7 Del. C. § 917 — Delaware Code / Title 7 / Chapter 9 / Section 917
§ Â
        917. Areas restricted for using certain fishing equipment.
Status: in_force

(a) No person shall fish with any fixed fishing equipment in tidal waters located outside the mouths of tributaries known as the Salem River, Christina River, Delaware City Canal and Chesapeake and Delaware Canal, and more specifically described as circular areas, each with a 1/2 nautical mile radius from a point of origin at the midpoint of the mouth of each said tributary.

(b) No person shall fish with any fixed fishing equipment in tidal waters located outside the mouths of tributaries known as the Smyrna River, Leipsic River, Mahon River, Little River, Mispillion River and Roosevelt Inlet, and more specifically described as sectors, each with a 1/2 nautical mile radius from a point of origin at the midpoint of the mouth of each said tributary and between a northern angle of 45 degrees northeast and a southern angle of 45 degrees southeast.

(c) No person shall fish with any fixed fishing equipment in tidal water located outside the entrance channel to the Murderkill River and more specifically described as a sector with a 1/2 nautical mile radius from a point located at the established day marker approximately 1 mile east of the mouth of the Murderkill River, and between a northern angle of 45 degrees northeast and a southern angle of 45 degrees southeast.

(d) No person shall fish with any type of net that obstructs navigation or fish with any net that extends more than 1/3 the distance, measured perpendicular, from shore to opposite shore in any river, channel, stream, canal, ditch or any tributary located in this State.

(e) No person shall fish with any type of net, within 300 feet of any constructed dam or spillway on a tidal water river, stream, canal, ditch or tributary located in this State.

(f) No person shall fish with any type of fixed, anchored or stake nets within 150 feet of any other person’s legally fixed, anchored or staked net.

(g) No person shall fish with any type of net except a bait seine, a cast net, a dip net, a lift net, a minnow trap or a push net in Delaware’s territorial sea within a 1 nautical mile radius from a point of origin at the midpoint of the mouth of the Indian River Inlet or in Delaware’s internal waters within a 1/2 nautical mile radius from a point of origin at the midpoint of the mouth of the Indian River Inlet.

(h) No person shall fish with any type of fishing equipment except a hook and line over another person’s leased shellfish grounds as provided in Chapter 19 of this title unless said person has permission from the lease holder to fish with other types of legal fishing equipment.

(i) No person shall fish with any type of net except a bait seine, a cast net, a dip net, a lift net, a minnow trap or push net within 1/2 nautical mile of the mean high-water line of the shore of Delaware’s territorial sea or within 1/2 nautical mile of the mean high-water line of the shore of Delaware Bay from Cape Henlopen Point to the northern boundary of the Beach Plum Island Nature Preserve, where it intersects with the shoreline of the Delaware Bay, between May 1 and November 30, inclusive, of each year.

(j) No person shall fish with any gill net equal to or less than 200 feet which is anchored, staked or fixed in any way within 1/2 nautical mile of the mean high-water line of the shore of Delaware’s territorial sea or within 1/2 nautical mile of the mean high-water line of the shore of Delaware Bay from the northern boundary of the Beach Plum Island Nature Preserve, where it intersects with the shoreline of the Delaware Bay, to the Murderkill River between May 1 and June 30, inclusive, of each year unless said person has been issued a valid commercial food fishing license by the Department.

(k) Notwithstanding subsection (d) of this section, a person may fish in the Nanticoke River with a drift net that extends more than 1/3 the distance measured perpendicular from shore to opposite shore provided the drift net does not obstruct navigation.
7 Del. C. § 753 — Delaware Code / Title 7 / Chapter 7 / Subchapter III / Section 753
§ Â
        753. Muskrat nailing; destroying or damaging muskrat house, den; penalties.
Status: in_force

(a) No person shall take, capture or kill, at any time, within this State, any muskrat by the method commonly known as nailing; or dig into, tear down, remove, interfere with, destroy or damage in any way any muskrat house, nest, den, lair or refuge.

(b) Whoever violates this section shall be guilty of a class C environmental violation for each muskrat house, nest, den, lair or refuge, dug into, torn down, removed, interfered with, destroyed or damaged in any way.
7 Del. C. § 925 — Delaware Code / Title 7 / Chapter 9 / Section 925
§ Â
        925. Fishing with explosives, chemicals, poisons and other devices; exception for Department and agents.
Status: in_force

(a) No person shall fish for finfish in the tidal waters of the State with any explosives, chemicals, poisons and/or poisoned baits or other substances or devices employing explosives, electricity, chemicals or poisons, unless it is otherwise specified as a legal means to fish for and/or take finfish in this chapter or any regulation promulgated by the Department or permit issued by the Division.

(b) The use of electric lights shall be illegal for commercial fishing, except lights required by the U.S. Coast Guard and lights used for illumination for visual purposes.

(c) The Department and its authorized agents may use fish suffocants, shockers and/or similar devices and materials for fish management and/or scientific purposes, provided that written permission to do so is obtained from the Director beforehand.
7 Del. C. § 9104 — Delaware Code / Title 7 / Chapter 91 / Subchapter I / Section 9104
§ Â
        9104. Secretaryâs powers and duties.
Status: in_force

(a) The Secretary may exercise the following powers in addition to any other powers granted by law:

(1) The Secretary shall take any actions necessary to carry out the provisions of this chapter, including but not limited to adoption of emergency or interim regulations, when immediate promulgation of regulations is necessary to implement this chapter prior to the adoption of final regulations.

(2) The Secretary shall, after notice and public hearing, promulgate and revise such regulations as deemed necessary for the implementation, administration and enforcement of this chapter. Such regulations may include provisions waiving or limiting the applicability of this chapter which the Secretary determines to be adequately regulated by state or federal statute or regulation.

(3) The Secretary may, after notice and public hearing, exempt certain facilities or properties or classes of facilities or properties from the provisions of this chapter upon finding that these facilities or properties do not pose an imminent threat to public health or welfare or the environment.

(4) The Secretary shall plan, study or conduct, or order a potentially responsible party to plan, study or conduct, appropriate actions to remedy a release or imminent threat of release.

(b) The Secretary shall implement all provisions of this chapter to the maximum extent practicable, including conducting investigations and remedies when appropriate. The Secretary shall, after notice and public hearing, promulgate and revise as appropriate, regulations to:

(1) Establish criteria for determining a priority list among facilities. These criteria shall assure that facilities are ranked by a system that objectively assesses the relative degree of risk to public health or welfare or the environment caused by releases from such facilities.

(2) Establish procedures:

a. For identifying facilities with a release or imminent threat of release;

b. For conducting site assessments, preliminary site evaluations and comprehensive site investigations;

c. For identifying potentially responsible parties;

d. For notifying a person of liability as a potentially responsible party;

e. For determining the appropriate type of settlement agreement that may be entered into by potentially responsible parties or any person who agrees to perform a remedy;

f. For providing potentially responsible parties or any other person with a reasonable opportunity to enter into a settlement agreement for a remedy by which potentially responsible parties or any other person may propose 1 or more remedial alternatives;

g. For identifying cleanup levels based on site specific risks;

h. For public notice and an opportunity for public comment on the proposed plan of remedial action and proposed consent decrees;

i. For conducting a remedy;

j. For public participation in the decision for a remedy at a facility;

k. For granting or denying a certificate of completion of remedy;

l. For placing a notice in the records of the real property pursuant to § 9115 of this title;

m. For managing the Fund established pursuant to § 9113 of this title;

n. For assessing natural resource damages;

o. For providing criteria governing public funding of remedial costs when the Secretary enters into a settlement agreement that requires the Secretary to provide a specified amount of money from the Fund;

p. For certifying part or all of a parcel of real property as a brownfield;

q. For listing of Brownfield, or potential Brownfield, sites on a Brownfield redevelopment database;

r. To certify and decertify contractors to conduct remedial action. As a prerequisite for certification, the Department shall conduct written examinations, or other qualification criteria as deemed appropriate by the Department, within the State for the purpose of determining ability to conduct a remedial action. The Department may waive the examination for persons who possess a valid certificate from another state, provided such certification is for similar work to be performed in Delaware. A remedial action shall be conducted under the direction and supervision of an individual possessing a valid certificate issued by the Department. Certification requirements for contractors shall commence 6 months after adoption of regulations. Certification shall be valid for 2 years. The fees for certification required pursuant to this chapter shall be established by the Department in its rules and regulations. The fees may be adjusted periodically but shall approximate and reasonably reflect all costs necessary to defray the expenses incurred by the Department in operating the certification program.

(3) Establish deadlines for negotiation processes with potentially responsible parties for an agreement providing for a voluntary remedy pursuant to § 9107 of this title, and for initiating an investigation and remedying releases at or from a facility by potentially responsible parties.

(c) (1) The Secretary shall, as part of the budget submittal, submit an annual report to the Governor and the General Assembly of the State, setting forth in detail progress on remedies and may submit such additional reports from time to time to the Governor and General Assembly as deemed desirable by the Secretary.

(2) The Secretary shall prepare an annual budget for the proposed use of the Fund and cause an audit of the fiscal affairs to be made annually and shall, as part of the budget submittal, furnish a copy of such audit report together with such additional information or data with respect to the affairs as he or she may deem desirable to the Governor and General Assembly of the State.

(3) The Secretary shall, as part of the budget submittal, provide 5-year projections of costs and revenues associated with the Fund, and the amount of the obligated and unobligated balance in the Fund.
7 Del. C. § 509 — Delaware Code / Title 7 / Chapter 5 / Subchapter I / Section 509
§ Â
        509. Complimentary licenses.
Status: in_force

(a) The Department may issue annually, complimentary hunting and fishing licenses to any of the following:

(1) The President of the United States;

(2) The governor of any state;

(3) Authorized officials of the game and fish departments of other states; and

(4) Authorized officials of the United States Department of the Interior, United States Fish and Wildlife Service, who are nonresidents of the State.

(b) The complimentary licenses shall not be transferable, shall be issued on such form as the Department designates, and without the payment of any fee therefor and when so issued shall be valid authority for the holder or holders thereof to hunt and fish in the State in accordance with the laws of the State. Not more than 50 such complimentary licenses shall be issued in any 1 calendar year.

(c) The Secretary may also issue letter permits, valid for up to 3 days, to visiting state and federal dignitaries. The number of outstanding permits shall not exceed 10 at any time.
7 Del. C. § 7417A — Delaware Code / Title 7 / Chapter 74A / Section 7417A
§ Â
        7417A. Short title.
Status: in_force

This chapter may be referred to as the “Jeffrey Davis Act,” in memory of Jeffrey Davis.
7 Del. C. § 4353 — Delaware Code / Title 7 / Chapter 43 / Subchapter IV / Section 4353
§ Â
        4353. Bond of secretary-treasurer.
Status: in_force

The secretary-treasurer shall, before assuming the duties of office and within 15 days after election, furnish a bond in favor of the tax lagoon, in an amount satisfactory to the lagoon managers and with a surety to be approved by the lagoon managers, conditioned on the faithful performance of duties and for the payment to the secretary-treasurer’s successor of all tax lagoon funds. If any person elected secretary-treasurer neglects or refuses to give bond as aforesaid within the time specified, such person’s right to hold such office shall be terminated, and the lagoon managers shall call a special meeting of the taxables to elect a new secretary-treasurer who shall give bond and security as provided in this section.
7 Del. C. § 1906 — Delaware Code / Title 7 / Chapter 19 / Section 1906
§ Â
        1906. Size and advertising of shellfish grounds; application for lease.
Status: in_force

(a) Except in the case of shellfish aquaculture leases on Delaware’s Inland Bays, no new shellfish grounds shall be leased to any person in tracts consisting of less than 50 or more than 100 acres. All new leases will be in a general rectangular shape. The restriction contained in this subsection shall not apply to those leases granted for scientific purposes as described in § 1905(c) of this title.

(b) Except in the case of shellfish aquaculture leases on Delaware’s Inland Bays, the Department shall annually advertise the general locations of shellfish grounds which may be leased and are not currently subject to a valid lease. Such advertisements shall be in 1 daily newspaper of statewide distribution and shall be published on 2 separate occasions at least 30 days apart between January 1 and March 1 of each calendar year. Upon specific request, the Department shall furnish a more detailed description of the specific shell-lands available for lease.

(c) Except in the case of shellfish aquaculture leases on Delaware’s Inland Bays, any person wishing to lease shellfish grounds in accordance with this section shall make application to the Department prior to March 15 on the form which shall be provided by the Department. Each application must be complete. The Department may require additional and/or supplemental information if deemed necessary.

(d) Except in the case of shellfish aquaculture leases on Delaware’s Inland Bays, in the event that more than 1 application is received for the same grounds, the grounds will be leased on a competitive sealed bid over and above the base fee for the first year.
7 Del. C. § 4181 — Delaware Code / Title 7 / Chapter 41 / Subchapter V / Section 4181
§ Â
        4181. Adjustment of maintenance tax.
Status: in_force

When in the opinion of the ditch managers the amount of the tax levied to defray the cost of annual maintenance is either insufficient or excessive, they may raise or lower the same for the current and succeeding years with the consent of the county soil conservation district, acting upon the advice of the Division of Watershed Stewardship. If the annual maintenance tax is so raised or lowered, it shall be apportioned to each landowner in accordance with § 4172 of this title and a new maintenance tax warrant shall be delivered to the appropriate receiver of taxes and county treasurer.
7 Del. C. § 7423 — Delaware Code / Title 7 / Chapter 74 / Subchapter II / Section 7423
§ Â
        7423. Small Station Fund eligibility.
Status: in_force

(a) Any applicant for a Small Station Fund loan must demonstrate that the applicant meets the following criteria:

(1) The loan shall be made only to small station owner/operators as defined in eligibility rules established under this section and who also qualify as a “Small Business” under rules established by the Small Business Administration, provided, however, that no loan may be provided to a small station which has a total throughput of 75,001 gallons or more of gasoline and/or special fuel (diesel) products as a monthly average for the 12 months preceding the date of application for the loan;

(2) The loan proceeds for any individual site may not exceed $100,000, and shall be used for a project approved under this section to accomplish one of the following purposes:

a. Installation of air quality protection devices; and/or

b. Replacement of existing underground storage tank systems; and/or

c. Removal and abandonment of underground storage tank systems; and/or

d. Installation of water quality protection devices;

(3) In no event shall the loan proceeds exceed 90% of the total amount required to complete the project for which the loan is made. Applicants must also show proof of ability to repay the Small Station Fund within a time period not exceeding 7 years;

(4) The application for a loan from the Small Station Fund shall be made on or before November 15, 1997, accompanied by a nonrefundable application fee of $250, which shall immediately upon receipt be transferred to the Transportation Trust Fund. No loans shall be made after July 1, 1998;

(5) Such other criteria as may be specified pursuant to subsection (b) of this section; and

(6) The loan for the project to be provided to the small station by the Small Station Fund shall be approved by the Secretary of the Department and the Secretary of the Department of Transportation.

(b) Before making any loan from the Small Station Fund, the Department, in coordination with the Department of Transportation, shall specify:

(1) Standards, consistent with subsection (a) of this section, for determining the eligibility of borrowers and the type of projects to be financed with loans from the Small Station Fund;

(2) Procedures for submitting applications for loans from the Small Station Fund and procedures for approval of such applications;

(3) Conditions for loans from the Small Station Fund consistent with the provisions of subsection (a) of this section; and

(4) Other relevant criteria, standards or procedures.
7 Del. C. § 2011 — Delaware Code / Title 7 / Chapter 20 / Section 2011
§ Â
        2011. Unlawful removal of shellfish or tampering with shellfish aquaculture equipment; presumptions, illegal harvesting gear.
Status: in_force

(a) It shall be unlawful for any person to intentionally tamper with, damage, take, carry away or remove shellfish or shellfish equipment from shellfish grounds leased, pursuant to this chapter, to a person other than himself or herself. If convicted, this person shall be guilty of grand or petty larceny according to the value of shellfish or equipment in question. In the case of shellfish grounds leased by a corporation, it shall be unlawful for any individual to remove shellfish from leased shellfish grounds unless the individual is a bona fide employee of or member of the corporation or is acting on behalf of the corporation that holds the lease to the shellfish grounds in question.

(b) Anyone convicted of damaging or removing equipment lawfully placed for shellfish aquaculture on a leased site may, at the discretion of the appropriate court, be required to make restitution to the lease holder in the amount of the replacement value for the equipment so damaged or removed.

(c) For the purpose of determining the value of shellfish unlawfully removed, all shellfish found on board a vessel utilized in the removal of shellfish from grounds leased to another shall be presumed to have been unlawfully removed from those leased grounds.

(d) Any vessel or person on or over grounds leased to another shall be presumed to be removing shellfish from those grounds if that vessel or person has overboard or in his or her possession at that time any device used for the taking of shellfish, subject to the discretion of the investigating Department officer.

(e) It shall be unlawful to sell or transfer aquaculture products to a final customer or consumer that has not been handled by a certified shellfish dealer/processor.
7 Del. C. § 4311 — Delaware Code / Title 7 / Chapter 43 / Subchapter III / Section 4311
§ Â
        4311. Petition for formation of a tax lagoon; assistance by Division of Watershed Stewardship.
Status: in_force

(a) Whenever 1 or more of the owners of any lands desire their lagoons to be dredged or managed, they may present a petition for the formation of a tax lagoon to the Superior Court of the county in which all or the major portion of the area involved is located through the Division of Watershed Stewardship.

(b) The services of the Division of Watershed Stewardship shall be available to assist the landowners in the preparation of such petitions.
7 Del. C. § 4174 — Delaware Code / Title 7 / Chapter 41 / Subchapter V / Section 4174
§ Â
        4174. Warrants by tax ditches for collection of taxes.
Status: in_force

(a) For tax ditches formed under this chapter, warrants authorizing and requesting the collection of ditch taxes executed to the receiver of taxes and county treasurer shall be signed by the chairpersons of the ditch managers and the secretary-treasurer or the tax ditch and shall contain the following information:

(1) The name of tax ditch;

(2) The location by county and hundred;

(3) The date said warrant is delivered to the receiver of taxes and county treasurer;

(4) The date that tax ditch assessment list was filed with county assessor;

(5) Total of that assessment list;

(6) Tax rate based on that assessment list;

(7) Total tax to be collected;

(8) Method of payment, if by installments;

(9) Statement as to whether the warrant is for construction, special or maintenance taxes;

(10) Amount and terms of loans, if any, secured by said tax warrant;

(11) Person to be paid directly by receiver of taxes and county treasurer and amounts to be paid to him or her.

(b) When a tax ditch includes 2 or more counties, separate tax warrants shall be executed by the ditch managers to each receiver of taxes and county treasurer thereof.
7 Del. C. § 7404B — Delaware Code / Title 7 / Chapter 74B / Section 7404B
§ Â
        7404B. Council on Boiler Safety.
Status: in_force

(a) There is established the Council on Boiler Safety.

(b) The Council on Boiler Safety shall serve in an advisory capacity to the Secretary or the Secretary’s designee and shall consider matters relating to the sale, operation, construction and use of boilers in this State and such other matters as may be referred to it by the Governor, or the Secretary of the Department. The Council may study, research, plan and advise the Secretary, the Secretary’s designee, the Boiler Safety Program, and the Governor on matters it deems appropriate to enable the Program to function in the best possible manner.

