(a) Not later than the date of termination of all business or other activities at an establishment or the date of filing for liquidation under the federal Bankruptcy Code [11 U.S.C. § 101 et seq.], the owner or operator of the establishment shall file a notice with the Secretary which must include information regarding the person or persons employed by the establishment who will be responsible for providing information regarding compliance with this section.
(b) Not later than 90 days after the termination of all business or other activities at an establishment, the owner or operator of the establishment, or a trustee if the owner or operator is in bankruptcy, shall:
(1) Submit to the Secretary a list of all chemical and hazardous substances at the establishment, where they are located and how they are stored, contained, stockpiled or otherwise located. Notwithstanding the foregoing, “releases” as defined in § 9103 of this title are excluded;
(2) Submit a plan to the Secretary for the emptying, draining, removal, use, sale, recycling, or otherwise disposal of all chemicals or hazardous substances in accordance with applicable law or in accordance with any order of the Bankruptcy Court in the event of bankruptcy filing;
(3) Post warning signs with up-to-date contact information around the perimeter of any parcel where the soil is contaminated with a hazardous substance to a level that poses potential risk to human health or the environment;
(4) Submit a certification to the Secretary with regard to whether chemicals or hazardous substances identified in paragraph (b)(1) of this section have been removed from the parcel in accordance with applicable law; and
(5) Maintain personnel, utilities, security, site management and other measures necessary to stabilize and secure the site.
(c) Following receipt of the required submittals under subsection (b) of this section, the Secretary shall, within 30 days, conduct an inspection of the parcel and/or the establishment to determine compliance with this section.
76 Del. Laws, c. 220, § 1; 79 Del. Laws, c. 441, § 1.
Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.
LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.
The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.
You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.
The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.
Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.