reglab/housing_qa huggingface dataset:
7 DE Code § 7403A. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 74A. The Jeffrey Davis Aboveground Storage Tank Act|§ 7403A. Referenced standards.

§ 7403A. Referenced standards. (a) The Department shall study and consider the recommendations and standard procedures of the following organizations in developing the regulations required by this chapter:  (1) The National Fire Protection Association (NFPA); (2) The American Petroleum Institute (API); (3) The National Association of Corrosion Engineers (NACE); (4) The Underwriters Laboratories (UL); (5) The American Society for Testing and Materials (ASTM); (6) The Petroleum Equipment Institute (PEI); (7) The Steel Tank Institute (STI); and (8) Any other organization that has similar standards and has been determined by the Secretary to be relevant and appropriate. (b) Owners and installers are strictly liable for any failure to install any new aboveground storage tank in accordance with the standards of this chapter and regulations promulgated pursuant to this chapter. Aboveground storage tanks shall be installed in accordance with the standards of this chapter and regulations promulgated by the Department. 73 Del. Laws, c. 366, §  1;
7 DE Code § 7404A. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 74A. The Jeffrey Davis Aboveground Storage Tank Act|§ 7404A. Exemptions.

§ 7404A. Exemptions. (a) The following classes of aboveground storage tanks are exempt from this chapter, with the exception of the application of §§ 7402A, 7406A, and 7410A of this title:  (1) Aboveground storage tanks of 1,100 gallons or less in capacity located on a farm and used solely to facilitate the production of crops, livestock or livestock products on the farm; (2) Aboveground storage tanks used solely to store propane gas; (3) Aboveground storage tanks of 1,100 gallons or less in capacity used solely to store heating fuel for consumptive use on the premises where stored; (4) Aboveground storage tanks of 1,100 gallons or less in capacity used solely to store motor fuel or motor oil for noncommercial purposes; (5) Aboveground storage tanks installed on a temporary basis, not to exceed 6 months; (6) Aboveground storage tanks excluded by regulations promulgated pursuant to this chapter; (7) Aboveground storage tanks regulated pursuant to Chapter 74B of this title; and (8) Aboveground storage tanks and associated equipment regulated as a part of a process regulated pursuant to Chapter 77 of this title. (b) All aboveground storage tanks greater than 250 gallons and less than 12,499 gallons are exempt from this chapter, with the exception of §§ 7402A, 7405A, 7406A, 7410A and 7415A of this title. (c) All aboveground storage tanks used solely to store diesel, kerosene or heating fuel with a capacity of less than 20,000 gallons are exempt from this chapter, with the exception of §§ 7402A, 7405A, 7406A, and 7410A of this title. (d) All aboveground storage tanks used solely to store diesel, kerosene or heating fuel with a capacity of greater than 19,999 gallons and less than 40,000 gallons are exempt from this chapter, with the exception of §§ 7402A, 7405A, 7406A, 7410A and 7415A of this title. 73 Del. Laws, c. 366, §  1;  74 Del. Laws, c. 406, §§  1-4;  78 Del. Laws, c. 127, §  8;
7 DE Code § 7405A. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 74A. The Jeffrey Davis Aboveground Storage Tank Act|§ 7405A. Registration by owner.

§ 7405A. Registration by owner. The owner shall register all aboveground storage tanks with the Department on forms provided by the Department. Such registration must specify the date of tank installation, location, type of construction, type of substance to be stored, the size of the tank, the material of construction and the owner and operator's name, at a minimum. The owner must register on the following schedule:  (1) For a new aboveground storage tank, the form must be received by the Department at least 60 days prior to installation. (2) For an existing aboveground storage tank, whether or not in service or out of service, the form must be received by the Department within 60 days of July 8, 2002.73 Del. Laws, c. 366, §  1;
7 DE Code § 7407A. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 74A. The Jeffrey Davis Aboveground Storage Tank Act|§ 7407A. Tank performance standards; release detection, prevention and correction regulations.

