reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 7 - Conservation › Chapter 77. EXTREMELY HAZARDOUS SUBSTANCES RISK MANAGEMENT ACT › § 7703. Purpose, goal and scope.

§ 7703. Purpose, goal and scope.
(a) The purpose of this chapter is to protect the lives and health of citizens of the State living and working in the vicinity of facilities with extremely hazardous substances.
(b) This chapter is concerned with the prevention of sudden releases of EHS and the generation of pressure waves and thermal exposures beyond the property boundaries of the facility where they occur and the catastrophic health consequences caused by short-term exposures to such accidental releases. This chapter has the goal of prevention of such catastrophic events by requiring responsible person or persons having extremely hazardous substances on-site to take all feasible actions needed to minimize the probability of catastrophic events. It is the intent of this chapter to complement and be enforced in conjunction with other laws. The Department may, by regulation, exempt or establish a greater threshold quantity for an agriculture nutrient when exclusively used as an agricultural nutrient and held by a farmer. The Department shall, by regulation, determine whether other laws provide equal or more stringent protection according to the purpose of this chapter. In such instances, the Department may exempt a process containing an EHS from all or part of the elements of the risk management program developed under § 7709 of this title.
(c) Responsible person(s) from a regulated facility may select cost-effective methods of achieving the purpose of this chapter where a risk management program appropriate to the risk is in effect. EHS already under the jurisdiction of other laws may continue to be used subject to this chapter. Individual containers of EHS for retail sale only are not regulated by this chapter.
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 › § 7704. Policy and general duty.

§ 7704. Policy and general duty.
(a) The General Assembly believes that every person in control of or associated with an EHS is responsible for operating in a manner consistent with the purpose of this chapter. It is their obligation to develop and implement a risk management program that anticipates and minimizes the chances of catastrophic events. The facility risk management plan and the risk management program implementation shall be subject to review by the Department. It shall be the objective of the regulations and programs established under this chapter to prevent accidental releases and to minimize the consequences of any such release of any substance listed pursuant to § 7707 of this title or any other extremely hazardous substance. Every person in control of or associated with any such substance that is produced, processed, handled or stored has a general duty to identify hazards which may result from such releases using appropriate hazard assessment techniques, to design and maintain a safe facility taking such steps as are necessary to prevent releases, and to minimize the consequences of accidental releases which do occur.
(b) Nothing in this chapter shall be interpreted, construed, implied or applied to create any liability or basis for suit for compensation for bodily injury or any other injury or property damages to any person that may result from accidental releases of such substances.
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 › § 7706. Regulations.

§ 7706. Regulations.
(a) The Secretary may adopt, amend, modify or repeal regulations, after public hearing, to effectuate the policy and purpose of this chapter. Cost effectiveness, technical feasibility, risk to public health and risk reduction effectiveness are factors that must be considered by the Department in making its findings and developing regulations. In no case shall the costs of risk management program provisions be the deciding factor if the result would jeopardize the purpose of this chapter.
(b) When developing regulations, the Department shall establish an ad hoc committee of interested persons. When establishing this committee, the Department shall solicit the involvement of interested persons such as, but not limited to, the following:
Secretaries or their designees of the Department of Natural Resources and Environmental Control, the Department of Agriculture, the Department of Safety and Homeland Security and the Department of Health and Social Services; the State Fire Marshal or a designee; a member of the Delaware Chemical Industry Council; a member of the Delaware State Chamber of Commerce; a member of the Delaware City Community Awareness Emergency Response Committee; a member of the Citizens Advisory Committee to the Department of Natural Resources and Environmental Control; a member of the Delaware Petroleum Council; and citizens of the State representing public organizations with a concern for the environment. The Department Secretary (or a designated person) shall chair the committee.
(c) The regulations developed for this chapter by the Department shall be periodically reviewed.
(d) In addition, the Department shall develop cooperative agreements as needed with the Division of Public Health, the Department of Safety and Homeland Security, Office of the State Fire Marshal and any other private, public or federal agency.
66 Del. Laws, c. 417, §  1;  71 Del. Laws, c. 308, §  1;  74 Del. Laws, c. 110, §  138;
2023 Delaware Code › Title 7 - Conservation › Chapter 77. EXTREMELY HAZARDOUS SUBSTANCES RISK MANAGEMENT ACT › § 7708. Risk management plan.

