reglab/housing_qa huggingface dataset:
7 DE Code § 7124. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 71. Noise Control and Abatement|Subchapter II. Motor Vehicles|§ 7124. Other ordinances or remedies.

§ 7124. Other ordinances or remedies. (a) No existing civil or criminal remedy now or hereafter available to any person shall be superseded by this chapter or any rule or regulation promulgated pursuant thereto. (b) No ordinances or resolutions of any governing body of a municipality or county or board of health which establish specific standards for the level or duration of community noise equivalent to or more stringent than those provided by this chapter or any rule or regulation promulgated pursuant thereto shall be superseded. Nothing in this chapter or in any rule or regulation promulgated pursuant thereto shall preclude the right of any governing body of a municipality or the Department of Health and Social Services to adopt ordinances, resolutions or regulations which establish specific standards for the level or duration of community noise equivalent to or more stringent than this chapter or any rule or regulation promulgated pursuant thereto. 60 Del. Laws, c. 648, §  1;  63 Del. Laws, c. 369, §  1;  70 Del. Laws, c. 149, §  3;
7 DE Code § 7125. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 71. Noise Control and Abatement|Subchapter II. Motor Vehicles|§ 7125. Exemptions.

§ 7125. Exemptions. (a) All farm vehicles are exempted from this chapter while engaged in farming operations. (b) Sirens operated to summon volunteer firefighters to alarms and sirens used to summon ambulance crews to service calls are exempted from this chapter. 60 Del. Laws, c. 648, §  1;  63 Del. Laws, c. 369, §  1;  70 Del. Laws, c. 186, §  1;
7 DE Code § 7401. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 74. Delaware Underground Storage Tank Act|Subchapter I. General Provisions|§ 7401. Declaration of purpose.

§ 7401. Declaration of purpose. The General Assembly finds and declares that the storage of petroleum products and other hazardous liquids in underground storage tanks is emerging as a major cause of groundwater contamination in the State; that the State's groundwater resources are vital to the population and economy of the State; that millions of gallons of gasoline and other hazardous substances are stored in underground storage tanks; that leaks of stored substances are occurring in a significant number of these tanks due to corrosion, structural defect and improper installation; that leaks are often difficult to detect early because of insufficient product inventory or other control systems; that it is necessary to provide for more stringent control of the installation, operation, retrofitting and abandonment of underground storage tanks to prevent leaks, and where leaks should occur, detect them at the earliest possible stage and thus minimize further degradation of groundwater; and that responsible parties should be required and encouraged to remediate, take corrective action, and clean up released regulated substances, and contaminated soils and groundwater, on or about the facilities with which they are associated; and that the costs of such remediation and clean up should be fairly apportioned if more than 1 responsible party is liable. 65 Del. Laws, c. 161, §  1;  79 Del. Laws, c. 440, §  1;
7 DE Code § 7403. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 74. Delaware Underground Storage Tank Act|Subchapter I. General Provisions|§ 7403. Referenced standards.

§ 7403. Referenced standards. The Department shall use the recommendations and standard procedures of the following organizations in developing the regulations required by this chapter:  (1) National Fire Protection Association (N.F.P.A.); (2) American Petroleum Institute (A.P.I.); (3) National Association of Corrosion Engineers (N.A.C.E.); (4) Underwriters Laboratories (U.L.); and (5) American Society for Testing and Materials (A.S.T.M.). Underground storage tanks installed after the enactment of this chapter shall be in accordance with the appropriate standards cited herein and the regulations promulgated by the Department. 65 Del. Laws, c. 161, §  1;
7 DE Code § 7404. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 74. Delaware Underground Storage Tank Act|Subchapter I. General Provisions|§ 7404. Exemptions.

§ 7404. Exemptions. The following classes of tanks are exempt from this chapter with the exception of the application of §§ 7406 and 7409 of this title:  (1) Agricultural and residential tanks of 1,100 gallons or less used for storing motor fuel for noncommercial purposes; and (2) Tanks containing heating fuels of 1,100 gallons or less which are used for consumptive purposes on the premises where stored.65 Del. Laws, c. 161, §  1;  66 Del. Laws, c. 187, §  2;  66 Del. Laws, c. 425, §  2;
7 DE Code § 7405. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 74. Delaware Underground Storage Tank Act|Subchapter I. General Provisions|§ 7405. Registration by owner.

