Delaware Code
Subchapter II. Powers and Duties of Secretary and Department
§ 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 him or her 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.