(c) The Council on Boiler Safety shall be composed of 6 members who shall be appointed for terms of 3 years by the Governor. The Council shall be composed of 6 members; and, preferably 1 shall be a representative of a company licensed to insure boilers and pressure vessels in Delaware, another, a manufacturer who shall have been actively engaged in the manufacture of boilers, another, a user of boilers, another, a mechanical engineer, another, a licensed stationary engineer, and the sixth, a representative from a major labor organization that represents workers performing boiler construction, installation, maintenance and repair.

(d) No more than 3 of the newly appointed members shall be affiliated with the same political party. Any person who declines to announce a political affiliation shall also be eligible for appointment as a member of the Council.

(e) Members of the Council shall serve without compensation except that they may be reimbursed for reasonable and necessary expenses incident to their duties as members of the Council.

(f) A Chairperson of the Council shall be chosen by the members of the Council from among its members and shall serve in that capacity for a term of 1 year and shall be eligible for re-election.

(g) Any appointment, pursuant to this section, to replace a member whose position becomes vacant prior to the expiration of the member’s term shall be filled only for the remainder of that term.
7 Del. C. § 4388 — Delaware Code / Title 7 / Chapter 43 / Subchapter VI / Section 4388
§ Â
        4388. Appropriations to Department of Natural Resources and Environmental Control.
Status: in_force

An appropriation to the Department of Natural Resources and Environmental Control for purposes of planning, designing and constructing tax lagoons shall be included in the annual appropriation bill (budget bill) of the General Assembly.
7 Del. C. § 4901 — Delaware Code / Title 7 / Chapter 49 / Section 4901
§ Â
        4901. Properties under jurisdiction of Department of State.
Status: in_force

The Department of State shall have the full and complete care and supervision of the DeVries Monument, at Lewes, Delaware, the Zwaanendael Museum, at Lewes, Delaware, and such other buildings, memorials or parks as come under the jurisdiction of the Department of State. The Department of State shall keep the property in its custody in proper condition at all times; and shall cause reasonable and necessary repairs to be made.
7 Del. C. § 4173 — Delaware Code / Title 7 / Chapter 41 / Subchapter V / Section 4173
§ Â
        4173. Warrants by ditch companies for collection of taxes.
Status: in_force

Each ditch company organized under the laws in effect prior to June 1, 1951, in each year after its assessment has been made and its tax rate fixed, shall execute its warrant with a duplicate of the assessment list to the receiver of taxes and county treasurer, which warrant shall be delivered not later than May 1 in each year.
7 Del. C. § 5409 — Delaware Code / Title 7 / Chapter 54 / Section 5409
§ Â
        5409. Exceptions.
Status: in_force

(a) Human skeletal remains acquired from commercial biological supply houses or through medical means are not subject to this chapter.

(b) Human skeletal remains determined to be within the jurisdiction of the Medical Examiner are not subject to the prohibitions contained in this chapter.

(c) Human skeletal remains acquired through archaeological excavations under the supervision of a professional archaeologist are not subject to the prohibitions as provided in § 5408(1) of this title.

(d) Remains discovered within the known boundaries of a marked cemetery under the purview of the Department of Health and Social Services pursuant to Chapter 79A of Title 29 are not subject to this chapter.
7 Del. C. § 202 — Delaware Code / Title 7 / Chapter 2 / Section 202
§ Â
        202. Definitions.
Status: in_force

(a) “Department” means the Department of Natural Resources and Environmental Control.

(b) “Nongame” is that fauna, including rare and endangered species, which are not commonly trapped, killed, captured or consumed, either for sport or profit.
7 Del. C. § 7414A — Delaware Code / Title 7 / Chapter 74A / Section 7414A
§ Â
        7414A. Aboveground storage tank construction permit fee [For application of this section, see 85 Del. Laws, c. 42, Â 10.
Status: in_force

(a) (1) The Department shall assess a 1-time construction permit fee based on the schedule below for an aboveground storage tank constructed after the effective date of the regulations promulgated pursuant to § 7407A of this chapter.

Construction Fee Schedule

(2) These fees may only be changed or amended with the prior approval of the General Assembly.

(b) Any person required to pay a fee under Chapter 66 of Title 16 to the State Fire Marshal related to an aboveground storage tank shall receive a 10% reduction in the construction permit fee.

(c) The construction permit fee established in subsection (a) of this section must be used by the Department solely for the purpose of administering this chapter and the regulations of the Department promulgated under this chapter.

(d) The construction permit fee established in subsection (a) of this section must be credited to a dedicated administration fund established in the accounts of the State Treasurer. Money remaining in the fund at the end of the fiscal year does not revert to the General Fund, but remains in the dedicated administration fund. The fund must be maintained in a separate interest-bearing account and be administered by the Department. An accounting of moneys received and disbursed by the fund must be provided annually to the Governor and the General Assembly.
7 Del. C. § 5906 — Delaware Code / Title 7 / Chapter 59 / Section 5906
§ Â
        5906. Limitations on exemption from liability.
Status: in_force

Nothing in this chapter limits in any way any liability which otherwise exists:

(1) For wilful or malicious failure to guard or warn against a dangerous condition, use, structure or activity;

(2) For injury suffered in any case where the owner of land charges the person or persons who enter or go on the land for the recreational use thereof, except that in the case of land leased to the State or a subdivision thereof, any consideration received by the owner for such lease shall not be deemed a charge within the meaning of this section.
7 Del. C. § 4104 — Delaware Code / Title 7 / Chapter 41 / Subchapter I / Section 4104
§ Â
        4104. Application; effect on previously established drainage organizations and on earlier drainage laws.
Status: in_force

(a) Any landowner or owners in an area served by a drainage organization established prior to June 1, 1951, under any other law of this State, or any landowner or owners who desire their lands to be drained or protected from flooding may, at any time, petition for the establishment of a tax ditch under this chapter.

(b) In those cases, when an existing drainage organization becomes a tax ditch under this chapter, the present assets or liabilities of said existing drainage organization may be transferred to the tax ditch provided that such assets or liabilities are declared by the tax ditch commissioners in their report, and that the transfer of such assets or liabilities is approved by the affected taxables either by a referendum held by board of ditch commissioners pursuant to § 4132 of this title or by a signed statement pursuant to § 4135 of this title.

(c) Article 2, Chapter 65, and Article 1, Chapter 105, of the 1935 Revised Code of Delaware shall remain in effect and shall apply to drainage organizations established thereunder prior to June 1, 1951, unless such drainage organizations reform or reorganize under this chapter.
7 Del. C. § 7014 — Delaware Code / Title 7 / Chapter 70 / Section 7014
§ Â
        7014. Conversion permit.
Status: in_force

(a) An owner, operator, or prospective purchaser of a heavy industry use site, including a site that has been abandoned in fact or has been the subject of an abandonment proceeding, may submit an application to the Secretary of the Department of Natural Resources and Environmental Control for a conversion permit under this section for an alternative heavy industry use or an additional heavy industry use that will operate simultaneously with any existing use on that heavy industry use site.

(b) An owner, operator, or prospective purchaser of a heavy industry use site that had a docking facility or pier for a single industrial or manufacturing facility on or before June 28, 1971, including a site that has been abandoned in fact or has been the subject of an abandonment proceeding, may submit an application to the Secretary of the Department of Natural Resources and Environmental Control for a conversion permit to operate a bulk product transfer facility that may be operated simultaneously with other heavy industry uses, industrial uses or manufacturing uses. Provided, however, that a conversion permit may be issued only for a bulk product transfer facility used to receive shipments of bulk products to the extent they are necessary for and fully utilized in the operation of a facility or facilities within the coastal zone, or that is used for the shipment of bulk products to the extent they are produced by a facility or facilities within the coastal zone, unless the product is a grain, as that term is defined in § 1601 of Title 3, in which case it may be transferred without regard to origin or destination. A conversion permit may not be issued for bulk transfer of liquefied natural gas.

(c) An application for a conversion permit made under subsection (a) or (b) of this section must be in writing on a form approved by the Secretary and must include the items listed in § 7004(b) and § 7005(a)(1) of this title, the items required by regulation promulgated under this chapter, and all of the following items to be considered in assessing a conversion permit application:

(1) The environmental impact and economic effect of the existing or previous use. If the application is for a subsequent conversion permit, the Secretary of the Department of Natural Resources and Environmental Control has the discretion to direct the applicant to provide information on the environmental impact and economic effect of any of the previous uses at the site.

(2) The environmental impact and economic effect of the alternative or additional heavy industry use or bulk product transfer activity.

(3) The net environmental improvement or economic improvement, or both, inherent in the alternative or additional heavy industry use or bulk product transfer activity as compared to the most recent heavy industry use engaged in at that site.

(4) Evidence that the owner, prospective owner, or applicant for the conversion permit under this section has complied with, and will continue to comply with, the requirements of the Delaware Hazardous Substance Cleanup Act, Chapter 91 of this title, and any other relevant state or federal environmental statutes, and shall agree to pay all costs of such compliance.

(5) A plan to prepare the site for potential impacts of sea-level rise and coastal storms over the anticipated useful life of the facility and infrastructure in connection with the applied-for use.

(6) An offset proposal that meets the requirements established by and includes the contents specified in regulations promulgated under this chapter and more than offsets the facility’s negative environmental impacts on an annual basis. Such proposal shall favor offsets that directly benefit Delaware.

(7) A timeframe for the conversion to an additional or alternative heavy industry use or bulk product transfer facility.

(8) Evidence of financial assurances in sufficient form and amount necessary to ensure that: (i) there are sufficient resources for all costs of compliance with the Delaware Hazardous Substance Cleanup Act (“HSCA”), Chapter 91 of this title, and other relevant state and federal environmental statutes concerning contamination on the site at the time of application; and (ii) upon the event of an incident resulting in environmental contamination, or upon termination, abandonment, or liquidation of all activities at the site of any heavy industry use, all means will be taken to minimize environmental damage and stabilize and secure the heavy industry use site in accordance with a concept plan that will be approved by the Department of Natural Resources and Environmental Control as part of the conversion permit. A final plan approved by the Department of Natural Resources and Environmental Control is required prior to the initiation of operation of the activity being authorized under the conversion permit.

a. Evidence under paragraph (c)(8) of this section must be in accordance with any regulations promulgated by the Secretary of the Department of Natural Resources and Environmental Control under Chapter 92 of this title and any regulations promulgated under this chapter.

b. If, on the date of an application filed under this section, the Secretary has not promulgated regulations under Chapter 92 of this title or under this chapter, the Secretary shall assess the evidence presented by the applicant under paragraph (c)(8) of this section as follows:

1. By taking into consideration the size of the site of the heavy industry use and the quantities of chemicals maintained and generated as wastes on the site of the heavy industry use.

2. By taking into consideration, and giving due credit for, financial assurances established through other programs operated by the Department of Natural Resources and Environmental Control.

3. By allowing evidence of financial assurance to include insurance, guarantee, surety bond, letter of credit, proof of assets, qualification as a self-insurer, or other agreements acceptable to the Secretary.

(d) For purposes of paragraphs (c)(1) and (c)(2) of this section, “environmental impact” and “economic effect” have the same meanings as in § 7004(b) of this title.

(e) In making a decision on a conversion permit application under this section, the Secretary of the Department of Natural Resources and Environmental Control, in the first instance, and the State Coastal Zone Industrial Board, on appeal, shall consider all of the following:

(1) The factors listed in § 7004(b) of this title.

(2) The items listed in paragraphs (c)(1) through (c)(8) of this section.

(3) Compliance with any regulations promulgated under § 7005(b) and (c) of this title.

(f) The Secretary of the Department of Natural Resources and Environmental Control may not grant a conversion permit under this section for any of the following heavy industry uses that were not in existence on June 28, 1971:

(1) An oil refinery.

(2) A basic cellulosic pulp paper mill.

(3) An incinerator.

(4) A basic steel manufacturing plant.

(5) A liquefied natural gas terminal.

(g) The Secretary of the Department of Natural Resources and Environmental Control must hold a public hearing prior to issuing a conversion permit under this section. All public hearings must be noticed as required by this chapter, regulations promulgated under this chapter, or applicable law.

(h) Notwithstanding the 90-day response time for a decision by the Secretary of the Department of Natural Resources and Environmental Control on a permit application under § 7005(a) of this title, the Secretary and an applicant under this section may, by mutual agreement, extend such time for a decision.

(i) The Secretary of the Department of Natural Resources and Environmental Control shall publish, on the Department of Natural Resources and Environmental Control’s website, all decisions made under this section including the reasons therefor.
7 Del. C. § 4175 — Delaware Code / Title 7 / Chapter 41 / Subchapter V / Section 4175
§ Â
        4175. Collection and disposition of taxes levied by ditch company.
Status: in_force

All taxes levied by ditch companies organized under the laws in effect prior to June 1, 1951, shall be collected by the receiver of taxes and county treasurer in the county wherein the district of such ditch company is situated, within a period of 90 days from the date of the warrant referred to in § 4173 of this title, in the same manner as provided by law for the collection of taxes for other purposes. The money collected, with respect to each ditch company, shall be deposited by the receiver of taxes and county treasurer in a bank in 1 or more accounts as the receiver of taxes and county treasurer shall determine. But records shall be kept by the receiver of taxes and county treasurer shall keep records which list separately each ditch company and each deposit made by each ditch company. The moneys so collected and deposited shall be withdrawn from the accounts only upon warrants drawn by the proper officer of the respective ditch companies.
7 Del. C. § 4328 — Delaware Code / Title 7 / Chapter 43 / Subchapter III / Section 4328
§ Â
        4328. Action by Superior Court; notice of final hearing.
Status: in_force

(a) After the report and statement of the board of lagoon management commissioners have been filed in the office of the prothonotary of the appropriate county, they shall be carefully reviewed by the Superior Court of the county.

(b) If the report of a majority of the board of lagoon management commissioners is opposed to the formation of the proposed tax lagoon, or if the certificate stating the results of the referendum shows that a majority of all votes cast were opposed to the formation of the tax lagoon, or if such report shows that the total cost of the construction of the tax lagoon will exceed the benefits that will result therefrom, then the Superior Court shall issue an order denying the petition for the formation of the tax lagoon.

(c) If the report of a majority of the board of lagoon management commissioners is in favor of the formation of the proposed tax lagoon, and if the statement attached to said report indicates that the total benefits that will result from the tax lagoon will exceed the total cost of the proposed tax lagoon works of improvement, and if the certificate stating the results of the referendum shows that a 3/4 majority of all votes cast were in favor of the formation of the tax lagoon, then the Superior Court shall set a date for the final hearing on the petition and shall direct the prothonotary to give notice of the hearing by publication in a newspaper of general circulation in each county in which any of the lands involved are located and by posting a written or printed notice on the door of the courthouse of each such county, such publication and posting to be made not less than 15 days before the time of the final hearing. Notice of the final hearing shall also be given to landowners involved by first class mail. This notice shall be mailed not less than 15 days before the time of the hearing. From the time the report of the board of lagoon management commissioners is filed in the office of the prothonotary of the appropriate county it shall be open to inspection by any interested person.

(d) In those cases when all of the landowners involved have indicated by signed statement that they are familiar with the report of the board of lagoon management commissioners and that they favor the formation of the tax lagoon, and if the report of a majority of the board of lagoon management commissioners is in favor of the formation of the proposed tax lagoon, and if the statement attached to the report indicates that the total benefits that will result from the tax lagoon will exceed the total cost of the proposed tax lagoon works of improvement, then the Superior Court shall not hold a final hearing, nor give notice thereof, but shall confirm the report and issue an order granting the petition for the formation of the proposed tax lagoon, the order to become effective immediately and to be known as the lagoon order. The confirmed report shall be considered a part of the lagoon order.
7 Del. C. § 6008 — Delaware Code / Title 7 / Chapter 60 / Subchapter II / Section 6008
§ Â
        6008. Appeals to Board.
Status: in_force

(a) Any person whose interest is substantially affected by any action of the Secretary may appeal to the Environmental Appeals Board within 20 days after receipt of the Secretary’s decision or publication of the decision. The Board shall conduct a public hearing for all appeals in accordance with Chapter 101 of Title 29. Deliberations of the Board may be conducted in executive session. Each member who votes shall indicate the nature of his or her vote in the written decision.

(b) Whenever a final decision of the Secretary concerning any case decision, including but not limited to any permit or enforcement action is appealed, the Board shall hold a public hearing in accordance with Chapter 101 of Title 29. The record before the Board shall include the entire record before the Secretary. All parties to the appeal may appear personally or by counsel at the hearing and may produce any competent evidence in their behalf. The Board may exclude any evidence which is plainly irrelevant, immaterial, insubstantial, cumulative or unduly repetitive, and may limit unduly repetitive proof, rebuttal and cross-examination. The burden of proof is upon the appellant to show that the Secretary’s decision is not supported by the evidence on the record before the Board. The Board may affirm, reverse or remand with instructions any appeal of a case decision of the Secretary.

(c) Appeals of regulations shall be on the record before the Secretary. The Board may hear new evidence if it is relevant to or clarifies those issues in the record before the Secretary. The Board may exclude any new evidence which is plainly irrelevant, immaterial, insubstantial, cumulative or unduly repetitive. Regulations will be presumed valid, and the burden will be upon the appellant to show that the regulations are arbitrary and capricious, or adopted without a reasonable basis in the record. The Board shall take due account of the Secretary’s experience and specialized competence and of the purposes of this chapter in making its determination. The board may affirm, reverse or remand any appeal of regulations promulgated by the Secretary.

(d) The decision of the Board shall be signed by all members who were present at the hearing.

(e) There shall be no appeal of a decision by the Secretary to deny a permit on any matter involving state-owned land including subaqueous lands, except an appeal shall lie on the sole ground that the decision was discriminatory in that the applicant, whose circumstances are like and similar to those of other applicants, was not afforded like and similar treatment.

(f) No appeal shall operate to stay automatically any action of the Secretary, but upon application, and for good cause, the Secretary or the Court of Chancery may stay the action pending disposition of the appeal.

(g) At any time after the appeal to the Board, the parties may, by stipulation, proceed directly to Superior Court, in which case the Court may affirm, reverse or remand the Secretary’s decision based on the record before the Secretary and the Board and whatever other evidence the parties may submit by stipulation. The standard of review for such an appeal shall be governed by subsections (b) and (c) of this section.

(h) In those circumstances in which the Board concludes that an immediate and expedited review of a decision of the Secretary is appropriate or necessary, the Board may hold a public hearing on the appeal at the earliest possible time and issue a decision on such appeal. In such a case, the notice requirements of this section and Chapter 101 of Title 29 do not apply, and the Board shall give advance notice of the hearing only to the extent reasonably possible.
7 Del. C. § 6610 — Delaware Code / Title 7 / Chapter 66 / Section 6610
§ Â
        6610. Appeal to Board.
Status: in_force

Any person whose interest is substantially affected by any action of the Secretary may appeal to the Environmental Appeals Board within 20 days after the Secretary has announced the decision.
7 Del. C. § 7012 — Delaware Code / Title 7 / Chapter 70 / Section 7012
§ Â
        7012. Injunctions.
Status: in_force

The Court of Chancery shall have jurisdiction to enjoin violations of this chapter.
7 Del. C. § 5308 — Delaware Code / Title 7 / Chapter 53 / Subchapter II / Section 5308
§ Â
        5308. Permit required.
Status: in_force

No person may excavate, collect, salvage, recover, remove, damage, or otherwise alter or deface any archaeological resource or its surrounding location or context, located in or on state lands, including subaqueous lands, without first having obtained a permit from the Division.
7 Del. C. § 517 — Delaware Code / Title 7 / Chapter 5 / Subchapter I / Section 517
§ Â
        517. Migratory waterfowl stamp.
Status: in_force

(a) As used in this section:

(1) “Division” means the Division of Fish and Wildlife of the Department of Natural Resources and Environmental Control.