§ 7708. Risk management plan.
(a) Prior to January 1, 1999, the Department shall develop regulations and appropriate guidance to aid the regulated facilities in Delaware in complying with their obligations to submit a RMP. It is the belief of the General Assembly that the federal database of facility RMPs can and should be used to replace the previous system of state registration.
(b) The Department shall have the authority to develop its own risk management plan submission process by regulation should the federal system fail to meet the needs of the Department in carrying out this chapter. Should the Department develop its own RMP submission process, the RMP shall be submitted in a method and format to a State central point as specified by the Department prior to June 21, 1999.
(c) Each facility RMP shall be made available by the Department to the State Emergency Response Commission, the Local Emergency Planning Committees, to other state agencies involved in emergency planning and preparedness and to citizens of the State.
71 Del. Laws, c. 308, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 77. EXTREMELY HAZARDOUS SUBSTANCES RISK MANAGEMENT ACT › § 7709. Risk management program.

§ 7709. Risk management program.
(a) The Department shall adopt, pursuant to § 7706 of this title, regulations stating the critical provisions of a risk management program. The provisions will include, but not be limited to:
(1) Design standards review.
(2) Modification control and documentation of equipment and procedural changes.
(3) Hazard review of all processes and equipment associated with EHS with an emphasis on preventing, avoiding, minimizing and containing extreme risks.
(4) Operating instructions.
(5) Maintenance and inspection procedures and requirements for all equipment in extremely hazardous substance services.
(6) Operator training program with a means of determining proficiency.
(7) Incident investigation procedures and remedial action requirement.
(8) Inspection and auditing requirements.
Compliance with each of these provisions must be documented by written records. Each of these provisions shall be updated as required.
(b) All persons with an actual quantity of an EHS that is equal to or exceeds the threshold quantity must implement a risk management program appropriate to the facility risk. Facilities built or modified on or after June 21, 1999, that have a process containing an EHS; or existing facilities implementing a new process containing an EHS; or existing facilities introducing a new EHS into an existing process, must implement a risk management program appropriate to the facility risk prior to introduction of the EHS to the process.
(c) Responsible person(s) are required to certify to the Department that a risk management program that meets Department criteria is in place at the facility. The certification statement that is part of the federal RMP facility submission may act to fulfill this requirement. The risk management program shall be available to the Department for review at each facility at scheduled inspections.
66 Del. Laws, c. 417, §  1;  70 Del. Laws, c. 239, §  1;  71 Del. Laws, c. 308, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 77. EXTREMELY HAZARDOUS SUBSTANCES RISK MANAGEMENT ACT › § 7711. Notification requirements.

§ 7711. Notification requirements.
Construction and operating permits shall be granted by state agencies for facilities and equipment involving extremely hazardous substances regulated under this chapter only after notification by those agencies to the Department and written confirmation by any person involved that the permit applicant has been notified of the requirements of this chapter and its regulations.
66 Del. Laws, c. 417, §  1;  71 Del. Laws, c. 308, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 77. EXTREMELY HAZARDOUS SUBSTANCES RISK MANAGEMENT ACT › § 7712. Information program.

§ 7712. Information program.
(a) The Department, assisted by the Division of Public Health of the Department of Health and Social Services and the Department of Safety and Homeland Security shall prepare and implement an information program designed to inform the general public, local public officials, and the business community about the requirements of this chapter and regulations adopted thereto, about the health risks of accidental releases of extremely hazardous substances and about means available to minimize the chances of accidental catastrophic releases of such substances.
(b) The information program must include information about current risk management programs of industrial companies and business establishments in Delaware as well as emergency plans, public and private, to protect the public in cases of catastrophic accidental releases of extremely hazardous substances. The Department may cooperate with other groups for purposes of this program.
(c) If a catastrophic release requires the public to take protective action, the Department shall use emergency alerts under § 3109(b)(2) of Title 20 to communicate instructions.
66 Del. Laws, c. 417, §  1;  69 Del. Laws, c. 458, §  1;  71 Del. Laws, c. 308, §  1;  74 Del. Laws, c. 110, §  138;  81 Del. Laws, c. 49, § 9;  81 Del. Laws, c. 374, § 38;  83 Del. Laws, c. 315, § 3;
2023 Delaware Code › Title 7 - Conservation › Chapter 77. EXTREMELY HAZARDOUS SUBSTANCES RISK MANAGEMENT ACT › § 7713. Fees.

