HB 95 Summary

• Amends Delaware Code Title 7 to establish environmental liens allowing the State to recover costs incurred for environmental remediation on real property owned by liable parties.

• Environmental liens attach to property upon (1) notice sent by certified/registered mail at least 30 days prior to lien effectiveness, (2) filing notice with the county Recorder of Deeds at least 30 days prior, and (3) incurrence of State costs for remedial activities.

• Liens have priority over all other liens and encumbrances perfected after the lien's recording date, except for liens predating the environmental lien, and cannot be discharged in bankruptcy proceedings.

• Property owners may contest liens through the Environmental Appeals Board or Court of Chancery and may discharge liens by depositing funds or security with the court while disputes are pending; court may award damages up to twice the overstated amount if a disputed claim is found grossly overstated.

• Applies environmental lien provisions to underground storage tank remediation under Title 7 Chapter 74 and aboveground storage tank remediation under Chapter 74A, with certain exemptions for specific tank classifications.