(2) “Migratory waterfowl” means birds in the Family Anatidae, including wild goose, brant, or wild duck.

(3) “Stamp” means the migratory waterfowl stamp provided for by this section.

(b) Except as otherwise provided herein, no person may hunt or take any migratory waterfowl within this State without first procuring a migratory waterfowl stamp as provided for by this section. Such stamp must be in the possession of every person when hunting or taking any migratory waterfowl, either as a gummed paper stamp validated by the signature of the licensee written across the face of such stamp, or in paper or digital form encoded in a manner that validates the stamp holder. Such stamp shall be designed and produced in accordance with Division regulations and shall expire annually on the same date each year that all hunting licenses expire. Unless otherwise provided in this chapter, any person who is exempt from payment or charge for a hunting license shall also be exempt from the fee imposed by this section. Any person who is under the age of 16 years shall be exempt from the requirements of this subsection.

(c) A stamp shall be issued to each hunting license applicant upon application for said stamp in a manner specified by the Department and payment of a fee of $15, together with any licensing agent fees charged in accordance with this chapter.

(d) All funds derived from the issuance of migratory waterfowl stamps shall be deposited by the Division with the State Treasurer and shall be specifically set aside and earmarked as state duck stamp account to permit separate accountability for the receipt and expenditure of funds derived from the sale of state duck stamps.

(1) The Division shall contract annually 50 percent of the revenue collected and deposited in the state duck stamp account with an appropriate nonprofit organization to utilize 50 percent of the revenue collected pursuant to this section for the development of waterfowl propagation areas in Canada from which come substantial numbers of waterfowl migrating to and through Delaware. Before paying such revenue to any nonprofit organization developing waterfowl areas, the Division shall obtain evidence that the project is acceptable to the appropriate agency having a jurisdiction over the lands and waters affected by the project.

(2) The remaining 50 percent of the funds in the state duck stamp account shall be used for the purpose of protection, preserving, restoring, enhancing and developing waterfowl habitat in Delaware.

(e) The Division is hereby granted the authority to establish, by regulation, the method for selecting appropriate designs for the migratory waterfowl stamp.
7 Del. C. § 6001 — Delaware Code / Title 7 / Chapter 60 / Subchapter I / Section 6001
§ Â
        6001. Findings, policy and purpose.
Status: in_force

(a) Findings. — The General Assembly hereby makes the following findings concerning the development, utilization and control of the land, water, underwater and air resources of the State:

(1) The development, utilization and control of the land, water, underwater and air resources of the State are vital to the people in order to assure adequate supplies for domestic, industrial, power, agricultural, recreational and other beneficial uses;

(2) The development and utilization of the land, water, underwater and air resources must be regulated to ensure that the land, water, underwater and air resources of the State are employed for beneficial uses and not wasted;

(3) The regulation of the development and utilization of the land, water, underwater and air resources of the State is essential to protect beneficial uses and to assure adequate resources for the future;

(4) The land, water, underwater and air resources of the State must be protected and conserved to assure continued availability for public recreational purposes and for the conservation of wildlife and aquatic life;

(5) The land, water, underwater and air resources of the State must be protected from pollution in the interest of the health and safety of the public;

(6) The land, water, underwater and air resources of the State can best be utilized, conserved and protected if utilization thereof is restricted to beneficial uses and controlled by a state agency responsible for proper development and utilization of the land, water, underwater and air resources of the State;

(7) Planning for the development and utilization of the land, water, underwater and air resources is essential in view of population growth and the expanding economic activity within the State.

(b) Policy. — In view of the rapid growth of population, agriculture, industry and other economic activities, the land, water and air resources of the State must be protected, conserved and controlled to assure their reasonable and beneficial use in the interest of the people of the State. Therefore, it is the policy of this State that:

(1) The development, utilization and control of all the land, water, underwater and air resources shall be directed to make the maximum contribution to the public benefit; and

(2) The State, in the exercise of its sovereign power, acting through the Department should control the development and use of the land, water, underwater and air resources of the State so as to effectuate full utilization, conservation and protection of the water and air resources of the State.

(c) Purpose. — It is the purpose of this chapter to effectuate state policy by providing for:

(1) A program for the management of the land, water, underwater and air resources of the State so directed as to make the maximum contribution to the interests of the people of this State;

(2) A program for the control of pollution of the land, water, underwater and air resources of the State to protect the public health, safety and welfare;

(3) A program for the protection and conservation of the land, water, underwater and air resources of the State, for public recreational purposes, and for the conservation of wildlife and aquatic life;

(4) A program for conducting and fostering research and development in order to encourage maximum utilization of the land, water, underwater and air resources of the State;

(5) A program for cooperating with federal, interstate, state, local governmental agencies and utilities in the development and utilization of land, water, underwater and air resources;

(6) A program for improved solid waste storage, collection, transportation, processing and disposal by providing that such activities may henceforth be conducted only in an environmentally acceptable manner pursuant to a permit obtained from the Department.
7 Del. C. § 6608 — Delaware Code / Title 7 / Chapter 66 / Section 6608
§ Â
        6608. Permit applications.
Status: in_force

(a) Any person desiring to obtain a permit required by § 6604 of this title shall submit an application in such form and accompanied by such plans, specifications and other information as required by applicable regulations.

(b) Upon receipt of an application in proper form, the Secretary shall post on the Department’s website and advertise in a daily newspaper of statewide circulation and in a newspaper of general circulation in the county in which the activity is proposed, a notice containing all of the following:

(1) The fact that the application has been received.

(2) A brief description of the nature of the application.

(3) An electronic address where there are instructions for reading the application online. The Department may provide instructions for nonelectronic review of application attachments that are too voluminous to post online.

(c) The Secretary may hold a public hearing with respect to any application if it is deemed to be in the best public interest. The Secretary shall hold a public hearing if the Secretary receives a written meritorious public hearing request expressing opposition to the application within 20 days of advertisement. 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.
7 Del. C. § 769 — Delaware Code / Title 7 / Chapter 7 / Subchapter IV / Section 769
§ Â
        769. License to sell rabbits received from another state.
Status: in_force

A special license shall not be required for the purpose of selling rabbits received from without the State in accordance with § 768 of this title.
7 Del. C. § 6403 — Delaware Code / Title 7 / Chapter 64 / Subchapter I / Section 6403
§ Â
        6403. Establishment, composition, etc., of Authority.
Status: in_force

(a) There is hereby established and created a statewide solid waste authority, a body politic and corporate constituting a public instrumentality of the State established and created for the performance of an essential public and governmental function, to be known as the Delaware Solid Waste Authority. The Authority shall consist of 7 directors, all of whom shall be residents of and qualified to vote in the State. The Governor shall appoint the directors with the advice and consent of the Senate. The Governor shall designate a director as chairperson, and such director shall serve at the pleasure of the Governor. There shall be at least 1 director from each of 3 counties and the City of Wilmington. Authority directors registered in either major political party shall not exceed the other major political party by more than 1. The terms of the original directors, excluding the chairperson, shall be as follows: Two directors shall serve for 1 year; 2 directors shall serve for 2 years; and 2 directors shall serve for 3 years. Upon the expiration of the terms of the original directors, excluding the chairperson, the term of each director appointed thereafter shall be 3 years.

(b) In the event of the death of a director, permanent disability of a director, resignation of a director or failure of a director to perform his or her duties, the Governor shall appoint an interim director to serve for a period not to exceed 6 months, unless such interim director shall be confirmed by the Senate, in which case the interim director shall complete the term of the replaced director. If an interim director is not confirmed by the Senate within 6 months of the date of appointment, the position of director shall remain vacant until such time that an interim director is confirmed by the Senate, or a director is selected to serve a new term. Except as otherwise set forth herein the appointment of interim directors shall be subject to all other requirements regarding appointments of directors.

(c) For purposes of conducting business of the Authority, 5 directors shall constitute a quorum. A majority vote of members constituting the quorum shall be required for action on any matter before the Authority. All votes on matters before the Authority shall be conducted at meetings open to the public, and such meetings shall be timely noticed through statewide newspaper advertisement. Nothing herein shall prevent the directors of the Authority from meeting at executive sessions which are closed to the public for purposes of discussing Authority matters.

(d) Each director shall be entitled to reimbursement for actual and necessary expenses incurred during the performance of official duties.

(e) The Authority may delegate to 1 or more of its directors, the manager, or its agents, such powers and duties as it may deem necessary and proper in conformity with this chapter.

(f) The chairperson shall, with the approval of the directors, select a manager of the Authority who shall be an employee of the Authority.

(g) Subject to § 6409 of this title, the Authority shall continue until its existence shall be terminated by law, in which case all of its rights and properties shall pass to and be vested in the State.

(h) The Authority may adopt procedural rules to implement this section.

(i) The Authority may, after notice and public hearing, adopt rules and regulations governing the use and/or operation of facilities under its jurisdiction and control.

(j) The Authority shall, after notice and public hearing, adopt a statewide solid waste management plan, and amend such plan as necessary.

(k) The Authority may, after notice and public hearing, adopt fee schedules, user charges and/or other charges for the use and/or operation of facilities under its jurisdiction and control.

(l) The Authority may, after notice and public hearing, adopt rules and regulations to effectuate the powers, policies, purposes and functions set forth in this chapter.

(m) The Authority may, after notice and public hearing, adopt rules and regulations governing the composition, quality, quantity and delivery of source separated recyclable materials to recycling centers.
7 Del. C. § 6058 — Delaware Code / Title 7 / Chapter 60 / Subchapter III / Section 6058
§ Â
        6058. Establishment, composition and responsibility of the Recycling Public Advisory Council.
Status: in_force

(a) There is hereby established a Recycling Public Advisory Council (the “Council”). The Council shall be composed of 16 members who shall be appointed by the Governor as follows:

(1) One member from the Department;

(2) One member from the Authority;

(3) One member representing county governments, with such member being recommended by the Delaware Association of Counties;

(4) One member representing municipal governments, with such member being recommended by the Delaware League of Local Governments;

(5) One member representing the recycling industry;

(6) One member representing the waste hauling industry;

(7) Two members, 1 representing the soft drink industry and 1 representing the alcohol beverage industry;

(8) One member representing the Delaware State Chamber of Commerce;

(9) One member representing the Delaware restaurant industry;

(10) Five members representing community-based or public-interest groups; and

(11) One member representing the Delaware Food Industry Council.

(b) Members of the Council, except for those appointed pursuant to paragraphs (a)(1) and (2) of this section above, shall serve for terms up to 3 years and may not serve more than 2 consecutive terms but may again serve after 1 year off of the Council. Members shall be appointed for staggered terms so that no more than 5 appointments shall expire in any 1 calendar year. Members may be reimbursed for travel to and from meetings. The Governor shall appoint a Chairman from among the 16 members. Actions of the Council shall be approved by a majority vote of the Council. At least 9 members of the Council shall constitute a quorum. The Council may adopt bylaws as it deems appropriate to serve the purposes of this subchapter.

(c) The Recycling Public Advisory Council shall:

(1) Advise the Department and the Authority on all aspects of recycling;

(2) Advise the Department in developing criteria for the Recycling Grants and Low Interest Loan Program and selection of applications as well as provide an annual assessment of the revenue needed to satisfy the grant requirements;

(3) Maintain, in conjunction with the Department and the Authority, a methodology for measuring recycling rates;

(4) Provide advice and recommendations regarding the recycling outreach and education programs conducted by the Authority and/or the Department;

(5) Report to the Governor and the General Assembly annually by November 1 of each year on the status of recycling activities in Delaware. Said report shall include, but not be limited to the following:

a. Status of attainment of the recycling goals specified in § 6056 of this title;

b. An accounting of the recycling grants and loan program and any recommendations for future funding of the grants and loan program;

c. An assessment of the activities of both the Department and the Authority in achieving the recycling goals specified in § 6056 of this title;

d. An objective, auditable accounting of recycling rates for total solid waste, municipal solid waste, and residential solid waste;

e. Such other recommendations as the Council shall deem appropriate; and

f. Use the definitions of “recycling” and “municipal solid waste” as stated by the United States Environmental Protection Agency in its document EPA530-R-97-011 dated September 1997. The Council shall be able to adopt changes to these definitions.

(d) The Department, in concert with the Authority and the Council, shall:

(1) Monitor the State’s recycling initiatives and measure Delaware’s achievements toward attainment of the recycling goals specified in § 6056 of this title;

(2) Design and implement public educational efforts aimed at increasing public awareness of recycling opportunities;

(3) Provide technical assistance to local entities to assist them in increasing their recycling rates; and

(4) Provide administrative support to the Council.
7 Del. C. § 6709 — Delaware Code / Title 7 / Chapter 67 / Section 6709
§ Â
        6709. Permits for operation of motor vehicles during testing.
Status: in_force

The Department of Natural Resources shall issue permits to all certified repair technicians to conduct on-board diagnostic testing of vehicles that are not in compliance with § 2115 of Title 21. The Department may recover costs reasonably related to the issuance of such permits.
7 Del. C. § 7306 — Delaware Code / Title 7 / Chapter 73 / Section 7306
§ Â
        7306. Dedication process.
Status: in_force

(a) The Department is authorized and empowered, for and on behalf of the State, to acquire nature preserves by gift, devise, purchase, exchange or any other method of acquiring real property or any estate, interest or right therein, provided that such acquisition shall not be made through the exercise of the power of eminent domain, and further provided that any interest owned by the State or by any subdivision thereof may be dedicated only by voluntary act of the agency having jurisdiction thereof. The Department may acquire the fee simple interest in an area or any 1 or more lesser estates, interests and rights therein, including (without limitation upon the generality of the foregoing by reason of specification) a leasehold estate, an easement either appurtenant or in gross and either granting the State specified rights of use or denying to the grantor specified rights of use or both, a license, a covenant, and other contractual rights. A nature preserve may be acquired voluntarily for such consideration as the Department deems advisable or without consideration.

(b) The Secretary of the Department, upon the advice and concurrence of the Council, shall accept natural areas by articles of dedication or gift. A nature preserve is established when articles of dedication have been filed by or at the direction of the owner of land, or a governmental agency having ownership or control thereof, in the office of the county recorder of the county in which the land is located.

(c) Articles of dedication shall be executed by the owner of the land in the same manner and with the same effect as a conveyance of an interest in land and shall be irrevocable except as provided in this section. The county recorder may not accept articles of dedication for recording unless they contain terms restricting the use of the land which adequately provide for its preservation and protection against modification or encroachment resulting from occupation, development or other use which would destroy its natural or esthetic conditions for 1 or more of the uses and purposes set forth in this section.

(d) Articles of dedication may contain provisions for the management, custody and transfer of land, provisions defining the rights of the owner or operating agency and the Department, and such other provisions as may be necessary or advisable to carry out the uses and purposes for which the land is dedicated. They may contain conditions under which the owner and the Department may agree to rescind the articles.

(e) The Department may make or accept amendments of any articles of dedication upon terms and conditions that will not destroy the natural or esthetic condition of a preserve. If the fee simple interest in the area is not held by the State, no amendment shall be made without the written consent of the owner. Each amendment shall be recorded in the same manner as the articles of dedication.
7 Del. C. § 6427 — Delaware Code / Title 7 / Chapter 64 / Subchapter I / Section 6427
§ Â
        6427. Industrial solid waste.
Status: in_force

(a) The Authority may determine to accept or to cease accepting industrial solid waste at any 1 or more of its facilities.

(b) The Authority shall develop criteria, to be approved by the Department, for determining whether industrial solid wastes or special solid wastes are acceptable for disposal at the Authority’s facilities. The Authority may require, from any person seeking to dispose of industrial solid waste or special solid waste at any of its facilities, any evidence the Authority deems necessary to determine whether the industrial solid waste or special solid waste meets the criteria developed pursuant to this subsection.

(c) The manager, or the manager’s designee, may elect not to accept any particular industrial solid waste or type of industrial solid waste if the manager, or the manager’s designee, determines that such waste or the quantity thereof will have an adverse effect on the facility or the operation of the facility, if an effective means of risk and cost allocation cannot be achieved, or for such other reasons as the Authority may identify in the statewide solid waste management plan.

(d) In addition to other fees and charges that it imposes, the Authority may impose an industrial solid waste disposal surcharge to compensate the Authority for the risks associated with accepting industrial solid waste, specifically or by classes, and for the additional costs, including administrative expenses and overhead, associated with such disposal. The industrial solid waste disposal surcharge shall be set by the manager, or the manager’s designee, without notice and public hearing thereon, and may be done on a case-by-case basis. In setting such surcharge the manager shall take into consideration the volume of waste to be disposed of, the degree of risk associated with such disposal, the additional administrative expenses and overhead incurred by the Authority and any other relevant factors.

(e) Any person causing or allowing industrial solid waste to be delivered to a facility operated by or on behalf of the Authority shall be deemed to have agreed to indemnify and hold harmless the Authority from any liability arising from the disposal of such industrial solid waste and to have agreed to reimburse the Authority for any costs reasonably incurred to protect against or reduce any risk resulting therefrom; provided, however, such person, if such person has not caused or allowed the delivery of hazardous waste, hazardous materials or toxic substances, shall not be liable under this subsection to the Authority for harm or damage caused by the negligence of the Authority.

(f) (1) Any person seeking to have industrial solid waste disposed of at a facility operated by or on behalf of the Authority, who is aggrieved by a determination of the manager, or the manager’s designee, under this section, with regard to such effort, may seek review thereof by the directors of the Authority by filing a request for review with the manager within 15 days of learning of such determination.

(2) At least 15 days’ notice of the time set forth for hearing by the directors of the request for review shall be sent by registered mail to the person filing the request for review who bears the burden of proof in such proceeding.

(3) The person filing for the request for review may appear personally or by counsel at the hearing and produce any competent evidence in his or her behalf.

(4) Upon request of the manager or the person filing the request for review, the chairperson of the Authority shall issue subpoenae requiring the testimony of witnesses and production of books, records or other documents relevant to any matter involved in such hearing. In case of contumacy or refusal to obey a subpoena issued under this paragraph, the Superior Court in the county in which the hearing is held shall have jurisdiction upon application of the chair to issue an order requiring such person to appear and testify or produce books, records or other documents requested.

(5) All testimony at the hearing shall be taken under oath. The Chairperson shall administer oaths and all directors shall be entitled to examine witnesses.

(6) The hearing may be held as part of a regular meeting or at a special meeting of the Authority. Deliberations on requests for review under this section shall be held in executive sessions which shall be closed to the public.

(7) The decision of the directors of the Authority shall be in writing and shall be sent to the person filing the request for review by registered mail.
7 Del. C. § 9117 — Delaware Code / Title 7 / Chapter 91 / Subchapter I / Section 9117
§ Â
        9117. Environmental liens [For application of this section, see 79 Del. Laws, c. 69, Ââ5].
Status: in_force

(a) Pursuant to the provisions of this section, all reasonable costs related to any remedy undertaken by the State for which a person is liable under this chapter or the regulations promulgated pursuant thereto shall constitute a lien in favor of the State upon the real property where such remedy takes place and which belongs to such liable person.