§ 7713. Fees.
(a) The Department is authorized to charge and collect fees from persons with extremely hazardous substances pursuant to §§ 7707 and 7709 of this title. Fees shall be a minimum of $500 per year for the first whole unit and $25 per year for each additional unit to a maximum of 300 units.
(b) The Department may assess a fee to cover additional actual costs to the Department for any facility whose submitted RMP or whose risk management program records that are made available during inspection are inaccurate or incomplete to the extent that the RMP and/or inspection of the facility cannot be accomplished within a reasonable time. The Department shall include documentation with the assessment of its findings or condition of the records on which the assessment is based.
(c) All fees collected under this section are hereby appropriated to the Department for its use for the purposes of this chapter.
66 Del. Laws, c. 417, §  1;  68 Del. Laws, c. 86, §  10;  71 Del. Laws, c. 308, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 77. EXTREMELY HAZARDOUS SUBSTANCES RISK MANAGEMENT ACT › § 7714. Violations and penalties.

§ 7714. Violations and penalties.
(a) Whoever violates this chapter or any rule or regulation duly promulgated thereunder, shall be punishable by a civil penalty imposed by Superior Court of not less than $1,000 nor more than $10,000 per day per violation. In addition, the Secretary may seek injunctive or other relief in Chancery Court.
(b) (1) In the Secretary's discretion, the Secretary may impose an administrative penalty of up to $10,000 per day of violation whenever the Secretary determines that any person has failed to submit a complete risk management plan as required by § 7708 of this title or does not have a substantially complete risk management program in place as required by § 7709 of this title or does not comply with any provision of this chapter or rule or regulation duly promulgated thereunder. The Secretary may order those operations that present a real and imminent hazard to cease, after notification to the responsible person(s).
(2) Prior to assessment of an administrative penalty, written notice of the Secretary's proposal to impose such a penalty shall be given to the responsible person(s), and the responsible person(s) shall have 30 days from receipt of the notice to request a public hearing. Any public hearing, right of appeal and judicial appeal shall be conducted pursuant to § 7716 of this title. The amount of the administrative penalty shall be determined based on the nature, circumstances, extent and gravity of the violation or violations, and such other matters as justice may require.
(3) In the event of nonpayment of the administrative penalty after all legal appeals have been exhausted, a civil action may be brought by the Secretary in a court of competent jurisdiction for the collection of the administrative penalty, including interest, attorney's fees and costs. The validity and appropriateness of such administrative penalty shall not be subject to review.
(c) Any person who knowingly violates any applicable requirement of this chapter or of a risk management program or any person who knowingly makes a false statement, representation or certification in any application, record, report, plan or other document filed or required to be maintained under this chapter, or under any rule, regulation or order issued under this chapter, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required to be maintained under this chapter, shall upon conviction be subject to a criminal fine of not more than $25,000 per day per violation, or imprisonment for 1 year, or both. The Superior Court shall have jurisdiction of offenses under this subsection. The Secretary may order those operations that pose a hazard to the public to cease.
(d) Any expenses or civil or administrative penalties collected by the Department under this section are hereby appropriated to the Department to carry out the purposes of this chapter.
66 Del. Laws, c. 417, §  1;  71 Del. Laws, c. 308, §  1;  72 Del. Laws, c. 96, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 77. EXTREMELY HAZARDOUS SUBSTANCES RISK MANAGEMENT ACT › § 7715. Hearings.

§ 7715. Hearings.
Any public hearing held by the Secretary pursuant to this chapter shall be held in accordance with § 6006 of this title, as well as any additional notice and hearing requirements the Secretary has adopted by regulation.
66 Del. Laws, c. 417, §  1;  71 Del. Laws, c. 308, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 77. EXTREMELY HAZARDOUS SUBSTANCES RISK MANAGEMENT ACT › § 7716. Appeals.

§ 7716. Appeals.
(a) Any person or persons whose interest is substantially affected by any action of the Secretary may appeal to the Environmental Appeals Board in accordance with § 6008 of this title.
(b) Any person or persons, jointly or severally, or any taxpayer, or any officer, department, board or bureau of the State, aggrieved by any decision of the Environmental Appeals Board, may appeal to the Superior Court in accordance with § 6009 of this title.
66 Del. Laws, c. 417, §  1;  71 Del. Laws, c. 308, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 77. EXTREMELY HAZARDOUS SUBSTANCES RISK MANAGEMENT ACT › § 7717. Inconsistent laws superseded.

§ 7717. Inconsistent laws superseded.
All laws or regulations inconsistent with any provision of this chapter are hereby superseded to the extent of the inconsistency; provided however, that rights of a person or persons to recover damages shall not be affected by this chapter.
71 Del. Laws, c. 308, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 78. POLLUTION PREVENTION ACT › § 7802. Findings and purpose.

