reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 7 - Conservation › Chapter 79. ENVIRONMENTAL PERMIT APPLICATION BACKGROUND STATEMENT › Subchapter II. Uniform Environmental Covenants Act › § 7917. Registry; substitute notice.

§ 7917. Registry; substitute notice.
(a) The Department shall establish and maintain a registry that contains all environmental covenants and any amendment or termination of those covenants. The registry may also contain any other information concerning environmental covenants and the real property subject to them which the Department considers appropriate. The registry is a public record for purposes of Freedom of Information Act [Chapter 100 of Title 29].
(b) After an environmental covenant or an amendment or termination of a covenant is filed in the registry pursuant to subsection (a) of this section, a notice of the covenant, amendment, or termination that complies with this section may be recorded in the land records in lieu of recording the entire covenant. Any such notice must contain:
(1) A legally sufficient description and any available street address of the real property;
(2) The name and address of the owner of the real property, the Department, and the holder if other than the Department;
(3) A statement that the covenant, amendment, or termination is available in a registry at the Department, and disclosing the method of any electronic access; and
(4) A statement that the notice is notification of an environmental covenant executed pursuant to this subchapter.
(c) A statement in executed with the same formalities as a deed in this state satisfies the requirements of subsection (b) of this section:
(1) This notice is filed in the land records of the deeds of county of jurisdiction in which the real property is located pursuant to § 7913 of this title.
(2) This notice and the covenant, amendment or termination to which it refers may impose significant obligations with respect to the property described below.
(3) A legal description of the property is attached as Exhibit A to this notice. The address of the property that is subject to the environmental covenant is [insert address of property].
(4) The name and address of the owner of the real property on the date of this notice is [insert name of current legal owner of the property and the owner's current address as shown on the tax records of the jurisdiction in which the property is located].
(5) The environmental covenant, amendment or termination was signed by [insert name and address of the Department].
(6) The environmental covenant, amendment, or termination was filed in the registry on [insert date].
(7) The full text of the covenant, amendment, or termination and any other information required by the Department is on file and available for inspection and copying in the site files by the Department of Natural Resources and Environmental Control (DNREC) at a building in which the files are maintained.
75 Del. Laws, c. 206, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 79. ENVIRONMENTAL PERMIT APPLICATION BACKGROUND STATEMENT › Subchapter II. Uniform Environmental Covenants Act › § 7918. Uniformity of application and construction.

§ 7918. Uniformity of application and construction.
In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
75 Del. Laws, c. 206, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 79. ENVIRONMENTAL PERMIT APPLICATION BACKGROUND STATEMENT › Subchapter II. Uniform Environmental Covenants Act › § 7919. Relation to Electronic Signatures in Global and National Commerce Act.

§ 7919. Relation to Electronic Signatures in Global and National Commerce Act.
This act modifies, limits, or supersedes the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. § 7001 et seq.) but does not modify, limit, or supersede § 101 of that Act (15 U.S.C. § 7001(a)) or authorize electronic delivery of any of the notices described in § 103 of that Act (15 U.S.C. § 7003(b)).
75 Del. Laws, c. 206, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 79. ENVIRONMENTAL PERMIT APPLICATION BACKGROUND STATEMENT › Subchapter II. Uniform Environmental Covenants Act › § 7920. Severability.

§ 7920. Severability.
If any provision of this subchapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this subchapter which can be given effect without the invalid provision or application, and to this end the provisions of this subchapter are severable.
75 Del. Laws, c. 206, §  1;
2023 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;
2023 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;
2023 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;
2023 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;
2023 Delaware Code › Title 7 - Conservation › Chapter 91. DELAWARE HAZARDOUS SUBSTANCE CLEANUP ACT › Subchapter I. General Provisions and Enforcement › § 9101. Short title.

§ 9101. Short title.
This chapter shall be known and may be cited as the “Delaware Hazardous Substance Cleanup Act.”
67 Del. Laws, c. 326, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 91. DELAWARE HAZARDOUS SUBSTANCE CLEANUP ACT › Subchapter I. General Provisions and Enforcement › § 9102. Declaration of purpose; applicability.