(b) A lien created under this section constitutes record notice and attaches to and is perfected against real property upon which a remedy has been undertaken by the State and which is owned by a person liable under this chapter when:

(1) No less that 30 days prior to the effective date of the lien, a notice of lien is sent by the Secretary, by means of certified or registered mail, to the last known address of all record owners of the property and to all persons holding liens or security interests of record. The notice of lien shall state the amount of and basis for the lien;

(2) No less than 30 days prior to the effective date of the lien, a notice of lien is filed by the Secretary with the office of the recorder of deeds in the county in which the property is located; and

(3) Costs associated with any remedy at the property are incurred by the State.

(c) A person whose interest is substantially affected by any action of the Secretary taken pursuant to subsection (a) of this section may contest the imposition of a lien to the Environmental Appeals Board in accordance with § 6008 of this title. This section shall not preclude any equitable claims by an aggrieved person in the Court of Chancery to contest the imposition of a lien, including actions to quiet title. In any action seeking to contest or enforce a lien, the burden of establishing entitlement to such lien shall be consistent with the burden of proof applicable in an action brought by the Secretary pursuant to this chapter.

(d) A lien created under this section has priority over all other liens and encumbrances perfected after the date that the lien recorded pursuant to this section is perfected, except for liens and encumbrances which relate back to before the perfection of the lien recorded pursuant to this section.

(e) A lien created under this section continues until fully satisfied or otherwise discharged in accordance with law. The Secretary shall, on written request, make available the documentation upon which such lien is based within 10 days of such request.

(f) Upon satisfaction of the liability secured by a lien created under this section, the Secretary shall file a notice of release of lien with the office of recorder of deeds in the county in which the real property is located.

(g) No lien or obligation created under this chapter may be limited or discharged in a bankruptcy proceeding. All obligations imposed by this chapter shall constitute regulatory obligations imposed by the State.

(h) If the Secretary determines that the funds projected to be available in order to satisfy the lien provided pursuant to subsection (a) of this section will be insufficient to permit the State to recover fully its costs, the Secretary may file a petition in the Court of Chancery seeking to impose an additional lien or liens upon other real property in this State owned by the same liable person or persons as the property where the costs are incurred.

(1) A petition filed by the Secretary pursuant to this subsection shall describe with particularity the real property to which the requested lien will attach.

(2) Upon filing of a petition by the Secretary, the Court shall schedule a hearing to determine whether the petition should be granted. Notice of the hearing shall be provided to the Secretary, the record owner or owners of the real property which is the subject of the petition, and any person holding a lien or a perfected security interest in the property.

(i) A person whose interest is substantially affected by any action of the Secretary taken pursuant to this section, while contesting the imposition of such environmental lien in accordance with the procedures set forth herein, shall have the right to discharge said lien upon payment into the Court of Chancery or entry of security as follows:

(1) Cash deposit. — Any environmental lien filed hereunder shall, upon petition of the owner or any party in interest, be discharged as a lien against the property whenever a sum equal to the amount of the claim shall have been deposited with the Court in said proceedings for application to the payment of the amount finally determined to be due. Said petition shall include an affidavit by the owner or party in interest setting forth which parts of the claim filed hereunder are disputed and which parts are not disputed. The nondisputed part of the claim shall be paid to the Secretary before the lien against the property is discharged. If it is finally determined by the Court that the disputed portion of the claim has been grossly overstated by the affiant, the Court may, in its discretion, award damages to the Secretary against the affiant in an amount up to twice the figure stated by the affiant to be disputed.

(2) Refund of excess. — Any excess of funds paid into Court as aforesaid, over the amount of the claim or claims determined and paid therefrom, shall be refunded to the owner or party depositing same upon application.

(3) Security in lieu of cash. — In lieu of the deposit of any such sum or sums in cash, approved security may be entered in such proceedings in an amount which the Court shall approve, which, however, shall in no event be less than the full amount of such required deposit; and the entry of such security shall entitle the owner to have such liens discharged to the same effect as though the required sums have been deposited in Court as aforesaid.

(4) Authority of Court. — The Court, upon petition filed by any party, and after notice and hearing, may upon cause shown:

a. Require the increase or decrease of any deposit or security;

b. Strike off security improperly filed;

c. Permit the substitution of security and enter an exoneration of security already given.
7 Del. C. § 4006 — Delaware Code / Title 7 / Chapter 40 / Section 4006
§ Â
        4006. State management program.
Status: in_force

(a) The Department shall, in cooperation with appropriate state and federal agencies, conservation districts, other governmental subdivisions of the State, and the regulated community develop a state stormwater management program. This program shall take into consideration both quantity and quality of water, and shall be integrated with, and made a part of the amended state erosion and sediment control program to create a sediment and stormwater program.

(b) In carrying out this chapter, the Department shall have the authority to:

(1) Provide technical and other assistance to districts, counties, municipalities and state agencies in implementing this chapter;

(2) Develop and publish, as regulation components, minimum standards, guidelines and criteria for delegation of sediment and stormwater program components, and model sediment and stormwater ordinances for use by districts, counties and municipalities;

(3) Review the implementation of all components of the statewide sediment and stormwater program that have been delegated to either the conservation districts, counties, municipalities or other state agencies in reviews to be accomplished at least once every 5 years;

(4) Require that appropriate sediment and stormwater management provisions be included in all new erosion and sediment control plans developed pursuant to this chapter;

(5) Cooperate with appropriate agencies of the United States or other states or any interstate agency with respect to sediment control and stormwater management;

(6) Conduct studies and research regarding the causes, effects and hazards of stormwater and methods to control stormwater runoff;

(7) Conduct and supervise educational programs with respect to sediment control and stormwater management;

(8) Require the submission to the Department of records and periodic reports by conservation districts, tax ditch organization, county and municipal agencies as may be necessary to carry out this chapter;

(9) Review and approve designated watersheds for the purpose of this chapter;

(10) Establish a maximum life of 5 years for the validation of approved plans. The regulations shall specify variances which expand this time limitation in specific situation; and

(11) Establish a means of communication, such as a newsletter, so that information regarding program development and implementation can be distributed to interested individuals.

(c) The Department shall develop such regulations in conjunction with and with substantial concurrence of a regulatory advisory committee, appointed by the Secretary, which shall include representatives of the regulated community and others affected by this chapter. The Secretary shall appoint only 1 representative of the Department to the regulatory advisory committee and no legal representatives of any of those serving on the committee shall be entitled to be a member of the committee. The recommendations of this committee shall be presented at all public workshops and hearings related to the adoption of the regulations implementing this chapter. Prior to final promulgation of regulations under this chapter, the Secretary shall explain, in writing, any differences between the advisory committee recommendations and the final regulations. The regulations may include, but are not limited to, the following items:

(1) Criteria for the delegation of program elements;

(2) Types of activities consistent with the provisions of this chapter that require a sediment and stormwater management permit;

(3) Waivers, exemptions and variances;

(4) Sediment and stormwater plan approval fees and performance bonds;

(5) Criteria for distribution of funds collected by sediment and stormwater plan approval fees;

(6) Criteria for implementation of a stormwater runoff utility;

(7) Specific design criteria and minimum standards, and specifications, provided that any design criteria, standards and specifications adopted shall be technologically feasible and uniformly capable of being satisfied;

(8) Permit application and approval requirements;

(9) Criteria for approval of designated watersheds;

(10) Criteria regarding attendance and completion of departmental sponsored or approved training courses in sediment and stormwater control that will be required of certified construction reviewers and responsible personnel;

(11) Construction review; and

(12) Maintenance requirements for sediment control during construction and stormwater management structures after construction is completed.

(d) (1) The Department may adopt, amend, modify or repeal rules and regulations after public hearing to effectuate the policy and purposes of this chapter. The conduct of all hearings conducted pursuant to this chapter and the promulgation process shall be in accordance with the relevant provisions of Chapter 60 of this title, and all other provisions of Delaware law. Notwithstanding the foregoing or any other provision of Delaware law, the Department and any other approval authority shall, for purposes of approval, after June 24, 2016, review required applications for land disturbing activities using the guidelines set forth herein until such time that the Department adopts new regulations which become final pursuant to the requirements of this chapter. The guidelines to be used are as follows:

a. The Resource Protections Event Volume (RPv) is equal to a runoff volume generated by a 2.7" storm event. Treatment of a 1-inch runoff from a RPv event with best management practices (BMPs) as set forth in the April 2016 Post Construction Stormwater Management BMP Standards and Specifications or functional equivalents is required. If additional measures are necessary to manage the remainder of runoff from the RPv to achieve the predevelopment runoff rate from the RPv, then additional BMPs shall be utilized to achieve the predevelopment runoff rate and shall be considered sufficient for purposes of obtaining plan approval.

b. RPV compliance for redevelopment projects as defined herein must employ the same BMPs set forth above to reduce the existing effective imperviousness by 15%.

c. Runoff rates for the 10-year and 100-year storm events must be managed in accordance with the referenced BMPs, exclusive of volume requirements.

(2) In lieu of satisfying the guidelines in paragraphs (d)(1)a. and (d)(1)b. of this section, nothing shall preclude an applicant from utilizing in whole or in part the 2016 emergency regulations and guidelines prior to the adoption of the referenced new regulations.

(3) The guidelines cited in paragraphs (d)(1)a. and (d)(1)b. of this section shall be included in the new regulations which are to be adopted.

(e) A regulation promulgated by the Department under this chapter that provides for the use of a standard plan in lieu of a detailed sediment and stormwater management plan shall provide that an agricultural structure construction project with a total land disturbance of 10 acres or less is entitled to a standard plan.

(f) Notwithstanding subsections (a) through (c) of this section, in developing a state stormwater management program the Department may not promulgate a regulation that relies on a stormwater runoff volume reduction approach.

(g) A regulation promulgated by the Department under this chapter shall comply with the Regulatory Flexibility Act, Chapter 104 of Title 29, and shall include both a regulatory impact statement under § 10404A of Title 29 and a regulatory flexibility analysis under § 10404B of Title 29, even if such a statement or analysis would otherwise not be required by § 10404A(b)(1) or § 10404B(b)(1) of Title 29.

(h) The provisions of Chapter 60 of this title and of Chapter 101 and Chapter 104 of Title 29 with respect to the adoption of rules and regulations shall not apply to regulatory guidance documents, interpretive rules, or general statements of policy adopted by the Department to support the regulations promulgated under this chapter. A regulatory guidance document, interpretive rule, or general statement of policy shall not:

(1) Impose any new or additional requirements beyond those set forth in this chapter and the regulations promulgated by authority of this chapter; or

(2) Be used by the Department as a substitute for the provisions of this chapter or the stormwater regulations for enforcement purposes.

(i) As used in this section, a "regulatory guidance document" means any technical manual, checklist, policy memorandum, form, BMP standards and specifications, Delaware Sediment and Erosion Control Handbook or other similar document, used by the Department to facilitate compliance with the provisions of this chapter and the regulations promulgated by authority of this chapter. Any changes to regulatory guidance documents, as defined in this section, shall be adopted following public notice requirements in accordance with § 6004 of this title and shall be filed in the Register of Regulations pursuant to § 10113 of Title 29.
7 Del. C. § 4382 — Delaware Code / Title 7 / Chapter 43 / Subchapter VI / Section 4382
§ Â
        4382. Obstruction of or damage to tax lagoon; civil and criminal liability.
Status: in_force

(a) If any person wilfully or negligently obstructs or damages any part of a tax lagoon and upon request of the lagoon managers fails to remove the obstruction or to repair the damage at the person’s own expense, the lagoon managers shall see that the obstruction is removed and that the damage is repaired.

(b) The person so obstructing or damaging the tax lagoon shall be liable for all loss or injury caused thereby and the expenses or charges for remedying the same, and said loss or injury, expenses or charges may be sued for and recovered by the lagoon managers in the name of the tax lagoon before any justice of the peace in the county where the obstruction or damage occurred.

(c) Whoever wilfully obstructs or damages any part of a tax lagoon, as specified in subsection (a) of this section, or wilfully interferes in any way with tax lagoon operations as provided for in this chapter or in a tax lagoon order made pursuant to this chapter shall be fined not more than $100.
7 Del. C. § 7403B — Delaware Code / Title 7 / Chapter 74B / Section 7403B
§ Â
        7403B. Program duties and responsibilities.
Status: in_force

(a) Notwithstanding the provisions of § 7401B(c) of this title, the Secretary or the Secretary’s designee shall have immediate access to the premises for investigation purposes related to the construction, operation, maintenance or repair of a boiler, pressure vessel or nuclear installation.

(b) Notwithstanding any provision of this chapter to the contrary, any heating and hot water supply boiler located in an apartment complex or residence of 6 or less living units, or any heating or hot water supply boiler located in and used to heat a single unit, where the heat input does not exceed 100,000 Btu/hr., shall be exempt from field inspection only.

(c) The Boiler Safety Program shall have the authority to specify minimum standards for the fabrication, construction, installation, operation, inspection and repair of all boilers, pressure vessels and nuclear installations in this State.

(d) The Boiler Safety Program, with the approval of the General Assembly, shall establish appropriate fees for all activities and services provided by the Program, including, but not limited to, commissions, inspections and examinations.

The fees established in this subsection shall be credited to a dedicated Boiler Safety Administration Fund. Any moneys remaining in the Boiler Safety Administration Fund at the end of the fiscal year will remain in the Boiler Safety Administration Fund. The Boiler Safety Administration Fund shall be maintained in a separate interest-bearing account and shall be administered by the Department.

(e) The Boiler Safety Program shall act as the American Society of Mechanical Engineers (ASME) and National Board designees when performing ASME shop reviews and the National Board of Boiler and Pressure Vessel Inspectors (NBBPVI) shop reviews of those manufacturers and repair companies of boilers and pressure vessels in this State.

(f) The Boiler Safety Program shall have the authority to require that all boilers and pressure vessels in this State be inspected by persons commissioned as boiler and pressure vessel inspectors in this State. The Boiler Safety Program shall have the authority to issue certificates of inspection for all boilers and pressure vessels that satisfy the requirements of this chapter and any regulations promulgated under this chapter, except those boilers and pressure vessels exempt from this requirement under § 7401B(c) of this title and by regulation. The Boiler Safety Program shall be responsible for inspecting uninsured boilers and pressure vessels as well as boilers and pressure vessels that the owner has failed to have inspected. The Secretary or the Secretary’s designee shall have immediate access to the site of all installations for inspection purposes and in the event of an accident. Inspection requirements shall be contained in rules and regulations.

(1) All owners, users and/or contractors, who are responsible for the installation of boilers or pressure vessels in this State, shall obtain a certificate of inspection from the Boiler Safety Program prior to the operation of the boiler or pressure vessel. Notwithstanding this provision, any newly installed boiler or pressure vessel may be operated for testing necessary for issuance of a certificate of inspection.

(2) Owners or operators of boilers and pressure vessels shall register the boiler or pressure vessel with the Department.

(g) The Secretary or the Secretary’s designee shall have the authority to issue a commission to an applicant as an inspector of boiler and pressure vessels who meets the following criteria:

(1) Shall file a notarized application with the Secretary or the Secretary’s designee and pay the fee established by the Program;

(2) Shall obtain a passing score on the validated examination for inspector;

(3) Shall possess a valid, current commission issued by the NBBPVI; and

(4) Shall not have been the recipient of any administrative penalties regarding the applicant’s inspection practices in any other jurisdiction where the applicant has held, or currently holds, a commission.

The applicant shall be responsible for providing proof of a valid commission in all state jurisdictions where the applicant holds or has held a commission as boiler inspector.

(h) All inspections of repairs and alterations shall be performed by a Delaware-commissioned inspector following the provisions of the NBIC and the Delaware rules and regulations.

(i) The Secretary shall promulgate and enforce rules and regulations, which shall be binding on all persons commissioned by the Program, including manufacturers and users of boilers and pressure vessels. The rules and regulations shall conform, insofar as possible, to the ASME Boiler and Pressure Vessel Code and the NBBPVI’s Inspection Code. The rules and regulations shall further the purposes and objectives of this chapter and particularly as stated in § 7401B(b) of this title.

(j) Variances and temporary emergency variances may be granted by the Secretary from any regulation adopted pursuant to this chapter in accordance with §§ 6011 and 6012 of this title.

(k) The Secretary or the Secretary’s designee shall designate, contract, approve and arrange for the administration of all examinations. The Secretary or the Secretary’s designee shall have the following powers, duties and functions relating to the administration of Delaware examinations:

(1) Deposit all fees received for testing to be used to cover the costs of all expenses directly related to the administration of examinations;

(2) Review, approve and execute all contracts for examination services;

(3) Review and approve the content and validity of any examination; and

(4) Supervise the administration and proctoring of all tests.

(l) The Secretary or the Secretary’s designee shall:

(1) Have the power of a constable pursuant to § 2902(d) of Title 10, for the sole purpose of executing and serving the administrative inspection warrants, subpoenas and summons issued under the authority of this State and pursuant to the performance of their duties; and

(2) Have the power to shut down unsafe boilers or pressure vessels pursuant to this chapter.

(m) The Secretary or the Secretary’s designee shall have the power to suspend or revoke a state commission for a finding of improper conduct. Where an application has been refused or rejected for a commission as inspector in this State or where a commission has been suspended for improper conduct by the Secretary’s designee, the applicant may appeal to the Secretary of the Department of Natural Resources and Environmental Control.

(n) The Secretary or the Secretary’s designee shall establish a process for handling citizen complaints regarding the unsafe operation of boilers and pressure vessels in this State, which process shall be promulgated in rules and regulations.

(o) All commissions issued previously by the Division of Boiler Safety shall remain valid as if they had been issued by the Program, and the Program shall have all powers and jurisdiction over such commissions the same as if the commissions had been issued by the Program in the first instance.
7 Del. C. § 2004 — Delaware Code / Title 7 / Chapter 20 / Section 2004
§ Â
        2004. Unlawful taking of shellfish on areas leased for aquaculture purposes.
Status: in_force

(a) It shall be unlawful for anyone to take any bivalve shellfish from any shellfish aquaculture grounds leased to another unless specifically authorized in writing by the holder of said lease.

(b) It shall be unlawful to harvest or remove bivalve shellfish from aquaculture lease sites including off-bottom cages and enclosures between sunset and sunrise.

(c) It shall be unlawful to have both wild-caught bivalve shellfish and shellfish aquaculture products on the same vessel or to place wild-caught bivalve shellfish and shellfish aquaculture products in the same container prior to transfer to a licensed buyer or shellfish dealer.
7 Del. C. § 6128 — Delaware Code / Title 7 / Chapter 61 / Section 6128
§ Â
        6128. Notice of offer to lease; bid award; fee.
Status: in_force

(a) The Secretary may offer to lease tide and submerged lands by publication of a notice of his or her intention to do so, once each week for not less than 2 weeks in 2 or more newspapers of general circulation in this State, 1 of which is published or has general circulation in the county in which the lands lie or the county contiguous thereto. The notice shall describe the lands so offered, and shall specify the rate of royalty and the rental, the manner in which bids may be filed with the Secretary, the amount of the deposit that must accompany each bid, and the time and place for filing bids, which time shall not be less than 30 days after the date of last publication of such notice. Further, the notice shall state that the lease will be awarded to the bidder offering the highest cash bonus, that the form of lease, conditions for bidding and bid form may be obtained from the Secretary upon request, and that the lease is subject to prior approval by the United States Defense Department.

(b) Each bid shall be enclosed in a sealed envelope, shall be on the form provided by the Secretary and shall be accompanied by duplicate lease forms executed by the bidder, and by a certified or cashier’s check or checks payable to the State in the amount fixed by the Secretary which sum shall be deposited as evidence of good faith and, except in the case of the successful bidder, shall be returned to the bidder promptly. If the successful bidder fails to pay the balance of the cash bonus bid and the annual rental for the first year within 15 days after the award of the lease, or fails to post any bond required by the lease or the regulations in effect at the date of the invitation for bids within the time prescribed, the amount of the deposit shall be forfeited to the State.

