reglab/housing_qa huggingface dataset:
7 DE Code § 6009. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 60. Environmental Control|Subchapter II. Powers and Duties of Secretary and Department|§ 6009. Appeal from the Board's decision.

§ 6009. Appeal from the Board's decision. (a) Any person or persons, jointly or severally, or any taxpayer, or any officer, department, board or bureau of the State, aggrieved by any decision of the Board, may appeal to the Superior Court in and for the county in which the activity in question is wholly or principally located by filing a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Any such appeal shall be perfected within 30 days of the receipt of the written opinion of the Board. (b) The Court may affirm, reverse or modify the Board's decision. The Board's findings of fact shall not be set aside unless the Court determines that the records contain no substantial evidence that would reasonably support the findings. If the Court finds that additional evidence should be taken, the Court may remand the case to the Board for completion of the record. (c) No appeal shall operate to stay automatically any action of the Secretary, but upon application, and for good cause, the Board or the Court of Chancery may stay the action pending disposition of the appeal. 7 Del. C. 1953, §  6009;  59 Del. Laws, c. 212, §  1;  59 Del. Laws, c. 537, §§  5, 6;  68 Del. Laws, c. 148, §  1;
7 DE Code § 6012. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 60. Environmental Control|Subchapter II. Powers and Duties of Secretary and Department|§ 6012. Temporary emergency variances.

§ 6012. Temporary emergency variances. (a) Notwithstanding § 6011 of this title, other than subsection (g) of that section, the Secretary may grant a variance to any rules or regulations promulgated pursuant to this chapter, for a period not to exceed 60 days. The request for a temporary emergency variance shall be submitted in writing, setting forth the reasons for the request. (b) A temporary emergency variance may be granted only after a finding of fact by the Secretary that:  (1) Severe hardship would be caused by the time period involved in obtaining variances pursuant to § 6011 of this title; (2) The emergency was of such an unforeseeable nature so as to preclude, because of time limitations, an application under § 6011 of this title; (3) The conditions set forth in § 6011(b)(1)-(4) of this title are satisfied. (c) Temporary emergency variances granted pursuant to this section may not be extended more than once. (d) The granting of any temporary emergency variance shall be published within 5 days of the granting of said variance. 7 Del. C. 1953, §  6012;  59 Del. Laws, c. 212, §  1;  59 Del. Laws, c. 537, §  10;  62 Del. Laws, c. 414, §  2;
7 DE Code § 6015. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 60. Environmental Control|Subchapter II. Powers and Duties of Secretary and Department|§ 6015. Interference with Department personnel.

§ 6015. 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 rule or regulation or order or permit or decision promulgated or issued thereunder. 7 Del. C. 1953, §  6015;  59 Del. Laws, c. 212, §  1;
7 DE Code § 6016. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 60. Environmental Control|Subchapter II. Powers and Duties of Secretary and Department|§ 6016. Departmental investigations; witnesses; oaths; attendance.

§ 6016. Departmental investigations; witnesses; oaths; attendance. In furtherance of the policy and purposes of this chapter, the Secretary may make or cause to be made any investigation or study which is, in his or her opinion, necessary for the purpose of enforcing this chapter. For such purposes the investigative officer designated by the Secretary may subpoena witnesses and the production of documents and compel their testimony. Testimony received at a Departmental investigation shall be under oath and open to the public. Findings of these investigations or studies shall be made public. 7 Del. C. 1953, §  6016;  59 Del. Laws, c. 212, §  1;  70 Del. Laws, c. 186, §  1;
7 DE Code § 6017. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 60. Environmental Control|Subchapter II. Powers and Duties of Secretary and Department|§ 6017. Sealing noncomplying equipment.

