Delaware Code § 7-6098

Application shield
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Except for sources required to have a permit before construction or modification under the applicable requirements of this subchapter,
if an applicant has submitted a timely and complete application for a permit required by this title (including renewals), but final action
has not been taken on such application, the source's failure to have a permit shall not be a violation of this subchapter, unless the delay
in final action was due to the failure of the applicant to timely submit information required or requested to process the application.

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