Title 7, Conservation

§ 6141. Existing rights. This chapter shall not change the law of this State relating to existing property, riparian or other rights of this State or other persons in submerged, tideland or filled lands.7 Del. C. 1953, § 6461; 55 Del. Laws, c. 442, § 1; 59 Del. Laws, c. 212, § 1;…

§ 6142. Violations; enforcement; civil and criminal penalties. (a) The Secretary shall enforce this chapter. (b) Whoever violates this chapter, or any rule, or regulation, or condition of a lease or permit issued pursuant to authority granted in this chapter or an order of the Se…

§ 6143. Cease and desist order. The Secretary shall have the power to issue an order to any person violating any rule, or regulation, or permit condition, or lease condition, or provision of this chapter, to cease and desist from such violation. Any cease and desist order issued …

§ 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…

§ 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…

§ 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 …

§ 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 $5,000 nor more than $40,000 for each day of violation. Any ci…

§ 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 …

§ 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 per…

§ 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 un…

§ 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 requiremen…

§ 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 incid…

§ 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…

§ 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, m…

§ 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…

§ 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. Law…

§ 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;

§ 6301. Findings; purpose. (a) The General Assembly finds that: (1) Continuing technological progress, increases in the amounts of manufacture and the abatement of air and water pollution have resulted in ever-increasing quantities of hazardous wastes; (2) The public health and s…

§ 6302. Definitions. The following words and phrases shall have the meaning ascribed to them in this chapter unless the context clearly indicates otherwise: (1) “Activity” means construction, operation or use of any facility, site, property or device. (2) “Commission” means the C…

§ 6303. Hazardous waste management plan. (a) The Department is authorized to study and investigate the problems of hazardous waste control and management in Delaware, and shall develop and publish after public hearing a statewide hazardous waste management plan, which shall inclu…

§ 6304. Prohibitions; records. (a) No person shall generate, store, transport, treat or dispose of hazardous wastes in this State without reporting such activity to the Department as required by this chapter and regulations promulgated hereunder. (b) No person shall generate, sto…

§ 6305. Regulations [For application of this section, see 85 Del. Laws, c. 42, § 10]. (a) The Secretary shall, after notice and public hearing, promulgate and revise as appropriate: (1) a. Criteria, consistent with those promulgated by the United States Environmental Protection A…

§ 6306. Generation and transportation of hazardous waste. (a) Within 90 days of the effective date of regulations promulgated under this chapter setting forth criteria for identifying the characteristics of hazardous wastes and listing hazardous wastes, any person generating or t…

§ 6307. Hazardous waste treatment, disposal and storage facilities and sites. (a) Within 90 days of the effective date of regulations promulgated under this chapter setting forth criteria for identifying the characteristics of hazardous wastes and listing hazardous wastes, any pe…

§ 6308. Imminent hazards. Notwithstanding any other provision of this chapter, the Secretary, upon receipt of information that the storage, transportation, treatment or disposal of any hazardous waste may present an imminent and substantial hazard to the health of persons or to t…

§ 6309. Enforcement. (a) (1) Whenever on the basis of any information the Secretary determines that any person is in violation of any requirement of this chapter, any condition or limitation in a transfer facility approval or permit or variance issued thereunder or any rule or re…

§ 6310. Inspections; right of entry. (a) For the purpose of developing or enforcing any regulation, permit or other requirement authorized by this chapter, any duly authorized employee of the Department may, upon presentation of appropriate credentials at any reasonable time: (1)…

§ 6311. Service of process on owners or operators who are nonresidents or corporations not incorporated in Delaware. (a) Any nonresident person who, either in person or through others, owns or operates a facility or conducts an activity subject to this chapter or any nonresident …

§ 6312. Public hearings. Public hearings shall be held on any application for or draft of, any permit or transfer facility approval, or modification thereof, or any regulation, variance request, permit revocation or appeal to the Environmental Appeals Board in accordance with §§ …

§ 6313. Appeals. (a) Any person whose interest is substantially affected by any action of the Secretary may appeal to the Environmental Appeals Board in accordance with § 6008 of this title. (b) Any person, a party to an appeal before the Board, substantially affected by a decisi…

§ 6314. Variances. Variances and temporary emergency variances may be granted by the Secretary from any regulation, transfer facility approval or permit condition adopted pursuant to this chapter in accordance with §§ 6011 and 6012 of this title, except that no temporary emergenc…

§ 6315. Interference with Department personnel. No person shall obstruct, hinder, delay or interfere with, by force or otherwise, the performance by Department personnel of any duty under this chapter, or any regulation, order, permit or decision promulgated or issued thereunder.…

§ 6316. Funds; charges. (a) The Department may cooperate with and receive moneys from the federal government, and any state or local government, or other appropriate source in carrying out its duties under this chapter. (b) Any charges encountered by the Department as a direct re…

§ 6317. Interstate cooperation. The General Assembly encourages cooperative activities by the Department and the Commission with other states, interstate or regional organizations, and the federal government for the improved management of hazardous wastes; for improved, and so fa…

§ 6318. Direct action against guarantor. (a) In any case where the owner or operator is in bankruptcy, reorganization or arrangement pursuant to the Federal Bankruptcy Code or where (with reasonable diligence) jurisdiction in any state court or any federal court cannot be obtaine…

§ 6319. Waste-end assessments for persons generating, storing, treating and disposing of hazardous wastes [For application of this section, see 85 Del. Laws, c. 42, § 10]. (a) The Secretary is hereby authorized to impose and collect waste-end assessments in accordance with this s…

§ 6401. Findings; policy; purpose. (a) Findings. — The General Assembly finds and declares: (1) That the people of the State have the right to a clean and wholesome environment; (2) That prevailing solid waste disposal practices generally, throughout the State, result in unnecess…

§ 6402. Definitions. The following terms shall have the meanings ascribed to them in this chapter: (1) “Authority” means the Delaware Solid Waste Authority. (2) “Costs” means the cost or fair market value or value, as determined by the Authority, of construction, real property, p…

§ 6403. Establishment, composition, etc., of Authority. (a) There is hereby established and created a statewide solid waste authority, a body politic and corporate constituting a public instrumentality of the State established and created for the performance of an essential publi…

§ 6404. Functions of Authority. The functions of the Authority shall include, but not be limited to the following: (1) The planning, design, construction, financing, management, ownership, operation and maintenance of solid waste disposal, volume reduction and resources recovery …

§ 6405. Manager and staff. (a) The manager of the Authority shall be a resident of the State, a registered professional engineer in the State and have obtained at least a masters degree in either civil, mechanical or chemical engineering from an accredited college or university. …

§ 6406. Powers of Authority. (a) The Authority shall have the power to: (1) Approve and adopt an organizational structure to implement this chapter. (2) Employ a staff to carry out the functions of the Authority. (3) Establish offices where necessary in the State. (4) Retain by c…

§ 6407. Funds and transfers of interests. (a) The Authority shall have the power to: (1) Accept gifts, grants or loans of funds, property or service from any source, public or private, and comply, subject to this chapter, with the terms and conditions thereof; (2) Receive funds f…

§ 6408. Private contractors. The Authority may utilize private industry, by contract, to carry out the business, design, operating, management, marketing, planning and research and development functions of the Authority, or the Authority may determine that it is in the public int…