§ 7409 — Delaware Underground Petroleum Storage Tank Response Fund

(a) The Delaware Underground Petroleum Storage Tank Response Fund is hereby established as a nonlapsing revolving fund to be used by the Department for the investigation and remediation of petroleum underground storage tank release. All expenses, costs and judgments recovered pursuant to this section, and all moneys received as reimbursement in accordance with applicable provisions of federal law, shall be and hereby are appropriated to the Fund. Interest earned on the Fund shall be credited to the Fund. No moneys shall be credited to the balance in the Fund until they have been received by the Fund. The Fund shall be established in the accounts of the State Treasurer and any funds remaining in such Fund at the end of the fiscal year shall not revert to the General Fund but shall remain in the Fund.

The Fund shall be administered by the Department of Natural Resources and Environmental Control consistent with the provisions of Subtitle I of the federal Solid Waste Disposal Act (P.L. 98-616, § 9001 et seq.) [42 U.S.C. § 6991 et seq.]. The Fund shall be maintained in a separate account. An accounting of moneys received and disbursed shall be kept, and furnished upon request to the Governor or the General Assembly.

(b) Disbursements from the Fund may be made only in accordance with regulations promulgated by the Department and for the following purposes:

(1) Costs incurred in investigation and assessment of a site otherwise eligible hereunder.

(2) Costs associated with restoration or replacement of potable water supplies.

(3) Costs incurred in taking corrective action for any release of petroleum into the environment from an underground storage tank which are in excess of the minimum financial responsibility requirement imposed up to $1,000,000 per occurrence per facility.

(4) Costs incurred in compensating third parties for bodily injury and property damage caused by release of petroleum into the environment from an underground storage tank, up to $1,000,000 per occurrence per facility.

(5) Costs incurred in taking immediate corrective action to contain or mitigate the effects of any release of petroleum into the environment from an underground storage tank if such action is necessary, in the judgment of the Department, to protect human health and the environment.

(6) Costs associated with maintenance and monitoring of contamination sites.

(7) Costs incurred in inspection and supervision of cleanup activities.

(8) The “cost share” of corrective action with respect to any release of petroleum into the environment from underground storage tanks undertaken under a cooperative agreement with the Administrator of the United States Environmental Protection Agency, as determined by the Administrator of the United States Environmental Protection Agency, § 9003(h)(7)(B) of P.L. 98-616 (as amended in 1986 by P.L. 99-499) [42 U.S.C. § 6991b(h)(7)(B)].

(c) Disbursements from the Fund may not be made for any purpose not identified in subsection (b) of this section including, but not limited to:

(1) Costs incurred in the Department’s administration of the underground storage tank program.

(2) Costs incurred by the State to recover from any party costs charged to the Fund.

Such expenses will be funded by the tank registration fee established pursuant to § 7418 of this title.

Legislative History

65 Del. Laws, c. 161, § 1 ; 66 Del. Laws, c. 187, § 3