§ 7407A. Tank performance standards; release detection, prevention and correction regulations. (a) The Department, after notice and opportunity for public comment and within 24 months after July 8, 2002, shall promulgate tank performance standards, corrective action regulations and other appropriate regulations necessary and desirable to effectuate the purposes of this chapter. (b) The Department's standards and regulations must, at a minimum, include the following provisions:  (1) A requirement that a product inventory system or other similar control system, adequate to identify releases from aboveground storage tanks, be maintained; (2) Procedures to follow when the product inventory system records or other similar control system records indicate an abnormal loss or gain of a regulated substance which is not explainable by spillage, temperature variations or other known causes; (3) A requirement that appropriate corrective action be taken in response to a release from an aboveground storage tank as may be necessary to protect human health and the environment; (4) A requirement to maintain records documenting actions taken in accordance with paragraphs (b)(1) through (3) of this section; (5) A requirement for an enforcement program; (6) A requirement for standards that will ensure against any future release from an aboveground storage tank being taken out of service or subsequently reintroduced into service; and (7) A requirement for appropriate inspection, maintenance, monitoring and repair of aboveground storage tanks and associated equipment. The inspection and monitoring requirements shall require, at a minimum, an inspection report whenever a tank is emptied for maintenance or repair or removed from service. Such reports shall include, but not be limited to, the following information:  a. The structural and material thickness of the tanks; b. The repairs needed; c. A completion report for the repairs; and d. For newly constructed aboveground storage tanks, a report including the welding procedures, welding certification reports, and any nondestructive testing performed on the aboveground storage tank prior to placing the tank into service. All reports shall be submitted to the Department and shall be kept on file by the owner for the life of the aboveground storage tank. Should any aboveground storage tank have a change of ownership, all reports shall be provided to and maintained by all future owners.73 Del. Laws, c. 366, §  1;
7 DE Code § 7408A. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 74A. The Jeffrey Davis Aboveground Storage Tank Act|§ 7408A. Inspection and monitoring.

§ 7408A. Inspection and monitoring. (a) For the purpose of developing or assisting in the development of a standard or regulation or of enforcement of this chapter, an owner and operator shall, upon the request of an officer or employee of the State duly designated by the Secretary of the Department, furnish information relating to the tank and/or its contents and shall permit the designated officer or employee at all reasonable times to have access to and to copy all records relating to the tank and/or its contents and to conduct monitoring or require remediation activities, pursuant to § 7406A of this title, which the designated officer or employee deems necessary. For the purpose of developing or assisting in the development of a standard or regulation or of enforcement of this chapter, the designated officer or employee is authorized to:  (1) Enter at reasonable times the facility or other place where an aboveground storage tank or its records are located. The owner and/or operators shall permit unannounced inspections of tanks pursuant to this subsection; and (2) Inspect and obtain samples from any person of regulated substances and to conduct monitoring of tanks, contents or surrounding soils, water and/or air. An inspection must be commenced and completed with reasonable promptness. (b) In providing data under this chapter, a person required to provide data may:  (1) Designate the data which the owner or operator of the facility or tank believes constitutes trade secrets and commercial or financial information which the owner or operator believes is of a privileged or confidential nature, and the reasons for such belief; and (2) Submit the designated secret, privileged or confidential data separately from other data submitted under this chapter, provided that the secret, privileged or confidential data qualifies to be withheld as a nonpublic record in accordance with provisions and regulations of Chapter 100 of Title 29.73 Del. Laws, c. 366, §  1;
7 DE Code § 7409A. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 74A. The Jeffrey Davis Aboveground Storage Tank Act|§ 7409A. Financial responsibility.

