reglab/housing_qa huggingface dataset:
7 DE Code § 7914. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 79. Environmental Permit Application Background Statement|Subchapter II. Uniform Environmental Covenants Act|§ 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 in an eminent domain proceeding, if:  a. The Department consents to the judicial action; and b. All persons identified in § 7915(a) and (b) of this title are given notice of the pendency of the eminent domain proceeding. (b) A judicial decree terminating an environmental covenant or reducing its burden on the real property subject to the covenant under the doctrine of changed circumstances may be rendered only after:  (1) All persons identified in § 7915(a) and (b) of this title are given notice of the pendency of the judicial proceeding in which the determination is sought; and (2) The Department has filed a determination with the court that the intended benefits of the original covenant can no longer be realized. (c) Notwithstanding anything to the contrary contained in this subchapter, an environmental covenant may be amended or terminated if the environmental covenant:  (1) No longer serves its intended purpose; (2) No longer provides the intended benefits; (3) No longer or does not provide for protection of human health or the environment; or (4) Becomes unnecessary because of changed circumstances, including changes in law, regulation or ordinances. Any person having an interest in real property subjected to an environmental covenant shall be entitled to apply to the Department for amendment or termination of the environmental covenant in accordance with the procedures set forth in § 6004 of this title. Any decision of the Secretary regarding an amendment or termination of an environmental covenant shall be subject to appeal in accordance with the procedures provided for appeals under subchapter II of Chapter 60 of this title. If an environmental covenant is amended or terminated the amended environmental covenant or notice of termination shall be recorded in accordance with requirements set forth in § 7913 of this title. (d) Except as otherwise provided in subsections (a) and (b) of this section, an environmental covenant may not be extinguished, limited, or impaired through issuance of a tax deed, foreclosure of a tax lien, or application of the doctrine of adverse possession, prescription, abandonment, waiver, or lack of enforcement, or any similar doctrine. 75 Del. Laws, c. 206, §  1;
7 DE Code § 7915. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 79. Environmental Permit Application Background Statement|Subchapter II. Uniform Environmental Covenants Act|§ 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 record; b. The person fails to respond to a notice, requesting their consent to amendment or termination, delivered by certified mail to their last known address, as obtained from the U.S. Postal Service, within 45 days after delivery of such notice; or c. Unless a court finds that the person no longer exists or cannot be located or identified with the exercise of reasonable diligence; and (4) Except as otherwise provided in subsection (d) of this section, the holder. (b) A person that subordinates its interest to an environmental covenant is not affected by an amendment of the covenant unless the person consents to the amendment or waives the right to consent to future amendments in a signed record. (c) Except for an assignment undertaken pursuant to a governmental reorganization, assignment of an environmental covenant to a new holder is an amendment. (d) Except as otherwise provided in the covenant:  (1) A holder may not assign its interest without consent of the other parties; (2) A holder may be removed and replaced by agreement of the other parties specified in subsection (a) of this section; and (3) A court of competent jurisdiction may fill a vacancy in the position of holder.75 Del. Laws, c. 206, §  1;
7 DE Code § 7916. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 79. Environmental Permit Application Background Statement|Subchapter II. Uniform Environmental Covenants Act|§ 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 the real property or whose collateral or liability may be affected by the alleged violation of the covenant; and (5) A municipality or other unit of local government in which the real property subject to the covenant is located. (b) This act does not limit the regulatory authority of the Department under law other than respect to an environmental response project. (c) A person is not subject to liability for environmental remediation solely because it has the right to enforce an environmental covenant. 75 Del. Laws, c. 206, §  1;
7 DE Code § 7917. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 79. Environmental Permit Application Background Statement|Subchapter II. Uniform Environmental Covenants Act|§ 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 record for purposes of Freedom of Information Act [Chapter 100 of Title 29]. (b) After an environmental covenant or an amendment or termination of a covenant is filed in the registry pursuant to subsection (a) of this section, a notice of the covenant, amendment, or termination that complies with this section may be recorded in the land records in lieu of recording the entire covenant. Any such notice must contain:  (1) A legally sufficient description and any available street address of the real property; (2) The name and address of the owner of the real property, the Department, and the holder if other than the Department; (3) A statement that the covenant, amendment, or termination is available in a registry at the Department, and disclosing the method of any electronic access; and (4) A statement that the notice is notification of an environmental covenant executed pursuant to this subchapter. (c) A statement in executed with the same formalities as a deed in this state satisfies the requirements of subsection (b) of this section:  (1) This notice is filed in the land records of the deeds of county of jurisdiction in which the real property is located pursuant to § 7913 of this title. (2) This notice and the covenant, amendment or termination to which it refers may impose significant obligations with respect to the property described below. (3) A legal description of the property is attached as Exhibit A to this notice. The address of the property that is subject to the environmental covenant is [insert address of property]. (4) The name and address of the owner of the real property on the date of this notice is [insert name of current legal owner of the property and the owner's current address as shown on the tax records of the jurisdiction in which the property is located]. (5) The environmental covenant, amendment or termination was signed by [insert name and address of the Department]. (6) The environmental covenant, amendment, or termination was filed in the registry on [insert date]. (7) The full text of the covenant, amendment, or termination and any other information required by the Department is on file and available for inspection and copying in the site files by the Department of Natural Resources and Environmental Control (DNREC) at a building in which the files are maintained.75 Del. Laws, c. 206, §  1;
7 DE Code § 7918. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 79. Environmental Permit Application Background Statement|Subchapter II. Uniform Environmental Covenants Act|§ 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;
7 DE Code § 7919. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 79. Environmental Permit Application Background Statement|Subchapter II. Uniform Environmental Covenants Act|§ 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 any of the notices described in § 103 of that Act (15 U.S.C. § 7003(b)). 75 Del. Laws, c. 206, §  1;
7 DE Code § 7920. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 79. Environmental Permit Application Background Statement|Subchapter II. Uniform Environmental Covenants Act|§ 7920. Severability.

