7 Del. C. § 704 — Delaware Code / Title 7 / Chapter 7 / Subchapter I / Section 704
§ Â
        704. Prohibited hunting and trapping devices and methods; confiscation of devices; primitive weapon season.
Status: in_force

(a) No person shall make use of any pitfall, deadfall, scaffold, cage, snare, trap, net, pen, baited hook, lure, urine or baited field or any other similar device for the purpose of injuring, capturing or killing birds or animals protected by the laws of this State, except red foxes, muskrats, raccoon, opossum, minks, otters, beavers and rabbits may be trapped and snapping turtles may be trapped or taken with a net in accordance with the regulations of the Department of Natural Resources and Environmental Control, and except as otherwise expressly provided. Landlords and tenants and their respective children may take rabbits in traps and snares during the open season for same on their freeholds and leaseholds respectively. For purposes of this section, the term “lure” means any mixture of ingredients intended to be placed at the trap location for the purpose of masking human odor or attracting wildlife. The term “lure” does not include any tangible objects such as duck or goose decoys or similar tangible devices used while hunting nor does the term include any mixture of ingredients intended for the purpose of masking human odor or attracting deer while deer hunting.

(b) No person shall make use of any drug, poison, chemical or explosive for the purpose of injuring, capturing or killing birds or animals protected by the laws of this State.

(c) The unlawful setting or placing of any of the devices or contrivances named in subsection (a) or (b) of this section is an offense against this section, and such devices and contrivances, when found unlawfully set or placed, shall be confiscated by the Department and disposed of as the Department sees fit.

(d) No person shall shoot at, or kill any bird or animal protected by the laws of this State with any device, swivel or punt gun, or with any gun other than such as is habitually raised at arm’s length and fired from the shoulder. Possession of such illegal device or gun while hunting shall be prima facie evidence of an offense under this subsection.

(e) No person shall use for hunting or have in their possession while hunting any shotgun shells loaded with lead or lead alloy missiles larger than No. 2 shot, except ammunition permitted for hunting deer during the lawful open season for deer.

(f) A muzzle-loading rifle, meaning a single-barrel gun which is loaded with black powder and projectile through the muzzle, having distinct rifling the full length of the bore, shooting a spherical or conical projectile, ignited by a flint striking a frizzen or by a percussion cap, having a minimum bore of 0.42 inches (10.67 mm), minimum powder charge of 62 grains (4 grams), may be used in the pursuit, taking or attempted taking (“hunting”) of protected wildlife, provided:

(1) Such hunting takes place during the primitive weapon season established by the Department of Natural Resources and Environmental Control and is done pursuant to the requirements of law applicable to other means of hunting protected wildlife.

(2) No person engaged in such hunting shall possess or use any multi-projected loads (buck and ball), explosive bullets or any balls smaller than .42 caliber.

No weapon may be used for hunting deer during the primitive weapon season other than a muzzle-loading rifle or bow. The Department may permit the use of a single shot muzzle-loading pistol being a minimum .42 caliber with a minimum powder charge of 40 grains during the primitive weapons season for deer, when using a muzzle-loading rifle to provide the coup-de-grace, if required.

(g) Except as set forth herein, no person may use a handgun or rifle in the pursuit, taking or attempted taking (hunting) of protected wildlife. A handgun or rifle as described herein may be used for the pursuit, taking and attempted taking (hunting) of deer on privately owned lands situated south of the Chesapeake and Delaware Canal and those lands within the State owned by the State of Delaware so designated for this purpose by the Department of Natural Resources and Environmental Control, and farms permitted by the Department through its deer depredation programs, at its discretion, under the following conditions:

(1) The handgun shall be limited to revolvers and single shot pistols with a minimum barrel length of 5.75 inches and not exceeding 12.5 inches and chambered for and using straight-wall handgun ammunition in .357 to .38 caliber with a cartridge case length of no less than 1.25 inches and a maximum case length of 1.82 inches, or in .41 caliber to a maximum of .50 caliber and a maximum case length of 1.82 inches;

(2) The handgun must be carried openly on a sling or in a holster and not concealed;

(3) The rifle shall be limited to rifles:

a. Using open, metallic/mechanical, optical, or telescopic sights;

b. Chambered for and using straight-walled ammunition as defined in (g)(1) above; and

c. Loaded with no more than 3 cartridges in the chamber and magazine combined.

