reglab/housing_qa huggingface dataset:
7 DE Code § 7423. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 74. Delaware Underground Storage Tank Act|Subchapter II. Small Retail Gasoline Station Assistance Program|§ 7423. Small Station Fund eligibility.

§ 7423. Small Station Fund eligibility. (a) Any applicant for a Small Station Fund loan must demonstrate that the applicant meets the following criteria:  (1) The loan shall be made only to small station owner/operators as defined in eligibility rules established under this section and who also qualify as a “Small Business” under rules established by the Small Business Administration, provided, however, that no loan may be provided to a small station which has a total throughput of 75,001 gallons or more of gasoline and/or special fuel (diesel) products as a monthly average for the 12 months preceding the date of application for the loan; (2) The loan proceeds for any individual site may not exceed $100,000, and shall be used for a project approved under this section to accomplish one of the following purposes:  a. Installation of air quality protection devices; and/or b. Replacement of existing underground storage tank systems; and/or c. Removal and abandonment of underground storage tank systems; and/or d. Installation of water quality protection devices; (3) In no event shall the loan proceeds exceed 90% of the total amount required to complete the project for which the loan is made. Applicants must also show proof of ability to repay the Small Station Fund within a time period not exceeding 7 years; (4) The application for a loan from the Small Station Fund shall be made on or before November 15, 1997, accompanied by a nonrefundable application fee of $250, which shall immediately upon receipt be transferred to the Transportation Trust Fund. No loans shall be made after July 1, 1998; (5) Such other criteria as may be specified pursuant to subsection (b) of this section; and (6) The loan for the project to be provided to the small station by the Small Station Fund shall be approved by the Secretary of the Department and the Secretary of the Department of Transportation. (b) Before making any loan from the Small Station Fund, the Department, in coordination with the Department of Transportation, shall specify:  (1) Standards, consistent with subsection (a) of this section, for determining the eligibility of borrowers and the type of projects to be financed with loans from the Small Station Fund; (2) Procedures for submitting applications for loans from the Small Station Fund and procedures for approval of such applications; (3) Conditions for loans from the Small Station Fund consistent with the provisions of subsection (a) of this section; and (4) Other relevant criteria, standards or procedures.69 Del. Laws, c. 77, §  71;  69 Del. Laws, c. 458, §  1;  70 Del. Laws, c. 241, §  2;  81 Del. Laws, c. 49, § 7;  81 Del. Laws, c. 374, § 36;
7 DE Code § 7424. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 74. Delaware Underground Storage Tank Act|Subchapter II. Small Retail Gasoline Station Assistance Program|§ 7424. Loan payment mechanism; prepayment and security options.

§ 7424. Loan payment mechanism; prepayment and security options. (a) Except as provided in subsection (b) of this section, small stations shall make their loan payments under this program through a surcharge of not less than $0.01 per gallon for each gallon for which fuel taxes are assessed, to be paid with the fuel tax returns filed each month by themselves or their distributors/suppliers on their behalf, pursuant to the provisions of Chapter 51 of Title 30. The surcharge is not to be treated as a fuel tax payment, and will be applied to the credit of the small station on the unpaid balance of principal and interest on the loan. (b) In addition to the payment mechanism set forth in subsection (a) of this section, as well as other methods of secured repayment provided for pursuant to § 7422(b) of this title, small stations may also make larger loan payments through other mechanisms approved under § 7422(b) of this title, to enable the small station to prepay the loan without penalty. 69 Del. Laws, c. 77, §  71;  70 Del. Laws, c. 241, §  2;
7 DE Code § 7425. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 74. Delaware Underground Storage Tank Act|Subchapter III. Contractor Certification|§ 7425. Certification of underground storage tank contractors.

§ 7425. Certification of underground storage tank contractors. (a) The Department shall adopt regulations for certification of businesses and individuals to install, retrofit, remove, abandon or reline underground storage tank systems used to store regulated substances. (b) As a prerequisite for certification, the Department shall conduct written examinations within the State for the purpose of determining ability to perform installation, retrofit, relining, removal or abandonment of underground storage tank systems. The Department may waive the examination for persons who possess a valid certificate from another state, provided such certification is for similar work to be performed in Delaware. (c) An underground storage tank system shall be installed, repaired, retrofitted, relined, removed or abandoned only in the presence and under the direction of an individual possessing a valid certificate issued by the Department. Certification requirements for contractors shall commence 6 months after adoption of regulations. (d) Certification will not be required for owners of farm or residential underground storage tanks who wish to remove or abandon their own nonregulated underground storage tanks. (e) Certification shall be valid for 2 years. The fee for certification shall be $250 for companies and $100 for on-site supervisors. Fees collected are appropriated to the Department to carry out the purposes of the Underground Storage Tank Program. 69 Del. Laws, c. 321, §  1;  70 Del. Laws, c. 241, §  3;
7 DE Code § 7901. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 79. Environmental Permit Application Background Statement|Subchapter I. Environmental Permit Application Background Statement|§ 7901. Findings; purpose.

