§ 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 […]