reglab/housing_qa huggingface dataset:
7 DE Code § 7709. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 77. Extremely Hazardous Substances Risk Management Act|§ 7709. Risk management program.

§ 7709. Risk management program. (a) The Department shall adopt, pursuant to § 7706 of this title, regulations stating the critical provisions of a risk management program. The provisions will include, but not be limited to:  (1) Design standards review. (2) Modification control and documentation of equipment and procedural changes. (3) Hazard review of all processes and equipment associated with EHS with an emphasis on preventing, avoiding, minimizing and containing extreme risks. (4) Operating instructions. (5) Maintenance and inspection procedures and requirements for all equipment in extremely hazardous substance services. (6) Operator training program with a means of determining proficiency. (7) Incident investigation procedures and remedial action requirement. (8) Inspection and auditing requirements. Compliance with each of these provisions must be documented by written records. Each of these provisions shall be updated as required. (b) All persons with an actual quantity of an EHS that is equal to or exceeds the threshold quantity must implement a risk management program appropriate to the facility risk. Facilities built or modified on or after June 21, 1999, that have a process containing an EHS; or existing facilities implementing a new process containing an EHS; or existing facilities introducing a new EHS into an existing process, must implement a risk management program appropriate to the facility risk prior to introduction of the EHS to the process. (c) Responsible person(s) are required to certify to the Department that a risk management program that meets Department criteria is in place at the facility. The certification statement that is part of the federal RMP facility submission may act to fulfill this requirement. The risk management program shall be available to the Department for review at each facility at scheduled inspections. 66 Del. Laws, c. 417, §  1;  70 Del. Laws, c. 239, §  1;  71 Del. Laws, c. 308, §  1;
7 DE Code § 7711. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 77. Extremely Hazardous Substances Risk Management Act|§ 7711. Notification requirements.

§ 7711. Notification requirements. Construction and operating permits shall be granted by state agencies for facilities and equipment involving extremely hazardous substances regulated under this chapter only after notification by those agencies to the Department and written confirmation by any person involved that the permit applicant has been notified of the requirements of this chapter and its regulations. 66 Del. Laws, c. 417, §  1;  71 Del. Laws, c. 308, §  1;
7 DE Code § 7712. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 77. Extremely Hazardous Substances Risk Management Act|§ 7712. Information program.

§ 7712. Information program. (a) The Department, assisted by the Division of Public Health of the Department of Health and Social Services and the Department of Safety and Homeland Security shall prepare and implement an information program designed to inform the general public, local public officials and the business community about the requirements of this chapter and regulations adopted thereto, about the health risks of accidental releases of extremely hazardous substances and about means available to minimize the chances of accidental catastrophic releases of such substances. (b) The information program shall include information about current risk management programs of industrial companies and business establishments in Delaware as well as emergency plans, public and private, to protect the public in cases of catastrophic accidental releases of extremely hazardous substances. The Department may cooperate with other groups for purposes of this program. 66 Del. Laws, c. 417, §  1;  69 Del. Laws, c. 458, §  1;  71 Del. Laws, c. 308, §  1;  74 Del. Laws, c. 110, §  138;  81 Del. Laws, c. 49, § 9;  81 Del. Laws, c. 374, § 38;
7 DE Code § 7713. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 77. Extremely Hazardous Substances Risk Management Act|§ 7713. Fees.

§ 7713. Fees. (a) The Department is authorized to charge and collect fees from persons with extremely hazardous substances pursuant to §§ 7707 and 7709 of this title. Fees shall be a minimum of $500 per year for the first whole unit and $25 per year for each additional unit to a maximum of 300 units. (b) The Department may assess a fee to cover additional actual costs to the Department for any facility whose submitted RMP or whose risk management program records that are made available during inspection are inaccurate or incomplete to the extent that the RMP and/or inspection of the facility cannot be accomplished within a reasonable time. The Department shall include documentation with the assessment of its findings or condition of the records on which the assessment is based. (c) All fees collected under this section are hereby appropriated to the Department for its use for the purposes of this chapter. 66 Del. Laws, c. 417, §  1;  68 Del. Laws, c. 86, §  10;  71 Del. Laws, c. 308, §  1;
7 DE Code § 7714. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 77. Extremely Hazardous Substances Risk Management Act|§ 7714. Violations and penalties.

