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§ 9118. Cease and desist orders.

§ 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 this section shall expire: (1) After 30 […]

§ 9119. Injunctions.

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

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 Inconsistent laws or ordinances superseded.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 Inconsistent laws or ordinances superseded. All laws or ordinances inconsistent with any provisions of this chapter are hereby superseded to the extent of the inconsistency. 67 Del.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

§ 9116. Confidentiality of proprietary information.

§ 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 certification where any person shows to the satisfaction of the Secretary that the […]

§ 9101. Short title.

§ 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; 

§ 9102. Declaration of purpose; applicability.

§ 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 have been stored or disposed of at facilities in the State in a manner insufficient to protect […]

§ 9103. Definitions.

§ 9103. Definitions. As used in this chapter: (1) “Act of God” means an unanticipated grave natural disaster or other natural phenomenon of an exceptional, inevitable, and irresistible character, the effects of which could not have been prevented or avoided by the exercise of due care or foresight. (2) “Allowable interest rate” means a rate […]

§ 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 […]