(4) To be used as follows:

a. A handgun or rifle may be used during a separate 7-day season to begin on the first Saturday in January through the second Saturday in January; and

b. A handgun or rifle may be used in place of a shotgun during the shotgun deer season(s); and

c. When harvesting deer under a Department deer depredation program.

(h) No person shall operate, provide, sell, use, or offer to operate, provide, sell, or use any computer software or service that allows a person not physically present at a hunt site to remotely control a weapon that could be used to take a live animal or bird by remote operation, including, but not limited to, weapons or devices set up to fire through the use of the Internet or through a remote control device.
7 Del. C. § 6312 — Delaware Code / Title 7 / Chapter 63 / Subchapter II / Section 6312
§ Â
        6312. Public hearings.
Status: in_force

Public hearings shall be held on any application for or draft of, any permit or transfer facility approval, or modification thereof, or any regulation, variance request, permit revocation or appeal to the Environmental Appeals Board in accordance with §§ 6004 and 6006 of this title, except where the Secretary has adopted additional notice and hearing requirements by regulation.
7 Del. C. § 9203 — Delaware Code / Title 7 / Chapter 92 / Section 9203
§ Â
        9203. Authority of the Secretary; regulations; effective date [Effective upon promulgation of regulations by the Secretary pursuant to subsection (c) of this section].
Status: in_force

(a) The provisions of this chapter do not affect the authority of the Secretary under any other statute or regulation to issue any order to the transferor(s) or transferee(s) of an establishment.

(b) The Secretary may adopt regulations to implement the provisions of this chapter.

(c) The provisions of this chapter shall become effective upon promulgation of regulations adopted pursuant to this chapter.
7 Del. C. § 9107 — Delaware Code / Title 7 / Chapter 91 / Subchapter I / Section 9107
§ Â
        9107. Remedies.
Status: in_force

(a) (1) When the Secretary or his or her designee has determined that a release or imminent threat of a release of a hazardous substance as defined herein will require a remedy, the Secretary shall, within 20 days of such determination, provide public notice of that fact. The Secretary shall likewise provide public notice within 20 days after entering into negotiations for a voluntary cleanup settlement agreement with any person that agrees to perform a remedy. Such public notice shall be published in a newspaper of general circulation in the county in which the facility is located. Such notice shall also be provided to:

a. All elected members of the General Assembly in whose district such facility or any part thereof lies;

b. If the facility or any part thereof is located within the boundaries of any municipality, then such notice shall also be given to the governing body of all municipalities in which the facility or any part thereof lies;

c. In the event the facility or any part thereof is not located within the boundaries of a municipality, then such notice shall also be given to the governing body of the county in which the facility or any part thereof lies; and

d. The governing body of any civic, neighborhood or similar association in which the facility or any part thereof lies, provided that such association makes itself known to the Department and provides a legal mailing address.

(2) When the Secretary has reason to believe that a release or imminent threat of release will require a remedy, the Secretary shall notify the potentially responsible party with respect to the release or imminent threat of release, and provide the person with an opportunity to enter into a settlement agreement providing for a remedy consistent with regulations developed pursuant to § 9104 of this title. The Secretary may provide any person who has knowledge of a release of a hazardous substance at a facility and agrees to perform a remedy with an opportunity to enter into a settlement agreement providing for a remedy consistent with regulations developed pursuant to § 9104 of this title.

(b) The settlement agreement providing for a remedy may be in the form of a consent decree, administrative order of consent, memorandum of agreement or any other form of agreement consistent with regulations developed pursuant to § 9104 of this title. When a settlement agreement is entered into in the form of a consent decree pursuant to this chapter, it shall be filed with the Superior Court. The Secretary shall allow at least 20 days for public comment before the proposed consent decree is entered. If the Secretary deems it appropriate to effectuate the purposes of this chapter, the Secretary may choose to resolve a person’s liability with the State under this section through use of settlement agreements entered into pursuant to CERCLA.

(c) A person who has resolved his or her liability to the State under this section is not liable for claims for contribution regarding matters addressed in the settlement. The settlement does not discharge any of the other potentially responsible parties, but it reduces the total potential liability of others to the State by the amount of the settlement exclusive of § 9109 of this title.

