7 Del. Admin. Code § 1375-4.0

Current through Reigster Vol. 28, No. 6, December 1, 2024

Section 1375-4.0 - Potentially Responsible Parties

4.1 Identification

4.1.1 The Department may initiate identification of potentially responsible parties associated with the facility, as soon as practicable.

4.1.2 The Department may use existing information-gathering authorities and coordinate such investigation with other state, local, and federal agencies.

4.2 Potentially Responsible Party Notification

4.2.1 The Department may issue a notice letter to any person or entity it believes to be a potentially responsible party with respect to a facility as provided for in 7Del.C. § 9105. The notice letter shall be sent to the last known address of the potentially responsible party. A copy of the notice letter may be provided to the local unit of government in which the facility is located. The notice letter shall provide the following:

4.2.1.1 The name of the person or entity the Department believes to be potentially liable;

4.2.1.2 A general description of the location of the facility;

4.2.1.3 The basis for the Department's position that the person has a relationship to the facility;

4.2.1.4 The basis for the Department's position that a release or imminent threat of a release of a hazardous substance may pose a threat to public health or welfare or the environment; and

4.2.1.5 The names of other persons or entities to which the Department has sent such a notice letter with respect to the facility.

4.2.2 The Department reserves the right to notify additional potentially responsible parties at any time, and to facilitate efforts by potentially responsible parties to identify additional potentially responsible parties.

4.3 Notice of Potential Liability

4.3.1 In the event that a potentially responsible party for a facility cannot be located, the Department may publish in accordance with Section 8.0 of these Regulations, a public notice regarding a potentially responsible party which shall provide the following:

4.3.1.1 The names and last known addresses of a person that the Department believes to be a potentially responsible party for the facility;

4.3.1.2 The address or a general description of the location of the facility;

4.3.1.3 The basis for the Department's position that a release or imminent threat of a release of a hazardous substance at the facility may pose a threat to public health or welfare or the environment;

4.3.1.4 The basis for the Department's position that the person or entity is a potentially responsible party under 7 Del.C.§ 9105 for the facility; and

4.3.1.5 The name and contact information of the person within the Department who the potentially responsible party can contact in order to obtain further information about the facility, and to enter into negotiations for a settlement agreement to address the release or imminent threat of release of hazardous substances at the facility.

4.4 Information Request

4.4.1 If the Department determines that there is a reasonable basis to believe that there has been a release or an imminent threat of a release of a hazardous substance, the Secretary may require information or documentation relevant to the release from any person who may have pertinent information as described in 7 Del.C.§ 9106.

7 Del. Admin. Code § 1375-4.0