7 Del. Admin. Code § 1375-8.0
Current through Reigster Vol. 28, No. 6, December 1, 2024
Section 1375-8.0 - Public Notification related to Remedial Activities under the Act8.1 Public Notification - Land Records 8.1.1 A notice shall be placed in the property record for any facility at which a release of a hazardous substance determined by the Department to be a threat to human health, welfare or the environment has occurred pursuant to 7 Del.C. § 9115 (a).8.1.2 The Department will determine a release to be a threat to human health, welfare or the environment when: 8.1.2.1 A Department approved risk assessment indicates that a remedy must occur on a facility to meet the acceptable risk; or,8.1.2.2 At any time determined by the Department during the remedy to meet the intent of 7 Del.C. § 9115 (a).8.1.3 The owner of the facility on which there is a release that the Department has determined to be a threat to human health, welfare or the environment shall place a notice in the records of real property kept by the Recorder of Deeds in the county in which the property is located. The notice shall: 8.1.3.1 Identify the facility;8.1.3.2 Identify the owner of the facility and the person causing the notice to appear;8.1.3.3 State that a release occurred at or from the facility;8.1.3.4 State the date the release occurred. If the date of the release is not known, then the date of the Department approved risk assessment will be used as the date of the release;8.1.3.5 Record the Conditional No Further Action determination or the Environmental Covenant from the Department, if necessary; and,8.1.3.6 Direct further inquiries to the Department.8.1.4 In the event that the owner does not place the notice within a defined time frame established by the Department, the Department shall follow the provisions of 7 Del.C. § 9109.8.1.5 In the event that the Department determines the release at the facility or property no longer poses a threat to human health, welfare or the environment, the Department shall place a notice revoking and rescinding the notice specified in 7 Del.C. § 9115 (a).8.2 Public Notification - Newspapers 8.2.1 Whenever public notice is required by the Act or these Regulations, the Department shall, at a minimum, provide or require notice as described in this Section. Public notice shall be published in a newspaper circulated in the county of the proposed action by display advertisement, legal notice, or any other appropriate format, as determined by the Department.8.2.2 Public notice, as required by the Act, shall be provided within twenty (20) days of the following: 8.2.2.1 Commencement of negotiations for a Brownfields Development Agreement (BDA). The date of Brownfields certification by the Department shall be deemed to be the commencement of negotiations for a BDA.8.2.2.2 Commencement of negotiations for a Voluntary Cleanup Program (VCP) Agreement. The date of receipt of a VCP Application by the Department shall be deemed to be the commencement of negotiations for a VCP Agreement.8.2.2.3 Determination by the Department that there has been a release or imminent threat of a release of a hazardous substance which will require a remedy.8.2.3 Public notice, as required by the Act, shall be provided to establish a twenty (20) day comment period for the following: 8.2.3.1 Issuance of a Proposed Plan of Remedial Action;8.2.3.2 Execution of a Consent Decree; and8.2.3.3 Execution of a BDA.8.2.4 Public notice shall be provided upon the adoption of the Final Plan of Remedial Action (FPRA), including a brief description of the selected remedy and where a copy of the FPRA may be obtained.8.2.5 Public notice shall be provided twenty (20) days prior to public hearings.7 Del. Admin. Code § 1375-8.0
19 DE Reg. 65 (7/1/2015) (Final)