§ 7901. Findings; purpose. (a) The General Assembly finds that:  (1) The discharge of pollutants to Delaware's air and water, and the management and disposal of solid and hazardous wastes in Delaware's environment can create significant risks to public health and environmental quality; (2) The protection of Delaware's coastal zone and subaqueous lands from environmental degradation is a matter of public trust as demonstrated by the enactment of the Delaware Coastal Zone Act, Chapter 70 of Title 7, and the Delaware Subaqueous Lands Act, Chapter 72 of Title 7; (3) The public has a right to clean air and water, and otherwise to a healthy environment; and (4) Because of the importance of these resources to the health and welfare of Delaware citizens, the State has a right and responsibility to ensure that those regulated parties obtaining permits to discharge pollutants, manage wastes, or make commercial use of the coastal zone and the State's subaqueous lands can be trusted to carry out the responsibilities and conditions of these permits. (b) It is the purpose of this subchapter to ensure that the State has adequate information about the background of applicants or regulated parties for the purposes of processing permits and conducting other regulatory activities associated with stormwater management, NPDES, oil pollution liability, air, hazardous waste, solid waste, commercial subaqueous, wetlands, coastal zone, underground storage tank, extremely hazardous substances, hazardous substances cleanup and emergency planning and community right-to-know under the authority of Chapters 40, 60, 62, 63, 66, 70, 72, 74, 74A, 77, 78 and 91 of this title, Chapter 63 of Title 16, and § 8028 of Title 29. This includes the ability to identify applicants or regulated parties with histories of environmental violations or criminal activities and/or associations or applicants who cannot demonstrate the required responsibility, expertise or competence which is necessary for the proper operation or activity permitted by the Department. (c) The purpose of chronic violator status is to provide a mechanism for preventing or correcting circumstances in which:  (1) One or more of the traditional enforcement tools and regulatory programs of the Department appear insufficient to conform behavior and deter future violations by the regulated party; or (2) The regulated party appears to be treating penalties and other sanctions as merely an on-going business expense rather than as symptomatic of underlying problems and threats to the State's environment that must be addressed and corrected.68 Del. Laws, c. 419, §  1;  73 Del. Laws, c. 117, §  5;  78 Del. Laws, c. 177, §§  1-3;
7 DE Code § 7903. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 79. Environmental Permit Application Background Statement|Subchapter I. Environmental Permit Application Background Statement|§ 7903. Confidential information.

§ 7903. Confidential information. (a) All information provided pursuant to § 7902 of this title shall be considered public information and shall be considered part of the public record pertaining to the permit application. (b) Notwithstanding subsection (a) of this section, information provided in response to a request from the Department for information to enable a positive and accurate identification of the person signing the application and statement, which is ordinarily understood to constitute private and sensitive personal information, including without limitation, driver's license state and number and date of birth, shall not be made public or be deemed a public record by the Department except as may be necessary in its investigation and enforcement activities and proceedings. For other information, if the applicant can demonstrate that the information provided pursuant to § 7902 of this title is not a matter of public record at the time of the application, and that the release of such information to the public would constitute an invasion of personal privacy or would seriously affect the applicant's business or competitive situation, the Department may designate such information as confidential information. (c) Confidential information shall not be released to the public or made part of the public record and shall only be released to law enforcement personnel performing the background investigation, authorized representatives of the office of the Attorney General, or sworn law enforcement personnel of other jurisdictions performing similar investigations on the applicant. 68 Del. Laws, c. 419, §  1;  74 Del. Laws, c. 170, §  1;  78 Del. Laws, c. 177, §§  10, 11;
7 DE Code § 7905. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 79. Environmental Permit Application Background Statement|Subchapter I. Environmental Permit Application Background Statement|§ 7905. Additional information; duty to cooperate.

§ 7905. Additional information; duty to cooperate. All applicants, regulated parties and permittees have the continuing duty to provide any assistance or information requested by the Department, and to cooperate in an inquiry or investigation or hearing conducted by the Department. 68 Del. Laws, c. 419, §  1;  78 Del. Laws, c. 177, §  16;
7 DE Code § 7906. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 79. Environmental Permit Application Background Statement|Subchapter I. Environmental Permit Application Background Statement|§ 7906. Penalties for chronic violators.

