Delaware Code Title 7 Sec. 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”).
Terms Used In Delaware Code Title 7 Sec. 9113
- Brownfield: means real property, the expansion, redevelopment, or reuse of which may be hindered by the reasonably held belief that the real property may be environmentally contaminated. See Delaware Code Title 7 Sec. 9103
- CERCLA: means the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U. See Delaware Code Title 7 Sec. 9103
- Department: means the Department of Natural Resources and Environmental Control. See Delaware Code Title 7 Sec. 9103
- Fund: means the Hazardous Substance Cleanup Fund created pursuant to § 9113 of this title. See Delaware Code Title 7 Sec. 9103
- Hazardous substance: means :
- Month: means a calendar month, unless otherwise expressed. See Delaware Code Title 1 Sec. 302
- Person: means an individual, firm, corporation, association, partnership, consortium, joint venture, commercial entity, state government agency, unit of local government, school district, conservation district, federal government agency, Indian tribe or interstate body. See Delaware Code Title 7 Sec. 9103
- President pro tempore: A constitutionally recognized officer of the Senate who presides over the chamber in the absence of the Vice President. The President Pro Tempore (or, "president for a time") is elected by the Senate and is, by custom, the Senator of the majority party with the longest record of continuous service.
- Release: means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping or disposing into the environment (including the abandonment or discarding of barrels, containers and other closed receptacles containing any hazardous substance or pollutant or contaminant), but excludes:
- Remedy: means any action, response or expenditure consistent with the purposes of this chapter to identify, minimize or eliminate any imminent threat posed by any hazardous substances to public health or welfare or the environment including preparation of any plans, conducting of any studies and any investigative, oversight of remedy or monitoring activities with respect to any release or imminent threat of release of a hazardous substance and any health assessments, risk assessments or health effect studies or natural resource damage assessments conducted in order to determine the risk or potential risk to public health or welfare or the environment. See Delaware Code Title 7 Sec. 9103
- Secretary: means Secretary of the Department or the Secretary's designee. See Delaware Code Title 7 Sec. 9103
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
- Year: means a calendar year, and is equivalent to the words "year of our Lord. See Delaware Code Title 1 Sec. 302
(b) The following moneys shall be deposited into the Fund:
(1) All the taxes assessed pursuant to § 9114 of this title;
(2) All remedial costs recovered pursuant to this chapter;
(3) Penalties collected or recovered pursuant to this chapter;
(4) Penalties collected or recovered pursuant to this chapter, not to include penalties assessed on any gross receipts tax surcharge provided by this chapter;
(5) The State Treasurer shall credit to the Hazardous Substance Cleanup Fund such amount of interest as determined by this paragraph upon such Fund. On or before the last day of each month, the State Treasurer shall credit the Fund with interest on the average balance in the Fund for the preceding month. The interest to be paid to the Fund shall be that proportionate share, during such preceding month, of interest to the State as the Fund’s and the State’s average balance is to the total State’s average balance. The Fund’s average balance shall be determined by averaging, in each instance, the balances at the beginning of each month and the balances at the end of that month; and
(6) Any other money appropriated or transferred to the account by the General Assembly.
(c) Money in the Fund may be used by the Secretary only to carry out the purposes of this chapter, including the following activities:
(1) Implementing the hazardous substance cleanup program required under this chapter.
(2) Providing a remedy with respect to releases or imminent threats of release of a hazardous substance at or from facilities.
(3) Providing for state matching funds required under the CERCLA, as well as future operations and maintenance costs for facilities at which a state match is required.
(4) Reimbursing, or directly paying, any person for reasonable remedial costs incurred with the prior authorization of the Secretary in responding to a hazardous substance remedy, including remedies of releases from underground storage tanks, pursuant to authorization of the Secretary. Direct payments may be made to the certified environmental consultant who performed the remedial work provided that the brownfield developer acknowledge and sign the remedial work invoice.
(5) Conducting emergency response actions pursuant to §§ 9106, 6308 and 7406 of this title.
(6) Providing low interest loans to parties with an executed settlement agreement with the Department.
(7) Payment to the Division of Revenue for the costs of administering § 9114 of this title.
(8) Provide for a remedy, or for reimbursement of allowable costs, for certified brownfields.
(9) Provide annually to the Brownfields Grant Program an amount equal to ? of the amount deposited in that year into the Hazardous Substance Cleanup Fund under this section.
(d) No greater than 15% of the average of moneys deposited into the Fund over the previous 10 fiscal years may be used for administering this chapter without approval of the Joint Finance Committee.
(e) Any expenditures of moneys from the Fund on sites not budgeted for under § 9104(c)(2) of this title must be approved by the Speaker of the House and the President Pro Tempore of the Senate.
67 Del. Laws, c. 326, § ?1; 69 Del. Laws, c. 458, § ?1; 70 Del. Laws, c. 218, § ?30; 74 Del. Laws, c. 409, § ?8; 77 Del. Laws, c. 81, § ?3; 77 Del. Laws, c. 83, §§ ?21, 25; 78 Del. Laws, c. 73, § ?2; 78 Del. Laws, c. 218, § ?3; 79 Del. Laws, c. 441, § ?1; 80 Del. Laws, c. 359, § 3; 81 Del. Laws, c. 435, § 1; 82 Del. Laws, c. 195, § 1;