Delaware Financial Responsibility regulations & environmental compliance analysis

Delaware Financial Responsibility: What you need to know

Governing Law and Regulations

Solid waste:

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Solid waste disposal facilities: 7 Delaware Administrative Code (DE Admin Code) 1301.4.1.11.2 to 1301.4.1.11.5

Solid waste transporters: 7 DE Admin Code 1301.7.2.4

Aboveground storage tanks (ASTs): 7 DE Admin Code 1352 (Part D)

Regulatory Agencies

Delaware Department of Natural Resources and Environmental Control (DNREC)

Delaware Solid Waste Authority (DSWA)

U.S. Environmental Protection Agency (EPA) Region 3

See national section for basic information and federal regulations.

Comparison: State vs. Federal

Rules. Delaware generally follows the federal financial responsibility requirements, with additional state requirements for solid waste facilities, solid waste transporters, and aboveground storage tanks (ASTs). See the national section FINANCIAL RESPONSIBILITY for federal rule guidance.

Delaware follows the federal financial responsibility rules for underground storage tanks (USTs). The state UST response fund does not satisfy financial responsibility requirements. See the state section UNDERGROUND STORAGE TANKS for a summary of the UST Response Fund.

Administration and enforcement. The Delaware Department of Natural Resources and Environmental Control (DNREC), with some oversight from the U.S. Environmental Protection Agency (EPA) Region 3 office, is responsible for the administration and enforcement of the state's financial responsibility rules.

State Requirements

FINANCIAL ASSURANCE

In Delaware, there are several financial assurance mechanisms that owners or operators may use alone, or in combination, to demonstrate that they meet financial responsibility requirements sufficient to cover costs of cleanup of environmental damage caused by a spill or a leak and third-party ...


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