§ 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 […]
§ 9203. Authority of the Secretary; regulations; effective date [Effective upon promulgation of regulations by the Secretary pursuant to subsection (c) of this section].
§ 9203. Authority of the Secretary; regulations; effective date [Effective upon promulgation of regulations by the Secretary pursuant to subsection (c) of this section]. (a) The provisions of this chapter do not affect the authority of the Secretary under any other statute or regulation to issue any order to the transferor(s) or transferee(s) of an […]
§ 9204. Enforcement [Effective upon promulgation of regulations by the Secretary pursuant to § 9203(c) of this title].
§ 9204. Enforcement [Effective upon promulgation of regulations by the Secretary pursuant to § 9203(c) of this title]. The Secretary may issue an order or file a civil action in Superior Court pursuant to § 6005 of this title against any person who fails to comply with any provision of this chapter. The Secretary may […]
§ 9205. Termination of operations or filing for bankruptcy at a chemical or hazardous substance establishment; procedures [Effective upon promulgation of regulations by the Secretary pursuant to § 9203(c) of this title].
§ 9205. Termination of operations or filing for bankruptcy at a chemical or hazardous substance establishment; procedures [Effective upon promulgation of regulations by the Secretary pursuant to § 9203(c) of this title]. (a) Not later than the date of termination of all business or other activities at an establishment or the date of filing for […]
§ 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 […]