§ 7409A. Financial responsibility. The Department shall promulgate regulations containing requirements for maintaining evidence of financial responsibility as deemed necessary and desirable for taking reasonable corrective action for property damage and bodily injury caused by accidental release arising from operating an aboveground storage tank. Evidence of financial responsibility may include, but not be limited to, insurance, guarantee, surety bond, letter of credit, proof of assets, or qualification as a self-insurer. In promulgating regulations under this section, the Department is authorized to specify policy or other contractual terms, conditions or defenses which are necessary or are unacceptable in establishing evidence of financial responsibility in order to effectuate the purposes of this section. 73 Del. Laws, c. 366, §  1;
7 DE Code § 7410A. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 74A. The Jeffrey Davis Aboveground Storage Tank Act|§ 7410A. Enforcement.

§ 7410A. Enforcement. This chapter is subject to enforcement pursuant to Chapter 60 and § 7906 of this title. 73 Del. Laws, c. 366, §  1;
7 DE Code § 7411A. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 74A. The Jeffrey Davis Aboveground Storage Tank Act|§ 7411A. Appeals.

§ 7411A. Appeals. (a) A person whose interest is substantially affected by an action of the Department pursuant to a provision of this chapter or the regulations promulgated under this chapter may appeal to the Environmental Appeals Board in accordance with § 6008 of this title. (b) Appeals from a decision of the Environmental Appeals Board may be taken in accordance with § 6009 of this title. 73 Del. Laws, c. 366, §  1;
7 DE Code § 7412A. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 74A. The Jeffrey Davis Aboveground Storage Tank Act|§ 7412A. Variances.

§ 7412A. Variances. Permanent variances, temporary variances and temporary emergency variances may be granted by the Department from any regulation adopted pursuant to this chapter, in accordance with §§ 6011 and 6012 of this title. 73 Del. Laws, c. 366, §  1;
7 DE Code § 7413A. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 74A. The Jeffrey Davis Aboveground Storage Tank Act|§ 7413A. Aboveground storage tank registration fee.

§ 7413A. Aboveground storage tank registration fee. (a) Owners and operators must pay to the Department an annual per-tank registration fee. The fee is effective on July 1, 2002, with 6 months of fees due by October 1, 2002, and on or before February 1 of each calendar year thereafter. The fee is based on the schedule below. A registration fee not received by the Department by October 1, 2002, or by February 1 thereafter is subject to a late charge of 10% of the total fee.  Registration Fee Schedule   Tank Size   Yearly Fee  12,499 — 39,999 gallons  $300 40,000 gallons and greater  $750  These fees shall only be changed or amended with the prior approval of the General Assembly. (b) The aboveground storage tank registration fee established in subsection (a) of this section must be used by the Department solely for the purpose of administering Chapters 74, 74A, and 74B of this title as well as the regulations of the Department promulgated under said chapters. (c) The aboveground storage tank registration fee established in subsection (a) of this section must be credited to a dedicated administration fund established in the accounts of the State Treasurer. Money remaining in the fund at the end of the fiscal year does not revert to the General Fund, but remains in the dedicated administration fund. The fund must be maintained in a separate interest-bearing account and be administered by the Department. An accounting of moneys received and disbursed by the fund must be provided annually to the Governor and the General Assembly. 73 Del. Laws, c. 366, §  1;  78 Del. Laws, c. 127, §  9;
7 DE Code § 7414A. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 74A. The Jeffrey Davis Aboveground Storage Tank Act|§ 7414A. Aboveground storage tank construction permit fee.

§ 7414A. Aboveground storage tank construction permit fee. (a) The Department shall assess a 1-time construction permit fee based on the schedule below for an aboveground storage tank constructed after the effective date of the regulations promulgated pursuant to § 7407A of this chapter.  Construction Fee Schedule    Tank Size   Construction Permit Fee  12,499 — 39,999 gallons  $1,500 40,000 gallons and greater  $3,750  These fees shall only be changed or amended with the prior approval of the General Assembly.  (b) Any person required to pay a fee under Chapter 66 of Title 16 to the State Fire Marshal related to an aboveground storage tank shall receive a 10% reduction in the construction permit fee. (c) The construction permit fee established in subsection (a) of this section must be used by the Department solely for the purpose of administering this chapter and the regulations of the Department promulgated under this chapter. (d) The construction permit fee established in subsection (a) of this section must be credited to a dedicated administration fund established in the accounts of the State Treasurer. Money remaining in the fund at the end of the fiscal year does not revert to the General Fund, but remains in the dedicated administration fund. The fund must be maintained in a separate interest-bearing account and be administered by the Department. An accounting of moneys received and disbursed by the fund must be provided annually to the Governor and the General Assembly. 73 Del. Laws, c. 366, §  1;
7 DE Code § 7415A. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 74A. The Jeffrey Davis Aboveground Storage Tank Act|§ 7415A. Required signage.

