reglab/housing_qa huggingface dataset:
7 DE Code § 6310. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 63. Hazardous Waste Management|Subchapter II. Miscellaneous Provisions|§ 6310. Inspections; right of entry.

§ 6310. Inspections; right of entry. (a) For the purpose of developing or enforcing any regulation, permit or other requirement authorized by this chapter, any duly authorized employee of the Department may, upon presentation of appropriate credentials at any reasonable time:  (1) Enter any place or conveyance where hazardous wastes are generated, stored, transported, treated or disposed of; (2) Inspect and obtain samples from any person of any such wastes and samples of any containers or labeling for such wastes, and prior to leaving the premises, give to the owner, operator or agent in charge a receipt describing the sample obtained, and if requested, a portion of each such sample equal in volume or weight to the portion retained. If any analysis is made of such samples, a copy of the results of such analysis shall be furnished promptly to the owner, operator or agent in charge; (3) Inspect and copy any records, reports, information or test results relating to the purposes of this chapter. (b) Upon any refusal of entry, inspection, sampling or copying pursuant to this section, a duly authorized employee of the Department may apply for and obtain a warrant to allow such entry, inspection, sampling or copying in the manner established by the rules and law of criminal procedure. (c) No duly authorized employee of the Department who enters upon premises, vehicles or equipment for purposes set forth in subsection (a) of this section shall have a cause of action against the owner, operator or occupier thereof for any injuries or damages sustained by such person while on the premises, vehicles or equipment unless such injuries or damages were intentional on the part of the owner, operator or occupier or were caused by the willful or wanton disregard of the rights of others. 62 Del. Laws, c. 412, §  3;
7 DE Code § 6311. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 63. Hazardous Waste Management|Subchapter II. Miscellaneous Provisions|§ 6311. Service of process on owners or operators who are nonresidents or corporations not incorporated in Delaware.

§ 6311. Service of process on owners or operators who are nonresidents or corporations not incorporated in Delaware. (a) Any nonresident person who, either in person or through others, owns or operates a facility or conducts an activity subject to this chapter or any nonresident who, either in person or through others, owns or operates a facility or conducts an activity outside the State, which while located outside the State causes or contributes to the discharge or disposal of hazardous wastes or substances into or upon the lands, air, surface water or groundwaters of the State shall be deemed thereby to have submitted himself or herself to the jurisdiction of the courts of this State and to have appointed and constituted the Secretary of State of this State or the Secretary's designee as the Secretary's agent for the acceptance of legal process in any action under this chapter. The force, validity and effect of service of process under this subsection as well as the procedure for effectuating said service shall be governed in all respects by § 3104 of Title 10. (b) Any corporation, not incorporated in this State, which itself or through others owns or operates a facility or conducts an activity subject to this chapter or any such corporation which itself or through others owns or operates a facility or conducts an activity outside the State, which while located outside the State causes or contributes to the discharge or disposal of hazardous wastes or substances into or upon the lands, air, surface water or groundwater of the State, shall be deemed thereby to have sufficient contacts with this State to have submitted itself to the jurisdiction of the courts of this State. The force, validity and effect of service of process under this subsection as well as the procedure for effectuating said service shall be governed in all respects by § 3111 of Title 10. 62 Del. Laws, c. 412, §  3;  70 Del. Laws, c. 186, §  1;
7 DE Code § 6312. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 63. Hazardous Waste Management|Subchapter II. Miscellaneous Provisions|§ 6312. Public hearings.

§ 6312. Public hearings. Public hearings shall be held on any application for or draft of, any permit or transfer facility approval, or modification thereof, or any regulation, variance request, permit revocation or appeal to the Environmental Appeals Board in accordance with §§ 6004 and 6006 of this title, except where the Secretary has adopted additional notice and hearing requirements by regulation. 62 Del. Laws, c. 412, §  3;  64 Del. Laws, c. 162, §  11;  66 Del. Laws, c. 364, §  9;
7 DE Code § 6313. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 63. Hazardous Waste Management|Subchapter II. Miscellaneous Provisions|§ 6313. Appeals.

§ 6313. 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, a party to an appeal before the Board, substantially affected by a decision of the Board may appeal to the Superior Court in accordance with § 6009 of this title. 62 Del. Laws, c. 412, §  3;
7 DE Code § 6314. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 63. Hazardous Waste Management|Subchapter II. Miscellaneous Provisions|§ 6314. Variances.