§ 6017. Sealing noncomplying equipment. (a) The Department may seal, after consultation with the Attorney General, any source required to have a permit which is installed, altered, used or operated without such a permit or which is in violation of a cease and desist order. (b) If the equipment is sealed, no person shall tamper with or remove the seal from any equipment so sealed. Violation of this provision shall make the violator upon conviction liable to punishment as provided in § 6005 of this title. (c) A seal may be removed from equipment only upon receipt of written authorization from the Department. The Department shall order removal of the seal after the reason(s) which caused the sealing has been corrected. 7 Del. C. 1953, §  6017;  59 Del. Laws, c. 212, §  1;
7 DE Code § 6018. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 60. Environmental Control|Subchapter II. Powers and Duties of Secretary and Department|§ 6018. Cease and desist order.

§ 6018. Cease and desist order. The Secretary shall have the power to issue an order to any person violating any rule, regulation or order or permit condition or provision of this chapter to cease and desist from such violation; provided, that any cease and desist order issued pursuant to this section shall expire (1) after 30 days of its issuance, or (2) upon withdrawal of said order by the Secretary, or (3) when the order is suspended by an injunction, whichever occurs first. 7 Del. C. 1953, §  6018;  59 Del. Laws, c. 212, §  1;
7 DE Code § 6019. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 60. Environmental Control|Subchapter II. Powers and Duties of Secretary and Department|§ 6019. Voluntary compliance.

§ 6019. Voluntary compliance. Nothing in this chapter shall prevent the Department from making efforts to obtain voluntary compliance by way of warning, notice or other educational means; this section does not, however, require that such voluntary methods be used before proceeding by way of compulsory enforcement. 7 Del. C. 1953, §  6019;  59 Del. Laws, c. 212, §  1;
7 DE Code § 6020. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 60. Environmental Control|Subchapter II. Powers and Duties of Secretary and Department|§ 6020. Liberal construction.

§ 6020. Liberal construction. This chapter, being necessary for the welfare of the State and its inhabitants, shall be liberally construed in order to preserve the land, air and water resources of the State. 7 Del. C. 1953, §  6020;  59 Del. Laws, c. 212, §  1;
7 DE Code § 6021. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 60. Environmental Control|Subchapter II. Powers and Duties of Secretary and Department|§ 6021. Federal aid; other funds.

§ 6021. Federal aid; other funds. The Department may cooperate with and receive moneys from the federal government, any state or local government or any industry or other source. Such moneys received are appropriated and made available for the study and preservation of land, water and air resources. 7 Del. C. 1953, §  6021;  59 Del. Laws, c. 212, §  1;
7 DE Code § 6022. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 60. Environmental Control|Subchapter II. Powers and Duties of Secretary and Department|§ 6022. Temporary limits and procedures for hazardous operations.

§ 6022. Temporary limits and procedures for hazardous operations. Where no rule or regulation has been promulgated which sets specific limits for the use, emission or discharge, or operating procedure for hazardous operations, the Secretary may set temporary limits or operating procedure; provided, that the temporary limits or orders shall not be effective for more than 6 months unless adopted into permanent rules and regulations within that period. The affected parties shall be given a hearing before the Department within 30 days, if requested, on any action taken under this section. 7 Del. C. 1953, §  6022;  59 Del. Laws, c. 212, §  1;
7 DE Code § 6023. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 60. Environmental Control|Subchapter II. Powers and Duties of Secretary and Department|§ 6023. Licensing of water well contractors, pump installer contractors, drillers, drivers, pump installers, septic tank installers, liquid waste treatment plant operators and liquid waste haulers.