(d) The Secretary may enter into a settlement agreement that requires the Secretary to provide a specified amount of money from the Fund to help defray the costs of implementing the remedy. These funds may be provided only in circumstances where the Secretary finds it would expedite or enhance remediation or achieve equity with respect to the payment of remedial costs. The Secretary may recover the amount of public funding provided under this section from a potentially responsible party who has not entered into a settlement agreement under this section or fulfilled all obligations under the agreement. For purposes of such a cost recovery, the public funding shall be considered as remedial costs paid by the Secretary.

(e) Before conducting a remedial action, the Secretary shall:

(1) Propose a plan of remedial action based on any investigation or study conducted by or for the Secretary, the potentially responsible party, or others;

(2) Provide public notice of the proposed plan of remedial action and an opportunity to comment on the plan as well as the investigation upon which the plan of remedial action is based;

(3) Prepare a final plan of remedial action with due consideration of the comments received and any other study or investigation conducted by or for the Secretary.

(f) The proposed and final plan of remedial action and the basis for it, as well as all comments received by the Secretary, constitute the remedial decision record of the Secretary. The Secretary shall maintain a remedial decision record for a period that the Secretary deems appropriate based upon the remedy being implemented and the future use of the facility.

(g) Where the Secretary has developed a remedial decision record for a remedy and the Secretary has conducted the remedy in accordance with the record, in any action brought to recover costs, the plan of remedial action shall be presumed reasonable and necessary unless demonstrated to be arbitrary and capricious by clear and convincing evidence.
7 Del. C. § 926 — Delaware Code / Title 7 / Chapter 9 / Section 926
§ Â
        926. Extracting oil or making fertilizer from food and game fish; penalty.
Status: in_force

(a) No person shall have in his or her possession and/or bring into this State any finfish, other than menhaden, legally taken in this State or other waters, for the purpose of extracting oil therefrom, and/or for the purpose of converting such finfish into fertilizer. The parts of a processed legally taken finfish not to be used for human consumption, including the entrails, bones, fins and other waste parts thereof, may be further reduced or rendered for use as fertilizer and/or animal feed products.

(b) Any person who violates this section shall be guilty of a class B environmental misdemeanor.
7 Del. C. § 3903 — Delaware Code / Title 7 / Chapter 39 / Subchapter I / Section 3903
§ Â
        3903. Conservation districts.
Status: in_force

The 3 soil and water conservation districts heretofore created under this chapter shall hereafter be known as the Kent Conservation District, the New Castle Conservation District and the Sussex Conservation District, respectively, and the said districts shall continue to exercise all the powers and duties prescribed for districts by this chapter.
7 Del. C. § 7007 — Delaware Code / Title 7 / Chapter 70 / Section 7007
§ Â
        7007. Appeals to State Coastal Zone Industrial Control Board.
Status: in_force

(a) The State Coastal Zone Industrial Control Board shall have the power to hear appeals from decisions of the Secretary of the Department of Natural Resources and Environmental Control made under §§ 7005 and 7014 of this title. The Board may affirm or reverse the decision of the Secretary of the Department of Natural Resources and Environmental Control with respect to applicability of any provisions of this chapter to a proposed use; it may modify any permit granted by the Secretary of the Department of Natural Resources and Environmental Control, grant a permit denied by the Secretary, deny a permit or confirm the Secretary’s grant of a permit. Provided, however, that the Board may grant no permit for uses prohibited in § 7003 of this title.

(b) Any person aggrieved by a final decision of the Secretary of the Department of Natural Resources and Environmental Control under § 7005(a) or § 7014 of this title may appeal same under this section. Appellants must file notice of appeal with the State Coastal Zone Industrial Control Board within 14 days following announcement by the Secretary of the Department of Natural Resources and Environmental Control of his or her decision. The State Coastal Zone Industrial Control Board must hold a hearing and render its decision in the form of a final order within 60 days following receipt of the appeal notification.

(c) Whenever a decision of the Secretary of the Department of Natural Resources and Environmental Control concerning a permit request is appealed, the Board shall hold a public hearing at which the appellant may be represented by counsel. All proceedings in such a hearing shall be made a matter of record and a transcript or recording of all proceedings kept, and the public may attend and be heard.

