The Delaware Hazardous Substance Cleanup Act (HSCA), 7 Del. C. Chapter 91, was passed by the Delaware General Assembly in July of 1990; amendments have been added over the years to support the addition of the Voluntary Cleanup and Brownfields Programs. The HSCA statute gives DNREC the ability to ensure cleanup of facilities with a release or imminent threat of release of hazardous substances. The main objective of HSCA is to enable DNREC to address those sites not remediated under the federal Superfund program. DNREC has identified over 700 sites in Delaware as potential hazardous substances release sites.
The program is funded by levying a 0.9 percent tax on all taxable gross receipts from the sale of petroleum or petroleum products, with the exception of crude oil. The State Program requires potentially responsible parties to pay for the costs associated with investigating, and if necessary, cleaning up a site. If a potentially responsible party cannot be identified or is unable to pay for the cleanup, monies from the HSCA Fund are utilized to perform the cleanup at the site.
HSCA applies to all of the programs that are available through SIRS, including the Brownfields Program, Voluntary Cleanup Program, State led projects and Enforcement. The Brownfields Program follows the HSCA statute and regulations, and the Brownfields Grants are financed by the HSCA fund for approved sites. The Voluntary Cleanup Program follows the HSCA statute and regulations, however, the responsible party pays for the cleanup as well as oversight costs. State led projects follow the HSCA statute and regulations and the cleanup is financed by the HSCA fund until the responsible party can be identified. Enforcement occurs when the responsible party fails to comply with the HSCA statute and regulations.
Please contact the SIRS office at 302-395-2600 if you have any questions regarding HSCA.
HSCA Related Documents
Current HSCA Expenditure Plan