Chapter 60

§ 6001 Findings, policy and purpose. (a) Findings. — The General Assembly hereby makes the following findings concerning the development, utilization and control of the land, water, underwater and air resources of the State: (1) The development, utilization and control of the land, water, underwater and air resources of the State are vital to the people in order to assure adequate supplies for domestic, industrial, power, agricultural, recreational and other beneficial uses; (2) The development and utilization of the land, water, underwater and air resources must be regulated to ensure that the land, water, underwater and air resources of the State are employed for beneficial uses and not wasted; (3) The regulation of the development and utilization of the land, water, underwater and air resources of the State is essential to protect beneficial uses and to assure adequate resources for the future; (4) The land, water, underwater and air resources of the State must be protected and conserved to assure continued availability for public recreational purposes and for the conservation of wildlife and aquatic life; (5) The land, water, underwater and air resources of the State must be protected from pollution in the interest of the health and safety of the public; (6) The land, water, underwater and air resources of the State can best be utilized, conserved and protected if utilization thereof is restricted to beneficial uses and controlled by a state agency responsible for proper development and utilization of the land, water, underwater and air resources of the State; (7) Planning for the development and utilization of the land, water, underwater and air resources is essential in view of population growth and the expanding economic activity within the State. (b) Policy. — In view of the rapid growth of population, agriculture, industry and other economic activities, the land, water and air resources of the State must be protected, conserved and controlled to assure their reasonable and beneficial use in the interest of the people of the State. Therefore, it is the policy of this State that: (1) The development, utilization and control of all the land, water, underwater and air resources shall be directed to make the maximum contribution to the public benefit; and (2) The State, in the exercise of its sovereign power, acting through the Department should control the development and use of the land, water, underwater and air resources of the State so as to effectuate full utilization, conservation and protection of the water and air resources of the State. (c) Purpose. — It is the purpose of this chapter to effectuate state policy by providing for: (1) A program for the management of the land, water, underwater and air resources of the State so directed as to make the maximum contribution to the interests of the people of this State; (2) A program for the control of pollution of the land, water, underwater and air resources of the State to protect the public health, safety and welfare; (3) A program for the protection and conservation of the land, water, underwater and air resources of the State, for public recreational purposes, and for the conservation of wildlife and aquatic life; (4) A program for conducting and fostering research and development in order to encourage maximum utilization of the land, water, underwater and air resources of the State; (5) A program for cooperating with federal, interstate, state, local governmental agencies and utilities in the development and utilization of land, water, underwater and air resources; (6) A program for improved solid waste storage, collection, transportation, processing and disposal by providing that such activities may henceforth be conducted only in an environmentally acceptable manner pursuant to a permit obtained from the Department. 7 Del. C. 1953, §  6001; 59 Del. Laws, c. 212, §  1 ; Delaware General Assembly Judicial Executive Contact Twitter Help function submitSearch() { if (!window.location.origin) { window.location.origin = window.location.protocol + "//" + window.location.hostname + (window.location.port ? ':' + window.location.port : ''); } keyword = document.getElementById('srch-term').value; window.location.href = "/Search?query=" + keyword; } document.getElementById('srch-term').onkeyup = function (e) { if (e.keyCode == 13) { submitSearch(); } } § 6002 Definitions. As used in this chapter: (1) “Activity” means construction, or operation, or use of any facility, property, or device. (2) “Agricultural operations” means as defined in § 8141(a) of Title 10. (3) “Air contaminant” means particulate matter, dust, fumes, gas, mist, smoke or vapor or any combination thereof, exclusive of uncombined water. (4) “Air pollution” means the presence in the outdoor atmosphere of 1 or more air contaminants in sufficient quantities and of such characteristics and duration as to be injurious to human, plant or animal life or to property, or which unreasonably interferes with the enjoyment of life and property within the jurisdiction of this State, excluding all aspects of employer-employee relationships as to health and safety hazards. (5) “At cost” means the expense to the government to conduct tests and analyses. No added service fee, or other fees and charges, may be included in this cost. (6) “Board” means the Environmental Appeals Board. (7) “Boat docking facility” shall mean a place where vessels may be secured to a fixed or floating structure or to the shoreline or shoreline structure. (8) “Borrow pit” means any excavation into the subsurface for the purpose of extraction of earth products with the exception of excavation for utility or road construction, agricultural or highway drainage, or dredging operations under the jurisdiction of the U.S. Army Corps of Engineers. (9) “Categorical pretreatment standard” means a pretreatment standard which applies to industrial users in a specific industrial subcategory. (10) “Commercial landfill” means a waste disposal facility available for use by the general public and which accepts waste for disposal for profit. (11) “Debris disposal area” means an excavation, pit or depression into which land clearing debris, along with small amounts of construction or demolition waste incidental to construction, has been placed and which is not a permitted or approved waste management facility. (12) “Dedicated pumpout facility” means a semi-permanent connection made to a vessel for the purpose of removing sewage from the vessel on a continuous basis or automatic intermittent basis to an approved disposal facility. (13) “Delineation” shall mean the process of defining and/or mapping a boundary that approximates the areas that contribute water to a particular water source used as a public water supply. (14) “Department” means the Department of Natural Resources and Environmental Control. (15) “Direct vessel sewage pumpout connection” shall mean a semipermanent connection made to a vessel for the purpose of removing vessel sewage from the vessel holding tank or head on a continuous or automatic intermittent basis to an approved sewage disposal facility. (16) “Discharge or indirect discharge” means the discharge or the introduction of pollutants from any nondomestic source into a POTW. (17) “Domestic wastewater” means the liquid