7 Del. Admin. Code § 1134-13.0

Current through Register Vol. 28, No. 1, July 1, 2024

Section 1134-13.0 - Enforcement

13.1 The Department shall enforce the provisions of this regulation under applicable laws.

13.2 Notwithstanding another person's liability, negligence or false representation, each person who owns or operates a source and participates in the generation or use of ERCs under this regulation shall be solely responsible to assure that any affected source under their ownership or control is in compliance with all applicable emission standards and limitations.

13.3 If the Department determines that a person has violated the provisions of this regulation, then the Department may take appropriate enforcement action. In any such enforcement proceedings, a person who generates emission reductions shall have the burden of proof that the emission reductions generated are real, surplus, enforceable, permanent, and quantifiable; and a person who uses ERCs shall have the burden to comply with applicable emission standards or limitations and the provisions of this regulation.

10/06/1997

7 Del. Admin. Code § 1134-13.0

22 DE Reg. 405 (11/1/2018) (Final)