§ 9123. Definitions.
§ 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 Development Agreement with the Secretary; b. At the time of application […]
§ 9124. Secretary’s powers and duties.
§ 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 at a certified brownfield to perform a remedy of a […]
§ 9125. Standard of liability.
§ 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 release or imminent threat of release of hazardous substances existing at […]
§ 9126. Public notice; public comment.
§ 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 facility is located. Such notice shall also be provided to: (1) All […]
§ 9201. Definitions [Effective upon promulgation of regulations by the Secretary pursuant to § 9203(c) of this title].
§ 9201. Definitions [Effective upon promulgation of regulations by the Secretary pursuant to § 9203(c) of this title]. The following definitions apply to this chapter. (1) “Affiliate” means an entity as defined in the regulations of the Security and Exchange Commission under the Securities and Exchange Act of 1934 [15 U.S.C. § 78a et seq.] […]
§ 9202. Transfer of an establishment; filing procedures [Effective upon promulgation of regulations by the Secretary pursuant to § 9203(c) of this title].
§ 9202. Transfer of an establishment; filing procedures [Effective upon promulgation of regulations by the Secretary pursuant to § 9203(c) of this title]. (a) A person may not transfer an establishment except in accordance with the provisions of this chapter. (b) Prior to the transfer of an establishment, the transferor(s) or the transferee(s) shall conduct […]
§ 9203. Authority of the Secretary; regulations; effective date [Effective upon promulgation of regulations by the Secretary pursuant to subsection (c) of this section].
§ 9203. Authority of the Secretary; regulations; effective date [Effective upon promulgation of regulations by the Secretary pursuant to subsection (c) of this section]. (a) The provisions of this chapter do not affect the authority of the Secretary under any other statute or regulation to issue any order to the transferor(s) or transferee(s) of an […]
§ 9204. Enforcement [Effective upon promulgation of regulations by the Secretary pursuant to § 9203(c) of this title].
§ 9204. Enforcement [Effective upon promulgation of regulations by the Secretary pursuant to § 9203(c) of this title]. The Secretary may issue an order or file a civil action in Superior Court pursuant to § 6005 of this title against any person who fails to comply with any provision of this chapter. The Secretary may […]
§ 9205. Termination of operations or filing for bankruptcy at a chemical or hazardous substance establishment; procedures [Effective upon promulgation of regulations by the Secretary pursuant to § 9203(c) of this title].
§ 9205. Termination of operations or filing for bankruptcy at a chemical or hazardous substance establishment; procedures [Effective upon promulgation of regulations by the Secretary pursuant to § 9203(c) of this title]. (a) Not later than the date of termination of all business or other activities at an establishment or the date of filing for […]
§ 9206. Financial assurance [Effective upon promulgation of regulations by the Secretary pursuant to § 9203(c) of this title].
§ 9206. Financial assurance [Effective upon promulgation of regulations by the Secretary pursuant to § 9203(c) of this title]. (a) Within 60 days from the transfer of an establishment or the start up of a new establishment, the owner or operator shall provide to the Department evidence of financial assurance in accordance with the regulations […]