§ 6023. Licensing of water well contractors, pump installer contractors, drillers, drivers, pump installers, septic tank installers, liquid waste treatment plant operators and liquid waste haulers. (a) No person shall:  (1) Engage in the drilling, boring, coring, driving, digging, construction, installation, removal or repair of a water well or water test well; or (2) Install, maintain or repair pumping equipment in or from a well without a license issued by the Department, except (i) as, or under the supervision of, a licensed plumber, or (ii) an agricultural well on land owned or leased by the person installing, maintaining or repairing the pumping equipment. For the purpose of this paragraph “agricultural well” shall mean a well used for irrigation of crops, for the watering of livestock or poultry, for aquaculture uses, or for other on-farm purposes where the water is not to be used for human consumption or to service a residential dwelling. (b) No person shall engaged in the construction, repair, installation or replacement of a septic tank system or any part thereof except as or under the supervision of a licensed septic tank installer. (c) No person shall operate any liquid waste treatment system without a duly licensed liquid waste treatment plant operator. (d) No person shall haul, convey or transport any liquid waste in any container without a license issued by the Department. (e) Any person requiring a license for any activity specified in subsections (a)-(d) of this section shall file an application with the Secretary in such form and accompanied by such information as the Secretary may require by regulation. (f) The Secretary shall have the exclusive power to grant or deny any license required under subsections (a), (b), (c) and (d) of this section. The Secretary shall adopt regulations setting forth requirements, including an acceptable performance or an examination for obtaining and retaining any such license. 7 Del. C. 1953, §  6023;  59 Del. Laws, c. 212, §  1;  59 Del. Laws, c. 537, §  15;  60 Del. Laws, c. 288, §  3;  64 Del. Laws, c. 472, §  2;  71 Del. Laws, c. 187, §  1;
7 DE Code § 6024. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 60. Environmental Control|Subchapter II. Powers and Duties of Secretary and Department|§ 6024. Right of entry.

§ 6024. Right of entry. The Secretary, or the Secretary's duly authorized designee, in regulating water pollution, air pollution, solid waste disposal or any other matter over which he or she has jurisdiction pursuant to this chapter, may enter, at reasonable times, upon any private or public property for the purpose of determining whether a violation exists of a statute or regulation enforceable by him or her, upon given verbal notice, and after presenting official identification to the owner, occupant, custodian or agent of said property. 7 Del. C. 1953, §  6024;  59 Del. Laws, c. 212, §  1;  70 Del. Laws, c. 186, §  1;
7 DE Code § 6026. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 60. Environmental Control|Subchapter II. Powers and Duties of Secretary and Department|§ 6026. License fees.

§ 6026. License fees. (a) (1) The Secretary may establish fees, subject to approval by the General Assembly, for granting any license to any percolation tester, system designer, site evaluator, system inspector, well water contractor, pump installer contractor, well driver, well driller, pump installer, septic tank system installer, liquid waste hauler and liquid waste treatment plant operator. (2) Notwithstanding any other provisions of law to the contrary, the General Assembly hereby authorizes and approves the following schedule of license fees to be imposed by the Department effective July 1, 2003: Percolation Tester, $40 annual fee; System Designer, $40 annual fee; Site Evaluator, $40 annual fee; System Inspector, $40 annual fee; Septic Tank System Installer, $40 annual fee; and Liquid Waste Hauler; $40 annual fee. (3) Any fees collected under this subsection are hereby appropriated to the Department to carry out the purposes of this chapter. (b) The Secretary may establish fees for conveyance of oil and hazardous substance through pipeline after holding public hearings on such a fee schedule. (c) Any fee collected under this subsection is hereby appropriated to the Department to carry out the purposes of this chapter. 7 Del. C. 1953, §  6026;  59 Del. Laws, c. 212, §  1;  60 Del. Laws, c. 288, §  5;  64 Del. Laws, c. 472, §  3;  74 Del. Laws, c. 139, §  1;
7 DE Code § 6027. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 60. Environmental Control|Subchapter II. Powers and Duties of Secretary and Department|§ 6027. Change of authority.

§ 6027. Change of authority. The word “Secretary” shall be substituted wherever the words “Water and Air Resources Commission” or “Commission” appear in the Delaware Code and any authority vested in the “Water and Air Resources Commission” or “Commission” is hereby delegated to the Secretary without qualification. 7 Del. C. 1953, §  6027;  59 Del. Laws, c. 212, §  1;
7 DE Code § 6029. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 60. Environmental Control|Subchapter II. Powers and Duties of Secretary and Department|§ 6029. Limitations on scope of chapter.