§ 9102. Declaration of purpose; applicability.
(a) The General Assembly recognizes that large quantities of hazardous substances are and have been generated, transported, treated, and stored within the State. The General Assembly also recognizes that some hazardous substances have been stored or disposed of at facilities in the State in a manner insufficient to protect public health or welfare or the environment. The General Assembly finds that the release of a hazardous substance constitutes an imminent threat to public health or welfare or the environment of the State. The General Assembly intends by the passage of this chapter to exercise the powers of the State to require prompt containment and removal of such hazardous substances, to eliminate or minimize the risk to public health or welfare or the environment, and to provide a fund for the cleanup of the facilities affected by the release of hazardous substances.
(b) The General Assembly finds that private parties should be provided with encouragement to exercise their responsibility to clean up the facilities for which they are responsible, but that if they refuse to do so, then the State should conduct the cleanup and recover the costs thereof from the private parties.
(c) The General Assembly recognizes the need to remedy contaminated facilities and to promote opportunities and provide incentives to encourage the remedy of such facilities to yield economic revitalization and redevelopment within the State.
(d) The General Assembly finds that in order to effectuate the purposes of this chapter to remedy contamination resulting from past acts and to address more equitably the issue of who should bear the costs of remediation, § 9105 of this title shall apply to all responsible parties without regard to the date of enactment of this chapter or any amendments thereto.
67 Del. Laws, c. 326, §  1;  70 Del. Laws, c. 218, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 91. DELAWARE HAZARDOUS SUBSTANCE CLEANUP ACT › Subchapter I. General Provisions and Enforcement › § 9106. Investigation and access.

§ 9106. Investigation and access.
(a) (1) If there is a reasonable basis to believe there was a release or is an imminent threat of release, the Secretary may require information or documents relevant to the release or imminent threat of release from any person who may have information pertinent to:
a. The identification, nature and volume of materials generated, treated, stored, transported to or disposed of at a facility, and the dates thereof;
b. The extent of a release or imminent threat of release from a facility;
c. The identity of potentially responsible parties;
d. The financial ability of a potentially responsible party to perform a remedy.
(2) The Secretary or his or her authorized employees or agents may enter, at reasonable times, upon any real property, public or private, to conduct sampling, inspection, examination, and investigation evaluating the release or imminent threat of release to determine the need for a remedy or to execute the remedy upon given verbal notice, and after presenting official identification to the owner or operator. The Secretary or other authorized person gaining access under this section, if requested in advance, shall split a sample with the operator, or person in charge of the facility. If any analysis is made of the samples, a copy of the results of the analysis may be furnished to the owner, operator, or person in charge.
(b) If the Secretary determines that:
(1) An emergency exists that requires immediate action to protect public health or welfare or the environment; and
(2) The operator is unwilling or unable to take such immediate action, the Secretary, or his or her authorized employees or agents, without court order, may enter upon a facility and take any immediate action necessary to abate the emergency notwithstanding the provisions of § 9107(e) of this title.
67 Del. Laws, c. 326, §  1;  70 Del. Laws, c. 218, §  16;
2023 Delaware Code › Title 7 - Conservation › Chapter 91. DELAWARE HAZARDOUS SUBSTANCE CLEANUP ACT › Subchapter I. General Provisions and Enforcement › § 9108. Certification of completion of remedy.

§ 9108. Certification of completion of remedy.
(a) Upon completion of a remedy at a facility, or an operable unit thereof, the Department may issue, or the owners, parties to the settlement agreement or parties responding to an order, may apply for a certification of completion of remedy from the Secretary pursuant to regulations promulgated under § 9104 of this title. For the purposes of this section, the Secretary may consider a remedy complete when the remedial action is operational and functional; provided, however, that the Secretary may place conditions or limitations in the certification of completion of remedy which identify those portions of the final plan of remedial action, including but not limited to operation and maintenance, and compliance monitoring, which must continue to be performed, and which provide for the performance of additional remedies in the event that the remedial goals contained in the final plan of remedial action are not achieved as required by the plan and the regulations promulgated under § 9104 of this title.
(b) The Secretary shall grant or deny an application for a certification of completion of remedy within 180 days of the application with stated reasons.
67 Del. Laws, c. 326, §  1;  70 Del. Laws, c. 218, §  24;  74 Del. Laws, c. 409, §  5;  80 Del. Laws, c. 359, § 2;
2023 Delaware Code › Title 7 - Conservation › Chapter 91. DELAWARE HAZARDOUS SUBSTANCE CLEANUP ACT › Subchapter I. General Provisions and Enforcement › § 9111. Fraud.

