§ 9104. Secretary’s powers and duties.
§ 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 emergency or interim regulations, when immediate promulgation of regulations […]
§ 9105. Standard of liability.
§ 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 time. (2) Any person who […]
§ 9106. Investigation and access.
§ 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 information pertinent to: a. The identification, nature […]
§ 9107. Remedies.
§ 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 that fact. The Secretary shall likewise provide […]
§ 9108. Certification of completion of remedy.
§ 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 of remedy from the Secretary pursuant to regulations promulgated […]
§ 9109. Enforcement.
§ 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 submitted a proposed settlement and the Secretary […]
§ 9110. Public hearings — Violations.
§ 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 served or by registered or certified mail not less than 20 […]
§ 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 §§ […]
§ 9113. Hazardous Substance Cleanup Fund.
§ 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) All the taxes assessed pursuant to § […]