§ 7920. Severability. If any provision of this subchapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this subchapter which can be given effect without the invalid provision or application, and to this end the provisions of this subchapter are severable. 75 Del. Laws, c. 206, §  1;
7 DE Code § 9101. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 91. Delaware Hazardous Substance Cleanup Act|Subchapter I. General Provisions and Enforcement|§ 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;
7 DE Code § 9102. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 91. Delaware Hazardous Substance Cleanup Act|Subchapter I. General Provisions and Enforcement|§ 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 public health or welfare or the environment. The General Assembly finds that the release of a hazardous substance constitutes an imminent threat to public health or welfare or the environment of the State. The General Assembly intends by the passage of this chapter to exercise the powers of the State to require prompt containment and removal of such hazardous substances, to eliminate or minimize the risk to public health or welfare or the environment, and to provide a fund for the cleanup of the facilities affected by the release of hazardous substances. (b) The General Assembly finds that private parties should be provided with encouragement to exercise their responsibility to clean up the facilities for which they are responsible, but that if they refuse to do so, then the State should conduct the cleanup and recover the costs thereof from the private parties. (c) The General Assembly recognizes the need to remedy contaminated facilities and to promote opportunities and provide incentives to encourage the remedy of such facilities to yield economic revitalization and redevelopment within the State. (d) The General Assembly finds that in order to effectuate the purposes of this chapter to remedy contamination resulting from past acts and to address more equitably the issue of who should bear the costs of remediation, § 9105 of this title shall apply to all responsible parties without regard to the date of enactment of this chapter or any amendments thereto. 67 Del. Laws, c. 326, §  1;  70 Del. Laws, c. 218, §  1;
7 DE Code § 9106. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 91. Delaware Hazardous Substance Cleanup Act|Subchapter I. General Provisions and Enforcement|§ 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 and volume of materials generated, treated, stored, transported to or disposed of at a facility, and the dates thereof; b. The extent of a release or imminent threat of release from a facility; c. The identity of potentially responsible parties; d. The financial ability of a potentially responsible party to perform a remedy. (2) The Secretary or his or her authorized employees or agents may enter, at reasonable times, upon any real property, public or private, to conduct sampling, inspection, examination, and investigation evaluating the release or imminent threat of release to determine the need for a remedy or to execute the remedy upon given verbal notice, and after presenting official identification to the owner or operator. The Secretary or other authorized person gaining access under this section, if requested in advance, shall split a sample with the operator, or person in charge of the facility. If any analysis is made of the samples, a copy of the results of the analysis may be furnished to the owner, operator, or person in charge. (b) If the Secretary determines that:  (1) An emergency exists that requires immediate action to protect public health or welfare or the environment; and (2) The operator is unwilling or unable to take such immediate action, the Secretary, or his or her authorized employees or agents, without court order, may enter upon a facility and take any immediate action necessary to abate the emergency notwithstanding the provisions of § 9107(e) of this title.67 Del. Laws, c. 326, §  1;  70 Del. Laws, c. 218, §  16;
7 DE Code § 9108. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 91. Delaware Hazardous Substance Cleanup Act|Subchapter I. General Provisions and Enforcement|§ 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 under § 9104 of this title. For the purposes of this section, the Secretary may consider a remedy complete when the remedial action is operational and functional; provided, however, that the Secretary may place conditions or limitations in the certification of completion of remedy which identify those portions of the final plan of remedial action, including but not limited to operation and maintenance, and compliance monitoring, which must continue to be performed, and which provide for the performance of additional remedies in the event that the remedial goals contained in the final plan of remedial action are not achieved as required by the plan and the regulations promulgated under § 9104 of this title. (b) The Secretary shall grant or deny an application for a certification of completion of remedy within 180 days of the application with stated reasons. 67 Del. Laws, c. 326, §  1;  70 Del. Laws, c. 218, §  24;  74 Del. Laws, c. 409, §  5;  80 Del. Laws, c. 359, § 2;
7 DE Code § 9111. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 91. Delaware Hazardous Substance Cleanup Act|Subchapter I. General Provisions and Enforcement|§ 9111. Fraud.

