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Delaware Statutes, Title 7

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Delaware/Statutes

← All Delaware coverage

Title 7, Conservation

70 chapters · 1,110 sections in this title.

All chapters in Title 71,110 Ch 41, DRAINAGE OF LANDS AND MANAGEMENT OF …80 Ch 60, ENVIRONMENTAL CONTROL80 Ch 43, DREDGING AND MANAGEMENT OF LAGOONS71 Ch 7, REGULATIONS AND PROHIBITIONS CONCERN…67 Ch 9, Finfishing in Tidal Waters46 Ch 61, Minerals in Submerged Lands43 Ch 64, DELAWARE SOLID WASTE AUTHORITY43 Ch 5, LICENSES39 Ch 91, DELAWARE HAZARDOUS SUBSTANCE CLEANUP ACT26 Ch 74, DELAWARE UNDERGROUND STORAGE TANK ACT25 Ch 45, Public Lands23 Ch 66, Wetlands Stewardship [For applicatio…21 Ch 19, General Provisions20 Ch 79, ENVIRONMENTAL PERMIT APPLICATION BAC…20

26 sections·Filtered byTitle 7✕Ch 91✕

7 Del. C. § 9101. Short title.
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§ 9101. Short title. This chapter shall be known and may be cited as the “Delaware Hazardous Substance Cleanup Act.”67 Del. Laws, c. 326, § 1;
7 Del. C. § 9102. Declaration of purpose; applicability.
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§ 9102. Declaration of purpose; applicability. (a) The General Assembly recognizes that large quantities of hazardous substances are and have been generated, transported, treated, and stored within the State. The General Assembly also recognizes that some hazardous substances hav…
7 Del. C. § 9103. Definitions.
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§ 9103. Definitions. As used in this chapter: (1) “Abate” means to perform a remedial action intended to prevent or mitigate harm or the potential for harm to public health or welfare the environment caused by an emergency. (2) “Act of God” means an unanticipated grave natural di…
7 Del. C. § 9104. Secretary’s powers and duties.
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§ 9104. Secretary’s powers and duties. (a) The Secretary may exercise the following powers in addition to any other powers granted by law: (1) The Secretary shall take any actions necessary to carry out the provisions of this chapter, including but not limited to adoption of emer…

7 Del. C. § 9105. Standard of liability.

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§ 9105. Standard of liability. (a) The following persons are liable with respect to a facility from which there is or has been a release or imminent threat of release, except as provided in subsection (c) of this section: (1) Any person who owned or operated the facility at any t…

7 Del. C. § 9106. Investigation and access.

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§ 9106. Investigation and access. (a) (1) If there is a reasonable basis to believe there was a release or is an imminent threat of release, the Secretary may require information or documents relevant to the release or imminent threat of release from any person who may have infor…

7 Del. C. § 9107. Remedies.

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§ 9107. Remedies. (a) (1) When the Secretary or his or her designee has determined that a release or imminent threat of a release of a hazardous substance as defined herein will require a remedy, the Secretary shall, within 20 days of such determination, provide public notice of …

7 Del. C. § 9108. Certification of completion of remedy.

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§ 9108. Certification of completion of remedy. (a) Upon completion of a remedy at a facility, or an operable unit thereof, the Department may issue, or the owners, parties to the settlement agreement or parties responding to an order, may apply for a certification of completion o…

7 Del. C. § 9109. Enforcement.

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§ 9109. Enforcement. (a) Whenever, in the opinion of the Secretary, a person: (1) Is a potentially responsible party; and (2) Has been notified of such person’s potential liability pursuant to §§ 9104 and 9105 of this title; and (3) Has not submitted a proposed settlement or has …

7 Del. C. § 9110. Public hearings — Violations.

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§ 9110. Public hearings — Violations. (a) Any hearing involving allegations of violations of this chapter held by the Secretary shall be conducted as follows: (1) For any hearing on an alleged violation, notification shall be served upon the alleged violator as summonses are serv…

7 Del. C. § 9111. Fraud.

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§ 9111. Fraud. (a) If a potentially responsible party commits fraud on the Secretary or another potentially responsible party in a proposed settlement agreement or in an application for a certification of completion of remedy, then any limitation on liability otherwise provided h…

