Delaware oil and gas laws can be found in Chapter 62, Title 7 of Delaware Code.  Pursuant to 7 Del. C. § 6204, any person determined by the Secretary to be responsible for causing an incident should immediately undertake to remove such oil pollution to the Secretary’s satisfaction.  If the person responsible fails to immediately undertake the removal of the oil pollution to the Secretary’s satisfaction, the Secretary may undertake the removal of such oil pollution and may retain agents and contractors for such purpose who should operate under the direction of the Secretary.  The Secretary may authorize a third person, affected by such oil pollution, to expend funds to remove said oil pollution at the expense of the person responsible for same.

Powers and Jurisdiction of the Secretary

Pursuant to 7 Del. C. § 6205, the Secretary may seek appropriate relief, including injunctive relief, in any court of competent jurisdiction to prohibit and prevent such violation or violations from continuing.

The Secretary may also bring an action in any court of competent jurisdiction for the collection of expenses incurred by the Department resulting from the violation of this statute or any rule or regulation promulgated thereunder[i].

The person in charge of a vessel or facility, as soon as s/he has knowledge of an incident in which the vessel or facility is involved, should immediately notify the Secretary of the incident[ii].

Pursuant to 7 Del. C. § 6210, when the Secretary receives information of an incident which involves oil pollution, the Secretary should where possible designate the source or sources of the oil pollution and should immediately notify the owner and operator of such source, and the guarantor of that designation as well as the Attorney General of the State.

Regulation of Operation

Any nonresident who, either in person or through others, owns or operates a vessel or facility in or upon the lands or waters of this State or any nonresident who, either in person or through others, owns or operates a vessel or facility outside the State, which while located outside the State causes an incident in or upon the lands or waters of the State is deemed thereby to have submitted himself /herself to the jurisdiction of the courts of this State and to have appointed and constituted the Secretary of State of this State or the Secretary’s designee as his/her agent for the acceptance of legal process in any action under this statute[iii].

Civil Actions

In the case of a claim presented and in which[iv]:

• The person to whom the claim is presented denies all liability for the claim, for any reason; or
• the claim is not settled by any person by payment to the claimant within 60 days of the date upon which the claim was presented, or advertising was commenced, whichever is later, the claimant may elect to commence an action in Superior Court against the owner, operator or guarantor.

In any action brought against an owner, operator or guarantor, both the plaintiff and defendant should serve a copy of the complaint and all subsequent pleadings therein upon the Attorney General and Secretary at the same time those pleadings are served upon the opposing parties.

Appeals

Any person whose interest is substantially affected by the adjudication of the Secretary may appeal to the Environmental Appeals Board within 20 days after the Secretary has announced his/her decision.  The Board may affirm, modify, or reverse the decision of the Secretary.  If the decision of the Secretary is overruled or modified by the Board, then the Board should state reasons for its decision.  No decision of the Board is valid unless signed by a minimum of five members[v].

Any person or persons, jointly or severally, aggrieved by any decision of the Board, may appeal to the Superior Court in and for the county in which the incident in question wholly or principally occurred by filing a petition, duly verified, setting forth the grounds of the appeal.  Any such appeal is perfected within 30 days of the receipt of the written decision of the Board[vi].

Penalties

Any person who violates a provision of this statute or any rule or regulation promulgated thereunder is liable in any court of competent jurisdiction for a civil penalty of not less than $ 1,000 nor more than $ 10,000 for each day of violation[vii].

Delaware Oil and Gas Laws

[i] 7 Del. C. § 6205.

[ii] 7 Del. C. § 6210.

[iii] 7 Del. C. § 6206.

[iv] 7 Del. C. § 6211.

[v] 7 Del. C. § 6213.

[vi] 7 Del. C. § 6214.

[vii] 7 Del. C. § 6205.