§ 7906. Penalties for chronic violators. In addition to other applicable enforcement provisions contained in relevant sections of chapters covered by § 7901(b) of this title, the Secretary is authorized to impose an administrative penalty of up to $10,000 per day for each violation against any regulated party that is determined to be a chronic violator in accordance with the provisions of § 7904(a) of this title, provided that simultaneous violations of more than 1 pollutant or air contaminant parameter or of any other limitation or standard may be treated as separately punishable violations within each day, and multiple, intermittent violations of a single pollutant or air contaminant parameter or any other limitation or standard may be treated as separately punishable violations within each day. Any administrative penalties collected by the Department under this section are hereby appropriated pursuant and subject to the procedures and requirement of § 6005(d) of this title. 73 Del. Laws, c. 117, §  8;  70 Del. Laws, c. 186, §  1;  78 Del. Laws, c. 177, §  17;
7 DE Code § 7907. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 79. Environmental Permit Application Background Statement|Subchapter II. Uniform Environmental Covenants Act|§ 7907. Definitions.

§ 7907. Definitions. As used in this subchapter:  (1) “Activity and use limitations” means restrictions or obligations with respect to real property created under this subchapter. (2) “Common interest community” means a condominium or other real property with respect to which a person, by virtue of the person's ownership of a parcel of real property, is obligated to pay for property taxes, insurance premiums, maintenance, or improvement of other real property described in a recorded covenant that creates the common interest community. (3) “Department” means the Department of Natural Resources and Environmental Control (DNREC). (4) “Environmental covenant” means a servitude arising under an environmental response project that imposes activity and use limitations. (5) “Environmental response project” means a plan or work performed for environmental remediation of real property, conducted:  a. Under a federal or state program governing environmental remediation of real property, including Chapter 91 of this title, Delaware Hazardous Substance Cleanup Act (HSCA), Chapter 74 of this title, the Delaware Underground Storage Tank Act, and Chapter 74A of this title, the Jeffrey Davis Aboveground Storage Tank Act; b. Incident to closure of a solid or hazardous waste management unit, if the closure is conducted with approval of the Department; or c. Under a state voluntary cleanup program authorized in Chapters 60, 63, 74, 74A and 91 of this title. (6) “Holder” means a person that is the grantee of an environmental covenant. (7) “Owner” means a person that owns a fee simple interest in real property that is subject to an environmental covenant. (8) “Person” means any individual, trust, firm, joint stock company, federal agency, partnership, corporation (including a government corporation or authority), limited liability company, association, state, municipality, commission, political subdivision of a state or any interstate body. (9) “Record,” when used as a noun, means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. (10) “Secretary” means the Secretary of the Department of Natural Resources and Environmental Control or the Secretary's duly authorized designee. (11) “State” means the State of Delaware, in the United States.75 Del. Laws, c. 206, §  1;  70 Del. Laws, c. 186, §  1;  79 Del. Laws, c. 440, §  10;
7 DE Code § 7908. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 79. Environmental Permit Application Background Statement|Subchapter II. Uniform Environmental Covenants Act|§ 7908. Nature of rights; subordination of interests.

§ 7908. Nature of rights; subordination of interests. (a) The interest of a holder is an interest in real property. The rights of the Department under this subchapter or under an approved environmental covenant, other than as a holder, are not interests in real property. (b) The Department is bound by the obligations it assumes in an environmental covenant, but the Department does not assume obligations merely by approving an environmental covenant. (c) The following rules apply to interests in real property in existence at the time an environmental covenant is created or amended:  (1) A prior interest is not affected by an environmental covenant unless the owner of the interest is a party to the covenant or subordinates its interest to the covenant. (2) This act does not require an owner of a prior interest to subordinate that interest to an environmental covenant or to agree to be bound by the covenant. (3) A subordination agreement may be contained in an environmental covenant covering real property or in a separate record or, if the environmental covenant covers commonly owned property in a common interest community, in a record signed by any person authorized by the governing board of the owners' association. (4) An agreement by a person to subordinate a prior interest to an environmental covenant affects the priority of that person's interest but does not by itself impose any affirmative obligation on the person with respect to the environmental covenant.75 Del. Laws, c. 206, §  1;
7 DE Code § 7909. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 79. Environmental Permit Application Background Statement|Subchapter II. Uniform Environmental Covenants Act|§ 7909. Contents of environmental covenant.

