CHAPTER 201

FORMERLY

SENATE BILL NO. 245

AS AMENDED BY HOUSE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 60, TITLE 7 OF THE DELAWARE CODE TO PROVIDE THE ENVIRONMENTAL APPEALS BOARD WITH THE ABILITY TO PROMULGATE RULES AND REGULATIONS GOVERNING PROCEDURES BEFORE THAT BOARD; AND TO ALLOW FOR A FEE TO BE CHARGED FOR APPEALS COSTS.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Amend §6007, Chapter 60, Title 7 of the Delaware Code by adding two new subsections thereto, which new subsections shall read as follows:

"(0 The Environmental Appeals Board shall adopt such rules and regulations as are necessary to provide procedures and to provide costs which shall apply to appeals to the Environmental Appeals Board. Prior to adopting any such rules and regulations, the Board shall designate a day, time and place for a public hearing on such proposed rules and regulations or for any amendments to existing or proposed rules and regulations. The Board shall give thirty (30) days notice of such hearing by publication in a newspaper of general circulation in the State of Delaware and shall make copies of such proposed regulations and rules or amendments to existing rules and regulations available to the public upon request. In any appeal to the Board there shall be required a $40 deposit to cover such costs as are incurred during the appeal.

(g) Any fees charged by the Environmental Appeals Board pursuant to subsection (0 of this section shall be deposited in a special account in the name of the Environmental Appeals Board and shall be used solely for the costs and expenses of that Board in holding its hearings and proceedings."

Section 2. This Act shall become effective immediately.

Approved July 9, 1975