§ 7802. Findings and purpose.
(a) The General Assembly finds that:
(1) Whenever possible, the generation of waste should be reduced or eliminated as expeditiously as possible, and that waste that is generated should be recovered, reused, recycled, treated or disposed of in a manner that minimizes any present or future threats to human health or the environment;
(2) There may exist many promising technologies for the reduced generation of waste, for recovery, reuse, recycling and treatment of waste; and
(3) Financial commitments by public agencies and private industry for the expeditious development and implementation of waste reduction, recovery, reuse, recycling and treatment technologies depends upon further research as well as credible and timely demonstrations of economic viability, technical feasibility, environmental acceptability and reliability of this technology.
(b) Therefore the General Assembly declares:
(1) The purposes of this chapter are to enhance the protection of human health and the environment, and to establish a multi-media Pollution Prevention Program which will demonstrate and facilitate the potential for pollution prevention and waste minimization in Delaware through focusing on the following objectives:
a. Targeting industries and locations for technical assistance; and
b. Providing pollution prevention, education and outreach; and
(2) That it is the policy of this State, in concurrence with the Delaware Environmental Legacy Report, that waste that is generated should be, in order of priority, reduced at its source, recovered, reused, recycled, treated or disposed of so as to minimize the present and future threat to human health and the environment.
(c) It is the intent of this chapter to complement and be enforced in conjunction with other laws.
67 Del. Laws, c. 361, §  1;  70 Del. Laws, c. 499, §§  2, 3;
2023 Delaware Code › Title 7 - Conservation › Chapter 78. POLLUTION PREVENTION ACT › § 7803. Definitions.

§ 7803. Definitions.
As used in this chapter:
(1) “Department” means the Department of Natural Resources and Environmental Control.
(2) “Implementation Committee” means the Pollution Prevention Implementation Committee.
(3) “Multi-media” means all environmental media including, but not limited to, workplaces within facilities, water, land and air.
(4) “Person” means any individual, trust, firm, joint stock company, federal agency, corporation (including a government corporation), partnership, association, state, municipality, commission, political subdivision of a state or any interstate body.
(5) “Pollution prevention” means any practice which:
a. Reduces the amount of any hazardous substance, pollutant or contaminant entering any waste stream or otherwise released into the environment (including fugitive emissions) prior to recycling, treatment or disposal; and
b. Reduces the hazards to public health and the environment associated with the release of such substances, pollutants or contaminants.
The term includes equipment or technology modifications, process or procedure modifications, reformulation or redesign of products, substitution of raw materials and improvements in housekeeping, maintenance, training or inventory control.
The term “pollution prevention” does not include any practice which alters the physical, chemical or biological characteristics of the volume of a hazardous substance, pollutant or contaminant through a process or activity which itself is not integral to and necessary for the production of a product or the providing of a service.
(6) “Secretary” means the Secretary of the referenced state department or a duly authorized designee.
(7) “Trade secret” means any information concerning production processes employed or substances manufactured, processed or otherwise used within a facility which the Secretary of the Department has determined to be propriety information.
(8) “Waste” means, but is not limited to, those substances defined as such under Delaware Codes, or the regulations promulgated thereunder:
air pollution as defined in § 6002 of this title; hazardous waste as defined in § 6302 of this title; industrial waste as defined in § 6002 of this title; liquid waste as defined in § 6002 of this title; other wastes as defined in § 6002 of this title; refuse as defined in § 6002 of this title; rubbish as defined in § 6002 of this title; sewage as defined in § 6002 of this title; and solid waste as defined in § 6002 of this title.
67 Del. Laws, c. 361, §  1;  70 Del. Laws, c. 499, §§  2, 4;
2023 Delaware Code › Title 7 - Conservation › Chapter 78. POLLUTION PREVENTION ACT › § 7805. Trade secret protection.

§ 7805. Trade secret protection.
All trade secret information, written, verbal or observed, obtained pursuant to this chapter by the Department or any other state agency will be held as confidential unless such information is already a matter of public record or disclosure is required by law. Nothing in this section shall be construed as limiting the disclosure of information by the Department to any officer, employee or authorized representative of the state or federal government concerned with effecting this chapter. Prior to disclosure of trade secret information to an authorized representative who is not an officer or employee of the state or federal government, the person providing the trade secret information may require the representative to sign an agreement prohibiting disclosure of such information to anyone not authorized by this chapter or the terms of the agreement. Such agreement shall not preclude disclosure by the representative to any state or federal government officer or employee concerned with effecting this chapter. Any person who, by virtue of obtaining access to confidential trade secret information and knowing that disclosure is prohibited, knowingly and wilfully discloses the information to any person not entitled to receive it shall be in violation of this chapter and subject to disciplinary actions provided by the Merit Rules, including dismissal.
67 Del. Laws, c. 361, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 79. ENVIRONMENTAL PERMIT APPLICATION BACKGROUND STATEMENT › Subchapter I. Environmental Permit Application Background Statement › § 7901. Findings; purpose.

