Delaware Superfund regulations & environmental compliance analysis

Delaware Superfund: 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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Hazardous substance cleanup regulations: 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 its own Superfund program for the cleanup of contaminated sites. The HSCA provides enforcement authority, establishes the Hazardous Substance Cleanup Fund (HSCF), and provides for a priority list. The HSCA is similar to the federal Superfund program, established under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).

Administration and enforcement. SIRB is responsible for the identification, evaluation, and remediation of hazardous waste sites in Delaware. SIRB manages both the federal and state Superfund programs and enforces the state Superfund rules. However, EPA's Region 3 office enforces the federal Superfund rules under CERCLA.

State Requirements

OVERVIEW

In 1990, Delaware enacted HSCA to deal with other potentially harmful sites in the state that will not receive the attention of the federal government. Delaware's program is also known as the Site Investigation and Restoration Program. In July 1995, HSCA was amended to encourage voluntary cleanup of sites and restoration of "brownfields." See the state section BROWNFIELDS for additional guidance.

LIABILITY


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