§ 7107. Authority of Department of Natural Resources and Environmental Control.
§ 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.
§ 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 […]
§ 7011. Penalties.
§ 7011. Penalties. Any person who violates this chapter shall be fined not more than $50,000 for each offense. The continuance of an activity prohibited by this chapter during any part of a day shall constitute a separate offense. Superior Court shall have exclusive original jurisdiction over offenses under this chapter. 7 Del. C. 1953, […]
§ 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 […]
§ 7012. Injunctions.
§ 7012. Injunctions. The Court of Chancery shall have jurisdiction to enjoin violations of this chapter. 7 Del. C. 1953, § 7012; 58 Del. Laws, c. 175.;
§ 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 […]
§ 7013. Inconsistent laws superseded; all other laws unimpaired; certain uses not authorized.
§ 7013. Inconsistent laws superseded; all other laws unimpaired; certain uses not authorized. All laws or ordinances inconsistent with any provision of this chapter are hereby superseded to the extent of the inconsistency. Provided, that present and future zoning powers of all counties and municipalities, to the extent that said powers are not inconsistent with […]