reglab/housing_qa huggingface dataset:
7 DE Code § 7504. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 75. Delaware Land Protection Act|§ 7504. Definitions.

§ 7504. Definitions. As used in this chapter:  (1) “Conservation Trust Fund” means the Delaware Land and Water Conservation Trust Fund established and maintained pursuant to subchapter II of Chapter 54 of Title 30. (2) “Council” means the Delaware Open Space Council established pursuant to this chapter. (3) “Cultural resource site” means land that contains at least 1 of the following:  a. Archaeological resources. b. An area listed or eligible for listing on the National Register of Historic Places. (4) “Department” means the Department of Natural Resources and Environmental Control. (5) “Land” or “lands” means real property, including improvements thereon; rights of way; water, subaqueous land, and riparian rights; easements; privileges; and all other rights or interests of any kind or description in, relating to, or connected with real property or water. (6) “Open space” or “open space land” means any land the permanent protection of which will further 1 or more purposes enumerated in § 7503(a) of this title. (7) “Open Space Program” means the conservation program created to carry out the purposes of this chapter. (8) “Permanent protection,” “permanently protected,” or “permanently protect,” means the acquisition by purchase, gift, grant, bequest, devise, or otherwise of the fee or any lesser interest, development right, easement, covenant, or other contractual right in land in perpetuity necessary to achieve the purposes of this chapter. (9) “Secretary” means the Secretary of the Department of Natural Resources and Environmental Control. (10) “State agency” means, and shall apply exclusively to, the following units of state government which manage natural and cultural resources:  a. Department of Natural Resources and Environmental Control (Division of Parks and Recreation and Division of Fish and Wildlife). b. Department of State (Division of Historical and Cultural Affairs). c. Department of Agriculture (Delaware Forest Service).67 Del. Laws, c. 352, §  1;  72 Del. Laws, c. 489, §  94;  80 Del. Laws, c. 354, § 1;
7 DE Code § 7506. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 75. Delaware Land Protection Act|§ 7506. Powers and duties of the Council.

§ 7506. Powers and duties of the Council. In addition to its other powers and duties provided in this chapter, the Council shall:  (1) Advise and consult with the Secretary, Department, and State agencies on preservation matters. (2) Advise and consult with the Secretary regarding any change from permanently protected status of open space acquired or otherwise protected under this chapter. (3) Develop, in conjunction with the State agencies and with public input, an Open Space Program Plan ( “Plan” ) for the Council's consideration and approval.  a. The Plan shall include the Council's and state agencies' strategies, goals, and priorities for the application of funds available for the permanent protection of land. b. The Plan may include analysis and discussion of various creative and innovative methods to secure the permanent protection of open space land, including:  1. Local and regional land trusts. 2. Conservation and preservation easements on a statewide basis. 3. Purchase of less than a fee simple interest in land. 4. Programs to create financial incentives for private sector contributions to establish operations and maintenance funds for open space land protected under this chapter. 5. An analysis, in conjunction with all appropriate public and private conservation entities, of the best practices for fee simple and conservation easement options for protecting forest and freshwater wetland habitats and other land eligible for permanent protection. c. The Council and state agencies shall review the Plan every 5 years and may update the Plan as necessary. (4) Encourage the Secretary to analyze, in conjunction with the Department of Finance, the state and local tax codes and formulate incentives to encourage landowners and developers to maintain their lands that qualify as open space in an undeveloped state or to sell or donate such lands to the State or private land preservation organizations. (5) Encourage the Department, private land preservation organizations, and interested private sector entities to preserve and protect open space for the benefit of the citizens of this State.67 Del. Laws, c. 352, §  1;  69 Del. Laws, c. 458, §  1;  77 Del. Laws, c. 236, §  1;  80 Del. Laws, c. 354, § 1;
7 DE Code § 7507B. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 75. Delaware Land Protection Act|§ 7507B. Access to land; limitations on use and disclosure of data.

§ 7507B. Access to land; limitations on use and disclosure of data. (a) A representative of the Council or state agency may access land being considered for permanent protection to perform onsite verification to gather information about the land only after the landowner executes a written permission form granting the Council or State agency representative permission to access the land.  (b) If a representative of the Council or state agency collects data during an onsite verification of land that establishes the presence of at least 1 of the criteria listed in § 7507A(a)(1), (2), or (7) of this title during the negotiations for the permanent protection of that land, and the negotiations do not result in the permanent protection of that land, an agency or political subdivision of this State, including county and municipal governments, or person, as defined in § 302 of Title 1, may not use the data for any of the following purposes:  (1) To incorporate the data into a comprehensive plan; overlay zoning ordinance; guideline; specific or technically-based performance standard, design criterion, or mitigation requirement; or for any other restrictions on land use. (2) To deny, delay, or recommend the denial or delay of a permit or license. (3) To place any condition or restriction on a permit or license. (4) To charge additional fees on a permit or license. (c) Nothing in this chapter may be construed to prohibit the Council or state agency representative from reporting to the proper authorities any information or data obtained about the property concerning a violation of any environmental, public health, or safety laws or regulations or information that is otherwise required to be reported. (d) Data collected under this section related to negotiations that do not result in the permanent protection of land are not public records and may not be disclosed under Chapter 100, Title 29. 80 Del. Laws, c. 354, § 1;
7 DE Code § 7509. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 75. Delaware Land Protection Act|§ 7509. Program administration.

