§ 9113 — Hazardous Substance Cleanup Fund

Delaware § 9113

• Jurisdiction: Delaware
• Title: 7
• Part: Hazardous Substance Cleanups
• Ch. 91: DELAWARE HAZARDOUS SUBSTANCE CLEANUP ACT
• Subch.: General Provisions and Enforcement

Text

(a) There shall be established in the State Treasury and in the accounting system of the State a special fund to be known as the Hazardous Substance Cleanup Fund (“The Fund”).

(b) The following moneys shall be deposited into the Fund:

(1) All the taxes assessed pursuant to § 9114 of this title;

(2) All remedial costs recovered pursuant to this chapter;

(3) Penalties collected or recovered pursuant to this chapter;

(4) Penalties collected or recovered pursuant to this chapter, not to include penalties assessed on any gross receipts tax surcharge provided by this chapter;

(5) The State Treasurer shall credit to the Hazardous Substance Cleanup Fund such amount of interest as determined by this paragraph upon such Fund. On or before the last day of each month, the State Treasurer shall credit the Fund with interest on the average balance in the Fund for the preceding month. The interest to be paid to the Fund shall be that proportionate share, during such preceding month, of interest to the State as the Fund’s and the State’s average balance is to the total State’s average balance. The Fund’s average balance shall be determined by averaging, in each instance, the balances at the beginning of each month and the balances at the end of that month; and

(6) Any other money appropriated or transferred to the account by the General Assembly.

(c) Money in the Fund may be used by the Secretary only to carry out the purposes of this chapter, including the following activities:

(1) Implementing the hazardous substance cleanup program required under this chapter.

(2) Providing a remedy with respect to releases or imminent threats of release of a hazardous substance at or from facilities.

(3) Providing for state matching funds required under the CERCLA, as well as future operations and maintenance costs for facilities at which a state match is required.

(4) Reimbursing, or directly paying, any person for reasonable remedial costs incurred with the prior authorization of the Secretary in responding to a hazardous substance remedy, including remedies of releases from underground storage tanks, pursuant to authorization of the Secretary. Direct payments may be made to the certified environmental consultant who performed the remedial work provided that the brownfield developer acknowledge and sign the remedial work invoice.

(5) Conducting emergency response actions pursuant to §§ 9106, 6308 and 7406 of this title.

(6) Providing low interest loans to parties with an executed settlement agreement with the Department.

(7) Payment to the Division of Revenue for the costs of administering § 9114 of this title.

(8) Provide for a remedy, or for reimbursement of allowable costs, for certified brownfields.

(9) Provide annually to the Brownfields Grant Program an amount equal to ⅓ of the amount deposited in that year into the Hazardous Substance Cleanup Fund under this section.

(d) No greater than 15% of the average of moneys deposited into the Fund over the previous 10 fiscal years may be used for administering this chapter without approval of the Joint Finance Committee.

(e) Any expenditures of moneys from the Fund on sites not budgeted for under § 9104(c)(2) of this title must be approved by the Speaker of the House and the President Pro Tempore of the Senate.

Legislative History

67 Del. Laws, c. 326, § 1 ; 69 Del. Laws, c. 458, § 1 ; 70 Del. Laws, c. 218, § 30 ; 74 Del. Laws, c. 409, § 8 ; 77 Del. Laws, c. 81, § 3 ; 77 Del. Laws, c. 83, §§ 21, 25 ; 78 Del. Laws, c. 73, § 2 ; 78 Del. Laws, c. 218, § 3 ; 79 Del. Laws, c. 441, § 1 ; 80 Del. Laws, c. 359, § 3 ; 81 Del. Laws, c. 435, § 1 ; 82 Del. Laws, c. 195, § 1