2019 Delaware Code
Title 7 - Conservation
Chapter 92. Transfer or Closure of Chemical or Hazardous Substance Establishments [Effective upon promulgation of regulations by the Secretary pursuant to § 9203(c) of this title]
§ 9201 Definitions [Effective upon promulgation of regulations by the Secretary pursuant to § 9203(c) of this title].
The following definitions apply to this chapter.
(1) “Affiliate” means an entity as defined in the regulations of the Security and Exchange Commission under the Securities and Exchange Act of 1934 [15 U.S.C. § 78a et seq.] and the Securities Act of 1933 [15 U.S.C. § 77a et seq.].
(2) “Chemical” means a “hazardous chemical” as defined in § 6302(6) of Title 16.
(3) “Department” means the Department of Natural Resources and Environmental Control.
(4) “Establishment” means any real property, any business operation, or any facility which has been required or is required to report a total of 1 million pounds or more, based on the combined maximum amounts, of any combination of chemicals listed under the Emergency Planning and Community Right-To-Know Act, § 6306 of Title 16, and/or has been or is a large quantity generator under Delaware’s Regulations Governing Hazardous Waste [CDR 7-1000-1302], unless exempted by regulation adopted pursuant to this chapter.
(5) “Hazardous substance” means the term as defined in Chapter 91 of this title or in the regulations promulgated pursuant thereto.
(6) “Owner or operator” means:
a. A person owning, operating, or otherwise controlling activities at a chemical or hazardous substance establishment or part of an establishment; or
b. A person who owned, operated, or otherwise controlled activities at a chemical or hazardous substance establishment or part of an establishment.
(7) “Parcel” means piece or tract of land which contains an establishment, as defined in paragraph (4) of this section, or on which is or was located any continuous business operation which contains or contained an establishment.
(8) “Person” means any individual, entity, trust, firm, joint stock company, partnership, consortium, joint venture, commercial entity, corporation (including a government corporation or authority), limited liability company, association, federal government, federal agency, state agency, county, municipality, commission, school district, conservation district, Indian tribe, political subdivision of a state, an interstate body, or any other legal or commercial entity.
(9) “Secretary” means the Secretary of the Department of Natural Resources and Environmental Control.
(10) “Transfer of an establishment” means a transaction or proceeding through which there is a change in ownership of an establishment. Change in ownership shall include, but not be limited to, the sale or transfer of stock in a corporation or interest in a limited liability company or partnership, or merger or consolidation, resulting in a change in the person or persons holding the controlling interest in the direct owner or operator or indirect owner of the establishment, but does not mean:
a. The conveyance or extinguishment of an easement;
b. The conveyance of an establishment through a foreclosure or the conveyance of a deed in lieu of foreclosure to a lender;
c. The conveyance of a security interest;
d. A change in ownership approved by the register of wills;
e. A devolution of title to a surviving joint tenant, or to a trustee, executor, or administrator under the terms of a testamentary trust or will, or by intestate succession;
f. A corporate reorganization not substantially affecting the control, ownership or operation of the establishment;
g. The issuance of stock or other securities of an entity which owns or operates the establishment;
h. The conveyance of an interest in an establishment where the transferor or transferors is 1 or more of the following:
the sibling, spouse, child, parent, grandparent, the child of a sibling, or the sibling of a parent, or a spouse of any of the foregoing, of the transferee or transferees;i. The conveyance of an establishment to a trustee of an inter vivos trust created by the transferor or transferors solely for the benefit of 1 or more of the following:
the sibling, spouse, child, parent, grandchild, the child of a sibling, or the sibling of a parent, or a spouse of any of the foregoing, of the transferor or transferors;j. The conversion of a general or limited partnership to a limited liability company;
k. The transfer of general partnership property held in the names of all of the general partners to another general partnership which includes as general partners immediately after the transfer substantially all of the same persons that were general partners immediately prior to the transfer;
l. The transfer of general partnership property held in the names of all of the general partners to a limited liability company which includes as members immediately after the transfer substantially all of the same persons that were general partners immediately prior to the transfer; or
m. The transfer of stock, securities or other ownership interest of an entity that owns or operates the establishment to a person who is an affiliate, that directly or indirectly through 1 or more intermediates controls, or is controlled by, or under the common control with the transferee or transferees.
76 Del. Laws, c. 220, § 1.
