§ 9202 — Transfer of an establishment; filing procedures [Effective upon promulgation of regulations by the Secretary pursuant to § 9203(c) of this title]

Delaware § 9202

• Jurisdiction: Delaware
• Title: 7
• Part: Hazardous Substance Cleanups
• Ch. 92: Transfer or Closure of Chemical or Hazardous Substance Establishments [Effective upon promulgation of regulations by the Secretary pursuant to § 9203(c) of this title]

Text

(a) A person may not transfer an establishment except in accordance with the provisions of this chapter.

(b) Prior to the transfer of an establishment, the transferor(s) or the transferee(s) shall conduct all appropriate inquiry, pursuant to the standards set forth in the provisions and regulations pursuant to § 9105 of this title.

(c) Prior to the transfer of an establishment, the transferor(s) or the transferee(s) must submit to the Secretary and the transferor(s) and transferee(s), all documents prepared or identified pursuant to subsection (b) of this section above.

(d) Nothing contained in this chapter may be construed to enlarge, abridge, diminish or create an innocent-landowner defense pursuant to § 9105(c)(2) of this title.

(e) Failure of the Secretary to notify a party in accordance with the provisions of this chapter does not constitute a waiver and does not limit the authority of the Secretary to enforce the provisions of this chapter.

Legislative History

76 Del. Laws, c. 220, § 1