§ 6029. Limitations on scope of chapter. This chapter shall not apply to or change the existing law in respect to:  (1) The landowner's right to place a dam across a gully on his or her property or across a stream that originates on that landowner's property where provision is made for continued established average minimum flow occurring for 7 consecutive days within the lowest flow year of record; or (2) The right to build and maintain a dam or construct a pond and divert water from any stream on any stream having a minimum flow of not more than 1/2 million gallons of water per day, and utilize up to 360 acre inches of the impounded water per year so long as such action does not affect the established average minimum flow in the stream below the dam at any time; or (3) Ponds not larger than 60,000 square feet constructed for purposes of conservation, recreation, propagation and protection of fish and wildlife, watering of stock or fire protection; or (4) Linear water and wastewater utility projects that have a maximum width of disturbance of 30 feet or less and with a maximum total disturbance of 1 acre or less are: (i) subject to Erosion and Sediment Control regulations adopted by the Department, and (ii) exempt from Stormwater Management regulation adopted by the Department. For the purposes of this section “erosion and sediment control” means the control of solid material, both mineral and organic, during a land disturbing activity, to prevent its transport out of the disturbed area by means of wind, water, gravity, or ice. For the purposes of this section “stormwater management” means:  a. For water quantity control, a system of vegetative, structural, and other measurers that controls the volume and rate of Stormwater runoff which may be caused by land disturbing activities upon the land; and b. For water quality control, a system of vegetative, structural, and other measures that controls adverse effects on water quality that may be caused by land disturbing activities upon the land.7 Del. C. 1953, §  6029;  59 Del. Laws, c. 212, §  1;  70 Del. Laws, c. 186, §  1;  80 Del. Laws, c. 392, § 2;
7 DE Code § 6030. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 60. Environmental Control|Subchapter II. Powers and Duties of Secretary and Department|§ 6030. Approval of water use.

§ 6030. Approval of water use. No increase in the amount of water used shall be made by a user without prior approval of the Department. 7 Del. C. 1953, §  6030;  59 Del. Laws, c. 212, §  1;
7 DE Code § 6032. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 60. Environmental Control|Subchapter II. Powers and Duties of Secretary and Department|§ 6032. Licensing of site evaluators, percolation testers and on-site system designers and contractors.

§ 6032. Licensing of site evaluators, percolation testers and on-site system designers and contractors. (a) No person shall conduct percolation tests or soil evaluations or design, inspect or install on-site wastewater treatment and disposal systems without first having obtained a license from the Secretary. As a prerequisite of licensing, the Secretary may require the person to demonstrate familiarity with test procedures and applicable regulations, and to sign a statement under penalty of perjury that he or she will abide by all statutes and regulations governing the design, inspection and installation of on-site wastewater treatment and disposal systems. In addition, the Secretary may require each licensee or class of licensees to show proof of surety to cover liability for such risks and in such amounts as the Secretary may establish by regulation after public notice in accordance with § 6006 of this title. (b) Any license by the Secretary shall be for a fixed term not to exceed 3 years and shall be renewable upon application. (c) The Secretary shall adopt such other regulations after public notice and hearing in accordance with § 6006 of this title as necessary to accomplish the purposes of this title. (d) The license requirements shall not apply in a county which has been delegated authority to issue septic tank permits pursuant to § 6003(d) of this title. 61 Del. Laws, c. 264, §  1;  65 Del. Laws, c. 361, §  1;  70 Del. Laws, c. 186, §  1;  74 Del. Laws, c. 139, §  2;
7 DE Code § 6033. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 60. Environmental Control|Subchapter II. Powers and Duties of Secretary and Department|§ 6033. Pretreatment program.