§ 7714. Violations and penalties. (a) Whoever violates this chapter or any rule or regulation duly promulgated thereunder, shall be punishable by a civil penalty imposed by Superior Court of not less than $1,000 nor more than $10,000 per day per violation. In addition, the Secretary may seek injunctive or other relief in Chancery Court. (b) (1) In the Secretary's discretion, the Secretary may impose an administrative penalty of up to $10,000 per day of violation whenever the Secretary determines that any person has failed to submit a complete risk management plan as required by § 7708 of this title or does not have a substantially complete risk management program in place as required by § 7709 of this title or does not comply with any provision of this chapter or rule or regulation duly promulgated thereunder. The Secretary may order those operations that present a real and imminent hazard to cease, after notification to the responsible person(s). (2) Prior to assessment of an administrative penalty, written notice of the Secretary's proposal to impose such a penalty shall be given to the responsible person(s), and the responsible person(s) shall have 30 days from receipt of the notice to request a public hearing. Any public hearing, right of appeal and judicial appeal shall be conducted pursuant to § 7716 of this title. The amount of the administrative penalty shall be determined based on the nature, circumstances, extent and gravity of the violation or violations, and such other matters as justice may require. (3) In the event of nonpayment of the administrative penalty after all legal appeals have been exhausted, a civil action may be brought by the Secretary in a court of competent jurisdiction for the collection of the administrative penalty, including interest, attorney's fees and costs. The validity and appropriateness of such administrative penalty shall not be subject to review. (c) Any person who knowingly violates any applicable requirement of this chapter or of a risk management program or any person who knowingly makes a false statement, representation or certification in any application, record, report, plan or other document filed or required to be maintained under this chapter, or under any rule, regulation or order issued under this chapter, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required to be maintained under this chapter, shall upon conviction be subject to a criminal fine of not more than $25,000 per day per violation, or imprisonment for 1 year, or both. The Superior Court shall have jurisdiction of offenses under this subsection. The Secretary may order those operations that pose a hazard to the public to cease. (d) Any expenses or civil or administrative penalties collected by the Department under this section are hereby appropriated to the Department to carry out the purposes of this chapter. 66 Del. Laws, c. 417, §  1;  71 Del. Laws, c. 308, §  1;  72 Del. Laws, c. 96, §  1;
7 DE Code § 7715. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 77. Extremely Hazardous Substances Risk Management Act|§ 7715. Hearings.

§ 7715. Hearings. Any public hearing held by the Secretary pursuant to this chapter shall be held in accordance with § 6006 of this title, as well as any additional notice and hearing requirements the Secretary has adopted by regulation. 66 Del. Laws, c. 417, §  1;  71 Del. Laws, c. 308, §  1;
7 DE Code § 7716. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 77. Extremely Hazardous Substances Risk Management Act|§ 7716. Appeals.

§ 7716. Appeals. (a) Any person or persons 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 persons, jointly or severally, or any taxpayer, or any officer, department, board or bureau of the State, aggrieved by any decision of the Environmental Appeals Board, may appeal to the Superior Court in accordance with § 6009 of this title. 66 Del. Laws, c. 417, §  1;  71 Del. Laws, c. 308, §  1;
7 DE Code § 7717. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 77. Extremely Hazardous Substances Risk Management Act|§ 7717. Inconsistent laws superseded.

§ 7717. Inconsistent laws superseded. All laws or regulations inconsistent with any provision of this chapter are hereby superseded to the extent of the inconsistency; provided however, that rights of a person or persons to recover damages shall not be affected by this chapter. 71 Del. Laws, c. 308, §  1;
7 DE Code § 7801. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 78. Pollution Prevention Act|§ 7801. Short title.

