(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.
Structure Delaware Code
Chapter 60. ENVIRONMENTAL CONTROL
Subchapter II. Powers and Duties of Secretary and Department
§ 6004. Permit — Application; hearing; extension.
§ 6005. Enforcement; civil and administrative penalties; expenses.
§ 6007. Establishment of Environmental Appeals Board.
§ 6009. Appeal from the Board's decision.
§ 6010. Rules and regulations; plans.
§ 6012. Temporary emergency variances.
§ 6014. Regulatory and compliance information, facility performance and public information.
§ 6015. Interference with Department personnel.
§ 6016. Departmental investigations; witnesses; oaths; attendance.
§ 6017. Sealing noncomplying equipment.
§ 6018. Cease and desist order.
§ 6021. Federal aid; other funds.
§ 6022. Temporary limits and procedures for hazardous operations.
§ 6028. Report of discharge of pollutant or air contaminant.
§ 6029. Limitations on scope of chapter.
§ 6030. Approval of water use.
§ 6031. Obligation of recipients of water allocations.
§ 6034. Sewage system cleansers and additives.
§ 6035. Vessel sewage discharge.
§ 6036. Projects of state significance.
§ 6037. Obligation of persons who contaminate drinking water supplies.
§ 6039. Debris disposal area remediation.
§ 6040. Requirement for scrap tire piles; enforcement.
§ 6041. Scrap Tire Management Fund.
§ 6042. Civil and administrative penalties; Community Environmental Project Fund.