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DE SB198

Bill

Status

Enrolled

6/30/2014

Primary Sponsor

David McBride

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Origin

Senate

147th General Assembly

AI Summary

  • Adds comprehensive definitions for "fiduciary," "lender," "security interest," and related terms to clarify liability protections for banks, trustees, executors, and other financial entities holding contaminated properties as collateral or in trust

  • Protects lenders from environmental cleanup liability if they hold security interests without "participating in management" of the facility, defining participation narrowly as exercising decision-making control over environmental compliance or day-to-day operations

  • Shields fiduciaries from personal liability for contaminated properties they administer, limiting their exposure to assets held in the fiduciary capacity, provided they did not cause the contamination through negligence

  • Allows the Department to issue cleanup orders to potentially responsible parties without holding a prior public hearing, but requires written notice and permits parties to request a hearing within 30 days

  • Authorizes direct payments from the Hazardous Substance Cleanup Fund to certified environmental consultants who perform remedial work, rather than requiring reimbursement through the property developer

Legislative Description

An Act To Amend Title 7 Of The Delaware Code Relating To The Delaware Hazardous Substance Cleanup Act.

Last Action

Passed by House of Representatives. Votes: Passed 38 YES 1 NO 2 NOT VOTING 0 ABSENT 0 VACANT

6/30/2014

Committee Referrals

Natural Resources5/29/2014
Natural Resources & Environmental Control4/29/2014

Full Bill Text

No bill text available