§ 6314. Variances. Variances and temporary emergency variances may be granted by the Secretary from any regulation, transfer facility approval or permit condition adopted pursuant to this chapter in accordance with §§ 6011 and 6012 of this title, except that no temporary emergency variance or variance shall be granted which would be inconsistent with the requirements of § 3006(b) or (c) of the Resource Conservation and Recovery Act of 1976, Pub. L. 94-580 [42 U.S.C. § 6926(b) or (c)] (or regulations promulgated thereunder) requiring equivalence or substantial equivalence of state programs for authorization or interim authorization whichever the case may be. 62 Del. Laws, c. 412, §  3;  63 Del. Laws, c. 164, §  3;  64 Del. Laws, c. 162, §  12;  66 Del. Laws, c. 364, §  10;
7 DE Code § 6315. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 63. Hazardous Waste Management|Subchapter II. Miscellaneous Provisions|§ 6315. Interference with Department personnel.

§ 6315. Interference with Department personnel. No person shall obstruct, hinder, delay or interfere with, by force or otherwise, the performance by Department personnel of any duty under this chapter, or any regulation, order, permit or decision promulgated or issued thereunder. 62 Del. Laws, c. 412, §  3;
7 DE Code § 6316. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 63. Hazardous Waste Management|Subchapter II. Miscellaneous Provisions|§ 6316. Funds; charges.

§ 6316. Funds; charges. (a) The Department may cooperate with and receive moneys from the federal government, and any state or local government, or other appropriate source in carrying out its duties under this chapter. (b) Any charges encountered by the Department as a direct result of the public notice and hearing requirements of this chapter and the regulations established thereunder are directly billable to the person conducting or applying to conduct a hazardous waste management activity. 62 Del. Laws, c. 412, §  3;  66 Del. Laws, c. 364, §  11;
7 DE Code § 6317. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 63. Hazardous Waste Management|Subchapter II. Miscellaneous Provisions|§ 6317. Interstate cooperation.

§ 6317. Interstate cooperation. The General Assembly encourages cooperative activities by the Department and the Commission with other states, interstate or regional organizations, and the federal government for the improved management of hazardous wastes; for improved, and so far as practicable, uniform state laws relating to the management of hazardous wastes; and compacts between this and other states for the improved management of hazardous wastes. 62 Del. Laws, c. 412, §  3;
7 DE Code § 6318. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 63. Hazardous Waste Management|Subchapter II. Miscellaneous Provisions|§ 6318. Direct action against guarantor.

§ 6318. Direct action against guarantor. (a) In any case where the owner or operator is in bankruptcy, reorganization or arrangement pursuant to the Federal Bankruptcy Code or where (with reasonable diligence) jurisdiction in any state court or any federal court cannot be obtained over an owner or operator likely to be solvent at the time of judgment, any claim arising from conduct for which evidence of financial responsibility must be provided under this section may be asserted directly against the guarantor providing such evidence of financial responsibility. In the case of any action pursuant to this subsection, such guarantor shall be entitled to invoke all rights and defenses which would have been available to the owner or operator if any action had been brought against the owner or operator by the claimant and which would have been available to the guarantor if an action had been brought against the guarantor by the owner or operator. (b) The total liability of any guarantor shall be limited to the aggregate amount which the guarantor has provided as evidence of financial responsibility to the owner or operator under this chapter. Nothing in this subsection shall be construed to limit any other state or federal statutory, contractual or common-law liability of a guarantor to its owner or operator including, but not limited to, the liability of such guarantor for bad faith either in negotiating or in failing to negotiate the settlement of any claim. Nothing in this subsection shall be construed to diminish the liability of any person under § 107 or 111 of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. §§ 9607 or 9611) or other applicable law. (c) For the purpose of this section, the term “guarantor” means any person, other than the owner or operator, who provides evidence of financial responsibility for an owner or operator under this chapter. 65 Del. Laws, c. 320, §  9;
7 DE Code § 6404. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 64. Delaware Solid Waste Authority|Subchapter I. General Provisions|§ 6404. Functions of Authority.

