§ 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. 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. The discharge of oil which causes an incident is prohibited. 61 Del. Laws, c. 127, § 1;
§ 6204. Removal of illegal discharge. Any person determined by the Secretary to be responsible for causing an incident shall immediately undertake to remove such oil pollution to the Secretary’s satisfaction. If the person responsible fails immediately to undertake to remove the oil pollution to the Secretary’s satisfaction, the Secretary may undertake the removal of […]
§ 6205. Enforcement. (a) Any person who violates a provision of this chapter or any rule or regulation promulgated thereunder shall be liable in any court of competent jurisdiction for a civil penalty of not less than $1,000 nor more than $10,000 for each day of violation. Any civil penalties collected under this section are […]
§ 6206. Service of process on owners or operators of vessels or facilities who are nonresidents or corporations not incorporated in Delaware. (a) Any nonresident who, either in person or through others, owns or operates a vessel or facility in or upon the lands or waters of this State or any nonresident who, either in […]
§ 6207. Damages; claimants. (a) In addition to all necessary costs of investigation and prosecution claims for damages for economic loss, arising out of or directly resulting from oil pollution, may be asserted for: (1) Cleanup costs; (2) Injury to, or destruction of, real or personal property; (3) Loss of use of real or personal […]
§ 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. (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. (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. (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. 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. 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. (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. 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. 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;
