2017 Delaware Code
Title 7 - Conservation
CHAPTER 79. ENVIRONMENTAL PERMIT APPLICATION BACKGROUND STATEMENT
Subchapter II Uniform Environmental Covenants Act
§ 7907. Definitions.

As used in this subchapter:

(1) "Activity and use limitations'' means restrictions or obligations with respect to real property created under this subchapter.

(2) "Common interest community'' means a condominium or other real property with respect to which a person, by virtue of the person's ownership of a parcel of real property, is obligated to pay for property taxes, insurance premiums, maintenance, or improvement of other real property described in a recorded covenant that creates the common interest community.

(3) "Department'' means the Department of Natural Resources and Environmental Control (DNREC).

(4) "Environmental covenant'' means a servitude arising under an environmental response project that imposes activity and use limitations.

(5) "Environmental response project'' means a plan or work performed for environmental remediation of real property, conducted:

a. Under a federal or state program governing environmental remediation of real property, including Chapter 91 of this title, Delaware Hazardous Substance Cleanup Act (HSCA), Chapter 74 of this title, the Delaware Underground Storage Tank Act, and Chapter 74A of this title, the Jeffrey Davis Aboveground Storage Tank Act;

b. Incident to closure of a solid or hazardous waste management unit, if the closure is conducted with approval of the Department; or

c. Under a state voluntary cleanup program authorized in Chapters 60, 63, 74, 74A and 91 of this title.

(6) "Holder'' means a person that is the grantee of an environmental covenant.

(7) "Owner'' means a person that owns a fee simple interest in real property that is subject to an environmental covenant.

(8) "Person'' means any individual, trust, firm, joint stock company, federal agency, partnership, corporation (including a government corporation or authority), limited liability company, association, state, municipality, commission, political subdivision of a state or any interstate body.

(9) "Record,'' when used as a noun, means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

(10) "Secretary'' means the Secretary of the Department of Natural Resources and Environmental Control or the Secretary's duly authorized designee.

(11) "State'' means the State of Delaware, in the United States.

75 Del. Laws, c. 206, § 1; 70 Del. Laws, c. 186, § 1; 79 Del. Laws, c. 440, § 10.;