reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 7 - Conservation › Chapter 74. DELAWARE UNDERGROUND STORAGE TANK ACT › Subchapter III. Contractor Certification › § 7425. Certification of underground storage tank contractors.

§ 7425. Certification of underground storage tank contractors.
(a) The Department shall adopt regulations for certification of businesses and individuals to install, retrofit, remove, abandon or reline underground storage tank systems used to store regulated substances.
(b) As a prerequisite for certification, the Department shall conduct written examinations within the State for the purpose of determining ability to perform installation, retrofit, relining, removal or abandonment of underground storage tank systems. The Department may waive the examination for persons who possess a valid certificate from another state, provided such certification is for similar work to be performed in Delaware.
(c) An underground storage tank system shall be installed, repaired, retrofitted, relined, removed or abandoned only in the presence and under the direction of an individual possessing a valid certificate issued by the Department. Certification requirements for contractors shall commence 6 months after adoption of regulations.
(d) Certification will not be required for owners of farm or residential underground storage tanks who wish to remove or abandon their own nonregulated underground storage tanks.
(e) Certification shall be valid for 2 years. The fee for certification shall be $250 for companies and $100 for on-site supervisors. Fees collected are appropriated to the Department to carry out the purposes of the Underground Storage Tank Program.
69 Del. Laws, c. 321, §  1;  70 Del. Laws, c. 241, §  3;
2023 Delaware Code › Title 7 - Conservation › Chapter 74A. THE JEFFREY DAVIS ABOVEGROUND STORAGE TANK ACT › § 7401A. Purpose.

§ 7401A. Purpose.
The General Assembly finds and declares that the containment of petrochemicals, petroleum, petroleum products, hazardous chemicals, hazardous substances, hazardous waste and similar regulated substances in aboveground storage tanks is emerging as a cause of soil, air, surface water and groundwater contamination in the State; that the State's surface water and groundwater resources are vital to the population and economy of the State; that millions of gallons of petroleum and hazardous substances are stored in aboveground storage tanks; that releases of stored, regulated substances are occurring in a significant number of these tanks due to corrosion, structural defect, inadequate maintenance and repair, or improper installation; and that it is therefore necessary to provide for more stringent control of the installation, operation, retrofitting, maintenance, repair, abandonment and/or removal of aboveground storage tanks to prevent releases, and, where releases occur, to detect and remediate them at the earliest possible stage, thus minimizing further degradation of soil, air, surface water and groundwater and promoting public safety. The Department is hereby granted the authority to and shall promulgate standards and regulations to ensure the protection of human health and the environment and to provide for best management practices for aboveground storage tanks.
73 Del. Laws, c. 366, §  1;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 Delaware Code › Title 7 - Conservation › Chapter 75. DELAWARE LAND PROTECTION ACT › § 7504. Definitions.

§ 7504. Definitions.
As used in this chapter:
(1) “Conservation Trust Fund” means the Delaware Land and Water Conservation Trust Fund established and maintained pursuant to subchapter II of Chapter 54 of Title 30.
(2) “Council” means the Delaware Open Space Council established pursuant to this chapter.
(3) “Cultural resource site” means land that contains at least 1 of the following:
a. Archaeological resources.
b. An area listed or eligible for listing on the National Register of Historic Places.
(4) “Department” means the Department of Natural Resources and Environmental Control.
(5) “Land” or “lands” means real property, including improvements thereon; rights of way; water, subaqueous land, and riparian rights; easements; privileges; and all other rights or interests of any kind or description in, relating to, or connected with real property or water.
(6) “Open space” or “open space land” means any land the permanent protection of which will further 1 or more purposes enumerated in § 7503(a) of this title.
(7) “Open Space Program” means the conservation program created to carry out the purposes of this chapter.
(8) “Permanent protection,” “permanently protected,” or “permanently protect,” means the acquisition by purchase, gift, grant, bequest, devise, or otherwise of the fee or any lesser interest, development right, easement, covenant, or other contractual right in land in perpetuity necessary to achieve the purposes of this chapter.
(9) “Secretary” means the Secretary of the Department of Natural Resources and Environmental Control.
(10) “State agency” means, and shall apply exclusively to, the following units of state government which manage natural and cultural resources:
a. Department of Natural Resources and Environmental Control (Division of Parks and Recreation and Division of Fish and Wildlife).
b. Department of State (Division of Historical and Cultural Affairs).
c. Department of Agriculture (Delaware Forest Service).
67 Del. Laws, c. 352, §  1;  72 Del. Laws, c. 489, §  94;  80 Del. Laws, c. 354, § 1;
2023 Delaware Code › Title 7 - Conservation › Chapter 75. DELAWARE LAND PROTECTION ACT › § 7506. Powers and duties of the Council.

