Thе appeal poses the single question of the number of votes required for the Envi
I
This matter originated in the effort by Texaco Refining and Marketing Inc. (“Texaco”) to secure a temporary emergency variance from certain pollution standards under the procedure set forth in 7 Del.C. § 6012(c). The variance request was denied by the Secretary and Texaco promptly appealed that denial to the Board. By vote of three to two the Board reversed the Secretary and granted the variance. The Secretary thereupon appealed to the Superior Court, which ruled that the vote of a majority of the Board, four members, was required to reverse the Secretary’s decision. Tеxaco filed an appeal from that ruling but the parties have resolved their remaining diffеrences over the variance. Although the underlying controversy was rendered moot, this Court аgreed to decide the legal issue because of its importance to the functioning of the Board and the prospect of recurrence. McDermott Inc. v. Lewis, Del.Supr.,
We are required to construe the Board’s decisional authority under 7 Del.C. § 6007(c), which provides:
A simple majority of the Board shall constitute a quorum. A simрle majority of the Board shall be required for overriding the decision of the Secretary. If the Board fails to act on any appeal within 90 days following the receipt of the aрpeal, the decision of the Secretary shall be considered as affirmed by the Board.
The Superior Court ruled that while the first sentence of the statute was clear, the second sentence was ambiguous and required interpretation. In construing the disputed sentence, thе Superior Court concluded that the language was intended to provide a standard for overruling the Secretary’s decision. The court then reasoned that the second sentence would be rendered mere surplusage if read to mean that only a simple majority is neсessary to override the Secretary’s decision. Thus, under Texaco’s interpretation, thе second sentence adds nothing to the quorum impact of the first sentence.
The Superior Court’s analysis is correct and accords with the statutory purpose of creating a higher threshold for reversing the Secretary’s decision than is required to establish a quorum. In construction of a statute in the face of arguable ambiguity between its components, a court shаll strive to read each component in light of every other part to produce а harmonious whole. Coastal Barge Corp. v. Coastal Zone Indus. Control Bd., Del.Supr.,
Texaco argues that further uncertainty as to the four member requirement implied in the second sentence of section 6007(c) arisеs in the light of the provisions
AFFIRMED.
