AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO THE DELAWARE HAZARDOUS SUBSTANCE CLEANUP ACT.

This Act amends the Delaware Hazardous Substance Control Act to reflect recent amendments to the federal Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). This Act protects state, county, and municipal government entities from being deemed liable as “owners or operators” of hazardous substance release sites when they take title to or control of such properties through the exercise of their lawful governmental powers. Additionally, this Act protects land banks established pursuant to the Delaware Neighborhood Conservation and Land Banking Act when they assume ownership of potentially contaminated properties in accordance with the provisions and requirements of the Land Banking Act.