§ 9111. Fraud. (a) If a potentially responsible party commits fraud on the Secretary or another potentially responsible party in a proposed settlement agreement or in an application for a certification of completion of remedy, then any limitation on liability otherwise provided herein shall be void, and any injured person, including the Secretary, may recover actual damages sustained as well as a civil penalty of up to $10,000 for each fraudulent act. (b) The Secretary may bring an action in the Superior Court to establish and collect a civil penalty for which a person is liable for fraud under this chapter. 67 Del. Laws, c. 326, §  1;  70 Del. Laws, c. 218, §  28;
7 DE Code § 9112. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 91. Delaware Hazardous Substance Cleanup Act|Subchapter I. General Provisions and Enforcement|§ 9112. Public hearings — Rule making, settlement agreements and remedial actions.

§ 9112. Public hearings — Rule making, settlement agreements and remedial actions. Public hearings shall be held on regulations developed pursuant to this chapter, and, if the Secretary receives a meritorious request for a public hearing from any person on the proposed consent decree and the proposed plan of remedial action in accordance with §§ 6004 and 6006 of this title, as well as any additional notice and hearing requirements the Secretary has adopted by regulation. 67 Del. Laws, c. 326, §  1;  70 Del. Laws, c. 218, §  29;
7 DE Code § 9115. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 91. Delaware Hazardous Substance Cleanup Act|Subchapter I. General Provisions and Enforcement|§ 9115. Notice in property records.