§ 9111. Fraud.
(a) If a potentially responsible party commits fraud on the Secretary or another potentially responsible party in a proposed settlement agreement or in an application for a certification of completion of remedy, then any limitation on liability otherwise provided herein shall be void, and any injured person, including the Secretary, may recover actual damages sustained as well as a civil penalty of up to $10,000 for each fraudulent act.
(b) The Secretary may bring an action in the Superior Court to establish and collect a civil penalty for which a person is liable for fraud under this chapter.
67 Del. Laws, c. 326, §  1;  70 Del. Laws, c. 218, §  28;
2023 Delaware Code › Title 7 - Conservation › Chapter 91. DELAWARE HAZARDOUS SUBSTANCE CLEANUP ACT › Subchapter I. General Provisions and Enforcement › § 9112. Public hearings — Rule making, settlement agreements and remedial actions.

§ 9112. Public hearings — Rule making, settlement agreements and remedial actions.
Public hearings shall be held on regulations developed pursuant to this chapter, and, if the Secretary receives a meritorious request for a public hearing from any person on the proposed consent decree and the proposed plan of remedial action in accordance with §§ 6004 and 6006 of this title, as well as any additional notice and hearing requirements the Secretary has adopted by regulation.
67 Del. Laws, c. 326, §  1;  70 Del. Laws, c. 218, §  29;
2023 Delaware Code › Title 7 - Conservation › Chapter 91. DELAWARE HAZARDOUS SUBSTANCE CLEANUP ACT › Subchapter I. General Provisions and Enforcement › § 9115. Notice in property records.

§ 9115. Notice in property records.
(a) Pursuant to § 9104(b)(2) of this title, when a release of a hazardous substance that has been determined by the Secretary to be a threat to public health or the environment has occurred at a facility or property on which the facility is located, the owner of the property shall place a notice in the records of real property kept by the Recorder of Deeds of the county in which the property is located. The notice shall:
(1) Identify the facility;
(2) Identify the owner of the facility and the person causing the notice to appear;
(3) State that a release occurred at or from the facility;
(4) State the date the release occurred; and
(5) Direct further inquiries to the Secretary.
(b) Any certification of completion of remedy issued in accordance with § 9108 of this title shall be promptly filed by the owner with the records of real property kept by the recorder of deeds of the county in which the facility is located and shall identify the facility, the owner of the facility, and the date of issuance of the certification of completion.
67 Del. Laws, c. 326, §  1;  70 Del. Laws, c. 218, §  31;
2023 Delaware Code › Title 7 - Conservation › Chapter 91. DELAWARE HAZARDOUS SUBSTANCE CLEANUP ACT › Subchapter I. General Provisions and Enforcement › § 9116. Confidentiality of proprietary information.

§ 9116. Confidentiality of proprietary information.
Information obtained by the Secretary under this chapter shall be available to the public as provided in Chapter 100 of Title 29, unless the Secretary certifies such information to be proprietary. The Secretary may make such certification where any person shows to the satisfaction of the Secretary that the information, or parts thereof, if made public, would divulge methods, processes or activities entitled to protection as trade secrets or as confidential financial or commercial information. Nothing in this section shall be construed as limiting the disclosure of information by the Secretary to any officer, employee or authorized representative of the state or federal government to effectuate the purposes of this chapter. Furthermore, nothing in this section shall prevent the Secretary from including in the remedial decision record information concerning the cost of the remedy or the manner in which it is performed. Prior to disclosure of information certified by the Secretary to be proprietary to an authorized representative who is not an officer or employee of the state or federal government, the person providing the proprietary 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.
67 Del. Laws, c. 326, §  1;  70 Del. Laws, c. 218, §  32;
2023 Delaware Code › Title 7 - Conservation › Chapter 91. DELAWARE HAZARDOUS SUBSTANCE CLEANUP ACT › Subchapter I. General Provisions and Enforcement › § 9118. Cease and desist orders.

