Delaware Code
Subchapter II. Powers and Duties of Secretary and Department
§ 6041. Scrap Tire Management Fund.

(a) There shall be established in the State Treasury and in the accounting system of the State a special fund to be known as the Scrap Tire Management Fund (“the Fund”).
(b) The following moneys shall be deposited into the Fund:

(1) All fees collected by the State pursuant to § 2910 of Title 30;
(2) The State Treasurer shall credit to the Scrap Tire Management Fund such amount of interest as determined by this paragraph upon such Fund. On the last day of each month, the State Treasurer shall credit the Fund with interest on the average balance in the Fund for the preceding month. The interest to be paid to the Fund shall be that proportionate share, during such preceding month, of interest to the State as the Fund's and the State's average balance is to the total State's average balance; and
(3) Any other money appropriated or transferred to the account by the General Assembly.
(c) Money in the Fund may be used by the Secretary only to carry out the purposes of this section, including but not limited to the following activities.
(1) Conducting a comprehensive inventory of scrap tire piles in the State.
(2) Developing and implementing a scrap tire pile registration program.
(3) Implementing a program to clean up the scrap tire piles in existence in Delaware on June 30, 2006.
(4) Providing for state matching funds for the cleanup of scrap tire piles that have been registered in accordance with the scrap tire pile registration program referenced in paragraph (c)(2) of this section. For each registered scrap tire pile, the Fund shall cover 90% of the cost of cleaning up the pile. The owner and operator shall pay 10% of the cost of cleaning up the pile, unless they satisfactorily demonstrate the inability to pay that cost.
(5) Paying the total cost of cleaning up scrap tire piles located on abandoned properties and on estate properties where the inheritors do not register the scrap tire piles in accordance with the scrap tire pile registration program referenced in paragraph (c)(2) of this section. For such abandoned and estate properties, the Department shall place liens on the properties in order to recoup the entire cleanup cost upon sale of the properties.
(6) Payment to the Division of Revenue for the costs of administering § 2910 of Title 30.
(d) No greater than 15% of the moneys deposited into the Fund shall be used for administering this section without approval of the Joint Finance Committee.
(e) Prior to January 1, 2009, the Department shall prepare and submit to the Governor and the General Assembly a joint report on the progress made toward cleaning up the scrap tire piles in the State. Such report shall include recommendations for extension, modification, or termination of the Scrap Tire Management Fund and § 2910 of Title 30.