§ 7506. Powers and duties of the Council.
In addition to its other powers and duties provided in this chapter, the Council shall:
(1) Advise and consult with the Secretary, Department, and State agencies on preservation matters.
(2) Advise and consult with the Secretary regarding any change from permanently protected status of open space acquired or otherwise protected under this chapter.
(3) Develop, in conjunction with the State agencies and with public input, an Open Space Program Plan ( “Plan” ) for the Council's consideration and approval.
a. The Plan shall include the Council's and state agencies' strategies, goals, and priorities for the application of funds available for the permanent protection of land.
b. The Plan may include analysis and discussion of various creative and innovative methods to secure the permanent protection of open space land, including:
1. Local and regional land trusts.
2. Conservation and preservation easements on a statewide basis.
3. Purchase of less than a fee simple interest in land.
4. Programs to create financial incentives for private sector contributions to establish operations and maintenance funds for open space land protected under this chapter.
5. An analysis, in conjunction with all appropriate public and private conservation entities, of the best practices for fee simple and conservation easement options for protecting forest and freshwater wetland habitats and other land eligible for permanent protection.
c. The Council and state agencies shall review the Plan every 5 years and may update the Plan as necessary.
(4) Encourage the Secretary to analyze, in conjunction with the Department of Finance, the state and local tax codes and formulate incentives to encourage landowners and developers to maintain their lands that qualify as open space in an undeveloped state or to sell or donate such lands to the State or private land preservation organizations.
(5) Encourage the Department, private land preservation organizations, and interested private sector entities to preserve and protect open space for the benefit of the citizens of this State.
67 Del. Laws, c. 352, §  1;  69 Del. Laws, c. 458, §  1;  77 Del. Laws, c. 236, §  1;  80 Del. Laws, c. 354, § 1;
2023 Delaware Code › Title 7 - Conservation › Chapter 75. DELAWARE LAND PROTECTION ACT › § 7507B. Access to land; limitations on use and disclosure of data.

§ 7507B. Access to land; limitations on use and disclosure of data.
(a) A representative of the Council or state agency may access land being considered for permanent protection to perform onsite verification to gather information about the land only after the landowner executes a written permission form granting the Council or State agency representative permission to access the land.
(b) If a representative of the Council or state agency collects data during an onsite verification of land that establishes the presence of at least 1 of the criteria listed in § 7507A(a)(1), (2), or (7) of this title during the negotiations for the permanent protection of that land, and the negotiations do not result in the permanent protection of that land, an agency or political subdivision of this State, including county and municipal governments, or person, as defined in § 302 of Title 1, may not use the data for any of the following purposes:
(1) To incorporate the data into a comprehensive plan; overlay zoning ordinance; guideline; specific or technically-based performance standard, design criterion, or mitigation requirement; or for any other restrictions on land use.
(2) To deny, delay, or recommend the denial or delay of a permit or license.
(3) To place any condition or restriction on a permit or license.
(4) To charge additional fees on a permit or license.
(c) Nothing in this chapter may be construed to prohibit the Council or state agency representative from reporting to the proper authorities any information or data obtained about the property concerning a violation of any environmental, public health, or safety laws or regulations or information that is otherwise required to be reported.
(d) Data collected under this section related to negotiations that do not result in the permanent protection of land are not public records and may not be disclosed under Chapter 100, Title 29.
80 Del. Laws, c. 354, § 1;
2023 Delaware Code › Title 7 - Conservation › Chapter 75. DELAWARE LAND PROTECTION ACT › § 7509. Program administration.

§ 7509. Program administration.
(a) The Department shall administer the Open Space Program. Direct costs associated with the administration of the Open Space Program shall be paid from the Conservation Trust Fund.
(b)–(d) [Repealed.]
(e) Reporting to the Governor and General Assembly.
(1) Five years after August 3, 2016, and every 5 years thereafter through the life of the Open Space Program, the Secretary and the Council shall report to the Governor and the General Assembly on the status and accomplishments of the Open Space Program with recommendations regarding continuation of the Open Space Program.
(2) The Secretary and the Council shall file annual reports with the General Assembly detailing the accomplishments and activities of the Open Space Program.
67 Del. Laws, c. 352, §  1;  80 Del. Laws, c. 354, § 1;
2023 Delaware Code › Title 7 - Conservation › Chapter 75. DELAWARE LAND PROTECTION ACT › § 7510. Zoning and use.