§ 7509. Program administration. (a) The Department shall administer the Open Space Program. Direct costs associated with the administration of the Open Space Program shall be paid from the Conservation Trust Fund. (b)–(d) [Repealed.] (e) Reporting to the Governor and General Assembly. (1) Five years after August 3, 2016, and every 5 years thereafter through the life of the Open Space Program, the Secretary and the Council shall report to the Governor and the General Assembly on the status and accomplishments of the Open Space Program with recommendations regarding continuation of the Open Space Program. (2) The Secretary and the Council shall file annual reports with the General Assembly detailing the accomplishments and activities of the Open Space Program.67 Del. Laws, c. 352, §  1;  80 Del. Laws, c. 354, § 1;
7 DE Code § 7510. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 75. Delaware Land Protection Act|§ 7510. Zoning and use.

§ 7510. Zoning and use. Notwithstanding any provision of this chapter to the contrary, no open space or other area acquired primarily for recreational use shall be rezoned, neither shall there be a change in the use of any such lands requiring a variance or subdivision approval, except upon 45 days prior notice to all elected members of the General Assembly in whose district such lands, or any part thereof, lie. 72 Del. Laws, c. 156, §  2;
7 DE Code § 7601. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 76. Inland Bays’ Watershed Enhancement|§ 7601. Title.

§ 7601. Title. This chapter shall be known, and may be cited as “The Inland Bays' Watershed Enhancement Act.” 69 Del. Laws, c. 468, §  1;
7 DE Code § 7602. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 76. Inland Bays’ Watershed Enhancement|§ 7602. Center for the Inland Bays.

§ 7602. Center for the Inland Bays. (a) The Center for the Inland Bays is hereby created as a nonprofit organization. The Center shall apply for nonprofit status under the federal Internal Revenue Code. The purpose of the Center shall be to oversee and facilitate the implementation of a long-term approach for the wise use and enhancement of the Inland Bays' Watershed. (b) The Center shall receive federal funds for coordinating implementation of the federal Comprehensive Conservation and Management Plan (CCMP), and shall raise private grant moneys to support educational activities, restoration and land acquisition efforts. 69 Del. Laws, c. 468, §  1;
7 DE Code § 7603. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 76. Inland Bays’ Watershed Enhancement|§ 7603. Board of Directors.

§ 7603. Board of Directors. (a) The Center shall be administered by a Board of Directors which shall be no more than 14 in number and shall consist of the following members:  (1) Secretary of Delaware Department of Agriculture; (2) Secretary of Delaware Department of Natural Resources and Environmental Control; (3) Representative from the Sussex Conservation District; (4) Administrator from Sussex County; (5) Representative from Sussex County Association of Towns; (6) Chair of the Inland Bays Scientific and Technical Advisory Committee; (7) Chair of the Inland Bays Citizens Advisory Committee; (8) A citizen of Sussex County designated by the President Pro Tem of the Delaware Senate; (9) A citizen of Sussex County designated by the Speaker of the Delaware House of Representatives; and (10) Up to 5 citizens of Sussex County elected by the voting membership of the Board of Directors. Each member may designate an alternate in the event such member is unable to participate in any decision-making process of the Board. (b) The United States Environmental Protection Agency and other federal agencies may serve as nonvoting, ex-officio members of the Board. In addition, the President Pro-Tem of the Delaware State Senate and the Speaker of the Delaware State House of Representatives may each designate 1 nonvoting, ex-officio member to the Board, which member shall be a resident of Sussex County. (c) The Inland Bays Estuary Program and the Inland Bays Scientific and Technical Advisory Committee (STAC) and the Citizens Advisory Committee (CAC) shall continue to serve as formal advisory bodies to the Board. 69 Del. Laws, c. 468, §  1;  70 Del. Laws, c. 313, §  1;  80 Del. Laws, c. 87, §  1;
7 DE Code § 7604. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 76. Inland Bays’ Watershed Enhancement|§ 7604. Duties of the Board of Directors.

