§ 6022. Temporary limits and procedures for hazardous operations. Where no rule or regulation has been promulgated which sets specific limits for the use, emission or discharge, or operating procedure for hazardous operations, the Secretary may set temporary limits or operating procedure; provided, that the temporary limits or orders shall not be effective for more […]
§ 6023. Licensing of water well contractors, pump installer contractors, drillers, drivers, pump installers, septic tank installers, liquid waste treatment plant operators and liquid waste haulers. (a) No person shall: (1) Engage in the drilling, boring, coring, driving, digging, construction, installation, removal or repair of a water well or water test well; or (2) Install, […]
§ 6024. Right of entry. The Secretary, or the Secretary’s duly authorized designee, in regulating water pollution, air pollution, solid waste disposal or any other matter over which he or she has jurisdiction pursuant to this chapter, may enter, at reasonable times, upon any private or public property for the purpose of determining whether a […]
§ 6025. Solid waste. (a) The Secretary shall have exclusive authority to effectuate the purposes of this chapter concerning solid waste, set forth in § 6001(c)(6) of this title notwithstanding any authority heretofore conferred upon or exercised by any other state agency, but any regulations heretofore duly adopted by any other state agency shall remain […]
§ 6026. License fees. (a) (1) The Secretary may establish fees, subject to approval by the General Assembly, for granting any license to any percolation tester, system designer, site evaluator, system inspector, well water contractor, pump installer contractor, well driver, well driller, pump installer, septic tank system installer, liquid waste hauler and liquid waste treatment […]
§ 6027. Change of authority. The word “Secretary” shall be substituted wherever the words “Water and Air Resources Commission” or “Commission” appear in the Delaware Code and any authority vested in the “Water and Air Resources Commission” or “Commission” is hereby delegated to the Secretary without qualification. 7 Del. C. 1953, § 6027; 59 Del. […]
§ 6028. Report of discharge of pollutant or air contaminant. (a) Any person who causes or contributes to an environmental release or to the discharge of an air contaminant into the air, or a pollutant, including petroleum substances, into surface water, groundwater or on land, or disposal of solid waste in excess of any reportable […]
§ 6029. Limitations on scope of chapter. This chapter shall not apply to or change the existing law in respect to: (1) The landowner’s right to place a dam across a gully on his or her property or across a stream that originates on that landowner’s property where provision is made for continued established average […]
§ 6030. Approval of water use. No increase in the amount of water used shall be made by a user without prior approval of the Department. 7 Del. C. 1953, § 6030; 59 Del. Laws, c. 212, § 1;
§ 6031. Obligation of recipients of water allocations. (a) The Secretary shall, when the use of water pursuant to an allocation granted under § 6010(f) of this title causes the depletion or exhaustion of an existing use of water, require as a condition of such allocation that the recipient of such allocation take 1 or […]
§ 6032. Licensing of site evaluators, percolation testers and on-site system designers and contractors. (a) No person shall conduct percolation tests or soil evaluations or design, inspect or install on-site wastewater treatment and disposal systems without first having obtained a license from the Secretary. As a prerequisite of licensing, the Secretary may require the person […]
§ 6033. Pretreatment program. (a) The Secretary shall develop, implement and enforce, and may amend, modify and repeal, a state pretreatment program in compliance with the Federal Water Pollution Control Act, as amended, 33 U.S.C. § 1251 et seq. and regulations promulgated thereunder. In addition to any other authority which the Secretary may exercise for […]
§ 6034. Sewage system cleansers and additives. (a) No person shall distribute, sell, offer or expose for sale in this State any sewage system cleanser or additive containing any restricted chemical materials in excess of 1 part per hundred by weight. The penalty for an initial violation of this subsection shall be a formal written […]
§ 6035. Vessel sewage discharge. (a) Marina owners/operators for marinas that are located in whole or in part on tidal waters of the State, and that provide dockage for vessels with a portable toilet or toilets or Type III marine sanitation device or devices (MSD), shall provide convenient access, as determined by the Department, to […]
§ 6036. Projects of state significance. The Department shall adopt objective standards and criteria to identify “projects of state significance” which standards and criteria shall be used by the Department in evaluating projects in the State requiring the review or approval of the Department. The process to be followed by the Department in the adoption […]
§ 6037. Obligation of persons who contaminate drinking water supplies. (a) (1) The Secretary shall develop and publish the necessary forms to be used by any person who believes his or her drinking water supply has been contaminated to petition for an alternative water supply, said petition will include, at a minimum, the following: a. […]
§ 6037B. Recreational water. (a) The Secretary shall provide for the sanitary control of natural swimming and bathing places. (b) The Secretary shall consult with the Director of the Division of Public Health prior to making any recommendations on swimming or bathing conditions that pose a significant risk to the public health. 69 Del. Laws, […]
§ 6038. Borrow pits. (a) The Secretary shall develop, implement and enforce, and may amend, modify and repeal, after notice and public hearing, a program to protect the waters of the State from adverse environmental impacts relating to the operation of borrow pits. In addition to any other authority which the Secretary may exercise for […]
§ 6039. Debris disposal area remediation. (a) The Secretary may develop, implement and administer a program for the identification, investigation, assessment, mitigation and remediation of debris disposal areas created as part of the construction of residential or subdivision developments. Any person who caused or contributed to the creation or use of a debris disposal area […]
§ 6040. Requirement for scrap tire piles; enforcement. (a) The following definitions shall apply to this section: (1) “Operator” means any person or entity who has or had a contractual or other responsibility for security, maintenance, sales or operations of a scrap tire pile or of any real property on which a scrap tire pile […]