§ 6404. Functions of Authority. The functions of the Authority shall include, but not be limited to the following:  (1) The planning, design, construction, financing, management, ownership, operation and maintenance of solid waste disposal, volume reduction and resources recovery facilities and all related solid waste reception, transfer, storage, transportation and wastehandling and general support facilities considered by the Authority to be necessary, desirable, convenient or appropriate in carrying out the statewide solid waste management plan and in establishing, managing and operating solid waste disposal and resources recovery systems and their component waste-processing facilities and equipment; (2) The provision of solid waste management services to municipalities, regions and persons within the State by receiving solid wastes at Authority facilities, pursuant to contracts between the Authority and such agencies, municipalities, persons, regions and business entities; the recovery of material and energy resources and resource values from such solid wastes; and the production from such services and resources recovery operations of revenues sufficient to provide for the support of the Authority and its operations on a self-sustaining basis, with due allowance for the redistribution of any surplus revenues to reduce the costs of Authority services to the users thereof; (3) The utilization, through contractual arrangements, of private industry for implementation of some or all of the requirements of the state solid waste management plan and for such other activities as may be considered necessary, desirable or convenient by the Authority; (4) Assistance with the coordination of efforts directed toward source separation for recycling purposes; (5) Assistance in the development of industries and commercial enterprises within the State based upon resources recovery, recycling and reuse. These objectives shall be considered to be operating responsibilities of the Authority, in accordance with the state solid waste management plan, and are to be considered in all respects public purposes. It is the intention of this chapter that the Authority shall be granted all powers necessary to fulfill these purposes and to carry out its assigned responsibilities and that this chapter, itself, is to be construed liberally in furtherance of this intention; and (6) The development, implementation and supervision of a program requiring all persons who haul, convey or transport any solid waste in any container to obtain a license from the Authority. The Authority may enter into an administrative agreement with any county, municipality or other political subdivision under which agreement the licensing program referenced herein may be conducted by the county, municipality or other political subdivision pursuant to such rules and regulations adopted by the Authority which are applicable to the licensing program.60 Del. Laws, c. 288, §  1;  61 Del. Laws, c. 132, §  5;
7 DE Code § 6405. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 64. Delaware Solid Waste Authority|Subchapter I. General Provisions|§ 6405. Manager and staff.

§ 6405. Manager and staff. (a) The manager of the Authority shall be a resident of the State, a registered professional engineer in the State and have obtained at least a masters degree in either civil, mechanical or chemical engineering from an accredited college or university. The manager shall have at least 10 years' engineering experience including at least 3 years' experience in the field of solid waste management. (b) The manager shall be a member and chief executive of the staff Authority. (c) All members of the staff shall be employees of the Authority and, except for the manager, the manager's chief administrative aide and engineers who have graduated from an engineering curriculum of 4 years or more, be covered by the state merit system as classified employees. (d) The manager shall be responsible for developing and recommending an organizational structure for implementing the functions undertaken by the Authority. The manager shall be responsible for recommending to the Authority persons to be hired as staff members. The Authority shall approve all hirings and organizational structures. (e) All members of the staff shall be included under and subject to Chapter 55 of Title 29. 60 Del. Laws, c. 288, §  1;  60 Del. Laws, c. 558, §  4;  63 Del. Laws, c. 372, §§  3, 4;  70 Del. Laws, c. 186, §  1;
7 DE Code § 6408. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 64. Delaware Solid Waste Authority|Subchapter I. General Provisions|§ 6408. Private contractors.

§ 6408. Private contractors. The Authority may utilize private industry, by contract, to carry out the business, design, operating, management, marketing, planning and research and development functions of the Authority, or the Authority may determine that it is in the public interest to adopt another course of action. The Authority is hereby empowered to enter into long-term contracts with persons for the performance of any such functions of the Authority which, in the opinion of the authority, can desirably and conveniently be carried out by a person under contract provided any such contract shall contain such terms and conditions as will enable the Authority to retain overall supervision and control of the business, design, operating, management, transportation, marketing, planning and research and development functions to be carried out or to be performed by such persons pursuant to such contract. Such contracts may be entered into either on a negotiated or an open-bid basis, and the Authority in its discretion may select the type of contract it deems most prudent to utilize, considering the scope of work, the management complexities associated therewith, the extent of current and future technological development requirements and the best interests of the State. In exercising the contracting authorities set forth in this section, the Authority shall not give any preference to public versus private parties. Notwithstanding any provision of § 5103 of Title 25 (Landlord-Tenant Code) to the contrary, with respect to any long-term contract pursuant to which a private entity owns or operates a solid waste disposal, transfer station and electric and steam generating facility for the purpose of providing solid waste disposal services to the Authority, Chapters 51 through 70 of Title 25 (Landlord-Tenant Code) shall not determine the legal rights, remedies or obligations of the parties and beneficiaries to any rental or leasing agreement with respect to such facility. 60 Del. Laws, c. 288, §  1;  61 Del. Laws, c. 132, §  9;  64 Del. Laws, c. 343, §  5(b);
7 DE Code § 6409. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 64. Delaware Solid Waste Authority|Subchapter I. General Provisions|§ 6409. Covenant with bondholders.