§ 7604. Duties of the Board of Directors. (a) The Board shall be responsible for the procurement and administration of federal and private moneys secured to fulfill the responsibilities pursuant to the protection and restoration of the Inland Bays' watershed. The Board shall review and consider recommendations made by the Executive Director concerning priorities for protecting and restoring the Inland Bays' watershed and to oversee fundraising activities and the distribution of moneys received. (b) The Board of Directors shall oversee and facilitate the implementation of the CCMP upon its adoption, tracking and monitoring its progress leading to improvements to the Inland Bays, facilitating an ongoing dialogue on issues concerning their protection, educating the public and students about how to protect the Bays and determining priorities for restoration, enhancement and land acquisition projects. (c) Meetings of the Board of Directors shall be held at least quarterly, or as deemed necessary, and shall be open to the public and advertised according to Delaware law. Experts in various subject matters may be invited to address the Board of Directors as needed and appropriate. (d) Staff support for the Board shall be provided by an Executive Director who will convene its meetings; develop and carry out its agreements; develop grant proposals and fundraising events to support its educational, restoration and land acquisition activities; prepare solicitations for proposals and make recommendations for the award of grants for educational and restoration projects; prepare progress reports, work plans and budgets for the Board's approval; support advisory committees; supervise staff and perform other duties as assigned by the Board. (e) The Board shall submit a progress report annually to the General Assembly. The General Assembly may order periodic general audits of the Center for the Inland Bays. 69 Del. Laws, c. 468, §  1;
7 DE Code § 7701. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 77. Extremely Hazardous Substances Risk Management Act|§ 7701. Short title.

§ 7701. Short title. This chapter shall be known and may be cited as the “Extremely Hazardous Substances Risk Management Act.” 66 Del. Laws, c. 417, §  1;  71 Del. Laws, c. 308, §  1;
7 DE Code § 7702. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 77. Extremely Hazardous Substances Risk Management Act|§ 7702. Findings.

§ 7702. Findings. (a) The General Assembly finds that a portion of Delaware's population is potentially exposed to accidental releases of extremely hazardous substances (EHS) which could cause deaths or permanent disabilities to persons experiencing short-term exposure to those substances. (b) The General Assembly also finds that although modern technology, operating systems, inspection and monitoring programs and other safeguards cannot guarantee that catastrophic releases of EHS, generation of pressure waves or thermal exposure will not occur, a well conceived and vigorously managed risk management program can reduce the likelihood of such occurrences. (c) The General Assembly further finds that there is a need to educate the public, the business community and every person associated with EHS about the risks of EHS, and the measures that can be taken to minimize the probability of catastrophic events associated with EHS. (d) The Department adopted the Delaware “Regulation for the Management of Extremely Hazardous Substances” on September 25, 1989, and modified this regulation on December 18, 1995, in accordance with this chapter. (e) The General Assembly finds that the United States Congress authorized the United States Environmental Protection Agency (EPA) and the United States Department of Labor, Occupational Safety and Health Administration (OSHA) to develop similar federal requirements in the Clean Air Act Amendments of 1990. OSHA promulgated its standard (29 C.F.R. 1910.119) on February 24, 1992. EPA promulgated its list rule (40 C.F.R. 9 and 68) on January 31, 1994. Additionally, EPA promulgated its Accidental Release Requirements rule (40 C.F.R. Part 68) on June 20, 1996. The Clean Air Act Amendments of 1990 allows for the delegation of the federal EPA authority for the Accidental Release Requirement rule to a state implementing agency. (f) The Department shall undertake the delegation of EPA's authority by the regulatory revision process enacted in this chapter. The Department shall act to maintain EPA's delegated authority once it is obtained. The Delaware “Regulation for the Management of Extremely Hazardous Substances” which became effective on September 25, 1989, and was modified on December 18, 1995, shall remain in effect until the revised regulation becomes effective on or before June 21, 1999. 66 Del. Laws, c. 417, §  1;  71 Del. Laws, c. 308, §  1;
7 DE Code § 7703. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 77. Extremely Hazardous Substances Risk Management Act|§ 7703. Purpose, goal and scope.