§ 9118. Cease and desist orders.
The Secretary shall have the power to issue a cease and desist order to any person violating any provision of this chapter ordering such person to cease and desist from such violation, provided that any cease and desist order issued pursuant to this section shall expire:
(1) After 30 days of its issuance; or
(2) Upon withdrawal of said order by the Secretary; or
(3) When the order is superseded by an injunction.
67 Del. Laws, c. 326, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 91. DELAWARE HAZARDOUS SUBSTANCE CLEANUP ACT › Subchapter I. General Provisions and Enforcement › § 9120. Inconsistent laws or ordinances superseded.

§ 9120. Inconsistent laws or ordinances superseded.
All laws or ordinances inconsistent with any provisions of this chapter are hereby superseded to the extent of the inconsistency.
67 Del. Laws, c. 326, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 91. DELAWARE HAZARDOUS SUBSTANCE CLEANUP ACT › Subchapter II. Brownfields Development Program › § 9122. Declaration of purposes.

§ 9122. Declaration of purposes.
(a) In addition to the provisions of the foregoing subchapter I of this chapter, this subchapter is intended to implement a Brownfields Development Program, supplementing the powers and duties of the Secretary as set forth in § 9104 of this title.
(b) The General Assembly recognizes that:
(1) There are brownfield sites throughout the State;
(2) The underutilization of brownfields in the State operates to the economic detriment of the citizens of the State, because the underutilization of these sites limits employment opportunities and needlessly uses valuable “greenfield” resources; and
(3) There is a need to establish a program to effectively investigate, remediate, and redevelop these sites, thus returning these sites to more productive use and enhancing the economic well being of the citizens of the State.
74 Del. Laws, c. 409, §  4;
2023 Delaware Code › Title 7 - Conservation › Chapter 91. DELAWARE HAZARDOUS SUBSTANCE CLEANUP ACT › Subchapter II. Brownfields Development Program › § 9123. Definitions.

§ 9123. Definitions.
As used in this subchapter:
(1) “Brownfields developer” shall mean a person who, with respect to a facility:
a. Proposes to conduct investigations and/or development activity at a facility that is a certified brownfield, and seeks to enter into a Brownfields Development Agreement with the Secretary;
b. At the time of application for a Brownfields Development Agreement, is not liable for a release or imminent threat of release at the facility under § 9105(a)(1)-(6) of this title; and
c. Is not affiliated with any other person that is liable for a release or imminent threat of release at the facility, within the meaning of § 9105(c)(4)b.5. of this title.
(2) “Brownfields Development Agreement” means an agreement between the Secretary and a brownfield developer with respect to a certified brownfield that sets forth a scope and schedule of activities to assess and respond to the actual, threatened, or perceived release of hazardous substances at the facility.
(3) “Certified brownfield” means a brownfield, as defined in § 9103(3) of this title, that the Secretary has certified pursuant to the regulations governing hazardous substance cleanup.
(4) “Existing environmental condition” means all known or discovered releases of hazardous substances which are found to be, or to have been, existing at or in the vicinity of the facility prior to a person entering into a Brownfields Development Agreement with the Secretary.
(5) “Plan(s)” means any workplan or workplans as required by the Secretary for the performance of an investigation and/or remedy of a site.
74 Del. Laws, c. 409, §  4;
2023 Delaware Code › Title 7 - Conservation › Chapter 91. DELAWARE HAZARDOUS SUBSTANCE CLEANUP ACT › Subchapter II. Brownfields Development Program › § 9124. Secretary's powers and duties.

§ 9124. Secretary's powers and duties.
The Secretary may exercise the following powers in addition to any other powers granted by law:
(1) The Secretary may plan, study or conduct, or permit a brownfields developer or other persons to plan, study or conduct, appropriate actions at a certified brownfield to perform a remedy of a release, imminent threat of release, or where there may be a reasonably held perception of a release or imminent threat of a release.
(2) The Secretary shall, after notice and public hearing, promulgate and revise regulations as deemed necessary for the implementation and administration of this subchapter.
74 Del. Laws, c. 409, §  4;
2023 Delaware Code › Title 7 - Conservation › Chapter 91. DELAWARE HAZARDOUS SUBSTANCE CLEANUP ACT › Subchapter II. Brownfields Development Program › § 9126. Public notice; public comment.

