d. Has a capacity of 2,000 gallons or less;

e. Is loaded to a filing density of 56 percent of water density (85 percent of volume capacity);

f. Is securely mounted on a farm wagon.

(5) Formulated agricultural chemicals not listed in subsection a or subsection c of this section which are offered for transportation in less-than-case-lot quantities, or when repackaged, if all of the following conditions are met:

a. Inside packagings are enclosed in strong outside packagings. Inside liquid packagings are cushioned, if necessary, to prevent breakage and leakage.

b. Each inside packaging does not exceed 21/2 gallons capacity for liquids or 25 pounds for dry materials.

c. Gross weight of less-than-case or repackaged lots is not over 100 pounds in each vehicle.

d. Transportation is authorized only by private motor vehicle between a final distribution point and the ultimate point of application, if that distance does not exceed 100 miles.

(6) Formulated liquid agricultural chemicals in specification packagings of 55 gallons capacity, or less, with closures manifolded to a closed mixing system and equipped with positive dry disconnect devices may be transported by a private motor carrier between a final distribution point and an ultimate point of application or loading aboard an aircraft for aerial application.

62 Del. Laws, c. 123, § 1; 64 Del. Laws, c. 28, § 2; 68 Del. Laws, c. 290, § 188; 71 Del. Laws, c. 208, § 2; 71 Del. Laws, c. 461, § 1.;