Delaware Brownfields regulations & environmental compliance analysis

Delaware Brownfields: What you need to know

Governing Law and Regulations

Delaware Hazardous Substance Cleanup Act (HSCA): 7 Delaware Code (Del. C.) 9101 to 9120

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Regulations governing hazardous substance cleanup: 7 Delaware Administrative Code (DE Admin Code) 1375

Regulatory Agencies

Delaware Department of Natural Resources and Environmental Control (DNREC) Division of Air and Waste Management (DAWM) Site Investigation and Restoration Branch (SIRB)

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

See ADDRESSES & CONTACTS for addresses and telephone numbers.

See national section for basic information and federal regulations.

Comparison: State vs. Federal

Rules. Delaware has established the state Hazardous Substance Voluntary Cleanup Program (VCP) under HSCA to address contaminated sites, with financial assistance and assistance to encourage current and potential property owners to redevelop contaminated sites. For additional guidance, see the national section BROWNFIELDS.

Administration and enforcement. DNREC's DAWM administers and enforces the VCP in Delaware.

State Requirements

SITE INVESTIGATION AND RESTORATION PROGRAM

The purpose of HSCA is to require prompt containment and removal of hazardous substances and to eliminate or minimize the risk to public health, welfare, and the environment from the release of hazardous substances. HSCA provides for a fund to be used to clean up facilities where viable responsible parties cannot be identified. For facilities where responsible parties are identified, HSCA provides authority to DNREC to enforce cleanup at the responsible parties' expense.

DNREC adopted regulations in April 1994 that establish the procedures to identify, investigate, and clean up facilities where a release of hazardous substances ...


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