§ 6208. Liability.
§ 6208. Liability. (a) Subject to subsection (b) of this section, the owner and operator of a vessel or of a facility, which is the source of, or poses a threat of, oil pollution, shall be jointly, severally and strictly liable for all damages for which a claim may be asserted under § 6207 of […]
§ 6209. Financial responsibility.
§ 6209. Financial responsibility. (a) The owner or operator of a vessel or offshore facility shall establish and maintain evidence of financial responsibility by obtaining a Certificate of Financial Responsibility issued by the United States Coast Guard pursuant to the requirements of the Oil Pollution Act of 1990 (OPA), 33 U.S.C. § 2701, et seq., […]
§ 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 […]