and water-borne human and/or household type waste derived from residential, industrial, institutional or commercial sources. (18) “Dump station” means a type of pumpout facility that receives vessel sewage from portable marine sanitation devices and delivers that sewage to an approved sewage disposal facility. (19) “Earth products” means any solid material, aggregate or substance of commercial value, whether consolidated or loose, found in natural deposits on or in the earth, including, but not limited to clay, silt, diatomaceous earth, sand, gravel, stone, metallic ores, shale and soil. (20) “Environmental release” means any spillage, leakage, emission, discharge or delivery into the air or waters or on or into the lands of this State of any sewage of 10,000 gallons or more oil, industrial waste, liquid waste, hydrocarbon chemical, hazardous substance, hazardous waste, restricted chemical material, vessel discharge, air contaminant, pollutant, regulated biological substance or other wastes reportable pursuant to the Comprehensive Environmental Response, Compensation and Liability Act of 1980 [42 U.S.C. § 9601 et seq.], as amended, or regulations enacted pursuant to § 6028 of this title. (21) “Excellent ground-water recharge potential area” shall mean any area where soils and sedimentary deposits of the most coarse grained nature have the best ability to transmit water vertically through the unsaturated zone to the water table as mapped by the methods described in the Delaware Geological Survey Open File Report No. 34, “Methodology For Mapping Ground-Water Recharge Areas in Delaware’s Coastal Plain” (August 1991), and as depicted on a series of maps prepared by the Delaware Geological Survey. An excellent ground-water recharge potential area shall constitute a critical area as defined under Chapter 92 of Title 29. (22) “Forest products” means any material derived from a silvicultural activity for direct consumption or commercial use, including lumber, sawdust, bark, pine needles, woodchips, wood shavings, slabs, edgings, or trim blocks. (23) “Garbage” shall mean any putrescible solid and semisolid animal and/or vegetable wastes resulting from the production, handling, preparation, cooking, serving or consumption of food or food materials. (24) “Graywater” means galley, bath and shower water. (25) “Ground water” means any water naturally found under the surface of the earth. (26) “Hydrocarbon chemical” means any compound composed of carbon and hydrogen. (27) “Incinerator,” “incinerator structure or facility,” and “waste incinerator” include any structure or facility operated for the combustion (oxidation) of solid waste, even if the by-products of the operation include useful products such as steam and electricity. “Incinerator” does not include any of the following: a. Crematoriums. b. The disposal of the bodies of animals through incineration. c. The burning of poultry waste or poultry manure at the same site where the waste or manure was generated, including the burning of poultry waste or poultry manure generated upon an adjacent farm. d. The disposal of all materials used in the discovery, development, and manufacture of veterinary products, medicines and vaccines. e. The disposition of mortalities from poultry operations in facilities approved by the Delaware Department of Natural Resources and Environmental Control which comply with United States Department of Agricultural Natural Resources Conservation Service Interim Conservation Practice Standard Incinerator 769 or any successor standard. f. The disposal of unadulterated sawdust, wood shavings, bark, woodchips, slabs, edgings, or trim blocks produced because of a production process for lumber, by burning in an enclosed incinerator as part of a sawmill. Any products incinerated as part of a sawmill must be the residual materials of lumber sawn in that sawmill. This exemption does not apply in “the coastal zone,” as defined in § 7002 of this title. (28) “Industrial landfill” means a landsite at which industrial waste is deposited on or into the land as fill for the purpose of permanent disposal. “Industrial landfill” does not mean a facility approved for any of the following: a. The disposal of hazardous waste under § 6307 of this title. b. A sanitary landfill under § 6010 of this title. (29) “Industrial user” means a source of indirect discharge. The term “industrial user” shall include, but not be limited to, the original source of the indirect discharge as well as the owners or operators of any intervening connections, other than those owned or operated by the receiving POTW, which convey the indirect discharge to the POTW. (30) “Industrial waste” means any water-borne liquid, gaseous, solid or other waste substance or a combination thereof resulting from any process of industry, manufacturing, trade or business, or from the development of any agricultural or natural resource. (31) “Liquid waste” means any industrial waste or sewage or other wastes or any combination thereof which may potentially alter the chemical, physical or biological integrity of water from its natural state. (32) “Liquid waste hauler” means any person who engages in the removal of liquid wastes from septic tanks, cesspools, seepage pits, holding tanks or other such devices and conveys such liquid waste to a location removed from the point of acceptance. (33) “Liquid waste treatment plant operator” means any person who has direct responsibility for the operation of a liquid waste treatment plant. (34) “Live-aboard vessel” shall mean: a. A vessel used principally as a residence; b. A vessel used as a place of business, professional or other commercial enterprise and, if used as a means of transportation, said transportation use is a secondary or subsidiary use; this definition shall not include commercial fishing boats which do not fall under paragraph (34)a. of this section; or c. Any other floating structure used for the purposes stated under paragraph (34)a. or b. of this section. (35) “Marinas” are those facilities adjacent to the water which provide for mooring, berthing, or storage of boats, and which include any or all of the related ancillary structures and functions of marinas, such as docks, piers, boat storage areas, boat ramps, anchorages, breakwaters, channels, moorings, basins, boat repair services, boat sales, sales of supplies which are normally associated with boating such as fuel, bait and tackle, boat rentals and parking areas for users of the marina. (36) “Marine Sanitation Device (MSD)” includes any equipment on board a vessel which is designed to receive, retain, treat or discharge sewage, and any process to treat such sewage. Marine sanitation devices are classified as: a. “Type I marine sanitation device” means a device that produces an effluent having a fecal coliform bacteria count not greater than 1,000 per 100 milliliters and no visible floating solids. b. “Type II marine sanitation device” means a device that produces an effluent having a fecal coliform bacteria count of not greater than 200 per 100 milliliters and suspended solids not greater than 150 milligrams per liter. c. “Type III marine sanitation device” means a device that is certified to a no-discharge standard. Type III devices include recirculating and incinerating MSDs and holding