§ 9126. Public notice; public comment.
(a) The Secretary shall provide public notice within 20 days after entering into negotiations for a Brownfields Development Agreement. Such public notice shall be published in a newspaper of general circulation in the county in which the facility is located. Such notice shall also be provided to:
(1) All elected members of the General Assembly in whose district such facility or any part thereof lies;
(2) If the facility or any part thereof is located within the boundaries of any municipality, then such notice shall also be given to the governing body of all municipalities in which the facility or any part thereof lies;
(3) In the event the facility or any part thereof is not located within the boundaries of a municipality, then such notice shall also be given to the governing body of the county in which the facility or any part thereof lies; and
(4) The governing body of any civic, neighborhood or similar association in which the facility or any part thereof lies, provided that such association makes itself known to the Department and provides a legal mailing address.
(b) The Secretary shall provide public notice within 20 days after entering into a Brownfields Development Agreement. Such notice shall provide for a 20-day written comment period.
(c) Upon receiving a request following the entry of the Department into a Brownfields Development Agreement, the Secretary shall conduct a public meeting to provide the public information regarding the proposed project, in or near the area where the facility is located.
74 Del. Laws, c. 409, §  4;
2023 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) 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].

§ 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;
2023 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) of this title] › § 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;
2023 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) of this title] › § 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;
2023 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) of this title] › § 9205. Termination of operations or filing for bankruptcy at a chemical or hazardous substance establishment; procedures [Effective upon promulgation of regulations by the Secretary pursuant to § 9203(c) of this title].

§ 9205. Termination of operations or filing for bankruptcy at a chemical or hazardous substance establishment; procedures [Effective upon promulgation of regulations by the Secretary pursuant to § 9203(c) of this title].
(a) Not later than the date of termination of all business or other activities at an establishment or the date of filing for liquidation under the federal Bankruptcy Code [11 U.S.C. § 101 et seq.], the owner or operator of the establishment shall file a notice with the Secretary which must include information regarding the person or persons employed by the establishment who will be responsible for providing information regarding compliance with this section.
(b) Not later than 90 days after the termination of all business or other activities at an establishment, the owner or operator of the establishment, or a trustee if the owner or operator is in bankruptcy, shall:
(1) Submit to the Secretary a list of all chemical and hazardous substances at the establishment, where they are located and how they are stored, contained, stockpiled or otherwise located. Notwithstanding the foregoing, “releases” as defined in § 9103 of this title are excluded;
(2) Submit a plan to the Secretary for the emptying, draining, removal, use, sale, recycling, or otherwise disposal of all chemicals or hazardous substances in accordance with applicable law or in accordance with any order of the Bankruptcy Court in the event of bankruptcy filing;
(3) Post warning signs with up-to-date contact information around the perimeter of any parcel where the soil is contaminated with a hazardous substance to a level that poses potential risk to human health or the environment;
(4) Submit a certification to the Secretary with regard to whether chemicals or hazardous substances identified in paragraph (b)(1) of this section have been removed from the parcel in accordance with applicable law; and
(5) Maintain personnel, utilities, security, site management and other measures necessary to stabilize and secure the site.
(c) Following receipt of the required submittals under subsection (b) of this section, the Secretary shall, within 30 days, conduct an inspection of the parcel and/or the establishment to determine compliance with this section.
76 Del. Laws, c. 220, §  1;  79 Del. Laws, c. 441, §  1;
2023 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) of this title] › § 9206. Financial assurance [Effective upon promulgation of regulations by the Secretary pursuant to § 9203(c) of this title].

