Delaware Property Transfer regulations & environmental compliance analysis

Delaware Property Transfer: What you need to know

Governing Law and Regulations

Hazardous waste sites: 7 Delaware Administrative Code (DE Admin Code) 1302.264.119

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Solid waste sites: 7 DE Admin Code 1301

Regulatory Agency

Department of Natural Resources and Environmental Control (DNREC) Division of Air and Waste Management

DNREC Division of Water Resources

See ADDRESSES & CONTACTS for addresses and telephone numbers.

See national section for basic information and federal regulations.

Comparison: State vs. Federal

Rules. Delaware does not have specific property transfer laws that go beyond the federal requirements. Department of Natural Resources and Environmental Control (DNREC) does require disclosure and deed notifications at sites that were used for hazardous or solid waste disposal. In addition, owners of regulated underground storage tanks must notify DNREC and the new owner of the presence of these units before property transfer.

Administration and enforcement. DNREC's Division of Air and Waste Management is responsible for administering and enforcing the property transfer requirements in Delaware.

State Requirements

OVERVIEW

Any site that has an environmental permit will typically require agency notification indicating that an ownership change is anticipated, with a certification that all existing permit requirements will be met by the future owner. This can often be completed by submitting a permit transfer form, but some sites may require a new permit application depending on their status.

A change of stock, title, and real estate ownership are all considered a transfer subject to agency notification.

ASSOCIATED SECTIONS

For more information on contaminated sites, see the state section SUPERFUND. In addition to this section, management of older ...


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Delaware Property Transfer Resources

Type Title
Forms Well Disclosure Certificate
See all Property Transfer Resources