tanks. (37) “Oil” means oil of any kind and in any form, including but not limited to, petroleum products, sludge, oil refuse, oil mixed with other wastes and all other liquid hydrocarbons regardless of specific gravity. (38) “Open dump” means any facility or site where solid waste is disposed which is not a sanitary landfill and which is not a facility for disposal for hazardous waste. (39) “Other wastes” means garbage, refuse, decayed wood, sawdust, shavings, bark, sand, lime cinders, ashes, offal, oil, tar, dye-stuffs, acids, chemicals and all discarded substances other than sewage or industrial wastes. (40) “Persons” means any individual, trust, firm, joint stock company, federal agency, partnership, corporation (including a government corporation), association, state, municipality, commission, political subdivision of a state or any interstate body. (41) “Pollutant” means dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, hydrocarbons, oil, and product chemicals, and industrial, municipal and agricultural waste discharged into water. (42) “POTW pretreatment program” means a program administered by a POTW for the purpose of enforcing pretreatment standards in accordance with the Federal Water Pollution Control Act, as amended, 33 U.S.C. § 1251 et seq. and regulations promulgated thereunder. (43) “Pretreatment standard” means any pollutant discharge limit promulgated by the Administrator of the United States Environmental Protection Agency in accordance with § 307(b) and (c) of the Federal Water Pollution Control Act, as amended, 33 U.S.C. § 1317(b) and (c), or by the Secretary, which applies to industrial users. (44) “Public drinking water system” shall mean a community, noncommunity or non-transient non-community water system which provides piped water to the public for human consumption. The system must have at least 15 service connections or regularly serve at least 25 individuals daily for at least 60 days. (45) “Publicly owned treatment works” or “POTW” means either: a. A treatment works which is owned by a city, town, county, district or other public body created by or pursuant to the laws of the State; or b. Any such public body which has jurisdiction over the discharges to such treatment works. (46) “Pumpout facility” means a mechanical device which is temporarily connected to a vessel for the purpose of removing sewage from a vessel to an approved sewage disposal facility. (47) “Refuse” means any putrescible or nonputrescible solid waste, except human excreta, but including garbage, rubbish, ashes, street cleanings, dead animals, offal and solid agricultural, commercial, industrial, hazardous and institutional wastes and construction wastes resulting from the operation of a contractor. (48) “Restricted chemical material” means: a. Any halogenated hydrocarbon chemical (aliphatic or aromatic) including but not limited to trichloroethane, tetrachloroethylene, methylene chloride, halogenated benzenes and carbon tetrachloride; or b. Any aromatic hydrocarbon chemical including, but not limited to, benzene, toluene and naphthalene; or c. Any halogenated phenol derivative in which a hydroxide group and 2 or more halogen atoms are substituted onto aromatic carbons of a benzene ring including, but not limited to, trichlorophenol and pentachlorophenol; or d. Similar materials including but not limited to acrolein, acrylonitrile or benzidene. (49) “Rubbish” means any nonputrescible solid waste, excluding ashes, such as cardboard, paper, plastic, metal or glass food containers, rags, waste metal, yard clippings, small pieces of wood, excelsior, rubber, leather, crockery and other waste materials. (50) “Sanitary landfill” means a facility for the disposal of solid waste which meets the criteria promulgated under § 6010(g)(1) of this title. (51) “Sawmill” means a facility in which unadulterated logs are sawn into lumber and other products of a uniform and known composition. (52) “Secretary” means the Secretary of the Department of Natural Resources and Environmental Control or the Secretary’s duly authorized designee. (53) “Sewage” means water-carried human or animal wastes from septic tanks, water closets, residences, buildings, industrial establishments, or other places, together with such ground water infiltration, subsurface water, admixtures of industrial wastes or other wastes as may be present. (54) “Sewage system” means any part of a wastewater disposal system including, but not limited to, all toilets, urinals, piping, drains, sewers, septic tanks, distribution boxes, absorption fields, seepage pits, cesspools and dry wells. (55) “Sewage system cleanser” means: (i) Any solid or liquid material intended or used primarily for the purpose of cleaning, treating or unclogging any part of a sewage system, or (ii) any solid or liquid material intended or used primarily for the purpose of continuously or automatically deodorizing or disinfecting any part of a sewage system including, but not limited to, solid cakes or devices placed in plumbing fixtures. Excluded from this definition are products intended or used primarily in the manual surface cleaning, scouring, treating, deodorizing or disinfecting, of common plumbing fixtures. (56) “Silviculture” means the care and cultivation of forest trees. (57) “Silvicultural activity” means any forest management activity, including the harvesting of timber, the construction of roads and trails for forest management purposes, the preparation of property for reforestation, or the piling and burning of tree parts. (58) “Slip” means a place where a boat may be secured to a fixed or floating structure, including, but not limited to a dock, pier, mooring or anchorage. Slips may be wet (in the water) or dry (in a rack or other device on land). (59) “Solid waste” means any garbage, refuse, refuse-derived fuel, demolition and construction waste wood, sludge from a waste treatment plant, water supply treatment plant or air pollution control facility and other discarded material, including solid, liquid, semisolid or contained gaseous material resulting from industrial, commercial, mining and agricultural operations, and from community activities, but does not include solid or dissolved material in domestic sewage, or solid or dissolved material in irrigation return flows or industrial discharges which are point sources subject to permits under this chapter, as amended, or source, special nuclear or by-product material as defined by the Atomic Energy Act of 1954 [42 U.S.C. § 2011 et seq.], as amended. By-products of a uniform and known composition produced as a result of a production process are not solid wastes when incinerated onsite. All incinerators under state permit as of March 1, 2000, and renewal permit applications for these incinerators shall not come under the provisions of this section and § 6003 of this title. (60) “Source water” shall mean any aquifer or surface water body from which water is taken either periodically or continuously by a public drinking water system for drinking or food-processing purposes. (61) “Source water assessment” shall mean the identification and evaluation of the sources of water within the State that are used by public drinking water systems in an effort to determine the susceptibility of those sources to contamination. (62) “Source water