§ 9123 — Definitions

As used in this subchapter:

(1) “Brownfields developer” shall mean a person who, with respect to a facility:

a. Proposes to conduct investigations and/or development activity at a facility that is a certified brownfield, and seeks to enter into a Brownfields Development Agreement with the Secretary;

b. At the time of application for a Brownfields Development Agreement, is not liable for a release or imminent threat of release at the facility under § 9105(a)(1)-(6) of this title; and

c. Is not affiliated with any other person that is liable for a release or imminent threat of release at the facility, within the meaning of § 9105(c)(4)b.5. of this title.

(2) “Brownfields Development Agreement” means an agreement between the Secretary and a brownfield developer with respect to a certified brownfield that sets forth a scope and schedule of activities to assess and respond to the actual, threatened, or perceived release of hazardous substances at the facility.

(3) “Certified brownfield” means a brownfield, as defined in § 9103(3) of this title, that the Secretary has certified pursuant to the regulations governing hazardous substance cleanup.

(4) “Existing environmental condition” means all known or discovered releases of hazardous substances which are found to be, or to have been, existing at or in the vicinity of the facility prior to a person entering into a Brownfields Development Agreement with the Secretary.

(5) “Plan(s)” means any workplan or workplans as required by the Secretary for the performance of an investigation and/or remedy of a site.

Legislative History

74 Del. Laws, c. 409, § 4