§ 7909. Contents of environmental covenant. (a) An environmental covenant must:  (1) State that the instrument is an environmental covenant executed pursuant to this subchapter. (2) Contain a legally sufficient description of the real property subject to the covenant; (3) Describe the activity and use limitations on the real property; (4) Identify the holder which may be an owner or agency; (5) Be signed by the Department, all owners of the real property subject to the covenant and the holders with the formalities for a deed; and (6) Identify the name and location of any administrative record for the environmental response project reflected in the environmental covenant. (b) In addition to the information required by subsection (a) of this section, an environmental covenant may contain other information, restrictions, and requirements agreed to by the persons who signed it, including any:  (1) Requirements for notice following transfer of a specified interest in, or concerning proposed changes in use, applications for building permits, or proposals for any site work affecting the contamination on, the property subject to the covenant; (2) Requirements for periodic reporting describing compliance with the covenant; (3) Rights of access to the property granted in connection with implementation or enforcement of the covenant; (4) A brief narrative description of the contamination and remedy, including the contaminants of concern, the pathways of exposure, limits on exposure, and the location and extent of the contamination; (5) Restriction or limitation on amendment or termination of the covenant in addition to those contained in §§ 7913 and 7914 of this title; and (6) Rights of the holder in addition to its right to enforce the covenant pursuant to § 7915(c) of this title. The Department may refuse to sign an environmental covenant for any reason. 75 Del. Laws, c. 206, §  1;
7 DE Code § 7910. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 79. Environmental Permit Application Background Statement|Subchapter II. Uniform Environmental Covenants Act|§ 7910. Validity.

§ 7910. Validity. (a) An environmental covenant that complies with this subchapter runs with the land. (b) An environmental covenant that is otherwise effective is valid and enforceable even if:  (1) It is not appurtenant to an interest in real property; (2) It can be or has been assigned to a person other than the original holder; (3) It is not of a character that has been recognized traditionally at common law; (4) It imposes a negative burden; (5) It imposes an affirmative obligation on any person having an interest in the real property or on the holder; (6) The benefit or burden does not touch or concern real property; (7) There is no privity of estate or contract; (8) The holder dies, ceases to exist, resigns, or is replaced; or (9) The persons identified as owner and holders in the environmental covenant are the same person. (c) An instrument that creates activity and use limitations designed to protect human health or the environment and that was agreed to before July 21, 2005, is not invalid or unenforceable by reason of any of the limitations on enforcement of interests described in subsection (b) of this section or because it was identified as an easement, servitude, deed restriction, or other interest. This subchapter does not apply in any other respect to such an instrument. (d) This subchapter does not invalidate or render unenforceable any interest, whether designated as an environmental covenant or other interest that is otherwise enforceable under the law of this state. 75 Del. Laws, c. 206, §  1;
7 DE Code § 7911. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 79. Environmental Permit Application Background Statement|Subchapter II. Uniform Environmental Covenants Act|§ 7911. Relationship to other land use law.

§ 7911. Relationship to other land use law. This subchapter does not authorize a use of real property that is otherwise prohibited by zoning or by law other than this subchapter regulating use of real property, or by a recorded instrument that has priority over the environmental covenant. An environmental covenant may prohibit or restrict uses of real property which are authorized by zoning or by law other than this subchapter. 75 Del. Laws, c. 206, §  1;
7 DE Code § 7912. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 79. Environmental Permit Application Background Statement|Subchapter II. Uniform Environmental Covenants Act|§ 7912. Notice.

§ 7912. Notice. (a) The owner or another person designated by the Department shall provide a copy of a signed environmental covenant as required by the Department to:  (1) All persons who signed the covenant; (2) All persons holding a recorded interest in the real property subject to the covenant; (3) All persons in possession of the real property subject to the covenant; (4) Each municipality or other unit of local government in which real property subject to the covenant is located; and (5) Any other persons the Department requires. (b) Failure to provide a copy of the covenant as required by the Department does not affect the covenant's validity. 75 Del. Laws, c. 206, §  1;
7 DE Code § 7913. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 79. Environmental Permit Application Background Statement|Subchapter II. Uniform Environmental Covenants Act|§ 7913. Recording.

§ 7913. Recording. (a) An environmental covenant and any amendment or termination of the covenant must be recorded in every county in which any portion of the real property subject to the covenant is located. A recorded environmental covenant or a notice recorded pursuant to § 7914 of this title must be indexed in the grantor's index in the names of the owners of the real property subject to the covenant and in the grantee's index in the name of the holder. (b) Except as otherwise provided in § 7908(c) of this title, an environmental covenant is subject to the laws of this state governing recording and priority of interests in real property. Recording of a covenant pursuant to the law of this state provides the same constructive notice of the covenant as the recording of a deed provides of an interest in real property. 75 Del. Laws, c. 206, §  1;