assessment area” shall mean the delineated area which contributes water to a public water supply system. This is called a wellhead protection area for a well and a watershed or basin for a surface water intake. A source water assessment area shall constitute a critical area as defined under Chapter 92 of Title 29. (63) “Source water assessment plan” shall mean the October 1999 U.S. EPA-approved plan for evaluating the sources of public drinking water in Delaware for their vulnerability and susceptibility to contamination. (64) “Source Water Protection Citizens Technical Advisory Committee” shall mean a group to advise the Secretary of the Department of Natural Resources and Environmental Control, including, but not limited to, representatives of the following organizations or municipalities: DNREC, Department of Health and Social Services, Department of Agriculture, the Delaware Nature Society, the Delaware Public Health Association, the American Association of Retired Persons, the United States Geological Survey, the Christina River Conservancy, the Water Resources Agency of the University of Delaware, the Council of Farm Organizations, the Delaware Rural Water Association, the League of Women Voters, the Friends of Herring Creek, the Civic League of New Castle County, the Delaware Geological Survey, the Committee of 100, the City of Dover, the City of Lewes, the New Castle County Department of Land Use, Kent County Levy Court, Sussex County Council, the League of Local Governments, the Sussex County Association of Towns, the Homebuilders Association of Delaware, the Commercial Industrial Realty Council, and the Delaware Association of Professional Engineers; and public water suppliers. (65) “Surface water” means water occurring generally on the surface of the earth. (66) “Treatment works” means any device and system used in the storage, treatment, recycling and reclamation of municipal sewage, or industrial wastes of a liquid nature, or necessary to recycle or reuse water at the most economical cost over the estimated life of the works, including intercepting sewers, outfall sewers, sewage collection systems, pumping, power and other equipment, and their appurtenances, extensions, improvements, remodeling, additions and alterations thereof; elements essential to provide a reliable recycled supply such as standby treatment units and clear well facilities and improvements to exclude or minimize inflow and infiltration. (67) “Variance” means a permitted deviation from an established rule or regulation, or plan, or standard or procedure. (68) “Vessel” shall mean and include every description of watercraft, boat, houseboat or other form of artificial contrivance used, or capable of being used, whether or not capable of self-propulsion, for navigation on the waters of the State. (69) “Vessel discharge” includes, but is not limited to, any spilling, leaking, pumping, pouring, emitting, emptying or dumping. (70) “Vessel sewage” shall mean human body wastes and wastes from toilets and other receptacles intended to receive or retain human body wastes. (71) “Vessel sewage pumpout station” shall mean a mechanical device which is temporarily connected to a vessel for the purpose of removing vessel sewage from its holding tank or head to an approved sewage disposal facility. (72) “Water facility” means any well, dam, reservoir, surface water intake or waterway obstruction. (73) “Water pollution” means the human-made or human-induced alteration of the chemical, physical, biological or radiological integrity of water. (74) “Water supply system” means all plants, systems, facilities or properties used or useful, or having the present capacity for future use, in connection with the supply or distribution of water, and any integral part thereof, including water distribution systems, mains, laterals, pumping stations, stand pipes, filtration plants, purification plants, hydrants, meters, valves and equipment, appurtenances and all properties, rights, easements and franchises relating thereto and deemed necessary or convenient by the authority for the operation thereof. Except as otherwise provided in this chapter, the term “water supply system” shall not mean a dam, reservoir, surface water intake, water obstruction or well. (75) “Water utility” shall mean any person or entity operating within this State any water service, system, plant or equipment for public use. (76) “Water well contractor” means any person engaged in the business of contracting for the construction of water wells and/or installation of pumping equipment in or for wells. (77) “Well” means any excavation that is drilled, cored, bored, washed, driven, dug, jetted or otherwise constructed when the intended use of such excavation is for the location, testing, acquisition or artificial recharge of underground water, and where the depth is greater than the diameter or width. (78) “Wellhead protection area” shall mean the surface and subsurface area surrounding a water well or wellfield supplying a public water system through which contaminants are likely to reach such a well or wellfield. A Wellhead Protection Area shall constitute a critical area as defined under Chapter 92 of Title 29. (79) “Wellhead protection plan” shall mean the March 1990 U.S. EPA-approved plan for protecting the quality of drinking water derived from public water supply wells in Delaware. 7 Del. C. 1953, §  6002; 59 Del. Laws, c. 212, §  1 ; 61 Del. Laws, c. 315, §  1 ; 62 Del. Laws, c. 412, §§  1, 2 ; 62 Del. Laws, c. 414, §  3 ; 63 Del. Laws, c. 248, §  1 ; 64 Del. Laws, c. 146, §  4 ; 64 Del. Laws, c. 370, §  1 ; 64 Del. Laws, c. 479, §§  4, 5 ; 65 Del. Laws, c. 144, §  1 ; 66 Del. Laws, c. 275, §  1 ; 67 Del. Laws, c. 353, §  2 ; 68 Del. Laws, c. 124, §  3 ; 68 Del. Laws, c. 137, §§  1, 2 ; 68 Del. Laws, c. 403, §§  1, 2 ; 69 Del. Laws, c. 302, §  6 ; 70 Del. Laws, c. 186, §  1 ; 71 Del. Laws, c. 418, §  1 ; 72 Del. Laws, c. 289, §§  1, 6, 7 ; 73 Del. Laws, c. 67, §  1 ; 73 Del. Laws, c. 117, §  1 ; 82 Del. Laws, c. 234, § 1 ; 84 Del. Laws, c. 59, § 1 ; § 6003 Permit — Required. (a) No person shall, without first having obtained a permit from the Secretary, undertake any activity: (1) In a way which may cause or contribute to the discharge of an air contaminant; or (2) In a way which may cause or contribute to discharge of a pollutant into any surface or ground water; or (3) In a way which may cause or contribute to withdrawal of ground water or surface water or both; or (4) In a way which may cause or contribute to the collection, transportation, storage, processing or disposal of solid wastes, regardless of the geographic origin or source of such solid wastes; or (5) To construct, maintain or operate a pipeline system including any appurtenances such as a storage tank or pump station; or (6) To construct any water facility; or (7) To plan or construct any highway corridor which may cause or contribute to the discharge of an air contaminant or discharge of pollutants into any surface or ground water. (b) No person shall, without first having obtained a permit from the Secretary, construct, install, replace, modify or use any equipment or device or other article: (1) Which may cause or contribute to the discharge of an air contaminant; or (2) Which may cause or contribute to the discharge of a