Delaware Code Title 29. State Government § 8231. Hazardous substance spill cleanup

(a) The Secretary of the Department of Safety and Homeland Security or the Secretary's designee is permitted to expend any funds appropriated to the Department to contain or clean up a hazardous substance spill as defined by § 101(14) or § 102 of the Comprehensive Environmental Response Compensation and Liability Act of 1980 (42 U.S.C. § 9601(14)) [or 42 U.S.C. § 9602] and § 104 of the Hazardous Materials Transportation Act (49 U.S.C. App. § 1803 [repealed]) and duly adopted by the Commission on the Transportation of Hazardous Material.  This shall apply to any or all hazardous material spills within the State to protect the citizens and environment.  Costs incurred for such removal shall not be subject to Chapter 60 of this title.

(b) A Hazardous Substance Spill Cleanup Revolving Fund is hereby established for the purpose of providing the funds to undertake the emergency cleanup and necessary remedial measures.  The Department of Natural Resources and Environmental Control shall be responsible under Chapter 63 of Title 7 for the assessment of any long-term environmental impact and conducting the necessary remedial action.

(c) All revenues recovered from the responsible party shall be retained by the Department of Safety and Homeland Security and placed in the Hazardous Substance Spill Cleanup Revolving Fund.  Expenditures from the Fund shall be controlled by the Appropriated Special Funds portion of the annual Budget Act.

(d) The Governor, the Secretary of the Department of Finance, the Director of the Office of Management and Budget, the Joint Finance Committee of the General Assembly and the Controller General shall be kept informed of all costs incurred and reimbursements received under this section.