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DE HB208

Bill

Status

Passed

7/31/2019

Primary Sponsor

Debra Heffernan

Click for details

Origin

House of Representatives

150th General Assembly

AI Summary

  • Amends Delaware's Hazardous Substance Cleanup Act to align with federal CERCLA amendments regarding liability for contaminated properties.

  • Exempts state, county, and municipal government entities from liability as "owners or operators" when they acquire property through exercise of lawful governmental authority such as bankruptcy, tax delinquency, abandonment, or law enforcement seizure.

  • Expands exemption to include land banks created under Delaware's Neighborhood Conservation and Land Banking Act when they acquire contaminated properties in accordance with that Act's requirements.

  • Modifies "contractual relationship" definition to exclude cases where property was acquired after hazardous substance disposal if the buyer lacked knowledge of contamination and meets other specified conditions.

  • Clarifies that "owner or operator" does not include persons conducting due diligence, site inspections, or pre-closing evaluations without acquiring legal title to a facility.

Legislative Description

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

Last Action

Signed by Governor

7/31/2019

Committee Referrals

Natural Resources6/11/2019

Full Bill Text

No bill text available