pollutant into any surface or ground water; or (3) Which is intended to prevent or control the emission of air contaminants into the atmosphere or pollutants into surface or ground waters; or (4) Which is intended to withdraw ground water or surface water for treatment and supply; or (5) For disposal of solid waste. (c) The Secretary shall grant or deny a permit required by subsection (a) or (b) of this section in accordance with duly promulgated regulations provided all of the following: (1) No permit may be granted unless the county or municipality having jurisdiction has first approved the activity by zoning procedures provided by law. (2) No permit may be granted to any incinerator unless all of the following apply: a. The property on which the incinerator is or would be located is within an area which is zoned for heavy industrial activity and shall be subject to such process rules, regulations or ordinances as the county, municipality or other government entity shall require by law, such as a conditional use, so that conditions may be applied regarding the health, safety and welfare of the citizens within the jurisdiction. b. Every point on the property boundary line of the property on which the incinerator is or would be located is all of the following: 1. At least 3 miles from every point on the property boundary line of any residence. 2. At least 3 miles from every point on the property boundary line of any residential community. 3. At least 3 miles from every point on the property boundary line of any church, school, park, or hospital. (3) No permit or modification to a permit may be granted for an industrial landfill that authorizes a maximum height, including the cap and cover vegetation, of more than 140 feet above the mean sea level of the area. (d) A county which requests authority to administer a system for granting or denying a septic tank permit, and which satisfies the Secretary that it has the capability, including but not limited to regulations and enforcement authority, may be authorized by the Secretary, for a term stated, to administer such a system for the Secretary within that county. In the event of such authorization, an applicant for a septic tank permit in that county shall not be bound by subsections (a) and (b) of this section. (e) The Secretary may, after public hearings, publish a list of activities which do not require a permit. (f) The Secretary may establish fees for permits issued pursuant to this section with the concurrence and approval of the General Assembly. The Secretary shall annually prepare a schedule of fees for permits issued pursuant to this section and submit the same as part of the Department’s annual operating budget proposal. (g) No county, municipality or other governmental entity shall issue any building, placement, storage or occupancy permit or license until the property owner has obtained from the Department any necessary permits for underground discharge of wastewater and withdrawal of groundwater. (h) The Secretary may reduce the amount of any fee charged for any permit or license issued pursuant to the provisions of this title for particular types of permits or classes or categories of permittees. (i) No county, municipality or other governmental entity shall issue any building, placement, storage or occupancy permit or license to any person intending to operate an incinerator unless: (1) The property on which the incinerator is or would be located is within an area which is zoned for heavy industrial activity and shall be subject to such process rules, regulations or ordinances as the county, municipality or other government entity shall require by law, such as a conditional use, so that conditions may be applied regarding the health, safety and welfare of the citizens within the jurisdiction; and (2) Every point on the property boundary line of the property on which the incinerator is or would be located is: a. At least 3 miles from every point on the property boundary line of any residence; b. At least 3 miles from every point on the property boundary line of any residential community; and c. At least 3 miles from every point on the property boundary line of any church, school, park or hospital. (j) For any industrial landfill not approved by the Department to accept waste as of February 20, 2020, the Secretary shall grant or deny a permit for an industrial landfill under subsection (a) or (b) of this section in accordance with duly promulgated regulations and: (1) The county, municipality, or other governmental entity having jurisdiction is satisfied that all the following have been established: a. The property on which the industrial landfill is or would be located is within an area which is zoned for heavy industrial activity. b. The property on which the industrial landfill is or would be located is subject to such process rules, regulations, or ordinances as the county, municipality, or other government entity shall require by law. c. The necessary conditions may be applied in order to ensure the health, safety, and welfare of citizens within the jurisdiction. d. Every point on the property boundary line of the property on which the industrial landfill is or will be located is at least a ¼ mile from all of the following property boundary lines: 1. Any residence, school, park, and hospital. 2. Any residential community. 3. Any wetlands. (2) No permit or modification to a permit may be granted by the Secretary for an industrial landfill that authorizes a maximum height, including the cap and cover vegetation of more than 140 feet above the mean sea level of the area. 7 Del. C. 1953, §  6003; 59 Del. Laws, c. 212, §  1 ; 65 Del. Laws, c. 344, §  1 ; 68 Del. Laws, c. 86, §  3 ; 68 Del. Laws, c. 89 ; 68 Del. Laws, c. 348, §  1 ; 70 Del. Laws, c. 186, §  1 ; 72 Del. Laws, c. 289, §§  2-5 ; 82 Del. Laws, c. 234, § 2 ; 84 Del. Laws, c. 42, § 1 ; § 6004 Permit — Application; hearing; extension. (a) Any person desiring to obtain a permit required by § 6003 of this title or a variance or an application to establish a redemption center or a certificate of public convenience and necessity required by subchapter V of this chapter shall submit an application therefor in such form and accompanied by such plans, specifications and other information as required by applicable statute or regulation. (b) Except as otherwise provided in subsection (c) of this section, upon receipt of an application in proper form, the Secretary shall post on the Department’s website and advertise in a newspaper of general circulation in the county in which the activity is proposed and in a daily newspaper of general circulation throughout the State: (1) The fact that the application has been received; (2) A brief description of the nature of the application; and (3) The place at which a copy of the application may be inspected and an electronic address where the application may be accessed online. The Department may provide instructions for nonelectronic review of application attachments that are too voluminous to post online. The Secretary shall hold a public hearing on an application, if the Secretary receives a meritorious request for a hearing within a reasonable time as stated in the advertisement. A public hearing may be held on any application if the Secretary deems it to be