§ 7801. Short title. This chapter shall be known and may be cited as the “Pollution Prevention Act.” 67 Del. Laws, c. 361, §  1;  70 Del. Laws, c. 499, §  1;
7 DE Code § 7802. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 78. Pollution Prevention Act|§ 7802. Findings and purpose.

§ 7802. Findings and purpose. (a) The General Assembly finds that:  (1) Whenever possible, the generation of waste should be reduced or eliminated as expeditiously as possible, and that waste that is generated should be recovered, reused, recycled, treated or disposed of in a manner that minimizes any present or future threats to human health or the environment; (2) There may exist many promising technologies for the reduced generation of waste, for recovery, reuse, recycling and treatment of waste; and (3) Financial commitments by public agencies and private industry for the expeditious development and implementation of waste reduction, recovery, reuse, recycling and treatment technologies depends upon further research as well as credible and timely demonstrations of economic viability, technical feasibility, environmental acceptability and reliability of this technology. (b) Therefore the General Assembly declares:  (1) The purposes of this chapter are to enhance the protection of human health and the environment, and to establish a multi-media Pollution Prevention Program which will demonstrate and facilitate the potential for pollution prevention and waste minimization in Delaware through focusing on the following objectives:  a. Targeting industries and locations for technical assistance; and b. Providing pollution prevention, education and outreach; and (2) That it is the policy of this State, in concurrence with the Delaware Environmental Legacy Report, that waste that is generated should be, in order of priority, reduced at its source, recovered, reused, recycled, treated or disposed of so as to minimize the present and future threat to human health and the environment. (c) It is the intent of this chapter to complement and be enforced in conjunction with other laws. 67 Del. Laws, c. 361, §  1;  70 Del. Laws, c. 499, §§  2, 3;
7 DE Code § 7803. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 78. Pollution Prevention Act|§ 7803. Definitions.

§ 7803. Definitions. As used in this chapter:  (1) “Department” means the Department of Natural Resources and Environmental Control. (2) “Implementation Committee” means the Pollution Prevention Implementation Committee. (3) “Multi-media” means all environmental media including, but not limited to, workplaces within facilities, water, land and air. (4) “Person” means any individual, trust, firm, joint stock company, federal agency, corporation (including a government corporation), partnership, association, state, municipality, commission, political subdivision of a state or any interstate body. (5) “Pollution prevention” means any practice which:  a. Reduces the amount of any hazardous substance, pollutant or contaminant entering any waste stream or otherwise released into the environment (including fugitive emissions) prior to recycling, treatment or disposal; and b. Reduces the hazards to public health and the environment associated with the release of such substances, pollutants or contaminants. The term includes equipment or technology modifications, process or procedure modifications, reformulation or redesign of products, substitution of raw materials and improvements in housekeeping, maintenance, training or inventory control. The term “pollution prevention” does not include any practice which alters the physical, chemical or biological characteristics of the volume of a hazardous substance, pollutant or contaminant through a process or activity which itself is not integral to and necessary for the production of a product or the providing of a service. (6) “Secretary” means the Secretary of the referenced state department or a duly authorized designee. (7) “Trade secret” means any information concerning production processes employed or substances manufactured, processed or otherwise used within a facility which the Secretary of the Department has determined to be propriety information. (8) “Waste” means, but is not limited to, those substances defined as such under Delaware Codes, or the regulations promulgated thereunder: air pollution as defined in § 6002 of this title; hazardous waste as defined in § 6302 of this title; industrial waste as defined in § 6002 of this title; liquid waste as defined in § 6002 of this title; other wastes as defined in § 6002 of this title; refuse as defined in § 6002 of this title; rubbish as defined in § 6002 of this title; sewage as defined in § 6002 of this title; and solid waste as defined in § 6002 of this title.67 Del. Laws, c. 361, §  1;  70 Del. Laws, c. 499, §§  2, 4;
7 DE Code § 7805. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 78. Pollution Prevention Act|§ 7805. Trade secret protection.

