US Lawyer Database

§ 9120. Inconsistent laws or ordinances superseded.

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 Inconsistent laws or ordinances superseded. All laws or ordinances inconsistent with any provisions of this chapter are hereby superseded to the extent of the inconsistency. 67 Del.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

§ 9121. Short title.

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

§ 9122. Declaration of purposes.

§ 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. (b) The General Assembly recognizes that: (1) There are […]

§ 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 […]

§ 9111. Fraud.

§ 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 herein shall be void, and any injured person, including the Secretary, may recover […]

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

§ 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 decree and the proposed plan of remedial action in accordance with §§ […]

§ 8002. Governor’s representatives.

§ 8002. Governor’s representatives. (a) The Governor shall, in accordance with this Compact, appoint 2 Commissioners familiar with the problems inherent in the disposal of low-level radioactive waste to represent the State of Delaware on the Appalachian States Low-Level Radioactive Waste Commission. The Governor shall also appoint 2 alternate Commissioners to serve in the respective […]