Terms Used In Delaware Code > Title 7 > Chapter 91 - Delaware Hazardous Substance Cleanup Act

• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Bequest: Property gifted by will.
• Brownfield: means real property, the expansion, redevelopment, or reuse of which may be hindered by the reasonably held belief that the real property may be environmentally contaminated. See Delaware Code Title 7 Sec. 9103
• Brownfields developer: shall mean a person who, with respect to a facility:

  a. See Delaware Code Title 7 Sec. 9123

• Brownfields Development Agreement: means an agreement between the Secretary and a brownfield developer with respect to a certified brownfield that sets forth a scope and schedule of activities to assess and respond to the actual, threatened, or perceived release of hazardous substances at the facility. See Delaware Code Title 7 Sec. 9123
• buyer: means a person who buys a motor vehicle from a retail seller and who executed a retail installment contract in connection therewith. See Delaware Code Title 5 Sec. 2901
• Cash sale price: means the price stated in a retail installment contract for which the seller would have sold to the buyer, and the buyer would have bought from the seller, the motor vehicle which is the subject matter of the retail installment contract, if such sale has been a sale for cash instead of a retail installment transaction. See Delaware Code Title 5 Sec. 2901
• CERCLA: means the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U. See Delaware Code Title 7 Sec. 9103
• Certified brownfield: means a brownfield, as defined in § 9103(3) of this title, that the Secretary has certified pursuant to the regulations governing hazardous substance cleanup. See Delaware Code Title 7 Sec. 9123
• Commissioner: means the State Bank Commissioner. See Delaware Code Title 5 Sec. 2403
• Commissioner: means State Bank Commissioner. See Delaware Code Title 5 Sec. 2901
• Contract: A legal written agreement that becomes binding when signed.
• contract: means an agreement, entered into in this State, pursuant to which the title to, the property in or a lien upon the motor vehicle, which is the subject matter of a retail installment transaction, is retained or taken by a retail seller from a retail buyer as security, in whole or in part, for the buyer's obligation. See Delaware Code Title 5 Sec. 2901
• Contractor: means any corporation, company, association, firm, partnership, society, joint-stock company, sole proprietorship or individual that contracts to perform any remedial action under the remedial standards established in this chapter. See Delaware Code Title 7 Sec. 9103
• Contractual relationship: means , but is not limited to, land contracts, deeds, easements, leases or other instruments transferring title or possession. See Delaware Code Title 7 Sec. 9103
• Conviction: A judgement of guilt against a criminal defendant.
• Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. ^{Source: OCC}
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the Department of Natural Resources and Environmental Control. See Delaware Code Title 7 Sec. 9103
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Disposal: means the discharge, deposit, injection, dumping, spilling, leaking or placing of any hazardous substance into or on any land, water or into the air so that such hazardous substance or any constituent thereof may enter the environment. See Delaware Code Title 7 Sec. 9103
• Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
• Environment: means the navigable waters, the waters of the contiguous zone, ocean waters, and any other surface water, ground water, drinking water supply, land surface or subsurface strata or ambient air within the State. See Delaware Code Title 7 Sec. 9103
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Executor: A male person named in a will to carry out the decedent
• Existing environmental condition: means all known or discovered releases of hazardous substances which are found to be, or to have been, existing at or in the vicinity of the facility prior to a person entering into a Brownfields Development Agreement with the Secretary. See Delaware Code Title 7 Sec. 9123
• Facility: means any building, structure, installation, equipment, pipe or pipeline (including any pipe into a sewer or publicly owned treatment works), well, pit, pond, lagoon, impoundment, ditch, landfill, storage container, motor vehicle, rolling stock, vessel, aircraft, or any site or area where a hazardous substance has been generated, manufactured, refined, transported, stored, treated, handled, recycled, released, disposed of, placed or otherwise come to be located. See Delaware Code Title 7 Sec. 9103
• Fair Credit Reporting Act: A federal law, established in 1971 and revised in 1997, that gives consumers the right to see their credit records and correct any mistakes. ^{Source: OCC}
• Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. ^{Source: OCC}
• Fiduciary: A trustee, executor, or administrator.
• Fiduciary: means :