§ 7805. Trade secret protection. All trade secret information, written, verbal or observed, obtained pursuant to this chapter by the Department or any other state agency will be held as confidential unless such information is already a matter of public record or disclosure is required by law. Nothing in this section shall be construed as limiting the disclosure of information by the Department to any officer, employee or authorized representative of the state or federal government concerned with effecting this chapter. Prior to disclosure of trade secret information to an authorized representative who is not an officer or employee of the state or federal government, the person providing the trade secret information may require the representative to sign an agreement prohibiting disclosure of such information to anyone not authorized by this chapter or the terms of the agreement. Such agreement shall not preclude disclosure by the representative to any state or federal government officer or employee concerned with effecting this chapter. Any person who, by virtue of obtaining access to confidential trade secret information and knowing that disclosure is prohibited, knowingly and wilfully discloses the information to any person not entitled to receive it shall be in violation of this chapter and subject to disciplinary actions provided by the Merit Rules, including dismissal. 67 Del. Laws, c. 361, §  1;
7 DE Code § 8002. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 80. Appalachian States Low-Level Radioactive Waste Compact|§ 8002. Governor's representatives.

§ 8002. Governor's representatives. (a) The Governor shall, in accordance with this Compact, appoint 2 Commissioners familiar with the problems inherent in the disposal of low-level radioactive waste to represent the State of Delaware on the Appalachian States Low-Level Radioactive Waste Commission. The Governor shall also appoint 2 alternate Commissioners to serve in the respective place of the 2 original Commissioners, should a Commissioner be unable to attend a Commission meeting or otherwise fulfill the duties of their appointed office. The Commissioners and respective alternates shall serve 4-year terms. (b) The Governor's representatives shall serve without compensation but shall be reimbursed for necessary expenses incurred in and incident to the performance of their duties from a fund specifically reserved for the purpose by the State. 65 Del. Laws, c. 244, §  2;  68 Del. Laws, c. 248, §§  1, 2;
7 DE Code § 8003. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 80. Appalachian States Low-Level Radioactive Waste Compact|§ 8003. Budgetary processes.

§ 8003. Budgetary processes. The term “budgetary processes” in Article 2(C)(2) of the Appalachian States Low-Level Radioactive Waste Compact shall be construed to include a proposed budget presentation to the State Budget Director by the state's representatives on the Appalachian States Low-Level Radioactive Waste Commission, or the appropriate state agency, for each state fiscal year, in accordance with the rules and practices of the state governing administrative agencies. Each such budget proposal shall include a statement of moneys required to administer, manage and support the implementation of the Appalachian States Low-Level Radioactive Waste Compact during the ensuing fiscal period. The statement shall include any request for appropriation of funds by said representatives or state agency, and shall be accompanied by a tabulation of similar requests which said Commission makes or expects to make each other signatory party, and the formula or factors upon which such respective requests are based. Further, the term “budgetary processes” as applied to the State, shall not be considered complied with until it includes appropriation by the General Assembly and the signing of the appropriation into law by the Governor. 65 Del. Laws, c. 244, §  2;
7 DE Code § 8004. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 80. Appalachian States Low-Level Radioactive Waste Compact|§ 8004. Effectuation by Governor.

§ 8004. Effectuation by Governor. The Governor is authorized to take such action as may be necessary and proper in the Governor's discretion to effectuate the Appalachian States Low-Level Radioactive Waste Compact and the initial organization and continued operation of the Commission. 65 Del. Laws, c. 244, §  2;  70 Del. Laws, c. 186, §  1;
7 DE Code § 8005. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 80. Appalachian States Low-Level Radioactive Waste Compact|§ 8005. Low-level radioactive waste surcharge rebates.