§ 7415A. Required signage. Every aboveground storage tank shall have prominently posted thereupon the contents of the tank and the hazards, if any, associated with the contents. If the tank is empty the signage shall so state. For the purposes of this section “prominently posted” and the requirements for labeling shall be specified in the regulations promulgated pursuant to this chapter. 73 Del. Laws, c. 366, §  1;
7 DE Code § 7417A. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 74A. The Jeffrey Davis Aboveground Storage Tank Act|§ 7417A. Short title.

§ 7417A. Short title. This chapter may be referred to as the “Jeffrey Davis Act,” in memory of Jeffrey Davis. 73 Del. Laws, c. 366, §  1;  79 Del. Laws, c. 69, §  3;
7 DE Code § 7418A. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 74A. The Jeffrey Davis Aboveground Storage Tank Act|§ 7418A. Use of Hazardous Substance Cleanup Act funds.

§ 7418A. Use of Hazardous Substance Cleanup Act funds. The Department may use funding from the Hazardous Substance Cleanup Fund, as established by § 9113 of this title, to support the implementation of this chapter, including but not limited to any of the following purposes:  (1) Preventing releases from aboveground storage tanks;  (2) Rendering an aboveground tank empty if an indication of a release is found, or if the aboveground storage tank has been out-of-service for over 18 months;  (3) Performing an out-of-service site assessment if the owner or operator fails to do so; (4) Providing financial assistance to remove aboveground storage tanks that are less than 1100 gallons that contain heating fuel and investigate releases from these tanks and conduct corrective actions as necessary; or  (5) Investigating the nature and extent of a release from any type of aboveground storage tank, and performing necessary corrective actions to minimize degradation of groundwater and to protect human health and the environment. 80 Del. Laws, c. 306, § 1;
7 DE Code § 7419A. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 74A. The Jeffrey Davis Aboveground Storage Tank Act|§ 7419A. Applicability of Brownfields Development Program.

§ 7419A. Applicability of Brownfields Development Program. A person approved as a brownfields developer who enters into a Brownfields Development Agreement with the Secretary pursuant to the provisions of Chapter 91 of this title, is not liable for any release or imminent threat of release of regulated substances existing at the facility when the Brownfields Development Agreement is entered into. The person is also not liable for any corrective actions or for the costs of any corrective actions incurred by the State or any other person upon the signing of the Brownfields Development Agreement provided that all of the following conditions are met:  (1) The person did not cause or contribute to the release from an aboveground storage tank, and is not liable or required to take measures for the prompt control, containment, and removal of a released regulated substance from an aboveground storage tank regulated under this chapter. (2) The person proposes to conduct investigations at the facility where the release occurred. (3) The person agrees to comply with the provisions of the Brownfields Development Program as well as all other applicable laws, regulations, guidance, and directives of the Department related thereto.82 Del. Laws, c. 161, § 2;
7 DE Code § 7404B. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 74B. Boiler Safety Program|§ 7404B. Council on Boiler Safety.

