The following words and phrases shall have the meanings ascribed to them in this chapter unless the context clearly indicates otherwise:

(1) “Claim” shall mean a demand in writing for damages.

(2) “Claimant” shall mean anyone who asserts a claim.

(3) “Cleanup costs” shall mean costs of reasonable measures taken, after an incident has occurred, to prevent, minimize or mitigate further oil pollution from that incident.

(4) “Discharge” shall mean any emission, intentional or unintentional, and shall include spilling, leaking, pumping, pouring, emptying or dumping.

(5) “Facility” shall mean a structure or group of structures (other than a vessel or vessels) including trucks, pipelines, bulk storage tanks and tank cars, used for the purpose of transporting, producing, processing, storing, transferring or handling oil.

(6) “Guarantor” shall mean the person, other than the owner or operator, who provides evidence of financial responsibility for an owner or operator.

(7) “Incident” shall mean any occurrence or series of occurrences, involving 1 or more vessels, facilities or any combination thereof, which causes or poses any threat of oil pollution in or upon the waters and lands of the State.

(8) “Offshore facility” means any facility of any kind located in, on, or under any of the navigable waters of the United States, and any facility of any kind which is subject to the jurisdiction of the United States and is located in, on, or under any other waters, other than a vessel or a public vessel;

(9) “Oil” shall mean oil of any kind or in any form, including petroleum, fuel oil, sludge, oil refuse, and oil mixed with wastes other than dredged spoil, but does not include any substance which is specifically listed or designated as a hazardous substance under § 101(14)(A)-(F) of the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. § 9601) and which is subject to the provisions of that Act (42 U.S.C. § 9601 et seq.) enacted as of June 6, 2013.

(10) “Oil pollution” shall mean any discharge of oil that results in a film on, emulsion in or sludge beneath the waters of the State or its shoreline.

(11) “Operator” shall mean:

a. In the case of a vessel, a charterer by demise or any other person who is responsible for the operation, manning, victualing and supplying of the vessel; or

b. In the case of a facility, any person responsible for the operation of the facility by agreement with the owner.

(12) “Owner” shall mean any person holding title to, or, in the absence of title, any other indicia of ownership of a vessel or facility, but does not include a person having only a security interest in, or security title to, a vessel or facility, under a contract of conditional sale, an equipment trust, a chattel or corporate mortgage, a lease which is the functional equivalent of an extension of credit or any similar instrument.

(13) “Person” shall mean an individual, firm, corporation, association or partnership.

(14) “Person in charge” shall mean the individual immediately responsible for the operation of a vessel or facility.

(15) “Refinery” shall mean a terminal which receives crude oil for the purpose of refinement.

(16) “Secretary” shall mean the Secretary of the Department of Natural Resources and Environmental Control.

(17) “Terminal” shall mean a facility, located within the boundaries of the State which receives oil in bulk directly from any vessel, offshore production facility, offshore port facility or onshore pipeline.

(18) “Vessel” shall mean every description of watercraft or other artificial contrivance used, or capable of being used, as a means of water transportation.

(19) “Waters of the State” shall mean those waters within the boundaries of the State as defined in § 201 of Title 29, including those waters of the territorial sea which are in direct contact with the coast of Delaware and extending from the line of ordinary low water seaward for a distance of 3 geographical miles.

61 Del. Laws, c. 127, § 1; 79 Del. Laws, c. 38, § 1.