§ 7510. Zoning and use.
Notwithstanding any provision of this chapter to the contrary, no open space or other area acquired primarily for recreational use shall be rezoned, neither shall there be a change in the use of any such lands requiring a variance or subdivision approval, except upon 45 days prior notice to all elected members of the General Assembly in whose district such lands, or any part thereof, lie.
72 Del. Laws, c. 156, §  2;
2023 Delaware Code › Title 7 - Conservation › Chapter 75A. Establishment of a State Water Supply Coordinating Council › § 7502A. Membership.

§ 7502A. Membership.
(a) The Council shall include the following members:
(1) The Secretary of the Department of Natural Resources and Environmental Control or the Secretary's designee.
(2) The Secretary of the Department of Agriculture or the Secretary's designee.
(3) The Director of the Division of Public Health or the Director's designee.
(4) The Director of the Delaware Geological Survey or the Director's designee.
(5) The Director of the Water Resources Agency at the University of Delaware or the Director's designee.
(6) The State Climatologist or State Climatologist's designee.
(7) The Chair of the Water Infrastructure Advisory Council or the Chair of the Water Infrastructure Advisory Council's designee.
(8) One representative of the executive branch as appointed by the elected county executive or appointed county administrator of each of the Governments of New Castle County, Kent County, and Sussex County.
(9) A representative of the Delaware State Chamber of Commerce.
(10) A representative from the Delaware Farm Bureau.
(11) A representative from the Delaware River and Bay Commission.
(12) One representative from a public or private water utility in each county, to be appointed by the Chair.
(13) The Executive Director of the Delaware Nursery and Landscape Association or the Executive Director's designee.
(b) The Secretary of the Department of Natural Resources and Environmental Control or the Secretary's designee shall serve as Chair of the Council.
(c) Only 1 representative of an entity or designee of an official named in subsection (a) of this section may serve at a time and must submit written documentation to the Chair from their entity or official authorizing them to act as a representative or designee. No person claiming to be a representative or designee shall be permitted to vote or be counted as a member of a quorum without this authorization. Their authorization shall be considered revoked if a letter to that effect is submitted to the Chair, if a replacement is subsequently authorized, or if they miss more than 2 meetings of the full Council in a row without notice to the Chair.
84 Del. Laws, c. 208, § 1;
2023 Delaware Code › Title 7 - Conservation › Chapter 75A. Establishment of a State Water Supply Coordinating Council › § 7503A. Subcommittees.

§ 7503A. Subcommittees.
The Council, by majority vote, may establish subcommittees and appoint or remove members of such subcommittees to address water supply issues and plans that do not require the full participation of the Council. The subcommittees shall report to the Council and any recommended actions shall require the approval of the Council. Permanent subcommittees shall include:
(1) A New Castle County Subcommittee, which shall include the following:
a. The representative of New Castle County government serving on the Council, who shall serve as chair of the subcommittee.
b. A representative of each public and private water utility serving New Castle County.
c. Other members as appointed by the Council.
(2) A Kent County Subcommittee, which shall include the following:
a. The representative of Kent County government serving on the Council, who shall serve as chair of the subcommittee.
b. A representative of each public and private water utility serving Kent County.
c. Other members as appointed by the Council.
(3) A Sussex County Subcommittee, which shall include the following:
a. The representative of Sussex County government, who shall serve as chair of the subcommittee.
b. A representative of each public and private water utility serving Sussex County.
c. Other members as appointed by the Council.
(4) A Drought Advisory Subcommittee, which shall include the following members:
a. The Secretary of the Department of Natural Resources and Environmental Control or the Secretary's designee.
b. The Secretary of the Department of Agriculture or the Secretary's designee.
c. The Director of the Division of Public Health or the Director's designee.
d. The Director of the Delaware Geological Survey or the Director's designee.
e. The Director of the Water Resources Agency at the University of Delaware or the Director's designee.
f. The State Climatologist or State Climatologist's designee.
g. Other members as appointed by the Council.
84 Del. Laws, c. 208, § 1;
2023 Delaware Code › Title 7 - Conservation › Chapter 75A. Establishment of a State Water Supply Coordinating Council › § 7504A. Administration of the Water Supply Coordinating Council.

§ 7504A. Administration of the Water Supply Coordinating Council.
(a) The designation of the Water Supply Coordinating Council and the duties and responsibilities conferred by this chapter shall end on January 31, 2033.
(b) The Division of Water in the Department of Natural Resources and Environmental Control shall provide administrative support to the Water Supply Coordinating Council.
84 Del. Laws, c. 208, § 1;
2023 Delaware Code › Title 7 - Conservation › Chapter 76. Inland Bays’ Watershed Enhancement › § 7602. Center for the Inland Bays.