§ 7404B. Council on Boiler Safety. (a) There is established the Council on Boiler Safety. (b) The Council on Boiler Safety shall serve in an advisory capacity to the Secretary or the Secretary's designee and shall consider matters relating to the sale, operation, construction and use of boilers in this State and such other matters as may be referred to it by the Governor, or the Secretary of the Department. The Council may study, research, plan and advise the Secretary, the Secretary's designee, the Boiler Safety Program, and the Governor on matters it deems appropriate to enable the Program to function in the best possible manner. (c) The Council on Boiler Safety shall be composed of 5 members who shall be appointed for terms of 3 years by the Governor. The Council shall be composed of 5 members; and, preferably 1 shall be a representative of a company licensed to insure boilers and pressure vessels in Delaware, another, a manufacturer who shall have been actively engaged in the manufacture of boilers, another, a user of boilers, another, a mechanical engineer and the fifth, a licensed stationary engineer. (d) No more than 3 of the newly appointed members shall be affiliated with the same political party. Any person who declines to announce a political affiliation shall also be eligible for appointment as a member of the Council. (e) Members of the Council shall serve without compensation except that they may be reimbursed for reasonable and necessary expenses incident to their duties as members of the Council. (f) A Chairperson of the Council shall be chosen by the members of the Council from among its members and shall serve in that capacity for a term of 1 year and shall be eligible for re-election. (g) Any appointment, pursuant to this section, to replace a member whose position becomes vacant prior to the expiration of the member's term shall be filled only for the remainder of that term. 78 Del. Laws, c. 127, §  7;
7 DE Code § 7501. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 75. Delaware Land Protection Act|§ 7501. Short title.

§ 7501. Short title. This chapter shall be known and may be cited as the “Delaware Land Protection Act.” 67 Del. Laws, c. 352, §  1;
7 DE Code § 7502. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 75. Delaware Land Protection Act|§ 7502. Declaration of policy.

§ 7502. Declaration of policy. The General Assembly finds that:  (1) The provision of lands for public recreation and conservation of natural resources promotes biological diversity, public health, prosperity and general welfare and is a proper responsibility of government. (2) Lands now provided for such purposes will not be adequate to meet the needs of an expanding population in years to come. (3) The expansion of population, while increasing the need for such lands, will continually diminish the supply and tend to increase the cost of public acquisition of lands available and appropriate for such purposes. (4) Rapid growth and spread of urban development is encroaching upon, or eliminating, many open areas and spaces of varied size and character and many sites with important cultural and natural resources. These areas, spaces, and sites, if preserved and maintained in their present open state, constitute important physical, biological, social, aesthetic, recreational, or economic assets. (5) The State must continue to permanently protect substantial quantities of such lands as are now available and appropriate so that they may be preserved and developed for the purposes enumerated herein. (6) It is the public policy of the State that the permanent protection of land shall be accomplished through the voluntary acquisition of interests or rights in land, or donation of said lands, and that said acquisition or donation constitutes a public purpose for which public funds have been expended or advanced and should be continued.67 Del. Laws, c. 352, §  1;  80 Del. Laws, c. 354, § 1;
7 DE Code § 7503. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 75. Delaware Land Protection Act|§ 7503. Purpose.

§ 7503. Purpose. (a) State agencies may permanently protect land for the following purposes, to carry out and expand on the intent of the Open Space Program:  (1) To protect and conserve all forms of natural and cultural resources. (2) To protect and conserve the biological diversity of plants and animals and their habitat. (3) To protect or expand existing or planned parks, forests, wildlife areas, nature preserves or other recreation, conservation, or cultural sites. (4) To preserve sites of special natural, cultural, or geological interest. (5) To connect existing open spaces into a cohesive system of greenways and resource areas. (6) To provide for public outdoor recreation. (7) To allow for water resource conservation. (b) State agencies may permanently protect land pursuant to this chapter by the use of direct acquisition for cash, by purchase money mortgage, by installment sale, or by other methods or incentives as determined by the Secretary after consultation with the Secretary of Finance. State agencies shall not exercise the “right of eminent domain” or adopt regulations to restrict or otherwise control the development of land that is privately held and that may be eligible for permanent protection under this chapter to carry out the purposes of this chapter. Participation in the Open Space Program and all transactions to permanently protect land under this chapter shall be voluntary. 67 Del. Laws, c. 352, §  1;  80 Del. Laws, c. 354, § 1;