§ 7405. Registration by owner. (a) Underground storage tank owners shall register the following on forms provided by the Department:  (1) Within 60 days after July 12, 1985, all new underground storage facilities used for storing regulated substances, at least 10 days prior to installation. Notice shall specify the date of installation, location, type of construction, size of tanks to be installed and the type of substance to be stored. (2) All existing underground storage facilities, used for storing regulated substances, within 180 days of July 12, 1985; provided, however, that existing heating fuel tanks of greater than 1,100 gallon capacity shall be registered within 180 days of July 20, 1988. Notice shall specify, to the extent known, the location, size, type of construction and age of tanks, and the type of substance stored. (3) All abandoned or nonoperational underground storage tanks taken out of service after January 1, 1974. All underground storage tanks covered by this paragraph must be registered within 9 months of July 12, 1985 (unless the owner knows the tank was subsequently removed from the ground); provided, however, that abandoned or nonoperational heating fuel tanks of greater than 1,100 gallons capacity shall be registered within 180 days of July 20, 1988. Notice shall specify, to the extent known, the date taken out of operation, the location, size, type of construction and age of tank, and type of substance stored, and quantity of regulated substances left stored in such tank on the date taken out of operation. (b) Within 30 days of July 12, 1985, the Department shall prescribe the form of the notice and the information to be included in the notification under paragraphs (a)(2) and (3) of this section. 65 Del. Laws, c. 161, §  1;  66 Del. Laws, c. 425, §§  3, 4;
7 DE Code § 7407. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 74. Delaware Underground Storage Tank Act|Subchapter I. General Provisions|§ 7407. Release detection, prevention and correction regulations.

§ 7407. Release detection, prevention and correction regulations. (a) The Department, after notice and opportunity for public comment, and within 12 months after July 12, 1985, shall promulgate release detection, prevention and correction regulations applicable to underground storage tanks, as may be necessary to protect human health and the environment. (b) In promulgating regulations under this section, the Department shall take into consideration factors which affect tank integrity, including, but not limited to, tank location, type and age, soil conditions, hydrogeology, compatibility of the stored substances and the materials of which the tank is constructed, current industry recommended practices, national consensus codes and the impact of the regulations on the regulated community. The Department shall distinguish in such standards between requirements appropriate for new tanks, for tanks in existence on the date of promulgation of the standards and for abandoned tanks. The Department shall require permits for certain classes of tanks or for tanks located in certain environmentally sensitive areas where such a permit system would lead to better management of groundwater resources. (c) The Department's regulations shall, at a minimum, include the following provisions:  (1) A requirement that a product inventory or other such control system, adequate to identify releases from underground storage tanks, be maintained; (2) Procedures to follow when inventory or other such control system records indicate an abnormal loss or gain which is not explainable by spillage, temperature verifications, or other known causes; (3) A requirement that appropriate corrective action be taken in response to a release from an underground storage tank as may be necessary to protect human health and the environment; (4) A requirement to maintain records documenting actions taken in accordance with paragraphs (c)(1)-(3) of this section; (5) A requirement for an enforcement program; and (6) A requirement for standards that will ensure against any future release from an underground storage tank being closed or otherwise taken out of operation. (d) All underground storage tank system fill lines shall be clearly marked to indicate the size of the tank and the type of regulated substances stored, within 180 days of July 20, 1987; as provided in regulations established under this chapter. 65 Del. Laws, c. 161, §  1;  66 Del. Laws, c. 425, §  5;
7 DE Code § 7411. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 74. Delaware Underground Storage Tank Act|Subchapter I. General Provisions|§ 7411. Enforcement.

§ 7411. Enforcement. (a) Whenever, on the basis of any information, the Secretary determines that any person is in violation of any requirement of this chapter, or any rule or regulation promulgated hereunder, the Secretary shall give notice to the violator of said violator's failure to comply with such requirement. If such violation extends beyond the thirtieth day after the Secretary's notification, the Department may issue an order requiring compliance within a specified time period. (b) If such violator fails to take action to correct the violation within the time specified in the order, he or she shall be liable for a civil penalty of not more than $25,000 for each day of continued noncompliance and the Secretary may suspend or revoke any permit issued to the violator. (c) Any order or any suspension or revocation of a permit shall become final unless, not later than 30 days after the order or notice of the suspension or revocation is served, the person or persons named therein request a public hearing. Upon such request, the Secretary shall conduct a public hearing in accordance with § 6006 of this title. In connection with any proceeding under this subsection, the Secretary may issue subpoenas for the attendance and testimony of witnesses and the production of relevant papers, books and documents and may promulgate rules for discovery procedures. (d) Any order issued under this section shall state with reasonable specificity the nature of the violation and specify a time for compliance and assess a penalty, if any, which the Secretary determines is reasonable, taking into account the seriousness of the violation and any good faith efforts to comply with the applicable requirements. (e) In lieu of the compliance order procedure in subsection (a) of this section, any person who violates a provision of this chapter, any rule or regulation, or any order of the Secretary shall be liable for a civil penalty of not less than $1,000, nor more than $25,000 for each day of violation. The Superior Court shall have jurisdiction over offenses under this chapter. (f) If the violation consists solely of a failure to register an underground storage tank or submit other notifications as required, the Secretary may elect to bring a civil action in the Justice of the Peace Court for a penalty not to exceed $1,000. Each day of violation shall be considered as a separate violation. (g) Any expenses or civil penalties collected by the Department under this action shall be credited to the administration fund established under § 7418(d) of this title. 65 Del. Laws, c. 161, §  1;  66 Del. Laws, c. 425, §§  6, 7;  70 Del. Laws, c. 186, §  1;  79 Del. Laws, c. 440, §  8;
7 DE Code § 7412. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 74. Delaware Underground Storage Tank Act|Subchapter I. General Provisions|§ 7412. Appeals.