§ 7703. Purpose, goal and scope. (a) The purpose of this chapter is to protect the lives and health of citizens of the State living and working in the vicinity of facilities with extremely hazardous substances. (b) This chapter is concerned with the prevention of sudden releases of EHS and the generation of pressure waves and thermal exposures beyond the property boundaries of the facility where they occur and the catastrophic health consequences caused by short-term exposures to such accidental releases. This chapter has the goal of prevention of such catastrophic events by requiring responsible person or persons having extremely hazardous substances on-site to take all feasible actions needed to minimize the probability of catastrophic events. It is the intent of this chapter to complement and be enforced in conjunction with other laws. The Department may, by regulation, exempt or establish a greater threshold quantity for an agriculture nutrient when exclusively used as an agricultural nutrient and held by a farmer. The Department shall, by regulation, determine whether other laws provide equal or more stringent protection according to the purpose of this chapter. In such instances, the Department may exempt a process containing an EHS from all or part of the elements of the risk management program developed under § 7709 of this title. (c) Responsible person(s) from a regulated facility may select cost-effective methods of achieving the purpose of this chapter where a risk management program appropriate to the risk is in effect. EHS already under the jurisdiction of other laws may continue to be used subject to this chapter. Individual containers of EHS for retail sale only are not regulated by this chapter. 66 Del. Laws, c. 417, §  1;  71 Del. Laws, c. 308, §  1;
7 DE Code § 7704. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 77. Extremely Hazardous Substances Risk Management Act|§ 7704. Policy and general duty.

§ 7704. Policy and general duty. (a) The General Assembly believes that every person in control of or associated with an EHS is responsible for operating in a manner consistent with the purpose of this chapter. It is their obligation to develop and implement a risk management program that anticipates and minimizes the chances of catastrophic events. The facility risk management plan and the risk management program implementation shall be subject to review by the Department. It shall be the objective of the regulations and programs established under this chapter to prevent accidental releases and to minimize the consequences of any such release of any substance listed pursuant to § 7707 of this title or any other extremely hazardous substance. Every person in control of or associated with any such substance that is produced, processed, handled or stored has a general duty to identify hazards which may result from such releases using appropriate hazard assessment techniques, to design and maintain a safe facility taking such steps as are necessary to prevent releases, and to minimize the consequences of accidental releases which do occur. (b) Nothing in this chapter shall be interpreted, construed, implied or applied to create any liability or basis for suit for compensation for bodily injury or any other injury or property damages to any person that may result from accidental releases of such substances. 66 Del. Laws, c. 417, §  1;  71 Del. Laws, c. 308, §  1;
7 DE Code § 7706. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 77. Extremely Hazardous Substances Risk Management Act|§ 7706. Regulations.

§ 7706. Regulations. (a) The Secretary may adopt, amend, modify or repeal regulations, after public hearing, to effectuate the policy and purpose of this chapter. Cost effectiveness, technical feasibility, risk to public health and risk reduction effectiveness are factors that must be considered by the Department in making its findings and developing regulations. In no case shall the costs of risk management program provisions be the deciding factor if the result would jeopardize the purpose of this chapter. (b) When developing regulations, the Department shall establish an ad hoc committee of interested persons. When establishing this committee, the Department shall solicit the involvement of interested persons such as, but not limited to, the following: Secretaries or their designees of the Department of Natural Resources and Environmental Control, the Department of Agriculture, the Department of Safety and Homeland Security and the Department of Health and Social Services; the State Fire Marshal or a designee; a member of the Delaware Chemical Industry Council; a member of the Delaware State Chamber of Commerce; a member of the Delaware City Community Awareness Emergency Response Committee; a member of the Citizens Advisory Committee to the Department of Natural Resources and Environmental Control; a member of the Delaware Petroleum Council; and citizens of the State representing public organizations with a concern for the environment. The Department Secretary (or a designated person) shall chair the committee. (c) The regulations developed for this chapter by the Department shall be periodically reviewed. (d) In addition, the Department shall develop cooperative agreements as needed with the Division of Public Health, the Department of Safety and Homeland Security, Office of the State Fire Marshal and any other private, public or federal agency. 66 Del. Laws, c. 417, §  1;  71 Del. Laws, c. 308, §  1;  74 Del. Laws, c. 110, §  138;
7 DE Code § 7708. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 77. Extremely Hazardous Substances Risk Management Act|§ 7708. Risk management plan.

§ 7708. Risk management plan. (a) Prior to January 1, 1999, the Department shall develop regulations and appropriate guidance to aid the regulated facilities in Delaware in complying with their obligations to submit a RMP. It is the belief of the General Assembly that the federal database of facility RMPs can and should be used to replace the previous system of state registration. (b) The Department shall have the authority to develop its own risk management plan submission process by regulation should the federal system fail to meet the needs of the Department in carrying out this chapter. Should the Department develop its own RMP submission process, the RMP shall be submitted in a method and format to a State central point as specified by the Department prior to June 21, 1999. (c) Each facility RMP shall be made available by the Department to the State Emergency Response Commission, the Local Emergency Planning Committees, to other state agencies involved in emergency planning and preparedness and to citizens of the State. 71 Del. Laws, c. 308, §  1;