§ 6002. Definitions. The following words and phrases shall have the meaning ascribed to them in this chapter unless the context clearly indicates otherwise: (1) “Activity” means construction, or operation, or use of any facility, property, or device. (2) “Air contaminant” means particulate matter, dust, fumes, gas, mist, smoke or vapor or any combination thereof, […]
§ 6003. Permit — Required. (a) No person shall, without first having obtained a permit from the Secretary, undertake any activity: (1) In a way which may cause or contribute to the discharge of an air contaminant; or (2) In a way which may cause or contribute to discharge of a pollutant into any surface […]
§ 6004. Permit — Application; hearing; extension. (a) Any person desiring to obtain a permit required by § 6003 of this title or a variance or an application to establish a redemption center or a certificate of public convenience and necessity required by subchapter V of this chapter shall submit an application therefor in such […]
§ 6005. Enforcement; civil and administrative penalties; expenses. (a) The Secretary shall enforce this chapter. (b) Whoever violates this chapter or any rule or regulation duly promulgated thereunder, or any condition of a permit issued pursuant to § 6003 of this title, or any order of the Secretary, shall be punishable as follows: (1) If […]
§ 6006. Public hearings. Any public hearing held by the Secretary concerning any regulation or plan, permit application, alleged violation or variance request shall be conducted as follows: (1) For any hearing on an application for a permit or an alleged violation or variance request, notification shall be served upon the applicant or alleged violator […]
§ 6007. Establishment of Environmental Appeals Board. (a) There is hereby created an Environmental Appeals Board which shall consist of 7 Delaware residents, appointed by the Governor with the advice and consent of the Senate. The Chairperson shall be appointed by the Governor and serve at the Governor’s pleasure. Each county shall be represented by […]
§ 6008. Appeals to Board. (a) Any person whose interest is substantially affected by any action of the Secretary may appeal to the Environmental Appeals Board within 20 days after receipt of the Secretary’s decision or publication of the decision. The Board shall conduct a public hearing for all appeals in accordance with Chapter 101 […]
§ 6009. Appeal from the Board’s decision. (a) Any person or persons, jointly or severally, or any taxpayer, or any officer, department, board or bureau of the State, aggrieved by any decision of the Board, may appeal to the Superior Court in and for the county in which the activity in question is wholly or […]
§ 6010. Rules and regulations; plans. (a) The Secretary may adopt, amend, modify or repeal rules or regulations, or plans, after public hearing, to effectuate the policy and purposes of this chapter. No such rule or regulation shall extend, modify or conflict with any law of this State or the reasonable implications thereof. (b) The […]
§ 6011. Variance. (a) The Secretary may, upon application of a person (except an application concerning (1) a source of water or a sewerage facility for 3 or fewer families or (2) open burning, on which the Secretary may act without public notification), grant a variance to that person from any rule or regulation promulgated […]
§ 6012. Temporary emergency variances. (a) Notwithstanding § 6011 of this title, other than subsection (g) of that section, the Secretary may grant a variance to any rules or regulations promulgated pursuant to this chapter, for a period not to exceed 60 days. The request for a temporary emergency variance shall be submitted in writing, […]
§ 6013. Criminal penalties. (a) Any person who wilfully or negligently: (1) Violates § 6003 of this title, or violates any condition or limitation included in a permit issued pursuant to § 6003 of this title, or any variance condition or limitation, or any rule or regulation, or any order of the Secretary; or (2) […]
§ 6014. Regulatory and compliance information, facility performance and public information. (a) The Department shall develop an Environmental Information System that will include general information about facilities and sites under the Department’s regulatory jurisdiction as defined by Chapters 40, 60, 62, 63, 66, 70, 72, 74, 77, 78, and 91 of this title and Chapter […]
§ 6015. Interference with Department personnel. No person shall obstruct, hinder, delay or interfere with, by force or otherwise, the performance by Department personnel of any duty under this chapter, or any rule or regulation or order or permit or decision promulgated or issued thereunder. 7 Del. C. 1953, § 6015; 59 Del. Laws, c. […]
§ 6016. Departmental investigations; witnesses; oaths; attendance. In furtherance of the policy and purposes of this chapter, the Secretary may make or cause to be made any investigation or study which is, in his or her opinion, necessary for the purpose of enforcing this chapter. For such purposes the investigative officer designated by the Secretary […]
§ 6017. Sealing noncomplying equipment. (a) The Department may seal, after consultation with the Attorney General, any source required to have a permit which is installed, altered, used or operated without such a permit or which is in violation of a cease and desist order. (b) If the equipment is sealed, no person shall tamper […]
§ 6018. Cease and desist order. The Secretary shall have the power to issue an order to any person violating any rule, regulation or order or permit condition or provision of this chapter to cease and desist from such violation; provided, that any cease and desist order issued pursuant to this section shall expire (1) […]
§ 6019. Voluntary compliance. Nothing in this chapter shall prevent the Department from making efforts to obtain voluntary compliance by way of warning, notice or other educational means; this section does not, however, require that such voluntary methods be used before proceeding by way of compulsory enforcement. 7 Del. C. 1953, § 6019; 59 Del. […]
§ 6020. Liberal construction. This chapter, being necessary for the welfare of the State and its inhabitants, shall be liberally construed in order to preserve the land, air and water resources of the State. 7 Del. C. 1953, § 6020; 59 Del. Laws, c. 212, § 1;
§ 6021. Federal aid; other funds. The Department may cooperate with and receive moneys from the federal government, any state or local government or any industry or other source. Such moneys received are appropriated and made available for the study and preservation of land, water and air resources. 7 Del. C. 1953, § 6021; 59 […]