(c) At the time and place specified in the notice the Secretary shall publicly open the sealed bids and shall within 30 days reject all bids or award the lease for each parcel to a responsible bidder who, in addition to complying with all of the conditions for bidding, offers the highest cash bonus. The Secretary may reject any or all bids.

(d) Following the award of the lease, the payment by the successful bidder of the balance of the cash bonus, the annual rental for the first year, and the fees specified in this section, and the posting of any required bonds, the Secretary and the Governor shall execute the lease in duplicate on behalf of the State and transmit 1 counterpart thereof to the lessee. The lease shall become effective as of the date of such execution.

(e) The Secretary shall prescribe a reasonable fee to cover the procedures under this section, which shall be paid by the successful bidder.
7 Del. C. § 6455 — Delaware Code / Title 7 / Chapter 64 / Subchapter II / Section 6455
§ Â
        6455. Public education and promotion of recycling, composting and other waste reduction programs.
Status: in_force

The Authority, in cooperation and consultation with the Department, shall initiate and conduct public outreach and education programs on the cessation of its curbside recycling program and modification to its drop off and organic yard waste programs, as well as continuing education on the purposes and value of source separated recycling and resource recovery. The intent of these educational programs shall be to maximize the diversion and recovery of recyclable materials and organic yard waste, whether it was generated by the commercial or residential sector. Such program may be conducted in conjunction with similar efforts of private industry, municipalities, public interest groups, the Department and the Recycling Public Advisory Council. The program may include the use of public advertising.
7 Del. C. § 7407 — Delaware Code / Title 7 / Chapter 74 / Subchapter I / Section 7407
§ Â
        7407. Release detection, prevention and correction regulations.
Status: in_force

(a) The Department, after notice and opportunity for public comment, and within 12 months after July 12, 1985, shall promulgate release detection, prevention and correction regulations applicable to underground storage tanks, as may be necessary to protect human health and the environment.

(b) In promulgating regulations under this section, the Department shall take into consideration factors which affect tank integrity, including, but not limited to, tank location, type and age, soil conditions, hydrogeology, compatibility of the stored substances and the materials of which the tank is constructed, current industry recommended practices, national consensus codes and the impact of the regulations on the regulated community. The Department shall distinguish in such standards between requirements appropriate for new tanks, for tanks in existence on the date of promulgation of the standards and for abandoned tanks. The Department shall require permits for certain classes of tanks or for tanks located in certain environmentally sensitive areas where such a permit system would lead to better management of groundwater resources.

(c) The Department’s regulations shall, at a minimum, include the following provisions:

(1) A requirement that a product inventory or other such control system, adequate to identify releases from underground storage tanks, be maintained;

(2) Procedures to follow when inventory or other such control system records indicate an abnormal loss or gain which is not explainable by spillage, temperature verifications, or other known causes;

(3) A requirement that appropriate corrective action be taken in response to a release from an underground storage tank as may be necessary to protect human health and the environment;

(4) A requirement to maintain records documenting actions taken in accordance with paragraphs (c)(1)-(3) of this section;

(5) A requirement for an enforcement program; and

(6) A requirement for standards that will ensure against any future release from an underground storage tank being closed or otherwise taken out of operation.

(d) All underground storage tank system fill lines shall be clearly marked to indicate the size of the tank and the type of regulated substances stored, within 180 days of July 20, 1987; as provided in regulations established under this chapter.
7 Del. C. § 6415 — Delaware Code / Title 7 / Chapter 64 / Subchapter I / Section 6415
§ Â
        6415. Depositaries.
Status: in_force

All banks, bankers, trust companies, savings banks and other persons carrying on a banking business under the laws of the State are authorized to give security for the safekeeping and prompt payment of moneys of the Authority deposited by it with them, in such manner and form as may be required by and as may be approved by the Authority, which security may consist of a good and sufficient undertaking with such sureties as may be approved by the Authority, or may consist of the deposit with the Authority or other depositary approved by the Authority as collateral of such securities as the Authority may approve.
7 Del. C. § 2501 — Delaware Code / Title 7 / Chapter 25 / Section 2501
§ Â
        2501. Size limit.
Status: in_force

It shall be unlawful for any person to take from any waters within the jurisdiction of the State or have in that person’s possession at any time any American lobster with a minimum carapace length measuring less than 31/4 inches between January 1, 1989 and December 31, 1990; 39/32 inches between January 1, 1991, and December 31, 1991; and 35/16 inches after January 1, 1992, and 33/8 inches beginning July 1, 2004. The carapace, or body shell, is measured from the rear end of the eye socket along a line parallel to the center line of the carapace to the posterior end of the carapace. Further, it shall be unlawful for any person to take from any waters within the jurisdiction of the state or have in that person’s possession, at any time, any female American lobster with a carapace length measuring more than 51/2 inches except that beginning July 1, 2008, no male or female lobster may be taken or possessed that has a carapace length measuring more than 51/4 inches.
7 Del. C. § 4165 — Delaware Code / Title 7 / Chapter 41 / Subchapter IV / Section 4165
§ Â
        4165. Failure of ditch officer to perform duties; remedy; removal.
Status: in_force

If any officer of a tax ditch fails to perform the duties imposed on him or her by this chapter, any taxable may petition the Superior Court from which the ditch order was issued and request an order directing said officer to carry out his or her duties, and upon his or her failure to comply with the order within the time stated therein, the taxable may further petition the Superior Court for the removal of the officer.
7 Del. C. § 904 — Delaware Code / Title 7 / Chapter 9 / Section 904
§ Â
        904. Advisory Council on Tidal Finfisheries; establishment; organization; authority.
Status: in_force

(a) There is created an Advisory Council on Tidal Finfisheries to advise the Director on all matters relating to tidal finfisheries management.

(b) The Council shall have 7 members, all of whom shall be appointed by the Governor. Council members shall consist of the following:

(1) Two members who are residents of New Castle County.

(2) Two members who are residents of Kent County.

(3) Two members who are residents of Sussex County.

(4) One member who is a resident of this state to serve as Chair.

(c) In addition to the residency requirements of subsection (b) of this section, council members shall meet the following criteria:

(1) Three council members shall represent recreational finfishing interests, such as the bait and tackle industry, fishing from shore, fishing from a privately owned vessel, or the charter or head boat industry. None of the members representing the recreational finfishing interests shall be a licensed commercial food fisher.

(2) Three council members shall represent commercial finfishing interests, such as the wholesale of seafood, fishing with fixed fishing equipment, and fishing with drifting or hauling fishing equipment.

(3) The Council Chair shall be knowledgeable about finfishing, but impartial to recreational and commercial fishing interests.

(d) No council member shall be employed by the Department.

(e) Appointments to Council shall be for terms of up to 4 years to ensure that no more than 2 members’ terms shall expire in any year.

(f) A majority of members appointed to Council shall constitute a quorum to conduct official business.

(g) The Council shall meet and conduct official business after the Chair gives notice to all members of any meeting to be held by the Council, and the Council shall meet no less than once during each quarter of the State’s fiscal year.

(h) Members of the Council shall serve without compensation. Each member shall be entitled to reimbursement by the Department from the Finfisheries Development Fund for actual and necessary expenses incurred traveling to and from meetings of the Council.

(i) The Council shall submit a report to the Delaware General Assembly prior to January 1 of each calendar year and said report shall consist of the following:

(1) Council’s recommended revisions, additions, or deletions to this chapter, if any.

(2) A summary of Council’s activities of the previous year.

(j) A council member may be removed at any time for gross inefficiency, neglect of duty, malfeasance, misfeasance, or nonfeasance in office.

(1) A member who is absent from 3 consecutive Council meetings without good cause or who attends less than 50% of Council meetings in a calendar year shall be deemed in neglect of duty.

(2) Any member who is deemed in neglect of duty shall be considered to have resigned.
7 Del. C. § 738 — Delaware Code / Title 7 / Chapter 7 / Subchapter II / Section 738
§ Â
        738. Erection and removal of booby, brush or stake blinds.
Status: in_force

No booby, brush or stake blinds shall be erected sooner than 30 days prior to the open season for the hunting of wild water fowl and all such blinds shall be removed within 30 days after the close of said season.

Whoever violates this section shall be guilty of a class D environmental violation for each offense.
7 Del. C. § 6423 — Delaware Code / Title 7 / Chapter 64 / Subchapter I / Section 6423
§ Â
        6423. Construction of chapter.
Status: in_force

This chapter and the regulations promulgated thereunder shall be construed liberally to effectuate the legislative intent and as complete authority for the performance of each and every act and thing herein authorized.
7 Del. C. § 755 — Delaware Code / Title 7 / Chapter 7 / Subchapter III / Section 755
§ Â
        755. Taking muskrat on public road or highway; penalties.
Status: in_force

(a) No person shall take, capture or kill, in any manner, at any time, within this State, any muskrat on any public road or highway.

(b) Whoever violates this section shall be guilty of a class D environmental violation for each offense.
7 Del. C. § 4356 — Delaware Code / Title 7 / Chapter 43 / Subchapter IV / Section 4356
§ Â
        4356. Liability of tax lagoon officers.
Status: in_force

No lagoon manager or other officer of a tax lagoon shall be held personally liable for the obligations of the tax lagoon. The tax lagoon shall indemnify the lagoon managers or other officers in accordance with § 4003 of Title 10 for all tort claims.
7 Del. C. § 1124 — Delaware Code / Title 7 / Chapter 11 / Subchapter II / Section 1124
§ Â
        1124. Issuance of special trout fishing stamp.
Status: in_force

The Department shall annually issue a distinctive stamp for fresh water trout fishers, which shall be known as the Delaware trout fishing stamp.
7 Del. C. § 4126 — Delaware Code / Title 7 / Chapter 41 / Subchapter III / Section 4126
§ Â
        4126. Determinations to be made by board of ditch commissioners.
Status: in_force

(a) Upon the filing of a petition for the formation of a tax ditch in the office of the prothonotary of a county, the board of ditch commissioners of such county, acting as officers of the Court, shall, at the direction of the resident judge thereof, go upon the lands that may be included in the tax ditch and determine the approximate sizes, grades and locations of the required drainage ditches; the approximate sizes, locations and specifications for required dikes, levees, structures and other necessary works of improvement; the location of public roads and railroads, and public utility installations within the proposed tax ditch; the exterior boundaries of the tax ditch; the approximate boundaries of each farm, parcel or piece of land within the tax ditch; the location and extent of needed permanent rights-of-way; the estimated total cost of all required tax ditch works of improvement; the damages to lands, if any, which will result from the construction of the tax ditch; and an equitable basis, considering relative benefits to each landowner, for the distribution of costs. The board of ditch commissioners shall obtain from the county soil conservation district such assistance and information as is needed in making the required determinations.

(b) When all of the landowners involved, with the approval of the board of ditch commissioners and with the cooperation of the county soil conservation district and the Division of Watershed Stewardship:

(1) Jointly make the determinations regularly assigned to the board of ditch commissioners in subsection (a) of this section and in § 4127 of this title, and

(2) Prepare the assessment list required by § 4129 of this title, and

(3) Supply any additional data necessary to complete the report of the board of ditch commissioners required by § 4130 of this title, and

(4) Personally sign a statement to the effect that they approve the formation of the tax ditch,

the board of ditch commissioners shall prepare their report from said determinations and such data without going upon the lands involved.
7 Del. C. § 1504 — Delaware Code / Title 7 / Chapter 15 / Section 1504
§ Â
        1504. Powers of Commission supplementary to powers vested by laws of other compacting states.
Status: in_force

Any powers granted to the Commission shall be regarded as in aid of and supplemental to and in no case a limitation upon any of the powers vested in said Commission by other laws of the State of Delaware or by the laws of the States of Maine, New Hampshire, Massachusetts, Connecticut, Rhode Island, New York, New Jersey, Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia and Florida or by the Congress or the terms of the Compact.
7 Del. C. § 2305 — Delaware Code / Title 7 / Chapter 23 / Section 2305
§ Â
        2305. Seasons; limits.
Status: in_force

(a) No person shall catch and take or attempt to catch and take crabs in any of the waters under the jurisdiction of this State with any commercial crab pot or trotline between December 1 of each year and the last day of February immediately following.

(b) The Department may restrict the number of crab pots which may be set by any 1 licensee when, in its discretion, the Department determines from biological evidence that emergency restrictions are necessary to protect crabs or other shellfish resources of the State; they may do so with such advance notice as it deems necessary.

(c) No person shall catch and take or attempt to catch and take crabs by dredge in any of the waters under the jurisdiction of this State between March 31 of each year and December 15 thence next ensuing of any year.

(d) Commercial trotlines are limited to a maximum of 3 anchored long lines totaling no more than 3,600 feet.

(e) It shall be unlawful for any person who places, uses, or sets a crab trotline to harvest crabs from the trotline by any means other than hand dip netting.
7 Del. C. § 6402 — Delaware Code / Title 7 / Chapter 64 / Subchapter I / Section 6402
§ Â
        6402. Definitions.
Status: in_force

The following terms shall have the meanings ascribed to them in this chapter:

(1) “Authority” means the Delaware Solid Waste Authority.

(2) “Costs” means the cost or fair market value or value, as determined by the Authority, of construction, real property, property rights, utility extensions, disposal facilities, access roads, easements, franchises, financing charges, interest, labor, materials, machinery and equipment, engineering and legal services, plans, specifications, surveys, cost estimates, studies, transportation and other expenses necessary or incidental to the design, development, construction, financing, management and operation and maintenance of a waste management project, and such other costs or expenses of the Authority as may be necessary or incidental to the purposes of the Authority, including administrative and operating costs, research and development and operating capital, including fees, charges, loans, insurance and the expense of purchasing real and personal property, including waste management projects.

(3) “Department” means the Department of Natural Resources and Environmental Control.

(4) “Facility” means any solid waste disposal site, system or process and the operation thereof, including but not limited to personnel, equipment and buildings.

(5) “Groundwater” means any water naturally found under the surface of the earth.

(6) “Industrial solid waste” means solid waste produced by or resulting from industrial applications, processes or operations.

(7) “Infectious waste” means those wastes which may cause human disease and may reasonably be suspected of harboring human pathogenic organisms, or may pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of or otherwise managed. Types of wastes designated as infectious include, but are not necessarily limited to, the following:

a. Biological wastes which shall include, but not be limited to:

1. Animal tissue, bedding and other waste from animals known or suspected to be infected with a pathogen which also causes human disease, provided that prevailing evidence indicates that such tissue, bedding or other waste may act as a vehicle of transmission to humans.

2. “Biological liquid wastes” which shall mean blood and blood products, excretions, exudates, secretions, suctionings and other body fluids including liquid wastes from renal dialysis.

3. “Cultures and stocks of etiologic agents and associated biological wastes” which shall mean, but is not limited to, specimen cultures, cultures and stocks of etiologic agents and wastes from production of biologicals and serums.

4. Human dialysis waste materials including blood lines and dialysate membranes.

5. “Laboratory wastes” which shall mean those wastes which have come in contact with pathogenic organisms and blood or body fluids. Such wastes include, but are not limited to, disposable materials, culture dishes, devices used to transfer, inoculate and mix cultures, paper and cloth which have come in contact with specimens or cultures which have not been sterilized or rendered noninfectious; or laboratory wastes, including cultures of etiologic agents, which pose a substantial threat to health due to their volume and virulence.

6. “Pathological wastes” which shall mean all human tissues and anatomical remains, including human fetal remains, which emanate from surgery, obstetrical procedures, autopsy and laboratory procedures.

b. “Discarded biologicals” which shall mean serums and vaccines produced by pharmaceutical companies for human or veterinary use. These products may be discarded because of a bad manufacturing lot (i.e., off-specification material that does not pass quality control or that is recalled), out-dating or removal of the product from the market or other reasons. Because of the possible presence of etiologic agents in these products, the discarded material constitutes infectious waste.

c. “Other infectious wastes” which shall mean any residue or contaminated soil, water or other debris resulting from the cleanup of a spill of any infectious waste.

d. “Sharps” which shall mean any discarded article that may cause puncture or cuts. Such wastes include but are not limited to, needles, intravenous infravenous tubing with needles attached, scalpel blades, glassware and syringes that have been removed from their original sterile containers.

(8) “Infectious waste generator” means hospitals, inpatient or outpatient clinics, laboratories, medical offices, dental offices, nursing homes and inpatient residential facilities serving persons with diseases which may be transmitted through contact with infectious wastes as well as veterinarian facilities and research laboratories operating within the State.

(9) “Municipality” or “municipalities” means a county, city, town or other public body of the State.

(10) “Person” means any individual, partnership, corporation, association, institution, cooperative enterprise, municipality, commission, political subdivision or other duly established legal entity.

(11) “Resources recovery” means the recovery of energy and materials from solid wastes in a saleable form which will allow their reuse in specific market applications.

(12) “Resources recovery systems” means systems specifically designed for recycling solid wastes into energy and materials.

(13) “Revenues” means all revenues to the Authority including but not limited to those generated through user charges and the sale of recycling products through resources recovery systems and facilities.

(14) “Solid waste” means any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant or air pollution control facility and other discarded material, including solid, liquid, semisolid or contained gaseous material resulting from industrial, commercial, mining and agricultural operations, and from community activities, but does not include solid or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permits under § 402 of the Federal Water Pollution Control Act, as amended (86 Stat. 880) [33 U.S.C. § 1342], or source, special nuclear or by-product material as defined by the Atomic Energy Act of 1954, as amended (68 Stat. 923) [42 U.S.C. § 2014].

(15) “Solid waste management services” means services including but not limited to the collection, transportation, storage, transfer, processing, recycling or disposal of solid wastes.

(16) “Surface water” means water occurring generally on the surface of the earth.

(17) “Users” means any person who delivers and/or deposits solid waste at a facility for subsequent processing, disposal or recycling.

(18) “Volume reduction” means a system or process for physically or chemically reducing the volume of solid wastes.
7 Del. C. § 4404 — Delaware Code / Title 7 / Chapter 44 / Section 4404
§ Â
        4404. Review of standards.
Status: in_force

(a) Within 6 months of the adoption of minimum standards, the 3 county governments and all municipal governments as appropriate shall review and prepare comments regarding their individual codes and ordinances to determine if they are consistent with the minimum standards. Such review and comments shall identify areas where existing requirements meet or exceed these recommendations and standards, do not comply with the standards or are functionally equivalent.

(b) The review and comments from local governments will also identify areas where implementation of these standards would represent a hardship to the local government, and what impediments to adoption of these standards have been identified. The Committee shall develop the framework for conducting such a review and Department of Natural Resources and Environmental Control (DNREC) shall provide technical assistance to local governments in conducting such analysis when requested.

(c) DNREC shall compile the results of the review, develop a draft report, reconvene the Committee to review the draft report and solicit feedback and deliver the final report to the General Assembly no later than March 15, 2013.
7 Del. C. § 9108 — Delaware Code / Title 7 / Chapter 91 / Subchapter I / Section 9108
§ Â
        9108. Certification of completion of remedy.
Status: in_force

(a) Upon completion of a remedy at a facility, or an operable unit thereof, the Department may issue, or the owners, parties to the settlement agreement or parties responding to an order, may apply for a certification of completion of remedy from the Secretary pursuant to regulations promulgated under § 9104 of this title. For the purposes of this section, the Secretary may consider a remedy complete when the remedial action is operational and functional; provided, however, that the Secretary may place conditions or limitations in the certification of completion of remedy which identify those portions of the final plan of remedial action, including but not limited to operation and maintenance, and compliance monitoring, which must continue to be performed, and which provide for the performance of additional remedies in the event that the remedial goals contained in the final plan of remedial action are not achieved as required by the plan and the regulations promulgated under § 9104 of this title.