§ 7901. Findings; purpose.
(a) The General Assembly finds that:
(1) The discharge of pollutants to Delaware's air and water, and the management and disposal of solid and hazardous wastes in Delaware's environment can create significant risks to public health and environmental quality;
(2) The protection of Delaware's coastal zone and subaqueous lands from environmental degradation is a matter of public trust as demonstrated by the enactment of the Delaware Coastal Zone Act, Chapter 70 of Title 7, and the Delaware Subaqueous Lands Act, Chapter 72 of Title 7;
(3) The public has a right to clean air and water, and otherwise to a healthy environment; and
(4) Because of the importance of these resources to the health and welfare of Delaware citizens, the State has a right and responsibility to ensure that those regulated parties obtaining permits to discharge pollutants, manage wastes, or make commercial use of the coastal zone and the State's subaqueous lands can be trusted to carry out the responsibilities and conditions of these permits.
(b) It is the purpose of this subchapter to ensure that the State has adequate information about the background of applicants or regulated parties for the purposes of processing permits and conducting other regulatory activities associated with stormwater management, NPDES, oil pollution liability, air, hazardous waste, solid waste, commercial subaqueous, wetlands, coastal zone, underground storage tank, extremely hazardous substances, hazardous substances cleanup and emergency planning and community right-to-know under the authority of Chapters 40, 60, 62, 63, 66, 70, 72, 74, 74A, 77, 78 and 91 of this title, Chapter 63 of Title 16, and § 8028 of Title 29. This includes the ability to identify applicants or regulated parties with histories of environmental violations or criminal activities and/or associations or applicants who cannot demonstrate the required responsibility, expertise or competence which is necessary for the proper operation or activity permitted by the Department.
(c) The purpose of chronic violator status is to provide a mechanism for preventing or correcting circumstances in which:
(1) One or more of the traditional enforcement tools and regulatory programs of the Department appear insufficient to conform behavior and deter future violations by the regulated party; or
(2) The regulated party appears to be treating penalties and other sanctions as merely an on-going business expense rather than as symptomatic of underlying problems and threats to the State's environment that must be addressed and corrected.
68 Del. Laws, c. 419, §  1;  73 Del. Laws, c. 117, §  5;  78 Del. Laws, c. 177, §§  1-3;
2023 Delaware Code › Title 7 - Conservation › Chapter 79. ENVIRONMENTAL PERMIT APPLICATION BACKGROUND STATEMENT › Subchapter I. Environmental Permit Application Background Statement › § 7903. Confidential information.

§ 7903. Confidential information.
(a) All information provided pursuant to § 7902 of this title shall be considered public information and shall be considered part of the public record pertaining to the permit application.
(b) Notwithstanding subsection (a) of this section, information provided in response to a request from the Department for information to enable a positive and accurate identification of the person signing the application and statement, which is ordinarily understood to constitute private and sensitive personal information, including without limitation, driver's license state and number and date of birth, shall not be made public or be deemed a public record by the Department except as may be necessary in its investigation and enforcement activities and proceedings. For other information, if the applicant can demonstrate that the information provided pursuant to § 7902 of this title is not a matter of public record at the time of the application, and that the release of such information to the public would constitute an invasion of personal privacy or would seriously affect the applicant's business or competitive situation, the Department may designate such information as confidential information.
(c) Confidential information shall not be released to the public or made part of the public record and shall only be released to law enforcement personnel performing the background investigation, authorized representatives of the office of the Attorney General, or sworn law enforcement personnel of other jurisdictions performing similar investigations on the applicant.
68 Del. Laws, c. 419, §  1;  74 Del. Laws, c. 170, §  1;  78 Del. Laws, c. 177, §§  10, 11;
2023 Delaware Code › Title 7 - Conservation › Chapter 79. ENVIRONMENTAL PERMIT APPLICATION BACKGROUND STATEMENT › Subchapter I. Environmental Permit Application Background Statement › § 7905. Additional information; duty to cooperate.

§ 7905. Additional information; duty to cooperate.
All applicants, regulated parties and permittees have the continuing duty to provide any assistance or information requested by the Department, and to cooperate in an inquiry or investigation or hearing conducted by the Department.
68 Del. Laws, c. 419, §  1;  78 Del. Laws, c. 177, §  16;
2023 Delaware Code › Title 7 - Conservation › Chapter 79. ENVIRONMENTAL PERMIT APPLICATION BACKGROUND STATEMENT › Subchapter I. Environmental Permit Application Background Statement › § 7906. Penalties for chronic violators.