§ 7602. Center for the Inland Bays.
(a) The Center for the Inland Bays is hereby created as a nonprofit organization. The Center shall apply for nonprofit status under the federal Internal Revenue Code. The purpose of the Center shall be to oversee and facilitate the implementation of a long-term approach for the wise use and enhancement of the Inland Bays' Watershed.
(b) The Center shall receive federal funds for coordinating implementation of the federal Comprehensive Conservation and Management Plan (CCMP), and shall raise private grant moneys to support educational activities, restoration and land acquisition efforts.
69 Del. Laws, c. 468, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 76. Inland Bays’ Watershed Enhancement › § 7603. Board of Directors.

§ 7603. Board of Directors.
(a) The Center shall be administered by a Board of Directors which shall be no more than 14 in number and shall consist of the following members:
(1) Secretary of Delaware Department of Agriculture;
(2) Secretary of Delaware Department of Natural Resources and Environmental Control;
(3) Representative from the Sussex Conservation District;
(4) Administrator from Sussex County;
(5) Representative from Sussex County Association of Towns;
(6) Chair of the Inland Bays Scientific and Technical Advisory Committee;
(7) Chair of the Inland Bays Citizens Advisory Committee;
(8) A citizen of Sussex County designated by the President Pro Tem of the Delaware Senate;
(9) A citizen of Sussex County designated by the Speaker of the Delaware House of Representatives; and
(10) Up to 5 citizens of Sussex County elected by the voting membership of the Board of Directors.
Each member may designate an alternate in the event such member is unable to participate in any decision-making process of the Board.
(b) The United States Environmental Protection Agency and other federal agencies may serve as nonvoting, ex-officio members of the Board. In addition, the President Pro-Tem of the Delaware State Senate and the Speaker of the Delaware State House of Representatives may each designate 1 nonvoting, ex-officio member to the Board, which member shall be a resident of Sussex County.
(c) The Inland Bays Estuary Program and the Inland Bays Scientific and Technical Advisory Committee (STAC) and the Citizens Advisory Committee (CAC) shall continue to serve as formal advisory bodies to the Board.
69 Del. Laws, c. 468, §  1;  70 Del. Laws, c. 313, §  1;  80 Del. Laws, c. 87, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 76. Inland Bays’ Watershed Enhancement › § 7604. Duties of the Board of Directors.

§ 7604. Duties of the Board of Directors.
(a) The Board shall be responsible for the procurement and administration of federal and private moneys secured to fulfill the responsibilities pursuant to the protection and restoration of the Inland Bays' watershed. The Board shall review and consider recommendations made by the Executive Director concerning priorities for protecting and restoring the Inland Bays' watershed and to oversee fundraising activities and the distribution of moneys received.
(b) The Board of Directors shall oversee and facilitate the implementation of the CCMP upon its adoption, tracking and monitoring its progress leading to improvements to the Inland Bays, facilitating an ongoing dialogue on issues concerning their protection, educating the public and students about how to protect the Bays and determining priorities for restoration, enhancement and land acquisition projects.
(c) Meetings of the Board of Directors shall be held at least quarterly, or as deemed necessary, and shall be open to the public and advertised according to Delaware law. Experts in various subject matters may be invited to address the Board of Directors as needed and appropriate.
(d) Staff support for the Board shall be provided by an Executive Director who will convene its meetings; develop and carry out its agreements; develop grant proposals and fundraising events to support its educational, restoration and land acquisition activities; prepare solicitations for proposals and make recommendations for the award of grants for educational and restoration projects; prepare progress reports, work plans and budgets for the Board's approval; support advisory committees; supervise staff and perform other duties as assigned by the Board.
(e) The Board shall submit a progress report annually to the General Assembly. The General Assembly may order periodic general audits of the Center for the Inland Bays.
69 Del. Laws, c. 468, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 77. EXTREMELY HAZARDOUS SUBSTANCES RISK MANAGEMENT ACT › § 7701. Short title.

§ 7701. Short title.
This chapter shall be known and may be cited as the “Extremely Hazardous Substances Risk Management Act.”
66 Del. Laws, c. 417, §  1;  71 Del. Laws, c. 308, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 77. EXTREMELY HAZARDOUS SUBSTANCES RISK MANAGEMENT ACT › § 7702. Findings.

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