§ 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 […]
§ 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 § […]
§ 9114. Tax assessment.
§ 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 §§ 2902 and 2905 of Title […]
§ 9115. Notice in property records.
§ 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 located, the owner of the […]
§ 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 […]
§ 9117. Environmental liens [For application of this section, see 79 Del. Laws, c. 69, § 5].
§ 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 promulgated pursuant thereto shall constitute a lien […]
§ 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;