2023 Delaware Code › Title 7 - Conservation › Chapter 71. NOISE CONTROL AND ABATEMENT › Subchapter I. Nonvehicle Provisions › § 7109. Variance.

§ 7109. Variance.
(a) Any person who owns or operates any stationary noise source may apply to the Secretary of the Department of Natural Resources and Environmental Control for a variance or a partial variance from 1 or more of the rules or regulations promulgated pursuant to this chapter. Applicants for a variance shall supply information including, but not limited to:
(1) Information on the nature and location of the facility or process for which such application is made.
(2) The reason for which the variance is required, including the economic and technical justifications.
(3) The nature and intensity of noise that will occur during the period of the variance.
(4) A description of interim noise control measures to be taken by the applicant to minimize noise and the impacts occurring therefrom.
(5) A specific schedule of the best practical noise control measures, if any, which might be taken to bring the source into compliance with those regulations from which a variance is sought, and a statement of the length of time during which it is estimated that it will be necessary for the variance to continue.
(6) Any other relevant information the Department may require in order to make a determination regarding the application.
(b) Failure to supply the information required shall be cause for rejection of the application unless the applicant supplies the needed information within 30 days of the written request by the Department for such information.
(c) No variance shall be approved unless the Secretary finds that:
(1) Noise levels occurring during the period of the variance will not constitute a danger to the public health; and
(2) Compliance with this chapter and any duly promulgated rules or regulations would impose an arbitrary or unreasonable hardship upon the applicant without a commensurate benefit to the public.
(d) In determining whether to grant a variance, the Secretary shall consider:
(1) The character and degree of injury to, or interference with, the health and welfare of people or the reasonable use of property which is caused or threatened to be caused by the noise during the variance period.
(2) The social and economic value of the activity for which the variance is sought.
(3) The ability of the applicant to apply best practical noise control measures, as defined in duly promulgated regulations.
(e) Following receipt and review of an application for a variance, and after publishing notice once a week for 2 weeks in a newspaper of general circulation in the county wherein the variance is proposed, the Department shall, if necessary, fix a date, time and location for a hearing on such application in accordance with § 6004 of this title. Costs of newspaper advertising are to be paid by the applicant.
(f) Within 10 days of the receipt of the record of a hearing on a variance application, or within 10 days of receipt of an application on which no hearing is held, the Department shall issue its determination regarding such application and provide a copy to affected parties. All such decisions shall briefly set forth the reasons for the decision.
(g) The Department may, in its discretion, limit the duration of any variance granted. Any person holding a variance and needing an extension of time may apply for a new variance under this chapter and any duly promulgated rules and regulations for a period not to exceed 1 year. Any such application shall include a certification of compliance with any condition imposed under the previous variance.
(h) The Department may attach to any variance any reasonable conditions it deems necessary and desirable, including, but not limited to:
(1) Requirements for the best practical noise control measures to be taken by the owner or operator of the source to minimize noise during the period of the variance.
(2) Requirements for periodic reports submitted by the applicant relating to noise, to compliance with any other conditions under which the variance was granted or to any other information the Department deems necessary.
(i) A variance may include a compliance schedule and requirements for periodic reporting of increments of achievement of compliance.
63 Del. Laws, c. 369, §  1;