7 Del. C. § 9112. Public hearings — Rule making, settlement agreements and remedial actions.

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§ 9112. Public hearings — Rule making, settlement agreements and remedial actions. Public hearings shall be held on regulations developed pursuant to this chapter, and, if the Secretary receives a meritorious request for a public hearing from any person on the proposed consent de…

7 Del. C. § 9113. Hazardous Substance Cleanup Fund.

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§ 9113. Hazardous Substance Cleanup Fund. (a) There shall be established in the State Treasury and in the accounting system of the State a special fund to be known as the Hazardous Substance Cleanup Fund (“The Fund”). (b) The following moneys shall be deposited into the Fund: (1)…

7 Del. C. § 9114. Tax assessment.

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§ 9114. Tax assessment. (a) (1) With regard to gross receipts received after December 31, 1990, and before July 1, 1993, there shall be added to the tax provided in §§ 2902(c)(3) and 2905(b)(1) of Title 30 an additional tax of .6% on all taxable gross receipts determined under §§…

7 Del. C. § 9115. Notice in property records.

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§ 9115. Notice in property records. (a) Pursuant to § 9104(b)(2) of this title, when a release of a hazardous substance that has been determined by the Secretary to be a threat to public health or the environment has occurred at a facility or property on which the facility is loc…

7 Del. C. § 9116. Confidentiality of proprietary information.

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§ 9116. Confidentiality of proprietary information. Information obtained by the Secretary under this chapter shall be available to the public as provided in Chapter 100 of Title 29, unless the Secretary certifies such information to be proprietary. The Secretary may make such cer…

7 Del. C. § 9117. Environmental liens [For application of this section, see 79 Del. Laws, c. 69, § 5].

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§ 9117. Environmental liens [For application of this section, see 79 Del. Laws, c. 69, § 5]. (a) Pursuant to the provisions of this section, all reasonable costs related to any remedy undertaken by the State for which a person is liable under this chapter or the regulations promu…

7 Del. C. § 9118. Cease and desist orders.

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§ 9118. Cease and desist orders. The Secretary shall have the power to issue a cease and desist order to any person violating any provision of this chapter ordering such person to cease and desist from such violation, provided that any cease and desist order issued pursuant to th…

7 Del. C. § 9119. Injunctions.

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§ 9119. Injunctions. The Court of Chancery shall have jurisdiction to enjoin violations of this chapter.67 Del. Laws, c. 326, § 1;

7 Del. C. § 9120. Inconsistent laws or ordinances superseded.

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§ 9120. Inconsistent laws or ordinances superseded. All laws or ordinances inconsistent with any provisions of this chapter are hereby superseded to the extent of the inconsistency.67 Del. Laws, c. 326, § 1;

7 Del. C. § 9121. Short title.

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§ 9121. Short title. This subchapter shall be known, and may be cited, as the “Brownfields Development Program.”74 Del. Laws, c. 409, § 4;

7 Del. C. § 9122. Declaration of purposes.

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§ 9122. Declaration of purposes. (a) In addition to the provisions of the foregoing subchapter I of this chapter, this subchapter is intended to implement a Brownfields Development Program, supplementing the powers and duties of the Secretary as set forth in § 9104 of this title.…

7 Del. C. § 9123. Definitions.

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§ 9123. Definitions. As used in this subchapter: (1) “Brownfields developer” shall mean a person who, with respect to a facility: a. Proposes to conduct investigations and/or development activity at a facility that is a certified brownfield, and seeks to enter into a Brownfields …

7 Del. C. § 9124. Secretary’s powers and duties.

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§ 9124. Secretary’s powers and duties. The Secretary may exercise the following powers in addition to any other powers granted by law: (1) The Secretary may plan, study or conduct, or permit a brownfields developer or other persons to plan, study or conduct, appropriate actions a…

7 Del. C. § 9125. Standard of liability.

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§ 9125. Standard of liability. (a) Notwithstanding § 9105 of this title, a brownfields developer who enters into a Brownfields Development Agreement with the Secretary is not liable with respect to the facility that is the subject of the Brownfields Development Agreement for any …

7 Del. C. § 9126. Public notice; public comment.

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§ 9126. Public notice; public comment. (a) The Secretary shall provide public notice within 20 days after entering into negotiations for a Brownfields Development Agreement. Such public notice shall be published in a newspaper of general circulation in the county in which the fac…