(b) The Secretary shall grant or deny an application for a certification of completion of remedy within 180 days of the application with stated reasons.
7 Del. C. § 7401B — Delaware Code / Title 7 / Chapter 74B / Section 7401B
§ Â
        7401B. Establishment and purpose of the Boiler Safety Program.
Status: in_force

(a) The Boiler Safety Program is established and shall have the powers, duties and functions set forth in this chapter. The Program shall be responsible for the administrative, ministerial, budgetary, clerical and investigative functions as provided by law.

(b) The primary objective of the Boiler Safety Program is to protect the general public, especially those persons who are owners or users of objects certified by the Program, from unsafe construction, operation, maintenance and repair of boilers, pressure vessels and nuclear installations. The secondary objectives of the Program are to maintain minimum standards of inspector competency and to maintain certain standards in the delivery of services to the public. In meeting these objectives, the Program shall develop standards assuring professional competence, shall monitor complaints brought against inspectors, and shall develop rules and regulations.

(c) The mandates of this chapter shall not apply to the following:

(1) Any boiler or pressure vessel which is subject to federal inspection and control;

(2) Any pressure vessel used for the transport or storage of compressed gasses and liquids under the control or regulation of the United States Department of Transportation;

(3) Any air tank on any vehicle used for carrying passengers or freight and operated under the authority of any other state agency;

(4) Any air tank installed on the right-of-way of railroads;

(5) Any unfired pressure vessel not exceeding:

a. Five cubic feet in volume and 250 psig design pressure;

b. Three cubic in volume and 350 psig design pressure,

c. One and 1/2 cubic feet in volume and 600 psig design pressure;

d. Vessels having an inside diameter, width, height, or cross section diagonal not exceeding 6 inches with no limitation on length of vessel or pressure.

(6) Any unfired pressure vessel having an internal and/or external operating pressure not exceeding 15 psig;

(7) Any unfired pressure vessel containing water at ambient temperature with a nominal water containing capacity of 120 gallons or less, including those with air or gas cushion, the compression of which serves only as a cushion;

(8) Any water filter or softener containing water at ambient temperature when the pressure does not exceed 300 psig;

(9) Any pressure vessel under the control of the State Fire Marshal;

(10) High pressure breathing air cylinders used by emergency response organizations are exempt from inspection and certification provided they are installed, serviced, and maintained in accordance with the manufacturer’s recommendations and the National Fire Prevention Association Standards, and the owner or user of this equipment shall be responsible for maintaining, testing, and servicing this equipment and shall keep all records associated with these activities as required by National Fire Protection Association Standards. The failure of any person to so install, service, test and maintain these air cylinders and to keep such records shall constitute a violation of this chapter.

(11) Any water heater, directly fired with oil, gas or electricity, which shall be equipped with American Society of Mechanical Engineers (ASME) stamped safety relief valves and which cannot exceed any of the following limitations:

a. Heat input of 200,000 Btu/hr. or 58,600 watts;

b. Water temperature of 210 degrees Fahrenheit; or

c. Nominal water capacity of 120 gallons.

(12) Any coil type hot water boiler without any steam space where water flashes into steam released through a manually operated nozzle unless 1 of the following limitations is exceeded:

a. A 3/4-inch diameter tubing or pipe size, with no drum or headers attached;

b. Nominal water containing capacity does not exceed 6 gallons;

c. Water temperature does not exceed 350 degrees Fahrenheit; or

d. Steam is not generated within the coil; and

(13) Any other exemptions promulgated in regulations supporting this chapter.
7 Del. C. § 6452 — Delaware Code / Title 7 / Chapter 64 / Subchapter II / Section 6452
§ Â
        6452. Statewide recycling and waste reduction plan.
Status: in_force

The Authority shall, pursuant to the provisions of § 6403(j) of this title, incorporate into the statewide solid waste management plan, to the extent deemed necessary, provisions for:

(1) The long term planning of a coordinated program of source separation of recyclable materials and utilization of large scale resources recovery projects;

(2) The establishment of recycling centers to receive and handle source separated recyclable materials;

(3) The development of a marketing program for the state, national or international sale of recovered materials;

(4) The development of an informational program and establishment of specifications and requirements for delivery of source separated recyclable materials to recycling centers to assure marketability of recovered materials;

(5) The development of a program for cooperation with the private sector to further the purposes and objectives of source separated recycling and waste reduction;

(6) The development of a program of coordination and cooperation with public interest groups and municipalities to further statewide recycling and waste reduction;

(7) The development of a program of public education and promotion for statewide recycling and waste reduction;

(8) The development of a program to source separate materials from the solid waste stream which are harmful to the environment including but not limited to used oil and filters, batteries, household hazardous wastes, electronic wastes, etc., as long as economically sustainable in the judgment of the Authority for purposes of separate authorized disposal;

(9) The development of a system of registration and information gathering regarding the nature and extent of recycling and waste reduction undertaken throughout the State;

(10) The development of incentive programs to encourage local and statewide recycling and waste reduction;

(11) The implementation of a source-separated recycling system that balances the need for drop-off recycling centers with public and private sector implementation and expansion of curbside recycling programs except where a municipal government implements curbside recycling within its jurisdiction, the Authority may, after consultation with the local municipality, remove the drop off sites located within the same jurisdiction with the goal of maintaining at least one existing drop-off recycling center in each municipality until January 1, 2014; and

(12) Providing at no cost to those persons required to provide curbside recycling services pursuant to § 6053 of this title the Authority’s unneeded wheeled recycling carts on the basis determined by the Authority for the purpose of minimizing the costs associated with the implementation of universal recycling when the Authority ceases providing curbside recycling services in accordance with § 6053(1) of this title.
7 Del. C. § 943 — Delaware Code / Title 7 / Chapter 9 / Section 943
§ Â
        943. Tagging striped bass.
Status: in_force

The affixing of a tag on a striped bass by a commercial fisherman shall be required before landing or putting on shore.
7 Del. C. § 1102 — Delaware Code / Title 7 / Chapter 11 / Subchapter I / Section 1102
§ Â
        1102. Definitions.
Status: in_force

(a) Unless otherwise provided in this chapter, and in addition to the words defined in this section, the words and definitions contained in § 906 of this title are hereby incorporated into this section and chapter.

(b) “Freshwater finfish” or “freshwater fish” as used in this chapter shall mean any species of finfish that may be found in fresh or nontidal waters of this State.

(c) “Nontidal waters” or “freshwater” as used in this chapter or any regulation promulgated by the Department or permit issued by the Division or Director shall mean those waters in the State where the lunar tide does not regularly ebb and flow.
7 Del. C. § 6051 — Delaware Code / Title 7 / Chapter 60 / Subchapter III / Section 6051
§ Â
        6051. Findings; intent.
Status: in_force

In furtherance of the determination long established in § 6450 of this title that “the reduction of solid waste disposal and recovery of usable materials from solid waste are matters of extreme importance in minimizing the environmental impact of solid waste disposal through landfilling” and that it “is in the public interest to develop a comprehensive statewide system of recycling and resource recovery which maximizes the quantity of solid waste materials which can be recovered, reused or converted to beneficial use” the General Assembly hereby makes the following findings and declares the following intent with respect to the establishment of this subchapter. In order to establish a comprehensive statewide system of recycling, wherein recycling is maximized and the necessary economies of scale are realized, every residence and business must have access to recycling programs that are both convenient and cost effective. It is the intent of the General Assembly, in full recognition that the establishment of a comprehensive statewide recycling program has long been sought, that said program shall be accomplished by modification of the existing beverage container law and the establishment of universal recycling inclusive of the prescribed recycling programs, requirements and goals that follow. As such, liberal interpretation in favor of accomplishing the stated goals and objectives shall be exercised.
7 Del. C. § 4187 — Delaware Code / Title 7 / Chapter 41 / Subchapter VI / Section 4187
§ Â
        4187. Right of entry upon lands.
Status: in_force

The Division of Watershed Stewardship, engineering personnel hired under § 4142 of this title, the soil conservation district supervisors, the Department of Natural Resources and Environmental Control, the ditch commissioners, the ditch managers, or any of their employees or agents, may enter upon any lands within the tax ditch at all reasonable times in order to carry out the purpose of this chapter.
7 Del. C. § 9124 — Delaware Code / Title 7 / Chapter 91 / Subchapter II / Section 9124
§ Â
        9124. Secretaryâs powers and duties.
Status: in_force

The Secretary may exercise the following powers in addition to any other powers granted by law:

(1) The Secretary may plan, study or conduct, or permit a brownfields developer or other persons to plan, study or conduct, appropriate actions at a certified brownfield to perform a remedy of a release, imminent threat of release, or where there may be a reasonably held perception of a release or imminent threat of a release.

(2) The Secretary shall, after notice and public hearing, promulgate and revise regulations as deemed necessary for the implementation and administration of this subchapter.
7 Del. C. § 4190 — Delaware Code / Title 7 / Chapter 41 / Subchapter VI / Section 4190
§ Â
        4190. Bridges and culverts.
Status: in_force

If any public road crossed by any part of a tax ditch will be benefited so that the public should construct and maintain a bridge or culvert at such crossing, the board of ditch commissioners shall so state in their report and upon establishment of the tax ditch such bridges or culverts shall be constructed and maintained at the public charge from funds provided for that purpose.
7 Del. C. § 8004 — Delaware Code / Title 7 / Chapter 80 / Section 8004
§ Â
        8004. Effectuation by Governor.
Status: in_force

The Governor is authorized to take such action as may be necessary and proper in the Governor’s discretion to effectuate the Appalachian States Low-Level Radioactive Waste Compact and the initial organization and continued operation of the Commission.
7 Del. C. § 2001 — Delaware Code / Title 7 / Chapter 20 / Section 2001
§ Â
        2001. Definitions.
Status: in_force

The following definitions shall apply to Chapters 19 through 28 inclusive of this title:

(1) “Bivalve shellfish” means any species of shellfish having 2 shells connected by a hinge.

(2) “Certified dealer” shall mean anyone who is certified by the Department as being qualified to sell shellfish products.

(3) “Delaware corporation” shall mean a corporation or other legal entity whose ownership or Board of Directors is comprised of 50% or more Delaware residents. If fewer than 50% of the ownership or Board of Directors of a corporation is comprised of Delaware residents, then the corporation shall be considered a nonresident corporation.

(4) “Delaware partnership” shall mean a partnership comprised of at least 50% Delaware residents. If fewer than 50% of a partnership is comprised of Delaware residents, then the partnership shall be considered a nonresident partnership.

(5) “Delaware’s Inland Bays” shall mean Rehoboth Bay, Indian River and Indian River Bay, Little Assawoman Bay, and Big Assawoman Bay and their respective tidal tributaries.

(6) “Department” means Department of Natural Resources and Environmental Control.

(7) “Handle shellfish” shall mean to take ownership either temporarily or permanently of a shellfish aquaculture product.

(8) “Off-bottom rearing cages and enclosures” mean any cage or artificial enclosure that retains for rearing purposes any stage of the life cycle of bivalve shellfish where such cage or enclosure is staked on or suspended above the bottom of the bay or tributary to the bay.

(9) “Secretary” means the Secretary of the Department of Natural Resources and Environmental Control or a duly authorized designee provided any such delegation of authority is consistent with Chapter 80 of Title 29.

(10) “Seed-on-cultch” shall mean bivalve shellfish seed attached to shell material.

(11) “Seed stock” shall mean immature or sub-legal stages of shellfish available for culturing or planting purposes.

(12) “Shellfish aquaculture” means the culture or rearing of any life stage of bivalve shellfish for commercial purposes within a leased area. Within the leased area, said shellfish may be reared in an artificial enclosure, or on any other type of structure or substrate, either on land or water.

(13) “Shellfish grounds” for the purposes of this chapter means the submerged lands of Delaware’s Inland Bays and their tributaries capable of sustaining shellfish under the jurisdiction of the State.
7 Del. C. § 6424 — Delaware Code / Title 7 / Chapter 64 / Subchapter I / Section 6424
§ Â
        6424. Cooperation with United States.
Status: in_force

The Authority shall adopt all necessary regulations, rules, procedures and plans to comply with the objectives of the Resource Conservation and Recovery Act of 1976 [42 U.S.C. § 6901 et seq.] and the Solid Waste Disposal Act of the United States P.L. 89-272 and may make application to the United States for financial assistance to develop and implement the purposes of this chapter.
7 Del. C. § 721 — Delaware Code / Title 7 / Chapter 7 / Subchapter I / Section 721
§ Â
        721. Killer, body-gripping traps.
Status: in_force

Anyone who sets, tends or attempts to set or tend a killer, body-gripping trap with a jaw spread in excess of 5 inches shall be guilty of a class B environmental misdemeanor for each offense.
7 Del. C. § 4731 — Delaware Code / Title 7 / Chapter 47 / Subchapter II / Section 4731
§ Â
        4731. Declaration of purpose.
Status: in_force

The General Assembly declares the following to be the policy and purpose of this subchapter:

(1) The Fort DuPont Complex, located along the Delaware River adjacent to Delaware City, is currently underutilized but has enormous potential as a sustainable, mixed-use community;

(2) To preserve and protect the historical and recreational amenities within the Fort DuPont Complex and to expand economic opportunities therein, additional capital will be required to improve infrastructure, renovate certain historic structures, and make additional improvements to said Complex;

(3) Redevelopment and renovation of the Fort DuPont Complex is both desirable and necessary, provided that:

a. The Fort DuPont Complex will remain a public destination, with its historic, natural, and recreational resources maintained for public enjoyment;

b. Fort DuPont’s National Register status (where applicable) will be maintained, and historic building and landscape resources will be rehabilitated and reused to the extent possible;

c. Redevelopment and infill will be concentrated within several defined areas, and will be complementary to existing historic buildings and landscapes;

d. Fort DuPont and Delaware City will grow together as “one city” with strong physical and visual connections and complementary land uses;

e. Diverse land and building uses will be supported at Fort DuPont to achieve a shared vision for a “live-work-learn-play-and-visit” community; and

f. Community engagement will continue to be a key component for ongoing planning for Fort DuPont’s future.

(4) In light of the foregoing, it is in the best interest of the State to enable the creation of an entity to manage, oversee, and implement the redevelopment and preservation of the Fort DuPont Complex in accordance with the Redevelopment Plan and the provisions of this subchapter.
7 Del. C. § 5504 — Delaware Code / Title 7 / Chapter 55 / Section 5504
§ Â
        5504. Assistants and employees.
Status: in_force

The University of Delaware shall appoint such assistants and employees as are necessary to carry out the purposes of this chapter and shall determine the compensation of such persons.
7 Del. C. § 101 — Delaware Code / Title 7 / Chapter 1 / Section 101
§ Â
        101. Definitions.
Status: in_force

For the purposes of Parts I and II of this title, unless otherwise specifically defined, or another intention clearly appears, or the context requires a different meaning:

(1) “Department” means the Department of Natural Resources and Environmental Control.

(2) “Firearm” means as defined under § 222 of Title 11.

(3) “Fish and Wildlife Agent” means a law enforcement officer employed by the Department of Natural Resources and Environmental Control pursuant to this title and § 8003(13) of Title 29.

(4) “Hunt” means to chase, pursue, kill, trap or take or attempt to chase, pursue, kill, trap or take any form of wild bird or wild animal.

(5) “Projectile weapon” means as defined under § 222 of Title 11.

(6) “Protected wildlife” means all forms of game and wildlife except such as are not protected by Parts I and II of this title.

(7) “Resident” means any person not an alien who has resided a year or more within this State.

(8) “Secretary” means the Secretary of the Department of Natural Resources and Environmental Control or the Secretary’s duly authorized designee, provided any such delegation of authority is consistent with Chapter 80 of Title 29.
7 Del. C. § 931 — Delaware Code / Title 7 / Chapter 9 / Section 931
§ Â
        931. Theft and attempted theft of fishing equipment or finfish from fishing equipment.
Status: in_force

(a) No person shall take and/or remove any finfish from any fishing equipment that is owned by another person without having received written authority to take and/or remove said finfish.

(b) No person shall attempt to take and/or remove any finfish from any fishing equipment that is owned by another person without having received the express written authority to attempt to take and/or remove said finfish.

(c) No person shall remove legally placed fishing equipment of another person without the written permission of the lawful owner thereof.

(d) No person shall attempt to remove legally placed fishing equipment of another person without the written permission of the lawful owner thereof.

(e) The Division and employees thereof shall have the authority to confiscate and sell any finfish taken in violation of this section. The purpose of any sale of confiscated finfish shall be to determine the fair market value of the illegally taken finfish and prevent the wasting of the perishable resource. The moneys received from the sale of any finfish shall be paid to the owner of the fishing equipment from which the finfish were illegally removed.

(f) Theft of finfish, or attempted theft of finfish, from another person’s fishing equipment shall be a class A misdemeanor, unless the value of the finfish is $300 or more, in which case it shall be a class E felony. Whoever violates this section shall be fined and/or imprisoned in accordance with the fines and/or terms of imprisonment specified in Chapter 42 of Title 11 for a class A misdemeanor and a class E felony.
7 Del. C. § 1127 — Delaware Code / Title 7 / Chapter 11 / Subchapter II / Section 1127
§ Â
        1127. Exception for owner or lessee of land traversed by trout-stocked waters.
Status: in_force

An owner or bona fide lessee of land traversed by trout-stocked waters and members of his or her immediate family may fish such waters upon his or her land without purchasing a stamp.
7 Del. C. § 936 — Delaware Code / Title 7 / Chapter 9 / Section 936
§ Â
        936. Enforcement; penalties; seizure and forfeiture of illegally used property; injunctions; false statements.
Status: in_force

(a) The Secretary, the Department and persons authorized by the Secretary shall enforce this chapter and any regulation promulgated by the Department or any permit issued by the Division.

(b) Any person, organization, group, business, corporation, partnership or any other type of entity that violates this chapter or regulation promulgated by the Department or permit issued by the Division shall be punishable as follows:

(1) If there has been a violation of any provisions in §§ 910, 917, 918, 920, 921, 922, 923, 924, 925, and/or 928 of this title or any regulation promulgated by the Department or permit issued by the Division relating to fishing equipment or methods of fishing, each violator thereof shall be guilty of a Class D environmental violation. For any second violation of any provisions in §§ 910, 917, 918, 920, 921, 922, 923, 924, 925 and/or 928 of this title or any regulation promulgated by the Department or permit issued by the Division relating to fishing equipment or methods of fishing, each violator thereof shall be guilty of a Class C environmental violation. For any subsequent violation of any provisions in §§ 910, 917, 918, 920, 921, 922, 923, 924, 925 and/or 928 of this title or any regulation promulgated by the Department or permit issued by the Division relating to fishing equipment or methods of fishing, each violator thereof shall be guilty of a Class B environmental misdemeanor;

(2) If there has been a violation of any section of this chapter or any regulation promulgated by the Department or permit issued by the Division other than a provision of §§ 910, 913, 917, 918, 920, 921, 922, 923, 924, 925, 926, 927 and/or 928 of this title or regulation promulgated by the Department or permit issued by the Division relating to fishing equipment or method of fishing, each violator thereof shall be guilty of a Class D environmental violation. For each violation of any section of this chapter, any regulation promulgated by the Department pursuant thereto, or any permit issued by the Division which involves the illegal taking of a striped bass in the tidal waters of this State, shall be guilty of a Class C environmental violation. Each striped bass illegally taken shall constitute a separate violation;

(3) Nothing expressed in this section should be interpreted to limit or supersede the authority of the Secretary and authorized personnel to seize and seek the forfeiture of any finfish and/or other items as provided for in any other provisions of this chapter. The Superior Court shall have jurisdiction of a violation in which forfeiture involves finfish or other items exceeding $100 in fair market value. The Justice of Peace Courts shall have jurisdiction of a violation in which forfeiture involves finfish or other items with a fair market value of $100 or less; and

(4) Except as otherwise provided in this chapter, the Justice of the Peace Court shall have jurisdiction over any violation of this chapter or any regulation promulgated by the Department or any permit issued by the Division.

