§ 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 […]
§ 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 […]
§ 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 […]