Permit — Application; hearing; extension.
Del. Code tit. 7, § 6004
in effect(a) Any person desiring to obtain a permit required by § 6003 of this title or a variance or an application to establish a redemption center or a certificate of public convenience and necessity required by subchapter V of this chapter shall submit an application therefor in such form and accompanied by such plans, specifications and other information as required by applicable statute or regulation.
(b) Except as otherwise provided in subsection (c) of this section, upon receipt of an application in proper form, the Secretary shall post on the Department’s website and advertise in a newspaper of general circulation in the county in which the activity is proposed and in a daily newspaper of general circulation throughout the State:
(1) The fact that the application has been received;
(2) A brief description of the nature of the application; and
(3) The place at which a copy of the application may be inspected and an electronic address where the application may be accessed online. The Department may provide instructions for nonelectronic review of application attachments that are too voluminous to post online.
The Secretary shall hold a public hearing on an application, if the Secretary receives a meritorious request for a hearing within a reasonable time as stated in the advertisement. A public hearing may be held on any application if the Secretary deems it to be in the best interest of the State to do so. Such notice shall also be sent by mail to any person who has requested such notification from the Department by providing the name and mailing address. The reasonable time stated shall be 15 days, unless federal law requires a longer time, in which case the longer time shall be stated. A public hearing request shall be deemed meritorious if it exhibits a familiarity with the application and a reasoned statement of the permit’s probable impact. The applicant shall be responsible for the cost of any such advertisements and notices made by the Department as required by this section, not to exceed $500.
(c) The advertisement and notice requirements set forth in subsection (b) of this section may not apply to a permit application received by the Department whenever the subject matter of said application relates to the following:
(1) Air quality control permit applications for open burning, or for the construction or operation of emission control equipment on an existing gasoline dispensing facility, a delivery vessel or a dry cleaning facility;
(2) Water quality control permit applications for a sewage system for 3 or fewer families, a municipal or publicly owned or operated sewage collection system that does not have a pump or lift station, or, a commercial septic system that is used to treat and dispose of 500 gallons or less per day of domestic wastewater only;
(3) Water well construction permit applications for any well from which the Department determines that the withdrawal under normal operations will not exceed 1,000,000 gallons per day.
The Secretary may act without public notice on any permit application that is specified in this subsection.
(d) Advertisements required under subsection (b) of this section may be placed by persons desiring to obtain a permit under § 6003 of this title, provided the advertisement meets the requirements contained in subsection (b) of this section and any additional requirements as may be specified by the Department.
(e) (1) The Secretary may renew or extend the term of a construction permit issued under § 6003(b)(1) of this title for up to 2 additional years, and in either case, may forgo the process set forth in subsections (a) through (d) of this section if all of the following apply:
a. There has been no previous renewal or extension.
b. The permit holder certifies to the Secretary that there have been no material changes to the plans, specifications, and other information set forth in the application previously submitted that would lead to a net adverse environmental impact.
c. The permit holder submits a written request for renewal or extension to the Secretary within 3 years of the date the permit was granted.
d. There are no other circumstances that, in the sole discretion of the Secretary, warrant conditioning the grant of a renewal or extension on compliance with one or more of subsections (a) through (d) of this section.
(2) An extension or renewal granted under this subsection is final and is not appealable under § 6008 of this title.
Source: DE Code (Official Site)URL: https://delcode.delaware.gov/title7/c060/sc02/index.htmlFetched: 10/4/2026