(c) If any violation of any provision in this chapter or regulation promulgated by the Department or permit issued by the Division is continuing or threatening to begin, the Secretary may, in addition to having the violator prosecuted in either the Superior Court or Justice of the Peace Court as provided for in this section, seek a temporary restraining order, a temporary injunction or permanent injunction in the Court of Chancery.

(d) Any person, organization, group, business, corporation, partnership or any other type of entity that knowingly makes any false statement, representation or certification in any application, record, report, plan or other document filed or required to be maintained under any provision of this chapter, any permit or any regulation promulgated or issued under this chapter shall be guilty of a class A misdemeanor. The Justice of the Peace Courts shall have jurisdiction over offenses under this subsection. No fine imposed under this subsection shall be suspended.

(e) Any commercial food fishing license holder who does not file a monthly report on his or her catch by effort, species and weight on forms provided by the Department, as required in § 914(6) of this title, by 4:30 p.m. of the last working day of the month following the month for which the report is due, may have his or her commercial food fishing license revoked by the Director until such time when all reporting requirements are fulfilled in a manner acceptable to the Director.
7 Del. C. § 1903 — Delaware Code / Title 7 / Chapter 19 / Section 1903
§ Â
        1903. Filing of regulations.
Status: in_force

A copy of the regulations adopted pursuant to this chapter and any amendments thereto shall be filed in the office of the Secretary of State. The regulations of the Department shall be published by the Department in convenient form and distributed to or made available to all persons shellfishing in Delaware who request this information.
7 Del. C. § 6101 — Delaware Code / Title 7 / Chapter 61 / Section 6101
§ Â
        6101. Definitions.
Status: in_force

This chapter shall apply to all lands located within the boundaries of this State, except that sections relating to fees, royalties or rights to lease shall be applicable only to lands owned by this State. Unless the context requires otherwise:

(1) “Filled lands” includes tide and submerged lands reclaimed artificially through raising such lands above the highest probable elevation of the tides to form dry land, by placement of a fill or deposit of earth, rock, sand or other solid imperishable material.

(2) “Gas” means all natural gas and all other fluid hydrocarbons not defined as oil in subdivision (5) of this section, including condensate originally in the gaseous phase in the reservoir.

(3) “Lease” means a mineral lease issued pursuant to this chapter.

(4) “Mineral” means any natural inorganic substance with definite chemical and physical properties which is present in, or at the bottom of a body of water, or anywhere within the earth’s crust.

(5) “Oil” means crude petroleum oil and all other hydrocarbons, regardless of gravity, which are produced in liquid form by ordinary production methods, but does not include liquid hydrocarbons that were originally in a gaseous phase in the reservoir.

(6) “Person” in addition to the meanings set forth in § 302 of Title 1, includes quasi-public corporations, political subdivisions and governmental agencies and instrumentalities.

(7) “Secretary” means the Secretary of the Department of Natural Resources and Environmental Control, or, if so designated pursuant to § 6140 of this title, the State Geologist.

(8) “Structure” means any construction works, including but not limited to derricks, pipelines, lines for the transmission and distribution of electricity, telephone lines, wharves, piers, slips, warehouses and units designed to act as groins, jetties, seawalls, breakwaters or bulkheads.

(9) “Submerged lands” means lands lying below the line of mean low tide in the beds of all tidal waters within the boundaries of this State established before or after July 1, 1966.

(10) “Tidelands” means lands lying between the line of mean high water and the line of mean low water.
7 Del. C. § 4381 — Delaware Code / Title 7 / Chapter 43 / Subchapter VI / Section 4381
§ Â
        4381. Payment of damages and compensation.
Status: in_force

The damages and compensation awarded by the terms of the tax lagoon order shall be paid to the person entitled thereto out of the first funds available to the tax lagoon under this chapter, and no construction shall commence until said damages and compensation have been paid.
7 Del. C. § 4013 — Delaware Code / Title 7 / Chapter 40 / Section 4013
§ Â
        4013. Approval of certified construction reviewers.
Status: in_force

(a) Based on criteria established by the Department through regulation and any additional criteria established by the agency implementing the plan review and construction elements of the sediment and stormwater program, the person engaged in a land disturbing activity may be required to provide for construction review by a certified construction reviewer.

(b) Individuals functioning as certified construction reviewers must attend and pass a departmental sponsored or approved construction review training course. The Department will establish, through regulation, the length of time for which the certification will last and procedure for renewal. The construction reviewers shall also function under the direction of a registered professional engineer licensed to practice engineering in the State.

(c) The responsibility of the certified construction reviewer will be to ensure the adequacy of construction pursuant to the approved sediment and stormwater management plan.

(d) The certified construction reviewer shall be responsible for the following items:

(1) Provision of a construction review of active construction sites on at least a weekly basis, as determined on a case-by-case basis by the plan review and construction review agencies, or as required by regulations promulgated pursuant to this chapter;

(2) Within 5 calendar days, informing the person engaged in the land disturbing activity, and the contractor, by a written construction review report of any violations of the approved plan or inadequacies of the plan. The plan approval agency shall be informed, if the approved plan is inadequate, within 5 working days. In addition, the appropriate construction review agency shall receive copies of all construction review reports; and

(3) Referral of the project to the Department for appropriate enforcement action if the person engaged in the land disturbing activity fails to address the items contained in the written construction review report. Verbal notice shall be made to the Department within 2 working days and written notice shall be provided to the Department within 5 working days.

(e) If the Secretary or the Secretary’s designee determines that a certified construction reviewer is not providing adequate site control or is not referring problem situations to the Department, the Secretary or the Secretary’s designee may suspend or revoke the certification of the construction reviewer.

(f) In any situation where a certified construction reviewer’s approval is being suspended or revoked, an opportunity for hearing before the Secretary or the Secretary’s designee shall be provided. During any suspension or revocation, the certified construction reviewer shall not be allowed to provide construction reviews pursuant to this chapter.

(g) The failure to assign a departmental approved certified construction reviewer to a land disturbing activity, when required by the approved plan, will place that project in violation of this chapter and result in appropriate administrative and/or enforcement action.
7 Del. C. § 2703 — Delaware Code / Title 7 / Chapter 27 / Section 2703
§ Â
        2703. Dredging.
Status: in_force

Unless otherwise authorized by the Department, it shall be unlawful for any person to use dredges to take horseshoe crabs in this State unless said person has a valid horseshoe crab dredge permit issued annually by the Department. The fee for a resident horseshoe crab dredge permit shall be $100. The fee for a nonresident horseshoe crab dredge permit shall be $1,000. The Department shall not issue a horseshoe crab dredge permit to any person unless said person is the current owner and operator of an oyster vessel licensed to transplant oysters from natural oyster beds as provided under the provisions of Chapter 19 of this title and shellfish regulations adopted by the Department. The permit shall designate the vessel to be used to dredge for horseshoe crabs. The Department shall not issue more than 5 horseshoe crab dredge permits during any 1 calendar year.
7 Del. C. § 7918 — Delaware Code / Title 7 / Chapter 79 / Subchapter II / Section 7918
§ Â
        7918. Uniformity of application and construction.
Status: in_force

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
7 Del. C. § 520 — Delaware Code / Title 7 / Chapter 5 / Subchapter I / Section 520
§ Â
        520. Free sport fishing days.
Status: in_force

The Secretary of the Department of Natural Resources and Environmental Control may designate up to 2 days within National Fishing Week, which may or may not be consecutive, during each calendar year as “free sport fishing days.” On the designated “free sport fishing days,” residents and nonresidents are exempt from the fishing requirements of §§ 501, 505 and 506 of this title, but are subject to all other statutory and regulatory provisions that pertain to fishing.
7 Del. C. § 10004 — Delaware Code / Title 7 / Chapter 100 / Section 10004
§ Â
        10004. Climate Action Plan.
Status: in_force

(a) Climate Action Plan as the ongoing framework to meet targets. —

The Climate Action Plan shall serve as the framework to guide all state agencies in working towards achievement of Delaware’s 2030 target and 2050 target, and, along with the Climate Action Plan Implementation Report required by § 10006(d) of this title, shall serve to provide recommendations for any legislation, regulation, or policy changes required to continue to make progress towards the greenhouse gas emissions reduction targets. The Department, working with the Office of the Governor, shall be responsible for updating the Climate Action Plan. The Climate Action Plan shall be updated not later than November 15, 2025, and every 5 years thereafter.

(b) Climate change officers to assist in updating and implementation. —

Each key cabinet-level department shall identify 1 individual from within such department to serve as a climate change officer to support achievement of Delaware’s 2030 target and 2050 target through implementation of the State’s Climate Action Plan. The Department shall appoint 1 climate change officer and also the Chief Climate Change Officer. The climate change officers from all key cabinet-level departments shall meet as a group at least biannually to assess progress towards meeting the greenhouse gas emissions reduction targets and assess the status of implementation of legislation, regulations or policies identified in the most recent Climate Action Plan. This meeting shall be chaired by the Chief Climate Change Officer. Each climate change officer shall:

(1) Provide any information needed to evaluate the ongoing implementation of the Climate Action Plan.

(2) Provide any information needed to develop all updates to the Climate Action Plan.

(3) Work with the Department on the development and drafting of the aspects of the Climate Action Plan that address risks or opportunities relevant to the climate change officer’s department.

(4) Work with the secretary of their key cabinet-level department to coordinate all input from their Department upon the Climate Action Plan as it is developed.

(5) Provide any data or analysis requested by the technical climate advisors.

(6) Obtain and hold any professional certification or professional training relevant to climate change identified by the Office of the Governor.

(c) Assistance from all state agencies. —

All other state agencies shall provide any necessary assistance to the Department in the compilation of data or other information that the department, or any climate change officer, determines is necessary to update the Climate Action Plan.

(d) Contents of the Climate Action Plan. —

Each update of the Climate Action Plan shall include:

(1) An assessment of existing federal, state, and local greenhouse gas emissions reduction strategies, including reference to emissions modeling and emissions inventories.

(2) An assessment of whether existing federal, state, and local greenhouse gas emissions reduction strategies are sufficient to meet the State’s greenhouse gas emissions reduction targets.

(3) Additional greenhouse gas emissions reduction strategies to be considered for implementation, if existing federal, state, and local greenhouse gas emissions reduction strategies are not sufficient to meet the State’s greenhouse gas emissions reduction targets.

(4) The Department’s recommendations for legislative, regulatory, and policy changes necessary for the State to meet its greenhouse gas emissions reduction targets, on topics including renewable energy, energy efficiency, transportation, industrial pollutants, offsets, and land use.

(5) A discussion of changes in the State’s current and future vulnerability to climate change risks from the prior update of the Climate Action Plan, including but not limited to impacts to human health, infrastructure, agriculture, water resources, and natural resources. Such discussion shall reference the most recent climate change planning scenarios issued by the technical climate advisors.

(6) An assessment of whether existing federal, state, and local resilience strategies are sufficient to address the State’s current and future vulnerability to climate change risks.

(7) Proposed additional resilience strategies, if existing federal, state, and local resilience strategies are not sufficient to address either the State’s current or future vulnerability to climate change risks.

(8) Proposed guidance to ensure equity in implementation of the Climate Action Plan.

(e) Principles for development of reduction strategies. —

Each Climate Action Plan shall, to the extent practicable, reflect climate reduction strategies that:

(1) Are equitable, seek to minimize costs and maximize the total benefits to the State, and encourage early action to reduce greenhouse gas emissions and increase resiliency.

(2) Do not disproportionately impact over-burdened and under-served communities.

(3) Complement efforts to achieve and maintain federal and state ambient air quality standards and complements efforts to reduce emissions of air toxics.

(4) Consider overall societal benefits, including reductions in other air pollutants, diversification of energy sources, and other benefits to the economy, environment, and public health.

(5) Seek to minimize the administrative burden of implementation upon the agency and the burden of compliance upon the regulated community.

(6) Maintain an adequate and reliable energy supply for Delaware, including preparing for fluctuations in energy demand due to climate change.

(f) Process of Plan development. —

In preparing each update to the Climate Action Plan, the Department shall:

(1) Consider the current scientific understanding of climate change, current data on statewide greenhouse gas emissions, and the sea-level-rise scenarios, heat scenarios, and precipitation scenarios developed by the technical climate advisors.

(2) Consider provisions to ensure equitable implementation of greenhouse gas reduction measures and adaptation and resiliency measures.

(3) Allow for opportunities for public input and engagement in the development of the Climate Action Plan, including strategies that seek input from over-burden and under-resourced communities. The input and engagement process should be consistent with the Climate Action Plan public participation process as publicly posted by the Department, including public workshops, public comment, and technical stakeholder engagement. The Department shall, at least annually, hold a public meeting to provide an update on progress on implementation of the Climate Action Plan and to receive public input. All public meetings must be held in compliance with § 10004 of Title 29.

(g) Presentation of the Climate Action Plan. —

Each updated Climate Action Plan shall be presented to the General Assembly by providing it to the Chief Clerk of the House of Representatives, the Secretary of the Senate, the Director and the Librarian of the Division of Legislative Services, and the chair of the Natural Resources and Energy Committee of the House of Representatives, and the chairs of the Environment, Energy and Transportation and Agriculture Committees of the Senate.
7 Del. C. § 2902 — Delaware Code / Title 7 / Chapter 29 / Section 2902
§ Â
        2902. Transfers of permits and licenses.
Status: in_force

Any person who holds a valid permit or license issued by the Department for any of the fisheries referenced and subject to § 2901 of this title shall be entitled to assign or transfer such permit or license to an eligible person as defined in this chapter under terms and conditions agreeable to the permit or license holder and the assignee or transferee.
7 Del. C. § 4127 — Delaware Code / Title 7 / Chapter 41 / Subchapter III / Section 4127
§ Â
        4127. Existing works of improvement; compensation for work done thereon.
Status: in_force

The board of ditch commissioners may deem adequate any works of improvement already constructed, including but not limited to ditches and structures and may incorporate these in the tax ditch, and may allow a fair compensation to landowners for work previously done by them on such works of improvement.
7 Del. C. § 531 — Delaware Code / Title 7 / Chapter 5 / Subchapter II / Section 531
§ Â
        531. Penalties; failure to obtain license.
Status: in_force

Whoever engages in the business of purchasing or receiving raw furs or pelts for commercial purposes within this State, except muskrat furs or pelts, without obtaining a license as required by § 528 of this title, shall be guilty of a class B environmental misdemeanor for each offense.
7 Del. C. § 4363 — Delaware Code / Title 7 / Chapter 43 / Subchapter V / Section 4363
§ Â
        4363. Warrants by tax lagoons for collection of taxes.
Status: in_force

(a) For tax lagoons formed under this chapter, warrants authorizing and requesting the collection of lagoon taxes executed to the receiver of taxes and county treasurer shall be signed by the chairpersons of the lagoon managers and the secretary-treasurer of the tax lagoon and shall contain the following information:

(1) The name of the tax lagoon;

(2) The location by county and hundred;

(3) The date said warrant is delivered to the receiver of taxes and county treasurer;

(4) The date that the tax lagoon assessment list was filed with the county assessor;

(5) Total of that assessment list;

(6) Tax rate based on that assessment list;

(7) Total tax to be collected;

(8) Method of payment, if by installments;

(9) Statement as to whether the warrant is for construction, special or maintenance taxes;

(10) Amount and terms of loans, if any, secured by said tax warrant; and

(11) Person to be paid directly by receiver of taxes and county treasurer and amounts to be paid to such person.

(b) When a tax lagoon includes 2 or more counties, separate tax warrants shall be executed by the lagoon managers to each receiver of taxes and county treasurer thereof.
7 Del. C. § 7910 — Delaware Code / Title 7 / Chapter 79 / Subchapter II / Section 7910
§ Â
        7910. Validity.
Status: in_force

(a) An environmental covenant that complies with this subchapter runs with the land.

(b) An environmental covenant that is otherwise effective is valid and enforceable even if:

(1) It is not appurtenant to an interest in real property;

(2) It can be or has been assigned to a person other than the original holder;

(3) It is not of a character that has been recognized traditionally at common law;

(4) It imposes a negative burden;

(5) It imposes an affirmative obligation on any person having an interest in the real property or on the holder;

(6) The benefit or burden does not touch or concern real property;

(7) There is no privity of estate or contract;

(8) The holder dies, ceases to exist, resigns, or is replaced; or

(9) The persons identified as owner and holders in the environmental covenant are the same person.

(c) An instrument that creates activity and use limitations designed to protect human health or the environment and that was agreed to before July 21, 2005, is not invalid or unenforceable by reason of any of the limitations on enforcement of interests described in subsection (b) of this section or because it was identified as an easement, servitude, deed restriction, or other interest. This subchapter does not apply in any other respect to such an instrument.

(d) This subchapter does not invalidate or render unenforceable any interest, whether designated as an environmental covenant or other interest that is otherwise enforceable under the law of this state.
7 Del. C. § 2806 — Delaware Code / Title 7 / Chapter 28 / Section 2806
§ Â
        2806. Seasons closed for commercial conch potting or dredging.
Status: in_force

The Department is authorized to promulgate regulations that close seasons to either dredging or potting for conchs.
7 Del. C. § 703 — Delaware Code / Title 7 / Chapter 7 / Subchapter I / Section 703
§ Â
        703. Open season for game.
Status: in_force

The open season during which it shall be lawful to catch, kill or pursue or attempt to catch, kill or pursue muskrat, or to hunt red fox by chase only shall, respectively, be as follows, including, in each instance, the days defining the open season:

(1) Muskrat. In New Castle County, December 1 to March 10, next following, but in embanked meadows or marshes in New Castle County, the open season shall be from December 1 to March 20, next following; in Kent and Sussex Counties, December 15 to March 15, next following.