§ 7412. Appeals. (a) Any person whose interest is substantially affected by any action of the Secretary may appeal to the Environmental Appeals Board in accordance with § 6008 of this title. (b) Any person or party to an appeal before the Board who is substantially affected by a decision of the Board may appeal to the Superior Court in accordance with § 6009 of this title. 65 Del. Laws, c. 161, §  1;
7 DE Code § 7413. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 74. Delaware Underground Storage Tank Act|Subchapter I. General Provisions|§ 7413. Variances.

§ 7413. Variances. Variances and temporary emergency variances may be granted by the Secretary from any regulation adopted pursuant to this chapter in accordance with §§ 6011 and 6012 of this title except that no variance or temporary emergency variance shall be granted which would be inconsistent with the no less stringent requirements of § 9004 of the Resource Conservation and Recovery Act of 1976, Pub. L. 94-580 as amended by Pub. L. 98-616 [42 U.S.C. § 6991c] (or regulations promulgated thereunder). 65 Del. Laws, c. 161, §  1;  69 Del. Laws, c. 330, §  3;
7 DE Code § 7414. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 74. Delaware Underground Storage Tank Act|Subchapter I. General Provisions|§ 7414. Leaking Underground Storage Tank Committee.

§ 7414. Leaking Underground Storage Tank Committee. There is hereby established a Leaking Underground Storage Tank Committee which shall be composed of, but not limited to, the Secretary of the Department of Natural Resources and Environmental Control, the Director of the Office of Management and Budget, the Director of the Delaware Geological Survey, the State Fire Marshal, a member of the Delaware Petroleum Council, a member of the Pennsylvania/Delaware Service Station Dealers Association, an installer of underground storage tanks, a representative of the insurance industry, the Insurance Commissioner or the Commissioner's designee, a representative of the agricultural community, a representative of the chemical industry, a representative from an environmental interest group, 2 state Senators who shall be appointed by the President Pro Tempore of the Senate and 2 state Representatives who shall be appointed by the Speaker of the House of Representatives. The Governor shall designate the Chairperson. The whole Committee shall guide development of the regulations and other requirements of this chapter. 65 Del. Laws, c. 161, §  1;  70 Del. Laws, c. 186, §  1;  75 Del. Laws, c. 88, §  16(1);
7 DE Code § 7415. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 74. Delaware Underground Storage Tank Act|Subchapter I. General Provisions|§ 7415. Implementation and reporting requirements.

§ 7415. Implementation and reporting requirements. The Department, in conjunction with the Delaware Geological Survey, shall conduct a study to demonstrate the feasibility of a comprehensive inventory of underground storage tanks to include new, existing and abandoned tanks. It shall be conducted within an area of the State to be designated by the Department and the Committee. The Delaware Geological Survey shall investigate the feasibility of utilizing aerial photographs and other new or advanced techniques for locating abandoned tanks. The Department shall report to the General Assembly within 6 months of the date of adoption of implementation and reporting requirements. The report shall include a critique of the management experience gained which will serve as a basis for identifying staff and automated data processing needs for a comprehensive inventory. 65 Del. Laws, c. 161, §  1;
7 DE Code § 7416. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 74. Delaware Underground Storage Tank Act|Subchapter I. General Provisions|§ 7416. Groundwater risk assessment.

§ 7416. Groundwater risk assessment. (a) Because groundwater protection and management is an underlying issue related to leaking underground storage tanks, information on the risks to groundwater resources will be needed to facilitate implementation of the regulations. (b) The Delaware Geological Survey shall, under the auspices and direction of the Committee, and in cooperation with the Department, examine the need for prioritizing possible leak risks. The Survey may assist the Committee by identifying areas where existing or abandoned leaking underground storage tanks would pose the most significant risk. 65 Del. Laws, c. 161, §  1;
7 DE Code § 7417. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 74. Delaware Underground Storage Tank Act|Subchapter I. General Provisions|§ 7417. Use of Hazardous Substance Cleanup Act funding.

