CHAPTER 323
FORMERLY
HOUSE BILL NO. 318
AS AMENDED BY HOUSE AMENDMENT NO. 1
AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE RELATING TO UNDERGROUND UTILITY DAMAGE PREVENTION AND SAFETY.
WHEREAS, the Department of Natural Resources and Environmental Control is charged with protecting public health, welfare and the environment in the State; and
WHEREAS, the Department of Natural Resources and Environmental Control has cleaned up, or has overseen the clean up, of numerous contaminated sites in the State, and has information on other sites which still need to be cleaned up; and
WHEREAS, prior to being, or after having been, cleaned up, numerous parcels of land throughout the State may still contain solid wastes, hazardous wastes, hazardous substances, pollutants or contaminants; and
WHEREAS, demolition or excavation activities on such parcels of land may be subject to regulation by the Department of Natural Resources and Environmental Control under statutes and regulations administered by it; and
WHEREAS, effective protection of public health, welfare and the environment from the risks associated with the demolition or excavation of these parcels of land may require the oversight or approval of such activities by the Department of Natural Resources and Environmental Control.
NOW, THEREFORE:
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend § 802, Title 26 of the Delaware Code by redesignating subsections (5)-(12) as (6)-(13).
Section 2. Further Amend § 802, Title 26 of the Delaware Code by inserting a new subsection, designated as subsection (5), which new subsection shall read as follows:
“(5) ‘DNREC Regulated Site’ shall mean any parcel of land, or portion thereof, for which a final permit, remediation plan, institutional or administrative control, use restriction, or similar limitation is imposed under the authority ranted to the Department of Natural Resources and Environmental Control under 7 Delaware Code and for which due process opportunities have been provided.”.
Section 3. Amend § 807(b), Title 26 of the Delaware Code by adding thereto a new paragraph, designated as paragraph (10), which new paragraph shall read as follows:
“(10) Promptly transmit to the appropriate contact of DNREC the information contained in the notice by excavators or designers of intended excavation or demolition activity as to any DNREC Regulated Site.”.
Section 4. Amend § 811, Title 26 of the Delaware Code by adding thereto a new subsection, designated as subsection “(c)”, which new subsection shall read as follows:
“(c) Failure by DNREC to notify or otherwise contact an excavator or designer prior to a properly noticed excavation or demolition at any DNREC Regulated Site shall not relieve such excavator or designer from complying with all applicable Federal, State, County or Municipal laws or regulations, nor shall it create any liability in DNREC for any damage or injury resulting from any such excavation or demolition.”.