§ 7906. Penalties for chronic violators.
In addition to other applicable enforcement provisions contained in relevant sections of chapters covered by § 7901(b) of this title, the Secretary is authorized to impose an administrative penalty of up to $10,000 per day for each violation against any regulated party that is determined to be a chronic violator in accordance with the provisions of § 7904(a) of this title, provided that simultaneous violations of more than 1 pollutant or air contaminant parameter or of any other limitation or standard may be treated as separately punishable violations within each day, and multiple, intermittent violations of a single pollutant or air contaminant parameter or any other limitation or standard may be treated as separately punishable violations within each day. Any administrative penalties collected by the Department under this section are hereby appropriated pursuant and subject to the procedures and requirement of § 6005(d) of this title.
73 Del. Laws, c. 117, §  8;  70 Del. Laws, c. 186, §  1;  78 Del. Laws, c. 177, §  17;
2023 Delaware Code › Title 7 - Conservation › Chapter 79. ENVIRONMENTAL PERMIT APPLICATION BACKGROUND STATEMENT › Subchapter II. Uniform Environmental Covenants Act › § 7907. Definitions.

§ 7907. Definitions.
As used in this subchapter:
(1) “Activity and use limitations” means restrictions or obligations with respect to real property created under this subchapter.
(2) “Common interest community” means a condominium or other real property with respect to which a person, by virtue of the person's ownership of a parcel of real property, is obligated to pay for property taxes, insurance premiums, maintenance, or improvement of other real property described in a recorded covenant that creates the common interest community.
(3) “Department” means the Department of Natural Resources and Environmental Control (DNREC).
(4) “Environmental covenant” means a servitude arising under an environmental response project that imposes activity and use limitations.
(5) “Environmental response project” means a plan or work performed for environmental remediation of real property, conducted:
a. Under a federal or state program governing environmental remediation of real property, including Chapter 91 of this title, Delaware Hazardous Substance Cleanup Act (HSCA), Chapter 74 of this title, the Delaware Underground Storage Tank Act, and Chapter 74A of this title, the Jeffrey Davis Aboveground Storage Tank Act;
b. Incident to closure of a solid or hazardous waste management unit, if the closure is conducted with approval of the Department; or
c. Under a state voluntary cleanup program authorized in Chapters 60, 63, 74, 74A and 91 of this title.
(6) “Holder” means a person that is the grantee of an environmental covenant.
(7) “Owner” means a person that owns a fee simple interest in real property that is subject to an environmental covenant.
(8) “Person” means any individual, trust, firm, joint stock company, federal agency, partnership, corporation (including a government corporation or authority), limited liability company, association, state, municipality, commission, political subdivision of a state or any interstate body.
(9) “Record,” when used as a noun, means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(10) “Secretary” means the Secretary of the Department of Natural Resources and Environmental Control or the Secretary's duly authorized designee.
(11) “State” means the State of Delaware, in the United States.
75 Del. Laws, c. 206, §  1;  70 Del. Laws, c. 186, §  1;  79 Del. Laws, c. 440, §  10;
2023 Delaware Code › Title 7 - Conservation › Chapter 79. ENVIRONMENTAL PERMIT APPLICATION BACKGROUND STATEMENT › Subchapter II. Uniform Environmental Covenants Act › § 7908. Nature of rights; subordination of interests.

§ 7908. Nature of rights; subordination of interests.
(a) The interest of a holder is an interest in real property. The rights of the Department under this subchapter or under an approved environmental covenant, other than as a holder, are not interests in real property.
(b) The Department is bound by the obligations it assumes in an environmental covenant, but the Department does not assume obligations merely by approving an environmental covenant.
(c) The following rules apply to interests in real property in existence at the time an environmental covenant is created or amended:
(1) A prior interest is not affected by an environmental covenant unless the owner of the interest is a party to the covenant or subordinates its interest to the covenant.
(2) This act does not require an owner of a prior interest to subordinate that interest to an environmental covenant or to agree to be bound by the covenant.
(3) A subordination agreement may be contained in an environmental covenant covering real property or in a separate record or, if the environmental covenant covers commonly owned property in a common interest community, in a record signed by any person authorized by the governing board of the owners' association.
(4) An agreement by a person to subordinate a prior interest to an environmental covenant affects the priority of that person's interest but does not by itself impose any affirmative obligation on the person with respect to the environmental covenant.
75 Del. Laws, c. 206, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 79. ENVIRONMENTAL PERMIT APPLICATION BACKGROUND STATEMENT › Subchapter II. Uniform Environmental Covenants Act › § 7909. Contents of environmental covenant.