§ 7417. Use of Hazardous Substance Cleanup Act funding. The Department may use funding from the Hazardous Substance Cleanup Fund (§ 9113 of this title) to support the implementation of this chapter, including but not limited to preventing releases from underground storage tanks, removing or properly closing in place underground storage tanks that are suspected of leaking or that have been out of service for longer than 12 months, providing financial assistance to remove underground storage tanks containing heating fuel, detecting releases as early as possible, investigating the nature and extent of a release, and performing necessary corrective actions to minimize degradation of groundwater and protect human health and the environment. 79 Del. Laws, c. 440, §  9;
7 DE Code § 7418. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 74. Delaware Underground Storage Tank Act|Subchapter I. General Provisions|§ 7418. Tank registration fee.

§ 7418. Tank registration fee. (a) All owners/operators of underground storage tanks shall pay to the Department an annual per tank registration fee of $50 on or before February 1 of each calendar year. Registration fees not received by the Department by February 1 shall be subject to a late charge of $30. Payment shall be made in accordance with regulations established by the Department. (b) Underground storage tanks owned or operated by the State, or counties or municipalities or agencies or subdivisions thereof, shall be exempt from payment of the registration fee defined in subsection (a) of this section. (c) Underground storage tanks owned or operated by the volunteer fire companies and ambulance companies within this State shall be exempt from payment of the registration fee defined in subsection (a) of this section. (d) The tank registration fee established in subsection (a) of this section shall be used solely for the purpose of administering the Department's programs implementing this chapter and the regulations promulgated thereunder. (e) The tank registration fee shall be credited to a dedicated administration fund established in the accounts of the Treasurer. Any money remaining in such fund at the end of the fiscal year shall not revert to the General Fund, but shall remain in the dedicated administration fund. The fund shall be maintained in a separate account and shall be administered by the Department. An accounting of moneys received and disbursed shall be kept, and furnished upon request to the Governor or the General Assembly. 66 Del. Laws, c. 187, §  6;  66 Del. Laws, c. 310, §  1;
7 DE Code § 7420. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 74. Delaware Underground Storage Tank Act|Subchapter II. Small Retail Gasoline Station Assistance Program|§ 7420. Notification requirement for Stage 1 vapor recovery activities.

§ 7420. Notification requirement for Stage 1 vapor recovery activities. The vapor recovery permit requirements for Stage 1 vapor recovery equipment, as identified by the Department, and operation thereof required under § 6003 of this title may be suspended by the Secretary and replaced with a notification requirement in accordance with duly promulgated regulations. 70 Del. Laws, c. 241, §  1;
7 DE Code § 7421. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 74. Delaware Underground Storage Tank Act|Subchapter II. Small Retail Gasoline Station Assistance Program|§ 7421. Legislative findings and intent.

§ 7421. Legislative findings and intent. The General Assembly finds and declares that it is in the best interests of the people of Delaware that small retail gasoline station owners and operators continue to maintain their economic viability, while taking the remedial and preventive measures necessary to protect Delaware's environment and to comply with this subchapter and other State and federal environmental protection laws. The General Assembly further finds that such station owners and operators are often unable to obtain financing for needed remedial and preventive measures in the private financing market, and accordingly it is necessary for the State to provide affordable financing if the public interest is to be protected. Therefore, there shall be established in the Department of Natural Resources and Environmental Control (“Department”) a loan assistance program, the purpose of which is provide loans to small retail gasoline station owners and operators (“small stations”) to carry out the following activities necessary to comply with State and federal environmental laws:  (1) Installation of air quality protection devices; and/or (2) Replacement of existing underground storage tank systems; and/or (3) Removal and abandonment of underground storage tank systems; and/or (4) Installation of water quality protection devices.69 Del. Laws, c. 77, §  71;  70 Del. Laws, c. 241, §  2;
7 DE Code § 7422. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 74. Delaware Underground Storage Tank Act|Subchapter II. Small Retail Gasoline Station Assistance Program|§ 7422. Small Retail Gasoline Station Assistance Loan Fund; source of funds, interest rate, and capitalization.

§ 7422. Small Retail Gasoline Station Assistance Loan Fund; source of funds, interest rate, and capitalization. (a) Loan proceeds and the State's expenses in administering this program shall be drawn from a special account of the Transportation Trust Fund known as the “Small Retail Gasoline Station Assistance Loan Fund,” hereinafter referred to as the “Small Station Fund.” (b) Loans made from the Small Station Fund shall require interest payments at a simple interest rate which is 2% above the Federal Reserve discount rate in effect at the time the loan application is filed with the Department. (c) The Small Station Fund account shall be capitalized in an amount not to exceed $12 million over the life of the program out of funds of the Transportation Trust Fund as authorized by Chapter 14 of Title 2. 69 Del. Laws, c. 77, §  71;  70 Del. Laws, c. 241, §  2;