(d) The Board shall publicly announce by publication in at least 1 newspaper of daily publication in the county in which the site designated in the request is wholly or principally located and in at least 1 newspaper of daily publication and general circulation throughout the State the time, location and subject of all hearings under this section at least 10 days prior thereto.
7 Del. C. § 7418 — Delaware Code / Title 7 / Chapter 74 / Subchapter I / Section 7418
§ Â
        7418. Tank registration fee [For application of this section, see 85 Del. Laws, c. 42, Â 10].
Status: in_force

(a) All owners/operators of underground storage tanks shall pay to the Department an annual per tank registration fee of $150 on or before February 1 of each calendar year. Registration fees not received by the Department by February 1 shall be subject to a late charge of $50. Payment shall be made in accordance with regulations established by the Department.

(b) Underground storage tanks owned or operated by the State, or counties or municipalities or agencies or subdivisions thereof, shall be exempt from payment of the registration fee defined in subsection (a) of this section.

(c) Underground storage tanks owned or operated by the volunteer fire companies and ambulance companies within this State shall be exempt from payment of the registration fee defined in subsection (a) of this section.

(d) The tank registration fee established in subsection (a) of this section shall be used solely for the purpose of administering the Department’s programs implementing this chapter and the regulations promulgated thereunder.

(e) The tank registration fee shall be credited to a dedicated administration fund established in the accounts of the Treasurer. Any money remaining in such fund at the end of the fiscal year shall not revert to the General Fund, but shall remain in the dedicated administration fund. The fund shall be maintained in a separate account and shall be administered by the Department. An accounting of moneys received and disbursed shall be kept, and furnished upon request to the Governor or the General Assembly.
7 Del. C. § 508 — Delaware Code / Title 7 / Chapter 5 / Subchapter I / Section 508
§ Â
        508. License and tag fees for nonresidents.
Status: in_force

(a) Nonresidents shall pay to the Department or its duly authorized agents the following license fees:

(1) $199.50 for a general hunting license.

(2) $75 for a trapping license.

(3) $20 for a general fishing license.

(4) $12.50 for a 7-day fishing license good for 7 consecutive days.

(5) $75 for a 3-day small game hunting license good for 3 consecutive days and not valid for hunting deer or turkeys.

(6) $20 for each additional tag to kill a single antlerless deer.

(7) $50 for a tag to kill a single antlered deer.

(8) $50 for a tag to kill a single quality buck.

(9) Vessels for hire shall pay to the Department or its duly authorized agents the following license fees:

a. $300 for a charter boat, as defined in § 906(9) of this title, license; and

b. $600 for a head boat, as defined in § 906(36) of this title, license.

(10) $40 for a boat fishing license for a boat 20 feet or less, $50 for a boat fishing license for a boat greater than 20 feet.

(11) $50 for a junior hunting license for a nonresident age 13 through 15.

(12) $300 for a fishing guide license and $475 for a hunting guide license.

(b) The criteria for issuing a tag pursuant to this section shall be established by the Department pursuant to § 103 of this title.
7 Del. C. § 2905 — Delaware Code / Title 7 / Chapter 29 / Section 2905
§ Â
        2905. Notification and transfer or assignment.
Status: in_force

(a) Any person holding a permit or license, or such persons authorized representative as provided herein, shall provide written notification to the Department of the intent to transfer or assign the permit or license, and provide such other information as may be necessary to establish the eligibility to make the transfer or assignment in accordance with this chapter.

(b) The Department shall process notifications as provided herein within 30 days of the date of receipt of the notification and other documentation, and provide a written response indicating approval or disapproval of the transfer or assignment. For any disapproval the Department shall indicate the reasons and any actions needed to obtain approval.

(c) Any permit or license which is approved for transfer or assignment by the Department shall include the allotment of catch or other entitlements associated with the permit or license.
7 Del. C. § 7207 — Delaware Code / Title 7 / Chapter 72 / Section 7207
§ Â
        7207. Application.
Status: in_force

(a) Each applicant for a lease, permit or grant, pursuant to this chapter, shall file with the Secretary a request stating in detail the type of lease, permit or grant desired, showing the location of the area and containing specifications for any proposed construction.

(b) The Secretary may require such additional information as will enable the Secretary to consider the application properly. The Secretary may require an environmental assessment to be provided if the Secretary determines that the proposed use or activity may have a substantial adverse effect upon the environment.

(c) The Secretary may request of any state agency a report or recommendation concerning any application before the Department.

(d) 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, notice that complies with the provisions of § 8032 of Title 29 and contains the following:

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

(2) A brief description of the nature of the application; and

(3) A statement that any interested person may submit a written public hearing request expressing opposition to the application.