§ 9206. Financial assurance [Effective upon promulgation of regulations by the Secretary pursuant to § 9203(c) of this title].
(a) Within 60 days from the transfer of an establishment or the start up of a new establishment, the owner or operator shall provide to the Department evidence of financial assurance in accordance with the regulations promulgated pursuant to this chapter. Evidence of financial assurance must be in a sufficient form and amount necessary to insure that, upon termination, abandonment, or liquidation of all activities at the establishment that all appropriate means are taken to stabilize and secure the establishment, including but not limited to those activities as set forth in § 9205(b) of this title.
(b) The Department shall promulgate regulations containing requirements for maintaining evidence of financial assurance as deemed necessary with respect to the size of the establishment and the quantities of chemicals maintained and generated as wastes thereon, needed to stabilize and secure the facility, taking into account, and giving due credit for, financial assurance established through other Department programs. Evidence of financial assurance may include, but not be limited to, insurance, guarantee, surety bond, letter of credit, proof of assets, qualification as a self-insurer, or other agreements acceptable to the Secretary.
(c) For the purposes of this section, an owner or operator does not mean the federal government, federal or state agencies, counties or municipalities.
76 Del. Laws, c. 220, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 100. Delaware Climate Change Solutions Act › § 10001. Legislative purpose.

§ 10001. Legislative purpose.
(a) The General Assembly finds all of the following:
(1) Anthropogenic emissions of greenhouse gases are contributing to climate change and have caused global temperatures to rise by approximately 1 degree Celsius above preindustrial levels.
(2) Climate change threatens the health and well-being of the people of Delaware, particularly Delawareans residing in historically over-burdened and under-served communities, and results in severe impacts such as sea-level rise, increasing temperatures and changes to precipitation patterns. Climate change will also intensify and increase the frequency of extreme weather events, such as coastal storm surges, flooding, and heat waves.
(3) The threat that climate change poses to Delaware is multi-faceted, resulting in disruptions and damage to the State's agriculture industry, water resources, built infrastructure, natural resources, and public health.
(4) Delaware has the lowest mean elevation of any state in the nation and is therefore particularly vulnerable to coastal climate change impacts, including sea-level rise, flooding, saltwater intrusion into drinking water and agricultural lands, erosion, wetland loss, beach loss, and extreme storm events.
(5) Delaware's economy and public safety are dependent on transportation, water, and energy infrastructure systems that must be adaptive to current and future climate change.
(6) Climate change poses risks to Delaware's continued economic vitality, including an industrial center and major port located on the Delaware River, subject to flooding and storm surge; a tourism economy on the Atlantic Beach communities exposed to sea-level rise, flooding, and storm impacts; and a robust agriculture sector vulnerable to weather extremes, flooding, and saltwater intrusion.
(7) The continued health and quality of life of Delaware's residents are dependent upon reducing its emissions of greenhouse gases and maintaining and improving the State's resiliency to the impacts of climate change.
(8) Actions taken to reduce greenhouse gas emissions and increase resiliency to climate change have co-benefits to economic development, job opportunities, public health and air and water quality.
(b) Based on its findings in subsection (a) of this section, the General Assembly determines that it is in the public interest to develop a comprehensive approach to reduce emissions of greenhouse gases in the State and to maximize the State's adaptation and resiliency to the effects of climate change.
84 Del. Laws, c. 141, § 1;
2023 Delaware Code › Title 7 - Conservation › Chapter 100. Delaware Climate Change Solutions Act › § 10003. Greenhouse gas emissions reductions.

