Delaware’s Hazardous Substance Cleanup Act (HSCA) (7 Del.C. Ch. 91) provides DNREC with the authority to take enforcement actions against responsible parties to ensure cleanup at sites with a release, or imminent threat of release, of hazardous substances.

DNREC has identified numerous sites in Delaware as hazardous substance release sites, a large portion of which are being addressed under the Brownfields and Voluntary Cleanup programs. The remaining sites are being addressed under HSCA Fund Lead and Enforcement programs, and federal programs.

The DNREC Remediation Section performs initial investigation and facility evaluations (FEs) to determine if enough information is available for DNREC to determine if a release, or imminent threat of a release, has occurred and to confirm the release using sampling data.

Based on the information obtained, the site is placed on a priority list using DNREC’s hazard ranking model. DNREC performs an initial screening using FE data to determine whether the release poses a potential risk to human health, welfare, or the environment above acceptable site-specific risks.

DNREC may issue a notice letter to the Potentially Responsible Party (PRP) for the release to investigate and clean up the release and invite them to join the Voluntary Cleanup Program.

However, if the PRP refuses to do so DNREC may initiate enforcement actions. DNREC may also conduct the cleanup and may seek to recover costs from the PRP. If a viable PRP cannot be found, cleanup of a hazardous substance release may be financed by the HSCA fund.

Related Topics:  cleanup, hazardous waste, HSCA, remediation, waste and hazardous substances