(e) If the Secretary decides that a public hearing request is not meritorious, the Secretary shall then provide a written response so stating the Secretary’s reasons.
7 Del. C. § 1310 — Delaware Code / Title 7 / Chapter 13 / Section 1310
§ Â
        1310. Illegal possession of Atlantic sailfish, blue marlin, white marlin and striped marlin; penalties.
Status: in_force

(a) No person shall sell, possess for sale, offer for sale, offer to purchase, purchase, deliver for shipment, ship, cause to be shipped, deliver for transportation, transport or cause to be transported, carry or cause to be carried, by any means whatever, for the purpose of sale, or barter, the carcass, processed byproduct, or any portion thereof of any Atlantic sailfish (istiophorus americanus), blue marlin (makaira nigricans ampla), white marlin (makaira albida) or striped marlin (makaira mitsukurii).

(b) This section shall not apply to Atlantic sailfish, blue marlin, white marlin or striped marlin, whole, packed or processed in transportation in unbroken packages and coming from any other state or country, but such packages shall be clearly marked by stencil, tag or otherwise, showing the true origin of the shipment and its destination beyond the limits of this State.

(c) Any person, who violates any provision of this section shall be charged with a class B environmental misdemeanor.

(d) The Justice of the Peace Courts shall have jurisdiction of offenses under this section.
7 Del. C. § 1125 — Delaware Code / Title 7 / Chapter 11 / Subchapter II / Section 1125
§ Â
        1125. Sale of stamps; applications; price.
Status: in_force

(a) Licensing agents, who are authorized by the Department to sell fishing licenses, are authorized to sell Delaware trout fishing stamps, and for their sale shall be entitled to the compensation provided by § 511 of this title for the sale of migratory waterfowl stamps.

(b) Applications for the purchase of the said stamps shall be in a manner specified by the Department.

(c) The purchase price of the special trout fishing stamps shall be set by the Department annually, but the maximum prices shall be as follows:

(1) For Delaware residents: $4.20 for persons 16 years of age and older; and $2.10 for persons 12 to 16 years of age. Stamps are not required for any Delaware resident under 12 years of age.

(2) For nonresidents: $6.20. Stamps are not required for any nonresident under 12 years of age.
7 Del. C. § 6319 — Delaware Code / Title 7 / Chapter 63 / Subchapter II / Section 6319
§ Â
        6319. Waste-end assessments for persons generating, storing, treating and disposing of hazardous wastes [For application of this section, see 85 Del. Laws, c. 42, Â 10].
Status: in_force

(a) The Secretary is hereby authorized to impose and collect waste-end assessments in accordance with this section.

(b) The provisions of this section relating to paying an assessment apply to every person who is engaged in the generation, storage, treatment or disposal of a hazardous waste within this State and who is regulated by the Department under this chapter or any regulations promulgated thereunder.

(c) The information reporting requirements imposed under this section, as set forth in the form prescribed by the Department, shall, beginning January 1, 1996, be reported to the Department annually, due March 1, for the preceding calendar year.

(d) The annual assessment payments shall be paid to the Department October 1 of each year, the first of said assessment payments to be due October 1, 1987, in accordance with the Department fee regulations. The assessments paid to the Department under this section are hereby appropriated to the Division of Waste and Hazardous Substances and shall be used to carry out the purposes of this chapter.

(e) If any person fails or refuses to pay the Department any assessment or fails or refuses to file the written information with the Department pursuant to the requirements of this section, the Department may estimate the amount of said person’s assessment on the basis of any information known by the Department. The Department may then add to the said person’s estimated unpaid annual assessment a penalty in an amount equal to 15 percent of the estimated unpaid annual assessment. This penalty shall be in addition to, and not in lieu of, any other applicable penalties.

(f) For persons engaged in the generation of a hazardous waste, the annual assessment to be paid to the Department for hazardous waste generated after October 1, 1986, shall be calculated as follows:

(1) $50 per ton of hazardous waste generated that was disposed of into or on any land;

(2) $35 per ton of hazardous waste generated that was treated or disposed of, exclusive of land disposal and incineration, at a facility located off the site from where the hazardous waste was generated;

(3) $10 per ton of hazardous waste generated that was incinerated;

(4) For purposes of this subsection, the meaning of the phrase “generation of a hazardous waste” does not include the retrieval or creation of hazardous waste, which must be disposed of due to remediation of an inactive hazardous waste disposal site;

(5) Notwithstanding any provision of this subsection to the contrary, no assessment shall be imposed under this section for activities which the Department determines are for the resource recovery of any hazardous waste.

