Title 7, Conservation

§ 7405. Registration by owner. (a) Underground storage tank owners shall register the following on forms provided by the Department: (1) Within 60 days after July 12, 1985, all new underground storage facilities used for storing regulated substances, at least 10 days prior to ins…

§ 7406. Release of substances prohibited; correction of substance release; Department intervention. (a) No person shall knowingly allow a release from an underground storage tank to continue without taking immediate steps to report the release to the Department. (b) Responsible p…

§ 7407. Release detection, prevention and correction regulations. (a) The Department, after notice and opportunity for public comment, and within 12 months after July 12, 1985, shall promulgate release detection, prevention and correction regulations applicable to underground sto…

§ 7408. Inspection and monitoring. (a) For the purposes of developing or assisting in the development of any regulation or enforcing this chapter, any owner or operator of any underground storage tank, and any owner of a facility, shall, upon the request of any duly designated of…

§ 7409. Delaware Underground Petroleum Storage Tank Response Fund. (a) The Delaware Underground Petroleum Storage Tank Response Fund is hereby established as a nonlapsing revolving fund to be used by the Department for the investigation and remediation of petroleum underground st…

§ 7410. Financial responsibility. (a) The Department shall adopt regulations for maintaining evidence of financial responsibility by all owners and operators for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental…

§ 7411. Enforcement. (a) Whenever, on the basis of any information, the Secretary determines that any person is in violation of any requirement of this chapter, or any rule or regulation promulgated hereunder, the Secretary shall give notice to the violator of said violator’s fai…

§ 7412. Appeals. (a) Any person whose interest is substantially affected by any action of the Secretary may appeal to the Environmental Appeals Board in accordance with § 6008 of this title. (b) Any person or party to an appeal before the Board who is substantially affected by a …

§ 7413. Variances. Variances and temporary emergency variances may be granted by the Secretary from any regulation adopted pursuant to this chapter in accordance with §§ 6011 and 6012 of this title except that no variance or temporary emergency variance shall be granted which wou…

§ 7414. Leaking Underground Storage Tank Committee. There is hereby established a Leaking Underground Storage Tank Committee which shall be composed of, but not limited to, the Secretary of the Department of Natural Resources and Environmental Control, the Director of the Office …

§ 7415. Implementation and reporting requirements. The Department, in conjunction with the Delaware Geological Survey, shall conduct a study to demonstrate the feasibility of a comprehensive inventory of underground storage tanks to include new, existing and abandoned tanks. It s…

§ 7416. Groundwater risk assessment. (a) Because groundwater protection and management is an underlying issue related to leaking underground storage tanks, information on the risks to groundwater resources will be needed to facilitate implementation of the regulations. (b) The De…

§ 7417. Use of Hazardous Substance Cleanup Act funding. The Department may use funding from the Hazardous Substance Cleanup Fund (§ 9113 of this title) to support the implementation of this chapter, including but not limited to preventing releases from underground storage tanks, …

§ 7418. Tank registration fee [For application of this section, see 85 Del. Laws, c. 42, § 10]. (a) All owners/operators of underground storage tanks shall pay to the Department an annual per tank registration fee of $150 on or before February 1 of each calendar year. Registratio…

§ 7419. Environmental liens; recovery of expenditures [For application of this section, see 79 Del. Laws, c. 69, § 5]. (a) Pursuant to the provisions of this section, all reasonable costs expended by the State related to investigating a release or suspected release of a regulated…

§ 7420. Notification requirement for Stage 1 vapor recovery activities. The vapor recovery permit requirements for Stage 1 vapor recovery equipment, as identified by the Department, and operation thereof required under § 6003 of this title may be suspended by the Secretary and re…

§ 7421. Legislative findings and intent. The General Assembly finds and declares that it is in the best interests of the people of Delaware that small retail gasoline station owners and operators continue to maintain their economic viability, while taking the remedial and prevent…

§ 7422. Small Retail Gasoline Station Assistance Loan Fund; source of funds, interest rate, and capitalization. (a) Loan proceeds and the State’s expenses in administering this program shall be drawn from a special account of the Transportation Trust Fund known as the “Small Reta…

§ 7423. Small Station Fund eligibility. (a) Any applicant for a Small Station Fund loan must demonstrate that the applicant meets the following criteria: (1) The loan shall be made only to small station owner/operators as defined in eligibility rules established under this sectio…

§ 7424. Loan payment mechanism; prepayment and security options. (a) Except as provided in subsection (b) of this section, small stations shall make their loan payments under this program through a surcharge of not less than $0.01 per gallon for each gallon for which fuel taxes a…

§ 7425. Certification of underground storage tank contractors [For application of this section, see 85 Del. Laws, c. 42, § 10]. (a) The Department shall adopt regulations for certification of businesses and individuals to install, retrofit, remove, abandon or reline underground s…