  a. See Delaware Code Title 7 Sec. 9103

• Fiduciary capacity: means the capacity of a person in holding title to a facility, or otherwise having control of or an interest in the facility, pursuant to the exercise of the responsibilities of the person as a fiduciary. See Delaware Code Title 7 Sec. 9103
• Fixed Rate: Having a "fixed" rate means that the APR doesn't change based on fluctuations of some external rate (such as the "Prime Rate"). In other words, a fixed rate is a rate that is not a variable rate. A fixed APR can change over time, in several circumstances:
  • You are late making a payment or commit some other default, triggering an increase to a penalty rate
  • The bank changes the terms of your account and you do not reject the change.
  • The rate expires (if the rate was fixed for only a certain period of time).
• Forbearance: A means of handling a delinquent loan. A
• Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
• Fraud: Intentional deception resulting in injury to another.
• Fund: means the Hazardous Substance Cleanup Fund created pursuant to § 9113 of this title. See Delaware Code Title 7 Sec. 9103
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Hazardous substance: means :

  a. See Delaware Code Title 7 Sec. 9103

• Immediate family member: means a spouse, child, sibling, parent, grandparent or grandchild. See Delaware Code Title 5 Sec. 2403
• Imminent threat of release: means potential for a release which requires action to prevent or mitigate damage to the environment or endangerment to public health or welfare which may result from such a release. See Delaware Code Title 7 Sec. 9103
• Individual: means a natural person. See Delaware Code Title 5 Sec. 2403
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
• Lender: means :

  a. See Delaware Code Title 7 Sec. 9103

• Licensee: means a holder of a license issued by the State Bank Commissioner pursuant to this chapter. See Delaware Code Title 5 Sec. 2901
• Lien: A claim against real or personal property in satisfaction of a debt.
• Loan processor or underwriter: means an individual who performs clerical or support duties as an employee at the direction of and subject to the supervision and instruction of a person licensed, or exempt from licensing under Chapter 21 or 22 of this title. See Delaware Code Title 5 Sec. 2403
• Month: means a calendar month, unless otherwise expressed. See Delaware Code Title 1 Sec. 302
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Mortgage loan: A loan made by a lender to a borrower for the financing of real property. ^{Source: OCC}
• Mortgage loan originator: means an individual who for compensation or gain or in the expectation of compensation or gain:

  a. See Delaware Code Title 5 Sec. 2403

• Motor vehicle: means any device propelled or drawn by any power other than muscular power, in, upon, or by which any person or property is, or may be transported or drawn upon a highway. See Delaware Code Title 5 Sec. 2901
• National Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) ^{Source: OCC}
• Nationwide Mortgage Licensing System and Registry: means a mortgage licensing system developed and maintained by the Conference of State Bank Supervisors and the American Association of Residential Mortgage Regulators for the licensing and registration of licensed mortgage loan originators. See Delaware Code Title 5 Sec. 2403
• Natural resources: means land, fish, wildlife, biota, air, water, groundwater, drinking water supplies, and other such resources belonging to, managed by, held in trust by, appertaining to, or otherwise controlled by Delaware, the United States, any foreign government, any local government, or any Indian tribe. See Delaware Code Title 7 Sec. 9103
• Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
• Nontraditional mortgage product: means any mortgage product other than a 30-year fixed rate mortgage. See Delaware Code Title 5 Sec. 2403
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Operable unit: means any subdivision of a facility in terms of area or environmental media or any other manner approved by the Secretary. See Delaware Code Title 7 Sec. 9103
• Oversight: Committee review of the activities of a Federal agency or program.
• Owner or operator: means :

  a. See Delaware Code Title 7 Sec. 9103

• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: means a natural person, corporation, company, limited liability company, partnership, association, or other entity. See Delaware Code Title 5 Sec. 2403
• Person: means an individual, partnership, corporation, association, and any other group however organized. See Delaware Code Title 5 Sec. 2901
• Person: means an individual, firm, corporation, association, partnership, consortium, joint venture, commercial entity, state government agency, unit of local government, school district, conservation district, federal government agency, Indian tribe or interstate body. See Delaware Code Title 7 Sec. 9103
• Plan of remedial action: means a detailed plan describing cleanup actions and related information for the containment or permanent removal and disposal of hazardous substances from a facility. See Delaware Code Title 7 Sec. 9103
• Potentially responsible party: means any person identified pursuant to § 9105(a)(1) through (6) of this title as a person liable with respect to a facility. See Delaware Code Title 7 Sec. 9103
• Prospective purchaser: means a person (or a tenant of a person) that acquires or intends to acquire ownership of a facility after the date of the enactment of this subdivision and that establishes each of the following:

