Delaware § 9205 - Termination of operations or filing for bankruptcy at a chemical or hazardous substance establishment; procedures [Effective upon promulgation of regulations by the Secretary pursuant to § 9203(c) of this title].

§ 9205. Termination of operations or filing for bankruptcy at a chemical or hazardous substance establishment; procedures [Effective upon promulgation of regulations by the Secretary pursuant to § 9203(c) of this title].

(a) Not later than the date of termination of all business or other activities at an establishment or the date of filing for liquidation under the federal Bankruptcy Code [11 U.S.C. § 101 et seq.], the owner or operator of the establishment shall file a notice with the Secretary which must include information regarding the person or persons employed by the establishment who will be responsible for providing information regarding compliance with this section.

(b) Not later than 90 days after the termination of all business or other activities at an establishment, the owner or operator of the establishment, or a trustee if the owner or operator is in bankruptcy, shall:

(1) Submit to the Secretary a list of all chemical and hazardous substances at the establishment, where they are located and how they are stored, contained, stockpiled or otherwise located. Notwithstanding the foregoing, “releases” as defined in § 9103 of this title are excluded;

(2) Submit a plan to the Secretary for the emptying, draining, removal, use, sale, recycling, or otherwise disposal of all chemicals or hazardous substances in accordance with applicable law or in accordance with any order of the Bankruptcy Court in the event of bankruptcy filing;

(3) Post warning signs with up-to-date contact information around the perimeter of any parcel where the soil is contaminated with a hazardous substance to a level that poses potential risk to human health or the environment;

(4) Submit a certification to the Secretary with regard to whether chemicals or hazardous substances identified in paragraph (b)(1) of this section have been removed from the parcel in accordance with applicable law; and

(5) Maintain personnel, utilities, security, site management and other measures necessary to stabilize and secure the site.

(c) Following receipt of the required submittals under subsection (b) of this section, the Secretary shall, within 30 days, conduct an inspection of the parcel and/or the establishment to determine compliance with this section.

76 Del. Laws, c. 220, §  1;  79 Del. Laws, c. 441, §  1;