(a) If a potentially responsible party commits fraud on the Secretary or another potentially responsible party in a proposed settlement agreement or in an application for a certification of completion of remedy, then any limitation on liability otherwise provided herein shall be void, and any injured person, including the Secretary, may recover actual damages sustained as well as a civil penalty of up to $10,000 for each fraudulent act.
(b) The Secretary may bring an action in the Superior Court to establish and collect a civil penalty for which a person is liable for fraud under this chapter.
Structure Delaware Code
Chapter 91. DELAWARE HAZARDOUS SUBSTANCE CLEANUP ACT
Subchapter I. General Provisions and Enforcement
§ 9102. Declaration of purpose; applicability.
§ 9104. Secretary's powers and duties.
§ 9105. Standard of liability.
§ 9106. Investigation and access.
§ 9108. Certification of completion of remedy.
§ 9110. Public hearings — Violations.
§ 9112. Public hearings — Rule making, settlement agreements and remedial actions.
§ 9113. Hazardous Substance Cleanup Fund.
§ 9115. Notice in property records.
§ 9116. Confidentiality of proprietary information.
§ 9117. Environmental liens [For application of this section, see 79 Del. Laws, c. 69, § 5].