CHAPTER 322
FORMERLY
HOUSE SUBSTITUTE NO. 1
FOR
HOUSE BILL NO. 200
AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO PUBLIC NOTIFICATION OF PROPERTY CONTAMINATED BY HAZARDOUS SUBSTANCES.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE :
Section 1. Amend § 9107, Title 7 of the Delaware Code, by redesignating subsection (a) as (a)(2).
Section 2. Amend § 9107, Title 7 of the Delaware Code, by inserting a new subsection, to be designated as subsection (a)(1), to read as follows:
“(a)(1) When the Secretary or his or her designee has determined that a release or imminent threat of a release of a hazardous substance as defined herein will require a remedy, the Secretary shall, within twenty days of such determination, provide public notice of that fact. The Secretary shall likewise provide public notice within twenty days after entering into negotiations for a voluntary cleanup settlement agreement with any person that agrees to perform a remedy. Such public notice shall be published in a newspaper of general circulation in the county in which the facility is located. Such notice shall also be provided to:
(i) all elected members of the General Assembly in whose district such facility, or any part thereof, lies;
(ii) if the facility, or any part thereof, is located within the boundaries of any municipality, then such notice shall also be given to the governing body of all municipalities in which the facility, or any part thereof, lies;
(iii) in the event the facility, or any part thereof, is not located within the boundaries of a municipality, then such notice shall also be given to the governing body of the county in which the facility, or any part thereof, lies; and
(iv) the governing body of any civic, neighborhood or similar association in which the facility, or any part thereof, lies; provided, that such association makes itself known to the Department and provides a legal mailing address.”