§ 6033. Pretreatment program. (a) The Secretary shall develop, implement and enforce, and may amend, modify and repeal, a state pretreatment program in compliance with the Federal Water Pollution Control Act, as amended, 33 U.S.C. § 1251 et seq. and regulations promulgated thereunder. In addition to any other authority which the Secretary may exercise for this purpose under this chapter or other chapters of this Code, the Secretary may:  (1) Require any POTW to develop, submit for approval to the Secretary, administer and enforce a POTW pretreatment program; (2) Review, approve and deny requests for approval of POTW pretreatment programs submitted by a POTW to the Secretary; (3) Require any POTW, whether or not such POTW is required to develop and enforce a POTW pretreatment program, to develop, submit for approval to the Secretary and enforce specific limits on or prohibitions against discharges of pollutants by industrial users of such POTW to prevent interference with such POTW; (4) Incorporate conditions into new or existing permits issued to POTWs, such as, but not limited to, compliance schedules, modification clauses, the elements of an approved pretreatment program and specific limits on or prohibitions against discharges by industrial users into such POTW; (5) Review, approve and deny requests from POTWs required to develop POTW programs to modify categorical pretreatment standards to reflect removals achieved by such POTW; (6) Require any POTW or industrial user to submit reports, monitor activities and maintain records to assure compliance with this section and regulations hereunder; (7) Require compliance by industrial users with pretreatment standards, and discharge limits and prohibitions; (8) Adopt, amend, modify or repeal rules or regulations to effectuate this section and comply with federal laws and regulations respecting pretreatment. Such rules and regulations shall be adopted, after public hearing, in accordance with § 6010 of this title; provided, however, that the Secretary may incorporate into state regulations without a public hearing a categorical pretreatment standard which has previously been promulgated by regulation by the Administrator of the United States Environmental Protection Agency. Prior to incorporating any such categorical pretreatment standard without a public hearing, the Secretary shall comply with §§ 10115, 10116 and 10118 of Title 29. (b) The Secretary may seek any relief authorized by this chapter against any industrial user even if a POTW has acted or will act to seek such relief. 62 Del. Laws, c. 414, §  4;
7 DE Code § 6034. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 60. Environmental Control|Subchapter II. Powers and Duties of Secretary and Department|§ 6034. Sewage system cleansers and additives.

§ 6034. Sewage system cleansers and additives. (a) No person shall distribute, sell, offer or expose for sale in this State any sewage system cleanser or additive containing any restricted chemical materials in excess of 1 part per hundred by weight. The penalty for an initial violation of this subsection shall be a formal written warning by the Secretary for the first offense; and for any subsequent violation a fine of $500 shall be imposed. (b) No person shall use, introduce or apply, or cause any other person to use, introduce or apply in any sewage system, surface waters or groundwaters in this State any sewage system cleanser or additive containing any restricted chemical material or any combination thereof, in excess of 1 part per hundred. The penalty for violating this subsection shall be a fine of $100 for the first offense and $1,000 for each subsequent offense. (c) No person shall serve water, or a product containing water, to the public from a well ordered closed due to the presence of restricted chemical materials. The penalty for each such violation shall be a fine of not less than $1,000 nor more than $10,000. Any subsequent violation of this subsection by a violator shall result in the closing of the facility until a new and safe source of water is found and is operative in the facility. (d) The Courts of the Justices of the Peace shall have jurisdiction over offenses under this section. (e) The Secretary, with assistance from the Division of Public Health, shall:  (1) Conduct a public education program by utilizing mass-media instruments within 90 days of July 17, 1984; (2) Thereafter, conduct random spot checks in appropriate business concerns to insure that no restricted chemical materials are on sale; and (3) Take appropriate enforcement action for violations of the sale or use of restricted chemical materials as provided in subsections (a) and (b) of this section.64 Del. Laws, c. 370, §  2;