in the best interest of the State to do so. Such notice shall also be sent by mail to any person who has requested such notification from the Department by providing the name and mailing address. The reasonable time stated shall be 15 days, unless federal law requires a longer time, in which case the longer time shall be stated. A public hearing request shall be deemed meritorious if it exhibits a familiarity with the application and a reasoned statement of the permit’s probable impact. The applicant shall be responsible for the cost of any such advertisements and notices made by the Department as required by this section, not to exceed $500. (c) The advertisement and notice requirements set forth in subsection (b) of this section may not apply to a permit application received by the Department whenever the subject matter of said application relates to the following: (1) Air quality control permit applications for open burning, or for the construction or operation of emission control equipment on an existing gasoline dispensing facility, a delivery vessel or a dry cleaning facility; (2) Water quality control permit applications for a sewage system for 3 or fewer families, a municipal or publicly owned or operated sewage collection system that does not have a pump or lift station, or, a commercial septic system that is used to treat and dispose of 500 gallons or less per day of domestic wastewater only; (3) Water well construction permit applications for any well from which the Department determines that the withdrawal under normal operations will not exceed 1,000,000 gallons per day. The Secretary may act without public notice on any permit application that is specified in this subsection. (d) Advertisements required under subsection (b) of this section may be placed by persons desiring to obtain a permit under § 6003 of this title, provided the advertisement meets the requirements contained in subsection (b) of this section and any additional requirements as may be specified by the Department. (e) (1) The Secretary may renew or extend the term of a construction permit issued under § 6003(b)(1) of this title for up to 2 additional years, and in either case, may forgo the process set forth in subsections (a) through (d) of this section if all of the following apply: a. There has been no previous renewal or extension. b. The permit holder certifies to the Secretary that there have been no material changes to the plans, specifications, and other information set forth in the application previously submitted that would lead to a net adverse environmental impact. c. The permit holder submits a written request for renewal or extension to the Secretary within 3 years of the date the permit was granted. d. There are no other circumstances that, in the sole discretion of the Secretary, warrant conditioning the grant of a renewal or extension on compliance with one or more of subsections (a) through (d) of this section. (2) An extension or renewal granted under this subsection is final and is not appealable under § 6008 of this title. 7 Del. C. 1953, §  6004; 59 Del. Laws, c. 212, §  1 ; 59 Del. Laws, c. 537, §  1 ; 61 Del. Laws, c. 503, §  3 ; 64 Del. Laws, c. 146, §§  1-3 ; 64 Del. Laws, c. 472, §  1 ; 68 Del. Laws, c. 124, §  4 ; 70 Del. Laws, c. 53, §  1 ; 70 Del. Laws, c. 186, §  1 ; 73 Del. Laws, c. 117, §  2 ; 78 Del. Laws, c. 185, §  1 ; 81 Del. Laws, c. 273, § 1 ; 84 Del. Laws, c. 42, § 1 ; 84 Del. Laws, c. 103, § 2 ; § 6005 Enforcement; civil and administrative penalties; expenses. (a) The Secretary shall enforce this chapter. (b) Whoever violates this chapter or any rule or regulation duly promulgated thereunder, or any condition of a permit issued pursuant to § 6003 of this title, or any order of the Secretary, shall be punishable as follows: (1) If the violation has been completed, by a civil penalty imposed by Superior Court of not less than $5,000 nor more than $40,000 for each completed violation. Each day of continued violation shall be considered as a separate violation. The Superior Court shall have jurisdiction of a violation in which a civil penalty is sought. If the violation has been completed and there is a substantial likelihood that it will reoccur, the Secretary may also seek a permanent or preliminary injunction or temporary restraining order in the Court of Chancery. (2) If the violation is continuing, the Secretary may seek a monetary penalty as provided in paragraph (b)(1) of this section. If the violation is continuing or is threatening to begin, the Secretary may also seek a temporary restraining order or permanent injunction in the Court of Chancery. In the Secretary’s discretion, the Secretary may endeavor by conciliation to obtain compliance with all requirements of this chapter. Conciliation shall be giving written notice to the responsible party: a. Specifying the complaint; b. Proposing a reasonable time for its correction; c. Advising that a hearing on the complaint may be had if requested by a date stated in the notice; and d. Notifying that a proposed correction date will be ordered unless a hearing is requested. If no hearing is requested on or before the date stated in the notice, the Secretary may order that the correction be fully implemented by the proposed date or may, on the Secretary’s own initiative, convene a hearing, in which the Secretary shall publicly hear and consider any relevant submission from the responsible party as provided in § 6006 of this title. (3) In the Secretary’s discretion, the Secretary may impose an administrative penalty of not more than $40,000 for each day of violation. Prior to assessment of an administrative penalty, written notice of the Secretary’s proposal to impose such penalty shall be given to the violator, and the violator shall have 30 days from receipt of said notice to request a public hearing. A public hearing, if requested, right of appeal, and judicial appeal shall be conducted pursuant to § § 6006-6009 of this title. Assessment of an administrative penalty shall be determined by the nature, circumstances, extent and gravity of the violation, or violations, ability of violator to pay, any prior history of such violations, the degree of culpability, economic benefit or savings (if any) resulting from the violation and such other matters as justice may require. Simultaneous violations of more than 1 pollutant or air contaminant parameter or of any other limitation or standard imposed under this chapter shall be treated as a single violation for each day. In the event of nonpayment of the administrative penalty after all legal appeals have been exhausted, a civil action may be brought by the Secretary in Superior Court for collection of the administrative penalty, including interest, attorneys’ fees and costs, and the validity, amount and appropriateness of such administrative penalty shall not be subject to review. (c) (1) Whenever the Secretary determines that any person has violated this chapter, or a rule, or regulation, or condition of a permit issued pursuant to § 6003 of this title, or an order of the Secretary, said person shall be liable for all expenses incurred by the Department: a. In abating the violation; or b. Controlling a pollution incident related to the violation; or c. Cleanup and restoration of the environment; or