§ 10003. Greenhouse gas emissions reductions.
(a) The State shall implement greenhouse gas emissions reduction strategies to ensure that, no later than January 1, 2030, Statewide greenhouse gas emissions on a net basis shall be reduced by not less than 50% from a 2005 baseline (the “2030 target”).
(b) The State shall implement greenhouse gas emissions reduction strategies to ensure that, no later than January 1, 2050, greenhouse gas emissions in the State shall be stabilized at or below net zero emissions (the “2050 target”) and shall not exceed that level thereafter.
(c) The greenhouse gas emissions reductions set forth in subsections (a) and (b) of this section shall be implemented by the State through the process and the principles set forth in § 10004 of this title.
(d) The State shall develop and implement strategies that maximize the carbon storage and sequestration potential of forests, vegetation, and soils within the State, which shall be guided by the principles set forth in § 10004(e) of this title.
(e) The reductions required by subsections (a) and (b) of this section shall be determined by reference to Delaware's Greenhouse Gas Inventory prepared by the Department.
(f) The Department shall adopt criteria to evaluate offset proposals as provided in § 10002(14) of this title. In evaluating greenhouse gas emissions offset, the Department shall consider all of the following factors:
1. The extent to which the offset results in a direct and additional reduction of greenhouse gas emissions,
2. Whether the offset results in an enduring greenhouse gas reduction that is verifiable.
3. Whether the greenhouse gas reduction produced by the offset can be quantified.
4. The extent to which the offset will be implemented in or result in environmental benefits to the State.
5. The cost-effectiveness and availability of the offset.
6. If the offset has been utilized for the purposes of meeting greenhouse gas emissions goals in any other jurisdiction it shall not be approved as offsets in Delaware.
(g) The Department shall adopt the criteria required by subsection (f) of this section, and any rules or regulations necessary for implementing the provisions of subsection (f) of this section, not later than 18 months prior to the effective date of any new rules or regulations requiring emissions reductions from stationary sources to achieve the greenhouse gas emission reductions set forth in § 10003(a) and (b) of this title. Notwithstanding the foregoing, regulations promulgated pursuant to subchapter II–A of Chapter 60, subchapter II-A of Title 7, and Chapter 70 of Title 7, which implement pre-existing offset programs, and regulations promulgated to meet federal requirements are excluded from the requirements of subsection (f) and (g) of this section.
84 Del. Laws, c. 141, § 1;
2023 Delaware Code › Title 7 - Conservation › Chapter 100. Delaware Climate Change Solutions Act › § 10005. Technical climate advisors.

§ 10005. Technical climate advisors.
(a) Technical climate advisors shall serve in an advisory capacity to the Department. The number and persons who shall serve as technical climate advisors shall be determined by the Secretary and may, at the discretion of the Secretary, include Department staff, external experts, and members of the public.
(b) The technical climate advisors responsibilities shall include:
(1) Evaluating and updating the State's sea-level-rise scenarios. The technical climate advisors shall issue updated sea-level-rise scenarios by November 15, 2024, and shall evaluate and update those scenarios not less than every 5 years thereafter.
(2) Evaluating, preparing and updating temperature scenarios for the State. The technical climate advisors shall issue initial temperature scenarios by November 15, 2024, and shall evaluate and update those scenarios not less than every 5 years thereafter.
(3) Evaluating, preparing and updating precipitation scenarios for the State. The Scientific Committee shall issue initial precipitation scenarios by November 15, 2024, and shall evaluate and update those scenarios not less than every 5 years thereafter.
84 Del. Laws, c. 141, § 1;
2023 Delaware Code › Title 8 - Corporations › Chapter 1. GENERAL CORPORATION LAW › Subchapter I. Formation › § 101. Incorporators; how corporation formed; purposes.

§ 101. Incorporators; how corporation formed; purposes.
(a) Any person, partnership, association or corporation, singly or jointly with others, and without regard to such person's or entity's residence, domicile or state of incorporation, may incorporate or organize a corporation under this chapter by filing with the Division of Corporations in the Department of State a certificate of incorporation which shall be executed, acknowledged and filed in accordance with § 103 of this title.
(b) A corporation may be incorporated or organized under this chapter to conduct or promote any lawful business or purposes, except as may otherwise be provided by the Constitution or other law of this State.
(c) Corporations for constructing, maintaining and operating public utilities, whether in or outside of this State, may be organized under this chapter, but corporations for constructing, maintaining and operating public utilities within this State shall be subject to, in addition to this chapter, the special provisions and requirements of Title 26 applicable to such corporations.
8 Del. C. 1953, §  101;  56 Del. Laws, c. 50;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 587, §  1;  71 Del. Laws, c. 339, §  1;
2023 Delaware Code › Title 8 - Corporations › Chapter 1. GENERAL CORPORATION LAW › Subchapter I. Formation › § 104. Certificate of incorporation; definition.

§ 104. Certificate of incorporation; definition.
The term “certificate of incorporation,” as used in this chapter, unless the context requires otherwise, includes not only the original certificate of incorporation filed to create a corporation but also all other certificates, agreements of merger or consolidation, plans of reorganization, or other instruments, howsoever designated, which are filed pursuant to § 102, §§ 133-136, § 151, §§ 241-243, § 245, §§ 251-258, §§ 263-264, § 267, § 303, §§ 311-313, or any other section of this title, and which have the effect of amending or supplementing in some respect a corporation's certificate of incorporation.
8 Del. C. 1953, §  104;  56 Del. Laws, c. 50;  67 Del. Laws, c. 376, §  2;  69 Del. Laws, c. 61, §  2;  77 Del. Laws, c. 290, §  1;  80 Del. Laws, c. 265, § 1;
2023 Delaware Code › Title 8 - Corporations › Chapter 1. GENERAL CORPORATION LAW › Subchapter I. Formation › § 105. Certificate of incorporation and other certificates; evidence.