§ 7909. Contents of environmental covenant.
(a) An environmental covenant must:
(1) State that the instrument is an environmental covenant executed pursuant to this subchapter.
(2) Contain a legally sufficient description of the real property subject to the covenant;
(3) Describe the activity and use limitations on the real property;
(4) Identify the holder which may be an owner or agency;
(5) Be signed by the Department, all owners of the real property subject to the covenant and the holders with the formalities for a deed; and
(6) Identify the name and location of any administrative record for the environmental response project reflected in the environmental covenant.
(b) In addition to the information required by subsection (a) of this section, an environmental covenant may contain other information, restrictions, and requirements agreed to by the persons who signed it, including any:
(1) Requirements for notice following transfer of a specified interest in, or concerning proposed changes in use, applications for building permits, or proposals for any site work affecting the contamination on, the property subject to the covenant;
(2) Requirements for periodic reporting describing compliance with the covenant;
(3) Rights of access to the property granted in connection with implementation or enforcement of the covenant;
(4) A brief narrative description of the contamination and remedy, including the contaminants of concern, the pathways of exposure, limits on exposure, and the location and extent of the contamination;
(5) Restriction or limitation on amendment or termination of the covenant in addition to those contained in §§ 7913 and 7914 of this title; and
(6) Rights of the holder in addition to its right to enforce the covenant pursuant to § 7915(c) of this title.
The Department may refuse to sign an environmental covenant for any reason.
75 Del. Laws, c. 206, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 79. ENVIRONMENTAL PERMIT APPLICATION BACKGROUND STATEMENT › Subchapter II. Uniform Environmental Covenants Act › § 7910. Validity.

§ 7910. Validity.
(a) An environmental covenant that complies with this subchapter runs with the land.
(b) An environmental covenant that is otherwise effective is valid and enforceable even if:
(1) It is not appurtenant to an interest in real property;
(2) It can be or has been assigned to a person other than the original holder;
(3) It is not of a character that has been recognized traditionally at common law;
(4) It imposes a negative burden;
(5) It imposes an affirmative obligation on any person having an interest in the real property or on the holder;
(6) The benefit or burden does not touch or concern real property;
(7) There is no privity of estate or contract;
(8) The holder dies, ceases to exist, resigns, or is replaced; or
(9) The persons identified as owner and holders in the environmental covenant are the same person.
(c) An instrument that creates activity and use limitations designed to protect human health or the environment and that was agreed to before July 21, 2005, is not invalid or unenforceable by reason of any of the limitations on enforcement of interests described in subsection (b) of this section or because it was identified as an easement, servitude, deed restriction, or other interest. This subchapter does not apply in any other respect to such an instrument.
(d) This subchapter does not invalidate or render unenforceable any interest, whether designated as an environmental covenant or other interest that is otherwise enforceable under the law of this state.
75 Del. Laws, c. 206, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 79. ENVIRONMENTAL PERMIT APPLICATION BACKGROUND STATEMENT › Subchapter II. Uniform Environmental Covenants Act › § 7911. Relationship to other land use law.

§ 7911. Relationship to other land use law.
This subchapter does not authorize a use of real property that is otherwise prohibited by zoning or by law other than this subchapter regulating use of real property, or by a recorded instrument that has priority over the environmental covenant. An environmental covenant may prohibit or restrict uses of real property which are authorized by zoning or by law other than this subchapter.
75 Del. Laws, c. 206, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 79. ENVIRONMENTAL PERMIT APPLICATION BACKGROUND STATEMENT › Subchapter II. Uniform Environmental Covenants Act › § 7912. Notice.

§ 7912. Notice.
(a) The owner or another person designated by the Department shall provide a copy of a signed environmental covenant as required by the Department to:
(1) All persons who signed the covenant;
(2) All persons holding a recorded interest in the real property subject to the covenant;
(3) All persons in possession of the real property subject to the covenant;
(4) Each municipality or other unit of local government in which real property subject to the covenant is located; and
(5) Any other persons the Department requires.
(b) Failure to provide a copy of the covenant as required by the Department does not affect the covenant's validity.
75 Del. Laws, c. 206, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 79. ENVIRONMENTAL PERMIT APPLICATION BACKGROUND STATEMENT › Subchapter II. Uniform Environmental Covenants Act › § 7913. Recording.