d. The costs incurred by the Department in recovering such expenses. Such expenses shall include, but not be limited to, the costs of investigation, legal fees and assistance, public hearings, materials, equipment, human resources, contractual assistance and appropriate salary and overtime pay for all state employees involved in the effort notwithstanding merit system laws, regulations or rules to the contrary. The Secretary shall submit a detailed billing of expenses to the liable person. (2) In the event the liable person desires to challenge the detailed billing submitted by the Secretary, such person shall, within 20 days of receipt of the detailed billing request an administrative hearing before the Secretary. Testimony at the administrative hearing shall be under oath and shall be restricted to issues relating to: a. The finding of violation; and b. The billing of expenses submitted by the Secretary. A verbatim transcript of testimony at the hearing shall be prepared and shall, along with the exhibits and other documents introduced by the Secretary or other party, constitute the record. The Secretary shall make findings of fact based on the record, and enter an order which shall contain reasons supporting the decision. An appeal of the decision of the Secretary may be perfected to Superior Court within 30 days of the decision of the Secretary. In lieu of holding an administrative hearing on the detailed billing, or in the event a liable person fails or refuses to pay any of the expenses listed in the detailed billing, the Secretary may seek to compel payment through the initiation of a civil action in any court of competent jurisdiction within the State of Delaware. This subsection shall not be affected by the appeal provisions of § 6008 of this title. (d) Any expenses and 60% of civil or administrative penalties collected by the Department under this section are hereby appropriated to the Department to carry out the purposes of this chapter; however any expenditure or transfer must be approved by the Director of the Office of Management and Budget and the Controller General. The Department shall submit quarterly reports on the progress of the expenditures and/or projects. All expenditures must be recommended by the Department and approved by the Secretary. All penalty funds will be deposited in the Penalty Fund Account. All of the penalty fund expenditures made by the Department of Natural Resources and Environmental Control shall be reported annually to the Joint Finance Committee in the Department’s annual budget presentation. Included in this presentation shall be an explanation of the process used to select the recipients of penalty fund money. (e) Penalties or fines created by this section may be tripled with respect to any person or entity that was designated a chronic violator pursuant to § 7904 of this title at the time that the act leading to the penalty or fine occurred. 7 Del. C. 1953, §  6005; 59 Del. Laws, c. 212, §  1 ; 59 Del. Laws, c. 537, §§  2, 3 ; 66 Del. Laws, c. 163, §§  1, 2 ; 70 Del. Laws, c. 186, §  1 ; 73 Del. Laws, c. 318, §  2 ; 74 Del. Laws, c. 37, §  1 ; 74 Del. Laws, c. 203, §  1 ; 75 Del. Laws, c. 88, §  21(4) ; 75 Del. Laws, c. 357, §  1 ; 78 Del. Laws, c. 177, §  18 ; 81 Del. Laws, c. 58, § 239 ; 84 Del. Laws, c. 42, § 1 ; 85 Del. Laws, c. 84, § 2 ; § 6006 Public hearings. Any public hearing held by the Secretary concerning any regulation or plan, permit application, alleged violation or variance request shall be conducted as follows: (1) For any hearing on an application for a permit or an alleged violation or variance request, notification shall be served upon the applicant or alleged violator as summonses are served or by registered or certified mail not less than 20 days before the time of said hearing. Not less than 20 days’ notice shall also be published in a newspaper of general circulation in the county in which the activity is proposed or the alleged violation has occurred and in a daily newspaper of general circulation throughout the State. (2) For a hearing on a regulation or plan proposed for adoption, notification shall be published in a newspaper of general circulation in each county and in a newspaper of general circulation in the State. Such notification shall include: a. A brief description of the regulation or plan; b. Time and place of hearing; and c. Time and place where copies of the proposed regulation may be obtained and a copy of the plan is available for public scrutiny. Such notice shall also be sent to any persons who have requested such notification from the Department by providing the name and mailing address. (3) The permit applicant or the alleged violator or party requesting a variance may appear personally or by counsel at the hearing and produce any competent evidence in his or her behalf. The Secretary or his or her duly authorized designee may administer oaths, examine witnesses and issue, in the name of the department, notices of hearings or subpoenas requiring the testimony of witnesses and production of books, records or other documents relevant to any matter involved in such hearing; and subpoenas shall also be issued at the request of the applicant or alleged violator or party requesting a variance. In case of contumacy or refusal to obey a notice of hearing or subpoena under this section, the Superior Court in the county in which the hearing is held shall have jurisdiction upon application of the Secretary, to issue an order requiring such person to appear and testify or produce evidence as the case may require. (4) A record from which a verbatim transcript can be prepared shall be made of all hearings and shall, also with the exhibits and other documents introduced by the Secretary or other party, constitute the record. The expense of preparing any transcript shall be borne by the person requesting it. The Secretary shall make findings of fact based on the record. The Secretary shall then enter an order that will best further the purpose of this chapter, and the order shall include reasons. The Secretary shall promptly give written notice to the persons affected by such order. (5) The Secretary may establish a fee schedule for applications and hearings, and may collect from the applicant or from a violator finally adjudged guilty, the necessary expenses of the Department for conducting the hearing, or a reasonable fee for processing an application, or both. Any fees collected under this chapter are hereby appropriated to the Department to carry out the purposes of this chapter. The Secretary shall report through the annual budget process the receipt, proposed use and disbursement of these funds. 