§ 7122. Motor vehicle violations; enforcement.
§ 7122. Motor vehicle violations; enforcement. Any person who operates a motor vehicle or owns a motor vehicle which he or she permits to be operated upon public highways of this State which generates noise in excess of standards adopted by the Department of Safety and Homeland Security shall be fined not less than $25 […]
§ 7123. Liberal interpretation.
§ 7123. Liberal interpretation. The powers, duties and functions vested in any state department under this chapter shall not be construed to limit in any manner the powers, duties and functions vested therein or in any person under any other provision of law, or any civil or criminal remedies now or hereafter available to any […]
§ 7124. Other ordinances or remedies.
§ 7124. Other ordinances or remedies. (a) No existing civil or criminal remedy now or hereafter available to any person shall be superseded by this chapter or any rule or regulation promulgated pursuant thereto. (b) No ordinances or resolutions of any governing body of a municipality or county or board of health which establish specific […]
§ 7125. Exemptions.
§ 7125. Exemptions. (a) All farm vehicles are exempted from this chapter while engaged in farming operations. (b) Sirens operated to summon volunteer firefighters to alarms and sirens used to summon ambulance crews to service calls are exempted from this chapter. 60 Del. Laws, c. 648, § 1; 63 Del. Laws, c. 369, § 1; […]
§ 7108. Enforcement; investigations; injunctive relief.
§ 7108. Enforcement; investigations; injunctive relief. (a) The Department of Natural Resources and Environmental Control shall enforce this chapter and any duly promulgated rules and regulations. All law-enforcement agencies of this State, including but not limited to police forces of the counties and incorporated cities and towns, may also enforce this chapter and any duly […]
§ 7109. Variance.
§ 7109. Variance. (a) Any person who owns or operates any stationary noise source may apply to the Secretary of the Department of Natural Resources and Environmental Control for a variance or a partial variance from 1 or more of the rules or regulations promulgated pursuant to this chapter. Applicants for a variance shall supply […]
§ 7110. Temporary emergency variance.
§ 7110. Temporary emergency variance. (a) A temporary emergency variance may be granted by the Department: (1) If a severe hardship would be caused by the time period involved in obtaining a full variance. (2) If the emergency is of an unforeseen nature so as to preclude a full variance because of time limitations. (3) […]
§ 7111. Testimony at hearings.
§ 7111. Testimony at hearings. Testimony taken at any hearing shall be under oath and recorded stenographically, but the parties shall not be bound by the strict rules of evidence prevailing in the courts of law and equity. True copies of any transcript and of any other record made of or at such hearings shall […]
§ 7112. Conduct of hearings.
§ 7112. Conduct of hearings. Any administrative or nonjudicial hearings required by this chapter shall be held before the Secretary of the Department of Natural Resources and Environmental Control or before members of the Department designated by the Secretary. The Secretary, or persons designated by the Secretary to hear the case, shall have the power […]
§ 7113. Appeals of final orders.
§ 7113. Appeals of final orders. (a) Any person or persons who jointly or severally are substantially affected and aggrieved by any final order or variance of the Department, or any taxpayer, or any officer, department, board or bureau of the State may appeal that order to the State Environmental Appeals Board and to the […]