§ 7913. Recording.
(a) An environmental covenant and any amendment or termination of the covenant must be recorded in every county in which any portion of the real property subject to the covenant is located. A recorded environmental covenant or a notice recorded pursuant to § 7914 of this title must be indexed in the grantor's index in the names of the owners of the real property subject to the covenant and in the grantee's index in the name of the holder.
(b) Except as otherwise provided in § 7908(c) of this title, an environmental covenant is subject to the laws of this state governing recording and priority of interests in real property. Recording of a covenant pursuant to the law of this state provides the same constructive notice of the covenant as the recording of a deed provides of an interest in real property.
75 Del. Laws, c. 206, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 79. ENVIRONMENTAL PERMIT APPLICATION BACKGROUND STATEMENT › Subchapter II. Uniform Environmental Covenants Act › § 7914. Duration.

§ 7914. Duration.
(a) An environmental covenant is perpetual unless:
(1) Limited by its terms to a specific duration or the occurrence of a specific event;
(2) Terminated by consent pursuant to § 7915 of this title; [or]
(3) Terminated pursuant to subsection (b) of this section or
(4) Terminated or modified by judicial decree in an eminent domain proceeding, if:
a. The Department consents to the judicial action; and
b. All persons identified in § 7915(a) and (b) of this title are given notice of the pendency of the eminent domain proceeding.
(b) A judicial decree terminating an environmental covenant or reducing its burden on the real property subject to the covenant under the doctrine of changed circumstances may be rendered only after:
(1) All persons identified in § 7915(a) and (b) of this title are given notice of the pendency of the judicial proceeding in which the determination is sought; and
(2) The Department has filed a determination with the court that the intended benefits of the original covenant can no longer be realized.
(c) Notwithstanding anything to the contrary contained in this subchapter, an environmental covenant may be amended or terminated if the environmental covenant:
(1) No longer serves its intended purpose;
(2) No longer provides the intended benefits;
(3) No longer or does not provide for protection of human health or the environment; or
(4) Becomes unnecessary because of changed circumstances, including changes in law, regulation or ordinances.
Any person having an interest in real property subjected to an environmental covenant shall be entitled to apply to the Department for amendment or termination of the environmental covenant in accordance with the procedures set forth in § 6004 of this title. Any decision of the Secretary regarding an amendment or termination of an environmental covenant shall be subject to appeal in accordance with the procedures provided for appeals under subchapter II of Chapter 60 of this title. If an environmental covenant is amended or terminated the amended environmental covenant or notice of termination shall be recorded in accordance with requirements set forth in § 7913 of this title.
(d) Except as otherwise provided in subsections (a) and (b) of this section, an environmental covenant may not be extinguished, limited, or impaired through issuance of a tax deed, foreclosure of a tax lien, or application of the doctrine of adverse possession, prescription, abandonment, waiver, or lack of enforcement, or any similar doctrine.
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 › § 7915. Amendment or termination by consent.

§ 7915. Amendment or termination by consent.
(a) An environmental covenant may be amended or terminated by consent only if the amendment or termination is signed by:
(1) The Department Secretary;
(2) The current owner;
(3) Each person that originally signed the covenant unless:
a. The person waived the right to consent in a signed record;
b. The person fails to respond to a notice, requesting their consent to amendment or termination, delivered by certified mail to their last known address, as obtained from the U.S. Postal Service, within 45 days after delivery of such notice; or
c. Unless a court finds that the person no longer exists or cannot be located or identified with the exercise of reasonable diligence; and
(4) Except as otherwise provided in subsection (d) of this section, the holder.
(b) A person that subordinates its interest to an environmental covenant is not affected by an amendment of the covenant unless the person consents to the amendment or waives the right to consent to future amendments in a signed record.
(c) Except for an assignment undertaken pursuant to a governmental reorganization, assignment of an environmental covenant to a new holder is an amendment.
(d) Except as otherwise provided in the covenant:
(1) A holder may not assign its interest without consent of the other parties;
(2) A holder may be removed and replaced by agreement of the other parties specified in subsection (a) of this section; and
(3) A court of competent jurisdiction may fill a vacancy in the position of holder.
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 › § 7916. Enforcement of environmental covenant.

§ 7916. Enforcement of environmental covenant.
(a) A civil action for injunctive or other equitable relief for violation of an environmental covenant may be maintained by:
(1) A party to the covenant;
(2) The Department or,
(3) Any other person to whom the covenant expressly grants power to enforce;
(4) A person whose interest in the real property or whose collateral or liability may be affected by the alleged violation of the covenant; and
(5) A municipality or other unit of local government in which the real property subject to the covenant is located.
(b) This act does not limit the regulatory authority of the Department under law other than respect to an environmental response project.
(c) A person is not subject to liability for environmental remediation solely because it has the right to enforce an environmental covenant.
75 Del. Laws, c. 206, §  1;