
The Delware General Assembly hereby declares that it is in the interest of the public to control, reduce and prevent the exposure of the public to asbestos. It is the intent of the General Assembly to ensure the health, safety and welfare of the public by regulating the practice of asbestos abatement, particularly in locations where the general public can reasonably be expected to have access for the purpose of ensuring that such abatement is performed in such a manner as to minimize exposure to asbestos fibers and contamination."
Thus begins Chapter 78 of the Delaware Code of statutory law, a chapter that deals exclusively with regulations regarding the use, abatement and handling of asbestos within the state. Delaware is currently one of few states in the union that devotes an entire chapter to dealing with the remediation of the hazards caused by asbestos. With that in mind, it should come as no surprise that Delaware, often seen as pro-corporation in most matters, has a court history of being pro-victim in asbestos cases.
Thus begins Chapter 78 of the Delaware Code of statutory law, a chapter that deals exclusively with regulations regarding the use, abatement and handling of asbestos within the state. Delaware is currently one of few states in the union that devotes an entire chapter to dealing with the remediation of the hazards caused by asbestos. With that in mind, it should come as no surprise that Delaware, often seen as pro-corporation in most matters, has a court history of being pro-victim in asbestos cases.
Environmental and Occupational Safety Regulations
As was noted, the state of Delaware codifies all asbestos-related occupational and environmental regulations under one chapter in the state statutory code, Chapter 78. The state Department of Environmental Quality works hand in hand with the EPA to monitor and enforce all asbestos-related guidelines. Violations of the state's regulations for asbestos containment and removal can open property owners and contractors to hefty fines, penalties and lawsuits.
In March 2008, the Delware Bankruptcy Court approved a $250 million settlement fine to be paid by W.R. Grace & Co. for past and future clean up expenses at the site of the Grace vermiculite mine in Libby, MT. The fine is the largest fine in the history of the Superfund.

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