§ 7904. Permit modification, suspension, denial, revocation and chronic violator status.
§ 7904. Permit modification, suspension, denial, revocation and chronic violator status. (a) A “chronic violator” is a regulated party that has demonstrated an inability or unwillingness to comply with 1 or more of the Department’s regulatory programs. (1) The criteria for determining whether a regulated party has demonstrated such inability or unwillingness shall include whether […]
§ 7920. Severability.
§ 7920. Severability. If any provision of this subchapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this subchapter which can be given effect without the invalid provision or application, and to this end the provisions of this subchapter are severable. 75 […]
§ 7905. Additional information; duty to cooperate.
§ 7905. Additional information; duty to cooperate. All applicants, regulated parties and permittees have the continuing duty to provide any assistance or information requested by the Department, and to cooperate in an inquiry or investigation or hearing conducted by the Department. 68 Del. Laws, c. 419, § 1; 78 Del. Laws, c. 177, § 16;
§ 7906. Penalties for chronic violators.
§ 7906. Penalties for chronic violators. In addition to other applicable enforcement provisions contained in relevant sections of chapters covered by § 7901(b) of this title, the Secretary is authorized to impose an administrative penalty of up to $10,000 per day for each violation against any regulated party that is determined to be a chronic […]
§ 7907. Definitions.
§ 7907. Definitions. As used in this subchapter: (1) “Activity and use limitations” means restrictions or obligations with respect to real property created under this subchapter. (2) “Common interest community” means a condominium or other real property with respect to which a person, by virtue of the person’s ownership of a parcel of real property, […]
§ 7908. Nature of rights; subordination of interests.
§ 7908. Nature of rights; subordination of interests. (a) The interest of a holder is an interest in real property. The rights of the Department under this subchapter or under an approved environmental covenant, other than as a holder, are not interests in real property. (b) The Department is bound by the obligations it assumes […]
§ 7909. Contents of environmental covenant.
§ 7909. Contents of environmental covenant. (a) An environmental covenant must: (1) State that the instrument is an environmental covenant executed pursuant to this subchapter. (2) Contain a legally sufficient description of the real property subject to the covenant; (3) Describe the activity and use limitations on the real property; (4) Identify the holder which […]
§ 7910. Validity.
§ 7910. Validity. (a) An environmental covenant that complies with this subchapter runs with the land. (b) An environmental covenant that is otherwise effective is valid and enforceable even if: (1) It is not appurtenant to an interest in real property; (2) It can be or has been assigned to a person other than the […]
§ 7911. Relationship to other land use law.
§ 7911. Relationship to other land use law. This subchapter does not authorize a use of real property that is otherwise prohibited by zoning or by law other than this subchapter regulating use of real property, or by a recorded instrument that has priority over the environmental covenant. An environmental covenant may prohibit or restrict […]
§ 7912. Notice.
§ 7912. Notice. (a) The owner or another person designated by the Department shall provide a copy of a signed environmental covenant as required by the Department to: (1) All persons who signed the covenant; (2) All persons holding a recorded interest in the real property subject to the covenant; (3) All persons in possession […]