(g) For owners or operators of hazardous waste storage, treatment or disposal facilities regulated under this chapter, the annual assessment that is to be paid to the Department for hazardous waste that is stored, treated or disposed of after October 1, 1986, shall be calculated as follows:

(1) No assessment shall be imposed under this subsection for the disposal of hazardous waste where said hazardous waste was generated by a person subject to an assessment under subsection (f) of this section;

(2) $84 per ton of hazardous waste that was disposed of into or on any land;

(3) $64 per ton of hazardous waste that was stored, treated or disposed of, exclusive of land disposal, at any facility located off-site from where the hazardous waste was generated;

(4) Notwithstanding any provision of this subsection to the contrary, no assessment shall be imposed under this section for activities which the Department determines are for the resource recovery of any hazardous waste.

(h) The owner or operator of a hazardous waste transfer facility shall be assessed an annual fee, as established by the Department and approved by the General Assembly, for all waste stored at the facility not subject to the assessment provisions of this section. The timing of the assessment, payment and penalties shall be consistent with the requirements of this section.

(i) When calculating the amount of hazardous waste that is to be subject to any assessment under this section, if the person responsible for the assessment is involved with more than 1 type of hazardous waste being generated, treated, stored or disposed of, then the total amount of all the hazardous wastes being generated, treated, stored or disposed of by said person at any 1 site, shall be used to calculate the amount of the assessment.

(j) All of the requirements under this section that apply to persons who generate, treat, store or dispose of hazardous waste are in addition to and not in lieu of any other fees or requirements that must be complied with by said persons under any other statute, regulation, ordinance or permit condition.

(k) The Superior Court of the State shall have jurisdiction over actions to collect assessments and penalties under this section.
7 Del. C. § 4902 — Delaware Code / Title 7 / Chapter 49 / Section 4902
§ Â
        4902. Memorial to sailors.
Status: in_force

(a) The Department of State may have constructed in the Town of Lewes a memorial to sailors which may be either a building, monument, park or other appropriate construction, and which shall be given an official name by the Department of State, when it is completed.

(b) The Department of State may prepare plans, specifications and drawings and employ such needed assistants as are necessary, including an architect or architects; advertise for bids; require bidders to give proper bonds; reject any and all bids for reasons deemed sufficient to said Department of State; enter into agreements and contracts necessary to carry on the work of constructing the proposed memorial including contracts for services, labor and materials needful or proper for the purposes aforesaid or any of them; call upon any other department or agency of the state government for advice and assistance in planning the proposed memorial and to further the work of construction when necessary plans have been completed.
7 Del. C. § 2107 — Delaware Code / Title 7 / Chapter 21 / Section 2107
§ Â
        2107. Oyster Recovery Fund.
Status: in_force

(a) There is hereby established an Oyster Recovery Fund which shall be funded from the following sources:

(1) Fee received by the Department for oyster harvesting licenses;

(2) Revenue received by the Department for oyster harvest fees; and

(3) Fees received for leasing shellfish grounds in Delaware Bay.

(b) Oyster Recovery Funds shall be used by the Department for the following:

(1) To purchase shells to be placed on natural oyster beds;

(2) To purchase oysters to be placed on natural oyster beds;

(3) To conduct research on oysters; and

(4) To transfer oysters from one natural bed to another.
7 Del. C. § 6132 — Delaware Code / Title 7 / Chapter 61 / Section 6132
§ Â
        6132. Retention or protection of fill.
Status: in_force

Under a lease entered into by the Secretary pursuant to this chapter, the fill constituting filled lands may be retained in place or protected by bulkheads, seawalls, revetments or similar enclosures and may be placed at any location approved by the Secretary in consultation with interested agencies, boards and commissions.
7 Del. C. § 6801 — Delaware Code / Title 7 / Chapter 68 / Section 6801
§ Â
        6801. Purposes.
Status: in_force

