Delaware Code Title 7 Sec. 7419A – Applicability of Brownfields Development Program
A person approved as a brownfields developer who enters into a Brownfields Development Agreement with the Secretary pursuant to the provisions of Chapter 91 of this title, is not liable for any release or imminent threat of release of regulated substances existing at the facility when the Brownfields Development Agreement is entered into. The person is also not liable for any corrective actions or for the costs of any corrective actions incurred by the State or any other person upon the signing of the Brownfields Development Agreement provided that all of the following conditions are met:
(1) The person did not cause or contribute to the release from an aboveground storage tank, and is not liable or required to take measures for the prompt control, containment, and removal of a released regulated substance from an aboveground storage tank regulated under this chapter.
(2) The person proposes to conduct investigations at the facility where the release occurred.
(3) The person agrees to comply with the provisions of the Brownfields Development Program as well as all other applicable laws, regulations, guidance, and directives of the Department related thereto.
Terms Used In Delaware Code Title 7 Sec. 7419A
- Aboveground storage tank: means a single aboveground containment vessel having a capacity of greater than 250 gallons and currently or previously having contained regulated substances on or after January 1, 1992. See Delaware Code Title 7 Sec. 7402A
- Department: means the Department of Natural Resources and Environmental Control. See Delaware Code Title 7 Sec. 7402A
- Facility: means a location or part thereof containing or having contained 1 or more aboveground storage tanks. See Delaware Code Title 7 Sec. 7402A
- Person: means an entity, individual, trust, firm, joint stock company, federal agency, corporation (including a government corporation), partnership, company, association, state, municipality, commission, political subdivision of a state, or any interstate body. See Delaware Code Title 7 Sec. 7402A
- Regulated substance: means a liquid or gas that:
- Release: means the spilling, leaking, discharging, leaching or disposing of a regulated substance into groundwater, surface water, soil or air that is not permitted by law, regulation or permit. See Delaware Code Title 7 Sec. 7402A
- State: means the State of Delaware. See Delaware Code Title 7 Sec. 7402A