§ 6210. Notification; designation; advertisement.
§ 6210. Notification; designation; advertisement. (a) The person in charge of a vessel or facility, which is subject to this chapter, as soon as he or she has knowledge of an incident in which the vessel or facility is involved, shall immediately notify the Secretary of the incident. (b) (1) When the Secretary receives information, […]
§ 6211. Claims settlement.
§ 6211. Claims settlement. (a) Except as provided in subsection (b) of this section, all claims shall be presented to the owner, operator or guarantor. (b) In the case of a claim presented in accordance with subsection (a) of this section, and in which: (1) The person to whom the claim is presented denies all […]
§ 6212. Adjudication by Secretary.
§ 6212. Adjudication by Secretary. In lieu of any action under § 6211(a) or (b) of this title, the claimant may elect to submit his or her claim to the Secretary for adjudication, that election to be irrevocable and exclusive. 61 Del. Laws, c. 127, § 1; 70 Del. Laws, c. 186, § 1;
§ 6213. Appeal to Board.
§ 6213. Appeal to Board. Any person whose interest is substantially affected by the adjudication of the Secretary under § 6212 of this title may appeal to the Environmental Appeals Board within 20 days after the Secretary has announced his or her decision. The Board may affirm, modify or reverse the decision of the Secretary. […]
§ 6214. Appeal from Board.
§ 6214. Appeal from Board. (a) Any person or persons, jointly or severally, aggrieved by any decision of the Board, may appeal to the Superior Court in and for the county in which the incident in question wholly or principally occurred by filing a petition, duly verified, setting forth the grounds of the appeal. Any […]
§ 6215. Subrogation.
§ 6215. Subrogation. Any person or governmental entity who shall pay compensation to any claimant for an economic loss, compensable under § 6207(a) of this title, shall be subrogated to all rights, claims and causes of action which that claimant has under this chapter. 61 Del. Laws, c. 127, § 1;
§ 6216. Rules and regulations.
§ 6216. Rules and regulations. The Secretary may, after public hearing in accordance with § 6006 of this title, adopt, amend, modify or repeal rules or regulations to effectuate the policies and purposes of this chapter. 61 Del. Laws, c. 127, § 1;
§ 6201. Findings; purpose.
§ 6201. Findings; purpose. (a) The General Assembly finds and declares that the highest and best uses of the seacoast of the State are as a source of public and private recreation and solace from the pressures of an industrialized society and as a source of public use and private commerce in fishing, crabbing and […]
§ 6202. Definitions.
§ 6202. Definitions. The following words and phrases shall have the meanings ascribed to them in this chapter unless the context clearly indicates otherwise: (1) “Claim” shall mean a demand in writing for damages. (2) “Claimant” shall mean anyone who asserts a claim. (3) “Cleanup costs” shall mean costs of reasonable measures taken, after an […]
§ 6203. Pollution of waters and lands prohibited.
§ 6203. Pollution of waters and lands prohibited. The discharge of oil which causes an incident is prohibited. 61 Del. Laws, c. 127, § 1;