§ 105. Certificate of incorporation and other certificates; evidence.
A copy of a certificate of incorporation, or a restated certificate of incorporation, or of any other certificate which has been filed in the office of the Secretary of State as required by any provision of this title shall, when duly certified by the Secretary of State, be received in all courts, public offices and official bodies as prima facie evidence of:
(1) Due execution, acknowledgment and filing of the instrument;
(2) Observance and performance of all acts and conditions necessary to have been observed and performed precedent to the instrument becoming effective; and
(3) Any other facts required or permitted by law to be stated in the instrument.
8 Del. C. 1953, §  105;  56 Del. Laws, c. 50;  70 Del. Laws, c. 587, §  7;
2023 Delaware Code › Title 8 - Corporations › Chapter 1. GENERAL CORPORATION LAW › Subchapter I. Formation › § 106. Commencement of corporate existence.

§ 106. Commencement of corporate existence.
Upon the filing with the Secretary of State of the certificate of incorporation, executed and acknowledged in accordance with § 103 of this title, the incorporator or incorporators who signed the certificate, and such incorporator's or incorporators' successors and assigns, shall, from the date of such filing, be and constitute a body corporate, by the name set forth in the certificate, subject to § 103(d) of this title and subject to dissolution or other termination of its existence as provided in this chapter.
8 Del. C. 1953, §  106;  56 Del. Laws, c. 50;  71 Del. Laws, c. 339, §  6;
2023 Delaware Code › Title 8 - Corporations › Chapter 1. GENERAL CORPORATION LAW › Subchapter I. Formation › § 107. Powers of incorporators.

§ 107. Powers of incorporators.
If the persons who are to serve as directors until the first annual meeting of stockholders have not been named in the certificate of incorporation, the incorporator or incorporators, until the directors are elected, shall manage the affairs of the corporation and may do whatever is necessary and proper to perfect the organization of the corporation, including the adoption of the original bylaws of the corporation and the election of directors.
8 Del. C. 1953, §  107;  56 Del. Laws, c. 50.;
2023 Delaware Code › Title 8 - Corporations › Chapter 1. GENERAL CORPORATION LAW › Subchapter I. Formation › § 109. Bylaws.

§ 109. Bylaws.
(a) The original or other bylaws of a corporation may be adopted, amended or repealed by the incorporators, by the initial directors of a corporation other than a nonstock corporation or initial members of the governing body of a nonstock corporation if they were named in the certificate of incorporation, or, before a corporation other than a nonstock corporation has received any payment for any of its stock, by its board of directors. After a corporation other than a nonstock corporation has received any payment for any of its stock, the power to adopt, amend or repeal bylaws shall be in the stockholders entitled to vote. In the case of a nonstock corporation, the power to adopt, amend or repeal bylaws shall be in its members entitled to vote. Notwithstanding the foregoing, any corporation may, in its certificate of incorporation, confer the power to adopt, amend or repeal bylaws upon the directors or, in the case of a nonstock corporation, upon its governing body. The fact that such power has been so conferred upon the directors or governing body, as the case may be, shall not divest the stockholders or members of the power, nor limit their power to adopt, amend or repeal bylaws.
(b) The bylaws may contain any provision, not inconsistent with law or with the certificate of incorporation, relating to the business of the corporation, the conduct of its affairs, and its rights or powers or the rights or powers of its stockholders, directors, officers or employees. The bylaws may not contain any provision that would impose liability on a stockholder for the attorneys' fees or expenses of the corporation or any other party in connection with an internal corporate claim, as defined in § 115 of this title.
8 Del. C. 1953, §  109;  56 Del. Laws, c. 50;  59 Del. Laws, c. 437, §  1;  77 Del. Laws, c. 253, §  8;  80 Del. Laws, c. 40, §  3;