§ 7101. Declaration of purpose. (a) The General Assembly finds and determines that the people of this State are entitled to and should be ensured an environment free from noise which unnecessarily degrades the quality of their life; that the levels of noise often reach such a degree as to endanger the health, safety and […]
§ 7102. Short title. This chapter shall be known and may be cited as the “Delaware Noise Control Act”. 60 Del. Laws, c. 648, § 1; 63 Del. Laws, c. 369, § 1;
§ 7103. Definitions. (a) “Committee” shall mean the Noise Advisory Committee created under this chapter. (b) “Farming operations” shall mean any activity which is involved in the production of agriculture, livestock, dairy or poultry products for sale. (c) “Farm vehicle” shall mean a wheeled device used for transportation in farming operations. (d) “Manufacturer” shall mean […]
§ 7104. Noise and noise disturbance prohibited. (a) No person shall, without first having obtained a variance or a temporary emergency variance from the Department of Natural Resources and Environmental Control, undertake any activity which in any way may cause or contribute to the creation of noise or a noise disturbance. (b) No person shall, […]
§ 7105. Administration of chapter; applicability of subchapter. (a) The Secretary of the Department of Natural Resources and Environmental Control or the Secretary’s duly authorized designee shall exercise general supervision over the administration of this chapter and, in conjunction with the various law-enforcement agencies of this State, the enforcement of this chapter, and shall have […]
§ 7106. Powers and duties of Department of Natural Resources and Environmental Control. The Department of Natural Resources and Environmental Control shall have the power and its duty shall be to: (1) Adopt standards, rules and regulations, after public hearing, for the prevention, control, reduction and abatement of noise pollution, applicable throughout the State or […]
§ 7107. Authority of Department of Natural Resources and Environmental Control. The Department of Natural Resources and Environmental Control shall have the authority to: (1) Conduct and supervise research programs for the purpose of determining the causes, effects and hazards of noise; (2) Conduct and supervise statewide programs of noise control education, including the preparation […]
§ 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. (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. (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. 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. 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. (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 […]