7 Del. C. 1953, §  6006; 59 Del. Laws, c. 212, §  1 ; 63 Del. Laws, c. 322, §  105(a) ; 64 Del. Laws, c. 62, §  1 ; 68 Del. Laws, c. 148, §  1 ; 70 Del. Laws, c. 186, §  1 ; § 6007 Establishment of Environmental Appeals Board. (a) There is hereby created an Environmental Appeals Board which shall consist of 7 Delaware residents, appointed by the Governor with the advice and consent of the Senate. The Chairperson shall be appointed by the Governor and serve at the Governor’s pleasure. Each county shall be represented by 2 members. Registered members of either major political party shall not exceed the other major political party by more than 1. The term of each member appointed shall be 3 years. Vacancies in Board membership shall be filled by the Governor for the remainder of the unexpired term. (b) The Board is a quasi-judicial review board which is constituted in order to hear appeals of decisions of the Secretary. The Board or its designee may issue subpoenas by certified mail for witnesses or evidence, administer oaths to witnesses and conduct prehearing conferences for the simplification of issues by consent, for the disposal of procedural requests or disputes and to regulate and expedite the course of the hearing. (c) (1) A simple majority of the Board constitutes a quorum. A simple majority of those members of the Board present is required to override the decision of the Secretary. (2) a. The Board shall schedule, but not necessarily conduct, a hearing on the merits of an appeal within 30 days following the receipt of the appeal. b. The Board shall complete the hearing on the merits of the appeal within 120 days following the receipt of the appeal unless the Chairperson tolls this period under paragraph (c)(5) of this section. (3) a. The Board may verbally announce the decision at the conclusion of the hearing. b. A written decision must be mailed to the parties by certified mail within 60 days after the completion of the hearing. (4) a. If the Board fails to complete the hearing within the time period required under paragraph (c)(2)b. of this section, the decision of the Secretary is a final decision for all purposes, including an appeal under § 6009 of this title, 121 days after the date of receipt of the appeal. b. If the Board fails to issue the written opinion within the time period required under paragraph (c)(3)b. of this section, the decision of the Secretary is a final decision for all purposes, including an appeal under § 6009 of this title, 61 days after completion of the hearing. (5) Upon the written request of both parties, the Chairperson may toll the running of the 120-day period under paragraph (c)(2)b. of this section by a letter that states the number of days the period is tolled. (d) Any member of the Board with a personal or private financial interest in the outcome of an appeal before the Board shall disqualify himself or herself from any consideration of that matter and shall inform the Chairperson who shall note such interest on the record of the hearing. (e) Each Board member shall be compensated for such reasonable expenses as travel and meals for each meeting and hearing attended. (f) The Environmental Appeals Board shall adopt such rules and regulations as are necessary to provide procedures to implement the terms of §§ 6007-6009 of this title, which shall apply to appeals to the Environmental Appeals Board. Prior to adopting any such rules and regulations, the Board shall designate a day, time and place for a public hearing on such proposed rules or for any amendments to existing or proposed rules and regulations. The Board shall give 20 days’ notice of such hearing by publication in a newspaper of general circulation in the State and shall make copies of such proposed regulations available to the public upon request. The public hearing on such regulations shall be consistent with the provisions of Chapter 101 of Title 29. (g) In any appeal to the Board there shall be required a reasonable fee, as established by the General Assembly, to cover such costs as are incurred during the appeal. The fees charged by the Environmental Appeals Board shall be deposited in a special account in the name of the Environmental Appeals Board and shall be used solely for the costs and expenses of that Board in holding its hearings and proceedings. 7 Del. C. 1953, §  6007; 59 Del. Laws, c. 212, §  1 ; 60 Del. Laws, c. 201, §  1 ; 68 Del. Laws, c. 86, §  4 ; 68 Del. Laws, c. 148, §  1 ; 70 Del. Laws, c. 186, §  1 ; 85 Del. Laws, c. 365, § 1 ; § 6008 Appeals to Board. (a) (1) a. Except as provided under subsection (e) of this section, any person whose interest is substantially affected by any action of the Secretary may appeal to the Environmental Appeals Board within 20 days after receipt of the Secretary’s decision or publication of the decision. b. The grant of a permit on subaqueous lands may be appealed by any person whose interest is substantially affected. (2) The Board shall conduct a public hearing for all appeals in accordance with Chapter 101 of Title 29. Deliberations of the Board may be conducted in executive session. Each member who votes shall indicate the nature of their vote in the written decision. (b) (1) Whenever a final decision of the Secretary concerning any case decision, including any permit or enforcement action, is appealed, the Board shall hold a public hearing in accordance with Chapter 101 of Title 29. The record before the Board must include the entire record presented to the Secretary, as follows: a. If all or part of the record was transmitted to the Secretary by e-mail, that email may be a part of the record. b. Except for public comments submitted by e-mail, e-mail communication that does not involve the Secretary is not part of the record and is not required to be produced for any appeal. (2) All parties to the appeal may appear personally or by counsel at the hearing and may produce any competent evidence in their behalf. The Board may exclude any evidence which is plainly irrelevant, immaterial, insubstantial, cumulative or unduly repetitive, and may limit unduly repetitive proof, rebuttal and cross-examination. The burden of proof is upon the appellant to show that the Secretary’s decision is not supported by the evidence on the record before the Board. The Board may affirm, reverse or remand with instructions any appeal of a case decision of the Secretary. (c) Appeals of regulations shall be on the record before the Secretary. The Board may hear new evidence if it is relevant to or clarifies those issues in the record before the Secretary. The Board may exclude any new evidence which is plainly irrelevant, immaterial, insubstantial, cumulative or unduly repetitive. Regulations will be presumed valid, and the burden will be upon the appellant to show that the regulations are arbitrary and capricious, or adopted without a reasonable basis in the record. The Board shall take due account of the Secretary’s experience and specialized competence and of the purposes of this chapter in making its determination. The board may affirm, reverse or remand any appeal of regulations promulgated by the Secretary. (d) The decision of the Board shall be signed by all members who were present at the hearing. (e) There is no appeal of a decision by the Secretary regarding any of the following: (1) Consistency with the federal Coastal Zone Management Act [16 U.S.C. § 1451 et seq.]. (2) The denial of a permit on any matter involving state-owned land, including subaqueous lands, except if the sole ground of the appeal is that the decision was discriminatory in that the applicant, whose circumstances are like and similar to those of other applicants, was not afforded like and similar treatment. (f) No appeal shall operate to stay automatically any action of the Secretary, but upon application, and for good cause, the Secretary or the Court of Chancery may stay the action pending disposition of the appeal. (g) At any tim