§ 8005. Low-level radioactive waste surcharge rebates. Authority is given to Delaware's Appalachian States Low-Level Radioactive Waste Compact Commissioners to approve the disbursement of funds from the Low-Level Radioactive Waste Surcharge Escrow Account established by the U.S. Department of Energy. These funds can only be used to:  (1) Establish low-level radioactive waste disposal facilities; (2) Mitigate the impact of low-level radioactive waste disposal facilities on the host state; (3) Regulate low-level radioactive waste disposal facilities; or (4) Ensure the decommissioning, closure and care during the period of institutional control of low-level radioactive waste disposal facilities as stipulated by the Low-Level Radioactive Waste Policy Amendments Act [42 U.S.C. § 2021b et seq.].67 Del. Laws, c. 375, §  1;
7 DE Code § 9202. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 92. Transfer or Closure of Chemical or Hazardous Substance Establishments [Effective Upon Promulgation of Regulations by the Secretary Pursuant to § 9203(c@*bold@*) of This Title]@*end@*|§ 9202. Transfer of an establishment; filing procedures [Effective upon promulgation of regulations by the Secretary pursuant to § 9203(c) of this title].

§ 9202. Transfer of an establishment; filing procedures [Effective upon promulgation of regulations by the Secretary pursuant to § 9203(c) of this title]. (a) A person may not transfer an establishment except in accordance with the provisions of this chapter. (b) Prior to the transfer of an establishment, the transferor(s) or the transferee(s) shall conduct all appropriate inquiry, pursuant to the standards set forth in the provisions and regulations pursuant to § 9105 of this title. (c) Prior to the transfer of an establishment, the transferor(s) or the transferee(s) must submit to the Secretary and the transferor(s) and transferee(s), all documents prepared or identified pursuant to subsection (b) of this section above. (d) Nothing contained in this chapter may be construed to enlarge, abridge, diminish or create an innocent-landowner defense pursuant to § 9105(c)(2) of this title. (e) Failure of the Secretary to notify a party in accordance with the provisions of this chapter does not constitute a waiver and does not limit the authority of the Secretary to enforce the provisions of this chapter. 76 Del. Laws, c. 220, §  1;
7 DE Code § 9203. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 92. Transfer or Closure of Chemical or Hazardous Substance Establishments [Effective Upon Promulgation of Regulations by the Secretary Pursuant to § 9203(c@*bold@*) of This Title]@*end@*|§ 9203. Authority of the Secretary; regulations; effective date [Effective upon promulgation of regulations by the Secretary pursuant to subsection (c) of this section].

§ 9203. Authority of the Secretary; regulations; effective date [Effective upon promulgation of regulations by the Secretary pursuant to subsection (c) of this section]. (a) The provisions of this chapter do not affect the authority of the Secretary under any other statute or regulation to issue any order to the transferor(s) or transferee(s) of an establishment. (b) The Secretary may adopt regulations to implement the provisions of this chapter. (c) The provisions of this chapter shall become effective upon promulgation of regulations adopted pursuant to this chapter. 76 Del. Laws, c. 220, §  1;
7 DE Code § 9204. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 92. Transfer or Closure of Chemical or Hazardous Substance Establishments [Effective Upon Promulgation of Regulations by the Secretary Pursuant to § 9203(c@*bold@*) of This Title]@*end@*|§ 9204. Enforcement [Effective upon promulgation of regulations by the Secretary pursuant to § 9203(c) of this title].

§ 9204. Enforcement [Effective upon promulgation of regulations by the Secretary pursuant to § 9203(c) of this title]. The Secretary may issue an order or file a civil action in Superior Court pursuant to § 6005 of this title against any person who fails to comply with any provision of this chapter. The Secretary may also bring an action in the Court of Chancery to enjoin the transfer of an establishment by a person who fails to comply with § 9202 of this title or to compel the establishment to provide financial assurance pursuant to § 9206 of this title. 76 Del. Laws, c. 220, §  1;