  a. See Delaware Code Title 7 Sec. 9103

• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• real property: is synonymous with the phrase "lands, tenements and hereditaments. See Delaware Code Title 1 Sec. 302
• Registered mortgage loan originator: means any individual who:

  a. See Delaware Code Title 5 Sec. 2403

• Release: means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping or disposing into the environment (including the abandonment or discarding of barrels, containers and other closed receptacles containing any hazardous substance or pollutant or contaminant), but excludes:

  a. See Delaware Code Title 7 Sec. 9103

• Remedial action: means the containment, contaminant mass or toxicity reduction, isolation, treatment, removal, cleanup or monitoring of hazardous substances released into the environment, or the taking of such other actions as may be necessary to prevent, minimize or mitigate harm or risk of harm to the public health or welfare or the environment which may result from a release or an imminent threat of a release of hazardous substances. See Delaware Code Title 7 Sec. 9103
• Remedy: means any action, response or expenditure consistent with the purposes of this chapter to identify, minimize or eliminate any imminent threat posed by any hazardous substances to public health or welfare or the environment including preparation of any plans, conducting of any studies and any investigative, oversight of remedy or monitoring activities with respect to any release or imminent threat of release of a hazardous substance and any health assessments, risk assessments or health effect studies or natural resource damage assessments conducted in order to determine the risk or potential risk to public health or welfare or the environment. See Delaware Code Title 7 Sec. 9103
• Residential mortgage loan: means any loan primarily for personal, family, or household use that is secured by a mortgage, deed of trust, or other equivalent consensual security interest on a dwelling (as defined in § 103(v) of the United States Truth in Lending Act [15 U. See Delaware Code Title 5 Sec. 2403
• Residential real estate: means any real property located in Delaware, upon which is constructed, or intended to be constructed, a dwelling. See Delaware Code Title 5 Sec. 2403
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Retail installment transaction: means any transaction evidenced by a retail installment contract entered into between a retail buyer and a retail seller wherein the retail buyer buys a motor vehicle from the retail seller at a time price payable in one or more deferred installments. See Delaware Code Title 5 Sec. 2901
• Sales finance company: means a person engaged, in whole or in part, in the business of purchasing retail installment contracts from one or more retail sellers. See Delaware Code Title 5 Sec. 2901
• Secretary: means Secretary of the Department or the Secretary's designee. See Delaware Code Title 7 Sec. 9103
• Security interest: includes a right under a mortgage, deed of trust, assignment, judgment, lien, pledge, security agreement, factoring agreement, or lease and any other right accruing to a person to secure the repayment of money, the performance of a duty, or any other obligation by a nonaffiliated person. See Delaware Code Title 7 Sec. 9103
• seller: means a person who sells a motor vehicle to a retail buyer under or subject to a retail installment contract. See Delaware Code Title 5 Sec. 2901
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Site assessment: means the assessment of a facility and/or property to determine whether hazardous substances have entered the environment. See Delaware Code Title 7 Sec. 9103
• Statute: A law passed by a legislature.
• Subpoena: A command to a witness to appear and give testimony.
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• Trustee: A person or institution holding and administering property in trust.
• Truth in Lending Act: The Truth in Lending Act is a federal law that requires lenders to provide standardized information so that borrowers can compare loan terms. In general, lenders must provide information on ^{Source: OCC}
• Unique identifier: means a number or other identifier assigned by protocols established by the Nationwide Mortgage Licensing System and Registry. See Delaware Code Title 5 Sec. 2403
• United States: includes its territories and possessions and the District of Columbia. See Delaware Code Title 1 Sec. 302
• Year: means a calendar year, and is equivalent to the words "year of our Lord. See Delaware Code Title 1 Sec. 302