§ 6409. Covenant with bondholders. The State covenants and agrees with the holders of any bonds, other securities or obligations or contractual obligations of the Authority, assumed, issued or incurred by it and as security for which there may or may not be pledged the fees and revenues of any part thereof of any facility or other project that the State will not, so long as any of such bonds, other obligations or contractual obligations remain outstanding and unpaid, diminish or impair the power of the Authority to establish, levy and collect fees and other charges in connection therewith and that the State will not, so long as any of such bonds, other obligations or contractual obligations remain outstanding and unpaid, terminate the Authority or authorize any other authority or facility to undertake or assume the functions of the Authority, unless adequate provision shall be made by law for the protection of those advancing money or providing services with respect to such obligations. 60 Del. Laws, c. 288, §  1;  63 Del. Laws, c. 372, §  6;  64 Del. Laws, c. 343, §  5(b);
7 DE Code § 6410. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 64. Delaware Solid Waste Authority|Subchapter I. General Provisions|§ 6410. Securities investments.

§ 6410. Securities investments. Notwithstanding the fact that the bonds may be payable from a special fund, if they are otherwise of such form and character as to be negotiable instruments under the terms of the Uniform Commercial Code, the bonds shall be and are hereby made negotiable instruments and securities within the meaning of and for all the purposes of the Uniform Commercial Code. All banks, bankers, trust companies, savings banks, building and loan associations, saving and loan associations, investment companies and other persons carrying on a banking business, all insurance companies, insurance associations and other persons carrying on an insurance business and all administrators, executors, guardians, trustees and other fiduciaries and all other persons whatsoever who are now or may hereafter be authorized to invest in bonds or other obligations may properly and legally invest any funds, including capital, belonging to them or within their control; and said obligations are hereby made securities which may properly and legally be deposited with and shall be received by the Authority for any purpose for which the deposit of bonds or other obligations is now or may hereafter be authorized. 60 Del. Laws, c. 288, §  1;  61 Del. Laws, c. 132, §  10;
7 DE Code § 6411. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 64. Delaware Solid Waste Authority|Subchapter I. General Provisions|§ 6411. Tax status.

§ 6411. Tax status. The powers and functions exercised by the Authority under this chapter and any amendments hereof or supplements hereto are and will be in all respects for the benefit of the people of the State, and for the protection of their health and welfare. To this end, the Authority shall be regarded as performing essential governmental functions in exercising such powers and functions and in carrying out this chapter and of any law relating thereto, and shall not be required to pay any taxes or assessments of any character, levied either by the State or a political subdivision thereof, upon any of the property used by it for such purposes, or any income or revenue therefrom, including any profit from a sale or exchange. The bonds or other securities or obligations issued by the Authority, their transfer and the interest paid thereon or income therefrom, including any profit from a sale or exchange, shall at all times be free from taxation by State or any subdivision thereof. The Authority may enter into agreements with any person, other than a municipality, leasing a project from the Authority or operating or managing the project providing for the making of payments in lieu of taxes to any municipality within which the project is located of an amount which may be equal to the taxes on real and personal property which such person would have been required to pay had it been the owner of such property during the period for which such payment is made or such lesser amount as shall be agreed upon by such person and the Authority. 60 Del. Laws, c. 288, §  1;  61 Del. Laws, c. 132, §  11;
7 DE Code § 6412. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 64. Delaware Solid Waste Authority|Subchapter I. General Provisions|§ 6412. Judicial review.

§ 6412. Judicial review. Judicial proceedings to review any rule, regulation or other action of the Authority or to determine the meaning or effect thereof, may be brought in the Superior Court of this State, provided such review is requested within 30 days from the date of the promulgation of the rule or regulation or other action of the Authority. 60 Del. Laws, c. 288, §  1;
7 DE Code § 6413. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 64. Delaware Solid Waste Authority|Subchapter I. General Provisions|§ 6413. No pledge of credit; exception.

§ 6413. No pledge of credit; exception. The Authority shall have no power to pledge the credit or to create any debt or liability of the State, or of any other agency or of any political subdivision, except that bonds, loan agreements or service agreements, all of which may be supported by the full faith and credit of a municipality, may be pledged as security for bonds or other obligations of the Authority. 60 Del. Laws, c. 288, §  1;  61 Del. Laws, c. 132, §  12;
7 DE Code § 6414. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 64. Delaware Solid Waste Authority|Subchapter I. General Provisions|§ 6414. Local cooperation.

§ 6414. Local cooperation. All municipalities, political subdivisions and every department, agency or public body of the State is hereby authorized and empowered to cooperate with, aid and assist the Authority in effectuating this chapter and of any amendment hereof or supplement hereto, without regard to any law, public or private, or charter, regulating the issuance of debt or other obligations or governing the issuance of bonds. 60 Del. Laws, c. 288, §  1;  61 Del. Laws, c. 132, §  13;