(2) Red fox. October 1 to April 30, next following, red fox hunting whenever so permitted and whether occurring on public or private lands as provided herein, shall be permitted by chase only from ½ hour before sunrise until ½ hour after sunset. Red fox hunting shall be permitted only on a Tuesday, Wednesday or Thursday during such time when it is lawful to take deer with a firearm or projectile weapon. However, red fox shall not be hunted by chase at all during deer hunting season that takes place in October, November or December. Notwithstanding the foregoing, red fox may be killed in accordance with § 788 of this title. The Division of Fish and Wildlife shall determine those public lands that are available for fox hunting by chase during any deer hunting season. From January through April, fox hunting by chase during deer hunting season shall be permissible on private lands only on Tuesday, Wednesday and Thursday if the owner of the private land has authorized such hunting to occur thereon.
7 Del. C. § 6459 — Delaware Code / Title 7 / Chapter 64 / Subchapter II / Section 6459
§ Â
        6459. Annual report.
Status: in_force

The Authority’s annual report submitted under § 6416 of this title shall set forth its operations and transactions involving recycling and waste reduction, and shall include information pertaining to the advice, assistance, and cooperative efforts extended by the Department of Natural Resources and Environmental Control to the Authority regarding the recycling and waste reduction program. The Authority shall also include in the independent audit of its fiscal affairs those matters related to its activities involving recycling and waste reduction.
7 Del. C. § 603 — Delaware Code / Title 7 / Chapter 6 / Section 603
§ Â
        603. Enforcement.
Status: in_force

Any officer or agent authorized by the Secretary of the Department of Natural Resources and Environmental Control or any officer or agent authorized by the Director of the Division of Fish and Wildlife, or any police officer of the State, or any police officer of any municipality within the State, has authority to execute any warrant in search for and seizure of any goods, merchandise or wildlife sold or offered for sale in violation of this chapter, or any property or item used in connection with a violation of this chapter; such goods, merchandise, wildlife or property shall be held pending proceedings in any court of proper jurisdiction. Upon conviction, such seized goods, merchandise or wildlife shall be forfeited and, upon forfeiture, either offered to a recognized institution for scientific or educational purposes, or destroyed.
7 Del. C. § 932 — Delaware Code / Title 7 / Chapter 9 / Section 932
§ Â
        932. Removal and inspection of fishing equipment by authorized personnel; confiscation and sale of illegally used equipment.
Status: in_force

(a) Any authorized employee of the Department may inspect any fishing equipment placed in the tidal waters of this State.

(b) Any authorized employee of the Department may remove any fishing equipment used in the tidal waters of the State that is not marked, identified and/or being used for fishing according to this chapter or regulation promulgated by the Department or permit issued by the Division, provided that the Department notify, or attempt to notify, the owner of said equipment when said owner is known, and give such owner the opportunity to remove said fishing equipment.

(c) Any fishing equipment removed from the tidal waters of the State, as provided for in this section, which is not claimed by its owner within 30 days after its removal shall be subject to the following provisions that provide for its disposition by public sale:

(1) After the 30-day waiting period the Department shall advertise the sale of the removed fishing equipment in a newspaper of general circulation throughout the State. The advertisement shall give a brief description of the property and the procedure for the sale thereof.

(2) The sale of the advertised property will be conducted by the Department. The Department shall accept sealed bids for the property, with the property being sold to the highest bid received.

(3) Any moneys received from the sale of the removed property shall be retained by the Department for a period of 1 year after receipt of said moneys, during which time the owner of the removed property may file a claim with the Department for the payment of said moneys. The expenses of the Department for arranging the public sale of the removed fishing equipment may be deducted from any moneys paid to the owner of the removed fishing equipment.

(4) Moneys from the public sale of the removed fishing equipment that are not claimed by the owner of said equipment within 1 year after the receipt of said moneys shall be deposited into the Finfisheries Development Fund.
7 Del. C. § 1901 — Delaware Code / Title 7 / Chapter 19 / Section 1901
§ Â
        1901. Definitions.
Status: in_force

The following definitions shall apply to Chapters 19 through 28 inclusive of this title:

(1) “Bivalve shellfish” means any species of shellfish having 2 shells connected by a hinge.

(2) “Commercial purpose” means a person’s intent to sell shellfisheries to another.

(3) “Crab pot” means a cube shaped wire device that contains opening or openings toward the inside for the entrance and capture of crabs without the assistance of any manually exerted tension to any closing mechanism.

(4) “Culled” means separated live shellfish from all other material and organisms.

(5) “Cultivation” means the process of preparing and/or improving shellfish grounds to foster the growth and survival of shellfish.

(6) “Delaware’s Inland Bays” shall mean Rehoboth Bay, Indian River and Indian River Bay and Little Assawoman Bay and Big Assawoman Bay and their respective tributaries.

(7) “Department” means Department of Natural Resources and Environmental Control.

(8) “East line” means a political division of the Delaware Bay along a line running due east from the Port Mahon lighthouse (Delaware State Plan Coordinates: N431, 537.3600, E504, 396.9600).

(9) “Hand tongs” means any grasping device consisting of 2 pieces joined at 1 end of a pivot and manipulated by physical exertion of a person.

(10) “Market oysters” means oysters harvested for sale to another for consumption.

(11) “Mean high water” means the level of the water surface which is an average of the highest daily tides over a period of at least 29 days.

(12) “Mechanical device” means an apparatus operated by a machine used to take shellfish.

(13) “Natural oyster beds” means those shellfish grounds designated to be “natural oyster beds” by the Department.

(14) “Nonresident” means any person not an alien who has not continuously resided for 1 year within this State.

(15) “Patent tongs” means any grasping device consisting of 2 pieces joined at 1 end by a pivot and raised with a rope, cable or other hoisting device used to take shellfish.

(16) “Person” means a human being.

(17) “Public tonging area” means any shellfish ground designated by the Department to be used for the tonging of oysters in areas exclusive of Delaware’s Inland Bays.

(18) “Resident” means any person not an alien who has continuously resided 1 year or more within this State.

(19) “Secretary” means the Secretary of the Department of Natural Resources and Environmental Control or a duly authorized designee provided any such delegation of authority is consistent with Chapter 80 of Title 29.

(20) “Shellfish” means any mollusca, crustacea and chelicerata that includes oysters, clams, lobsters, mussels, whelks, bay scallops, crabs, shrimp and horseshoe crabs.

(21) “Shellfishing” means to attempt to take, catch, kill or reduce to possession any shellfish by any means whatsoever.

(22) “Shellfish aquaculture” means the culture or rearing of any life stage of bivalve shellfish for commercial purposes within an area leased for that purpose. Within the leased area, said shellfish may be reared in an artificial enclosure, or on any other type of structure or substrate, either on land or in the water.

(23) “Shellfish grounds” means the submerged lands of the rivers, bays and oceans sustaining or capable of sustaining shellfish under the jurisdiction of the State.

(24) “Spat” means immature oysters.

(25) “Trotline” means an anchored long line with a series of separate but attached short lines with bait for attracting crabs. “Trotline” includes the long line, short lines, anchors, and buoys that are placed on either end of the long line to mark its location.
7 Del. C. § 4121 — Delaware Code / Title 7 / Chapter 41 / Subchapter III / Section 4121
§ Â
        4121. Duties of county soil conservation district upon receipt of petition.
Status: in_force

The board of supervisors of the county soil conservation district shall, upon receipt of a petition for the formation of a tax ditch, determine whether the petition is in the form set forth in § 4118 of this title and has been properly executed. If the petition is in the prescribed form and has been properly executed, the board shall immediately notify the Division of Watershed Stewardship, and by virtue of such action shall have made available to it the services of the Department of Natural Resources and Environmental Control to assist it with the investigation concerning the possible formation of the tax ditch.
7 Del. C. § 7507B — Delaware Code / Title 7 / Chapter 75 / Section 7507B
§ Â
        7507B. Access to land; limitations on use and disclosure of data.
Status: in_force

(a) A representative of the Council or state agency may access land being considered for permanent protection to perform onsite verification to gather information about the land only after the landowner executes a written permission form granting the Council or State agency representative permission to access the land.

(b) If a representative of the Council or state agency collects data during an onsite verification of land that establishes the presence of at least 1 of the criteria listed in § 7507A(a)(1), (2), or (7) of this title during the negotiations for the permanent protection of that land, and the negotiations do not result in the permanent protection of that land, an agency or political subdivision of this State, including county and municipal governments, or person, as defined in § 302 of Title 1, may not use the data for any of the following purposes:

(1) To incorporate the data into a comprehensive plan; overlay zoning ordinance; guideline; specific or technically-based performance standard, design criterion, or mitigation requirement; or for any other restrictions on land use.

(2) To deny, delay, or recommend the denial or delay of a permit or license.

(3) To place any condition or restriction on a permit or license.

(4) To charge additional fees on a permit or license.

(c) Nothing in this chapter may be construed to prohibit the Council or state agency representative from reporting to the proper authorities any information or data obtained about the property concerning a violation of any environmental, public health, or safety laws or regulations or information that is otherwise required to be reported.

(d) Data collected under this section related to negotiations that do not result in the permanent protection of land are not public records and may not be disclosed under Chapter 100, Title 29.
7 Del. C. § 9118 — Delaware Code / Title 7 / Chapter 91 / Subchapter I / Section 9118
§ Â
        9118. Cease and desist orders.
Status: in_force

The Secretary shall have the power to issue a cease and desist order to any person violating any provision of this chapter ordering such person to cease and desist from such violation, provided that any cease and desist order issued pursuant to this section shall expire:

(1) After 30 days of its issuance; or

(2) Upon withdrawal of said order by the Secretary; or

(3) When the order is superseded by an injunction.
7 Del. C. § 1304 — Delaware Code / Title 7 / Chapter 13 / Section 1304
§ Â
        1304. Environmental misdemeanors, environmental violations, sentences and fines.
Status: in_force

(a) Violations of Chapters 1, 5, 6, 7, 9, 18, 19, 21, 23, 24, 25, 26, 27, and 28 and of subchapter I of Chapter 11 of this title or Department orders, rules or regulations promulgated to implement provisions of these chapters are designated as environmental misdemeanors and violations.

(b) Environmental misdemeanors and environmental violations are classified for purposes of sentencing into the following 4 categories :

(1) Class A environmental misdemeanors;

(2) Class B environmental misdemeanors;

(3) Class C environmental violations;

(4) Class D environmental violations.

(c) Any violation of Chapters 1, 5, 6 or 7 or of subchapter I of Chapter 11 of this title for which there is no prescribed penalty shall be a class C environmental violation.

(d) Any person convicted of a class A environmental misdemeanor shall be fined not less than $1000, nor more than $10,000, plus the costs of prosecution and court costs, or such person shall be imprisoned for up to 60 days, or such person shall be both fined and imprisoned according to the foregoing limitations. Any person convicted of a class A environmental misdemeanor within 5 years of a prior conviction for a class A environmental misdemeanor shall be fined not less than $2,000, nor more than $20,000, plus the costs of prosecution and court costs, or such person shall be imprisoned for up to 120 days, or such person shall be both fined and imprisoned according to the foregoing limitations.

(e) Any person convicted of a class B environmental misdemeanor shall be fined not less than $250, nor more than $1,000, plus the costs of prosecution and court costs, or such person shall be imprisoned for up to 30 days, or such person shall be both fined and imprisoned according to the foregoing limitations. Any person convicted of a class B environmental misdemeanor within 5 years of a prior conviction for a class B or greater environmental misdemeanor shall be fined not less than $500, nor more than $2,000, plus the costs of prosecution and court costs, or such person shall be imprisoned for up to 60 days, or such person shall be both fined and imprisoned according to aforesaid limitations.

(f) Any person convicted of a class C environmental violation shall be fined not less than $100, nor more than $250, plus the costs of prosecution and court costs. Any person convicted of a class C environmental violation within 5 years of a prior conviction for a class C or greater environmental violation shall be fined not less than $100, nor more than $500, plus the costs of prosecution and court costs, or such person shall be imprisoned for up to 20 days, or such person shall be both fined and imprisoned according to the foregoing limitations.

(g) Any person convicted of a class D environmental violation shall be fined not less than $50, nor more than $100, plus the costs of prosecution and court costs. Any person convicted of a class D environmental violation within 5 years of a prior conviction for a class D or greater environmental violation shall be fined not less than $100, nor more than $500, plus the costs of prosecution and court costs.

(h) Any fine imposed for any environmental misdemeanor shall not be suspended to any amount less than the minimum prescribed fine.

(i) Any conviction of a class C or class D environmental violation, for a first offense, shall not be reported on criminal history records provided by the State Bureau of Identification for employment purposes under § 8513(c) of Title 11. This provision shall not apply to a subsequent conviction of a class C or class D environmental violation within 5 years, and any such subsequent conviction shall be reported on a criminal history record provided by the State Bureau of Identification for employment purposes under § 8513(c) of Title 11.
7 Del. C. § 4206 — Delaware Code / Title 7 / Chapter 42 / Section 4206
§ Â
        4206. Actions by the Department upon applications.
Status: in_force

(a) Public notice of application shall consist of an advertisement 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 to include the fact that the application has been received, a brief description of the nature of the application and the place at which a copy of the application may be inspected:

(b) Following the receipt of requested comments the Department shall approve, disapprove, or approve subject to conditions necessary to ensure safety all applications pursuant to this chapter.

(c) A defective application shall not be rejected but notice of the defects shall be sent to the owner. If the owner fails to file a perfected application within 30 days of the date of the notice the original shall be canceled unless further time is allowed.

(d) If the Department disapproves an application, 1 copy shall be returned with a statement of its objections. If an application is approved, the approval shall be attached thereto, and a copy returned. Approval shall be granted under terms, conditions, and limitations which the Department deems necessary to safeguard life and property.

(e) Construction shall be commenced within 2 years after the date of approval of the application and completed within 5 years of commencement of construction or the approval is void. The Department upon written application and good cause shown may extend the time for commencing construction or for completing the construction. Notice by registered or certified mail shall be given the Department at least 10 days before construction is commenced.
7 Del. C. § 111 — Delaware Code / Title 7 / Chapter 1 / Section 111
§ Â
        111. Search and seizure powers of the Secretary and Fish and Wildlife Agents.
Status: in_force

The Secretary and the Fish and Wildlife Agents may search and examine without warrant any person, conveyance, vehicle, game bag, game coat or other receptacle for protected wildlife, and in the presence of an occupant of any camp or tent, may search and examine without warrant such camp or tent for protected wildlife, when the Secretary or the Fish and Wildlife Agent has reason to believe and has stated to the suspected person or occupant the reason for believing that any of the laws relating to protected wildlife have been violated, and may seize and possess (take) any protected wildlife illegally in possession. This section shall not authorize the entering of a dwelling house without first procuring a search warrant.

Provisions of this section shall be subject to Chapter 23 of Title 11. If there is any conflict or inconsistency between this section and such chapter, the latter shall prevail.
7 Del. C. § 723 — Delaware Code / Title 7 / Chapter 7 / Subchapter I / Section 723
§ Â
        723. Hunting or trapping in safety zones; penalty.
Status: in_force

(a) (1) No person, except the owner or occupant, or a person with the permission of the owner or occupant, shall discharge a firearm or airgun within 100 yards of an occupied dwelling, house or residence or any barn, stable or any other building used in connection therewith, while hunting or trapping for wild birds or wild animals of any kind. The area within said distance shall be a “safety zone,” and it shall be unlawful to shoot at any wild bird or wild animal while it is within such safety zone without the specific advance permission of the owner or tenant.

(2) Notwithstanding any other law or regulation to the contrary, the safety zone for hunting deer by projectile weapon, excluding an airgun, shall be 50 yards.

(b) During any open hunting or trapping season, it shall be unlawful for any person, other than the owner or occupant, to hunt or to trap, pursue, disturb or otherwise chase any wild animal or bird within a safety zone without the specific, advance permission of the owner or occupant.

(c) No person, except the owner or occupant, or a person with the permission of said owner or occupant, shall discharge a firearm or projectile weapon so that a shot, slug, bullet, arrow, crossbow bolt, spear, or other projectile lands upon any occupied dwelling, house, or residence, or any barn, stable or other building used in connection therewith.

(d) Whoever violates this section shall be guilty of a class C environmental violation.
7 Del. C. § 1805 — Delaware Code / Title 7 / Chapter 18 / Section 1805
§ Â
        1805. Commercial license number.
Status: in_force

(a) The Department shall assign a number to all commercial eel fishing licensees.

(b) It shall be unlawful for a commercial eel fishing licensee to fish with commercial eel fishing gear without fixing his or her assigned number in 2 inch block numbers, prefixed by “E” to each piece of gear, in a conspicuous place on the floats, markers, stakes or flags observable above the surface of the waters at all times.
7 Del. C. § 6705 — Delaware Code / Title 7 / Chapter 67 / Section 6705
§ Â
        6705. Application consistent with federal law.
Status: in_force

Such codes, rules and regulations shall establish standards and requirements for the control of air contaminants from motor vehicles manufactured with air pollution control devices, systems or engine modifications consistent with the requirements of the “National Emission Standards Act” [42 U.S.C. § 7521 et seq.] and any amendments and supplements thereto.
7 Del. C. § 1902 — Delaware Code / Title 7 / Chapter 19 / Section 1902
§ Â
        1902. Duties of Department; powers; making and enforcing regulations.
Status: in_force

(a) The Department shall have control and direction of the shellfish industry and of the protection of shellfish resources throughout this State. The Department may adopt, promulgate, amend and repeal regulations consistent with the law, which shall be enforced by the Department or any peace officers for the following purposes:

(1) To preserve and improve the shellfish industry of this State;

(2) To prevent and control the spread of shellfish-borne diseases by providing for the sanitary harvesting, handling, transportation, processing, production and sale of shellfish;

(3) To regulate, inspect and approve any vessel or equipment used in the shellfish industry in this State;

(4) To provide for the issuance of licenses or leases to persons engaged in the shellfish industry in this State and for the revocation for cause of such licenses or leases;

(5) To provide for the preservation and improvement of the shellfish resources of this State, when deemed necessary.

(b) The regulations of the Department shall have the force and effect of law and shall supersede all local ordinances and regulations enacted or adopted which are inconsistent therewith.

(c) For the purpose of enforcing the marine fisheries laws on the waters under the jurisdiction of the State, the Department shall keep and maintain suitable vessels to patrol these waters. The patrol vessel shall be subject to call at all times to enforce the marine fisheries laws of the State. On board the patrol boats shall be kept log books in which shall be recorded the daily activities of all the functions performed on any work day.
7 Del. C. § 7310 — Delaware Code / Title 7 / Chapter 73 / Section 7310
§ Â
        7310. Enforcement.
Status: in_force

Enforcement of this chapter, including enforcement of the articles of dedication, shall be the responsibility of the Department.
7 Del. C. § 927 — Delaware Code / Title 7 / Chapter 9 / Section 927
§ Â
        927. Fishing with trawl nets, purse seines, run around gill nets; penalty; exceptions.
Status: in_force

(a) No person shall fish with or use in the tidal waters of this State any type of trawl net that is operated in any manner by wind or sail power, motor power, hydraulics, pulleys, by being pulled by a power vessel or other mechanical advantage, or any purse seine operated in any manner, or any run around gill net, except as provided by §§ 911 and 919 of this title.

(b) Any person who is determined to be in violation of this section shall be fined not less than $2,000 and not more than $5,000, plus the payment of costs, and/or imprisoned for up to 6 months; and for any subsequent violation of this section the person shall be fined not less than $5,000, plus the payment of costs, and/or imprisoned for up to 6 months.

(c) Any authorized employee of the Department who has probable cause to believe that there is or has been a violation of this section may seize the following items under the following conditions:

(1) Any finfish located, found, retained, taken and/or caught in violation of this section; or

(2) Any other item to be used as evidence in any case to be brought for violation of this section.

(d) Any authorized employee of the Department who has seized finfish pursuant to this section shall comply with § 935 of this title.

(e) Any authorized employee of the Department who has seized any finfish or other items pursuant to this section may seek to have said finfish or items forfeited, in which case the Superior Court shall have jurisdiction over the alleged violation if the fair market value of the forfeited finfish or other items exceeds $100, and any forfeiture of the finfish or other items shall be in accordance with the rules of procedure for the Superior Court. The Justice of Peace Courts shall have jurisdiction over any violation in which the forfeiture sought is of finfish or other items of $100 or less in fair market value.