7 Del. Admin. Code § 1375-5.0
Current through Reigster Vol. 28, No. 6, December 1, 2024
Section 1375-5.0 - Settlement Agreements & Certified Brownfields Development Agreements5.1 Settlement agreements and Certified Brownfields Development Agreements shall include the following: 5.1.1 The name and address of the potentially responsible party, the prospective purchaser, or the Certified Brownfields Developer, and any other affiliated corporation, entity, or other person that will perform or pay for a remedy at the facility or Certified Brownfield;5.1.2 The address and tax parcel number of the facility or Certified Brownfield in question;5.1.3 The name of the current owner of record and/or operator of the facility or Certified Brownfield; and5.1.4 For agreements which require the performance of a remedy at a facility or Certified Brownfield, the Department may include a description of: 5.1.4.1 The areas of the facility or Certified Brownfield where the remedy is to be conducted;5.1.4.2 The type of remedy to be performed; and5.1.4.3 Any financial or oversight resources to be provided by the Department.5.2 Cost Recovery 5.2.1 The Department may seek to recover costs from the potentially responsible parties or any person requiring oversight or review.5.2.1.1 Recoverable costs from a potentially responsible party include all remedial costs incurred by the Department, natural resource damages, oversight, indirect and administrative costs, and costs associated with long-term stewardship activities.5.2.1.2 Recoverable costs from a Certified Brownfields Developer include remedial costs incurred by the Department beginning upon its receipt of the application for Brownfield certification of the property, including oversight, indirect and administrative costs, and costs associated with long-term stewardship activities as specified in the Certified Brownfields Development Agreement, but excluding natural resource damage assessment and restoration costs not caused by the Certified Brownfields Developer and costs incurred by the Department prior to the Certified Brownfields Developer's submission of its application for admission into the Brownfields Development Program.5.2.2 Remedial costs with regard to a specific facility or Certified Brownfield are calculated to reflect the actual costs incurred by the Department. Such costs are calculated for each facility or Certified Brownfield as set forth below. 5.2.2.1 The total number of direct hours expended by each employee of the Department with regard to a specific facility or Certified Brownfield is multiplied by the employee's hourly rate of wages and then the figures derived for each employee are added together.5.2.2.2 The figure derived from Subsection 5.2.2.1 is added to a figure derived by multiplying the total figure from Subsection 5.2.2.1 by the current indirect cost rate.5.2.2.3 The figure derived from Subsection 5.2.2.2 is added to a figure derived by multiplying the number of hours worked by each employee of the Department with regard to the specific facility or Certified Brownfield by the other employee costs rate for the employee.5.2.2.4 All payments made by the Department to its contractors, consultants or vendors for the procurement of services, supplies or equipment for the specific facility or Certified Brownfield are added to the figure derived from Subsection 5.2.2.3.5.2.3 Recoverable costs include interest at the allowable interest rate upon all costs of the Department associated with a release or threat of release from the time they were incurred until the time they are paid.7 Del. Admin. Code § 1375-5.0
19 DE Reg. 65 (7/1/2015)
22 DE Reg. 781 (3/1/2019) (Final)