§ 7913. Recording.
§ 7913. Recording. (a) An environmental covenant and any amendment or termination of the covenant must be recorded in every county in which any portion of the real property subject to the covenant is located. A recorded environmental covenant or a notice recorded pursuant to § 7914 of this title must be indexed in the […]
§ 7914. Duration.
§ 7914. Duration. (a) An environmental covenant is perpetual unless: (1) Limited by its terms to a specific duration or the occurrence of a specific event; (2) Terminated by consent pursuant to § 7915 of this title; [or] (3) Terminated pursuant to subsection (b) of this section or (4) Terminated or modified by judicial decree […]
§ 7915. Amendment or termination by consent.
§ 7915. Amendment or termination by consent. (a) An environmental covenant may be amended or terminated by consent only if the amendment or termination is signed by: (1) The Department Secretary; (2) The current owner; (3) Each person that originally signed the covenant unless: a. The person waived the right to consent in a signed […]
§ 7916. Enforcement of environmental covenant.
§ 7916. Enforcement of environmental covenant. (a) A civil action for injunctive or other equitable relief for violation of an environmental covenant may be maintained by: (1) A party to the covenant; (2) The Department or, (3) Any other person to whom the covenant expressly grants power to enforce; (4) A person whose interest in […]
§ 7917. Registry; substitute notice.
§ 7917. Registry; substitute notice. (a) The Department shall establish and maintain a registry that contains all environmental covenants and any amendment or termination of those covenants. The registry may also contain any other information concerning environmental covenants and the real property subject to them which the Department considers appropriate. The registry is a public […]
§ 7902. Statement required.
§ 7902. Statement required. (a) Applicants for, and holders of, permits to conduct stormwater management, NPDES, oil pollution liability, air, hazardous waste, solid waste, commercial subaqueous, wetlands, coastal zone, storage tank, extremely hazardous substances, hazardous substances cleanup and emergency planning and community right-to-know activities under the authority of Chapter 40, 60, 62, 63, 66, 70, […]
§ 7918. Uniformity of application and construction.
§ 7918. Uniformity of application and construction. In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. 75 Del. Laws, c. 206, § 1;
§ 7903. Confidential information.
§ 7903. Confidential information. (a) All information provided pursuant to § 7902 of this title shall be considered public information and shall be considered part of the public record pertaining to the permit application. (b) Notwithstanding subsection (a) of this section, information provided in response to a request from the Department for information to enable […]
§ 7919. Relation to Electronic Signatures in Global and National Commerce Act.
§ 7919. Relation to Electronic Signatures in Global and National Commerce Act. This act modifies, limits, or supersedes the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. § 7001 et seq.) but does not modify, limit, or supersede § 101 of that Act (15 U.S.C. § 7001(a)) or authorize electronic delivery of […]
§ 7904. Permit modification, suspension, denial, revocation and chronic violator status.
§ 7904. Permit modification, suspension, denial, revocation and chronic violator status. (a) A “chronic violator” is a regulated party that has demonstrated an inability or unwillingness to comply with 1 or more of the Department’s regulatory programs. (1) The criteria for determining whether a regulated party has demonstrated such inability or unwillingness shall include whether […]