§ 9115. Notice in property records. (a) Pursuant to § 9104(b)(2) of this title, when a release of a hazardous substance that has been determined by the Secretary to be a threat to public health or the environment has occurred at a facility or property on which the facility is located, the owner of the property shall place a notice in the records of real property kept by the Recorder of Deeds of the county in which the property is located. The notice shall:  (1) Identify the facility; (2) Identify the owner of the facility and the person causing the notice to appear; (3) State that a release occurred at or from the facility; (4) State the date the release occurred; and (5) Direct further inquiries to the Secretary. (b) Any certification of completion of remedy issued in accordance with § 9108 of this title shall be promptly filed by the owner with the records of real property kept by the recorder of deeds of the county in which the facility is located and shall identify the facility, the owner of the facility, and the date of issuance of the certification of completion. 67 Del. Laws, c. 326, §  1;  70 Del. Laws, c. 218, §  31;
7 DE Code § 9116. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 91. Delaware Hazardous Substance Cleanup Act|Subchapter I. General Provisions and Enforcement|§ 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 information, or parts thereof, if made public, would divulge methods, processes or activities entitled to protection as trade secrets or as confidential financial or commercial information. Nothing in this section shall be construed as limiting the disclosure of information by the Secretary to any officer, employee or authorized representative of the state or federal government to effectuate the purposes of this chapter. Furthermore, nothing in this section shall prevent the Secretary from including in the remedial decision record information concerning the cost of the remedy or the manner in which it is performed. Prior to disclosure of information certified by the Secretary to be proprietary to an authorized representative who is not an officer or employee of the state or federal government, the person providing the proprietary information may require the representative to sign an agreement prohibiting disclosure of such information to anyone not authorized by this chapter or the terms of the agreement. Such agreement shall not preclude disclosure by the representative to any state or federal government officer or employee concerned with effecting this chapter. 67 Del. Laws, c. 326, §  1;  70 Del. Laws, c. 218, §  32;
7 DE Code § 9118. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 91. Delaware Hazardous Substance Cleanup Act|Subchapter I. General Provisions and Enforcement|§ 9118. Cease and desist orders.

§ 9118. Cease and desist orders. The Secretary shall have the power to issue a cease and desist order to any person violating any provision of this chapter ordering such person to cease and desist from such violation, provided that any cease and desist order issued pursuant to this section shall expire:  (1) After 30 days of its issuance; or (2) Upon withdrawal of said order by the Secretary; or (3) When the order is superseded by an injunction.67 Del. Laws, c. 326, §  1;
7 DE Code § 9119. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 91. Delaware Hazardous Substance Cleanup Act|Subchapter I. General Provisions and Enforcement|§ 9119. Injunctions.

§ 9119. Injunctions. The Court of Chancery shall have jurisdiction to enjoin violations of this chapter. 67 Del. Laws, c. 326, §  1;
7 DE Code § 9120. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 91. Delaware Hazardous Substance Cleanup Act|Subchapter I. General Provisions and Enforcement|§ 9120. Inconsistent laws or ordinances superseded.

§ 9120. Inconsistent laws or ordinances superseded. All laws or ordinances inconsistent with any provisions of this chapter are hereby superseded to the extent of the inconsistency. 67 Del. Laws, c. 326, §  1;
7 DE Code § 9121. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 91. Delaware Hazardous Substance Cleanup Act|Subchapter II. Brownfields Development Program|§ 9121. Short title.

§ 9121. Short title. This subchapter shall be known, and may be cited, as the “Brownfields Development Program.” 74 Del. Laws, c. 409, §  4;
7 DE Code § 9122. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 91. Delaware Hazardous Substance Cleanup Act|Subchapter II. Brownfields Development Program|§ 9122. Declaration of purposes.

§ 9122. Declaration of purposes. (a) In addition to the provisions of the foregoing subchapter I of this chapter, this subchapter is intended to implement a Brownfields Development Program, supplementing the powers and duties of the Secretary as set forth in § 9104 of this title. (b) The General Assembly recognizes that:  (1) There are brownfield sites throughout the State; (2) The underutilization of brownfields in the State operates to the economic detriment of the citizens of the State, because the underutilization of these sites limits employment opportunities and needlessly uses valuable “greenfield” resources; and (3) There is a need to establish a program to effectively investigate, remediate, and redevelop these sites, thus returning these sites to more productive use and enhancing the economic well being of the citizens of the State.74 Del. Laws, c. 409, §  4;