Beaches of the Atlantic Ocean and Delaware Bay shoreline of Delaware are hereby declared to be valuable natural features which furnish recreational opportunity and provide storm protection for persons and property, as well as being an important economic resource for the people of the State. Beach erosion and shoreline migration occur due to the influence of waves, currents, tides, storms and rising sea level. These natural forces have created, and will continue to alter, the beaches of the State. Development and habitation of beaches must be done with due consideration given to the natural forces impacting upon them and the dynamic nature of those natural features. The purposes of this chapter are to enhance, preserve and protect the public and private beaches of the State, to mitigate beach erosion, to create civil and criminal remedies for acts destructive of beaches, to prescribe the penalties for such acts and to vest in the Department of Natural Resources and Environmental Control (“the Department”) the authority to adopt such rules and regulations it deems necessary to effectuate the purposes of this chapter.
7 Del. C. § 7412 — Delaware Code / Title 7 / Chapter 74 / Subchapter I / Section 7412
§ Â
        7412. Appeals.
Status: in_force

(a) Any person whose interest is substantially affected by any action of the Secretary may appeal to the Environmental Appeals Board in accordance with § 6008 of this title.

(b) Any person or party to an appeal before the Board who is substantially affected by a decision of the Board may appeal to the Superior Court in accordance with § 6009 of this title.
7 Del. C. § 5502 — Delaware Code / Title 7 / Chapter 55 / Section 5502
§ Â
        5502. Management of Delaware Geological Survey.
Status: in_force

The University of Delaware shall have general charge of the Survey and shall direct its operations.
7 Del. C. § 4193 — Delaware Code / Title 7 / Chapter 41 / Subchapter VI / Section 4193
§ Â
        4193. Ditches in Kent County; transfer by Department of Transportation to tax ditch.
Status: in_force

If any landowners in Kent County establish a tax ditch under this chapter, the Department of Transportation shall transfer to the tax ditch all its right, title and interest in and to any existing ditch or ditches, within the boundaries of the new tax ditch, which have previously been transferred to the Department under § 28 of Chapter 105 of the 1935 Revised Code of Delaware, and the Department shall delegate to the new tax ditch all its powers and duties in connection with the existing ditch or ditches.
7 Del. C. § 604 — Delaware Code / Title 7 / Chapter 6 / Section 604
§ Â
        604. Permits for importation of certain fish or wildlife.
Status: in_force

The Director of the Division of Fish and Wildlife may permit, under such terms and conditions as he or she may prescribe, the importation of any species or subspecies of fish or wildlife listed in this chapter for zoological, educational, and scientific purposes and for the propagation of such fish or wildlife in captivity for the preservation of a species, unless such importation is prohibited by any federal law or regulation.
7 Del. C. § 7409A — Delaware Code / Title 7 / Chapter 74A / Section 7409A
§ Â
        7409A. Financial responsibility.
Status: in_force

The Department shall promulgate regulations containing requirements for maintaining evidence of financial responsibility as deemed necessary and desirable for taking reasonable corrective action for property damage and bodily injury caused by accidental release arising from operating an aboveground storage tank. Evidence of financial responsibility may include, but not be limited to, insurance, guarantee, surety bond, letter of credit, proof of assets, or qualification as a self-insurer. In promulgating regulations under this section, the Department is authorized to specify policy or other contractual terms, conditions or defenses which are necessary or are unacceptable in establishing evidence of financial responsibility in order to effectuate the purposes of this section.
7 Del. C. § 7102 — Delaware Code / Title 7 / Chapter 71 / Subchapter I / Section 7102
§ Â
        7102. Short title.
Status: in_force

This chapter shall be known and may be cited as the “Delaware Noise Control Act”.
7 Del. C. § 6406 — Delaware Code / Title 7 / Chapter 64 / Subchapter I / Section 6406
§ Â
        6406. Powers of Authority.
Status: in_force

(a) The Authority shall have the power to:

(1) Approve and adopt an organizational structure to implement this chapter.

(2) Employ a staff to carry out the functions of the Authority.

(3) Establish offices where necessary in the State.

(4) Retain by contract legal counsel, auditors, engineers, private consultants, advisors or other contractual services required by the Authority.

(5) Sue and be sued.

(6) Have a seal and alter it at pleasure.

(7) Conduct such hearings, examinations and investigations as may be necessary and appropriate to the conduct of its operations and the fulfillment of its responsibilities.

(8) To procure and keep in force adequate insurance or otherwise provide for the adequate protection of its property, as well as to indemnify and save harmless it and its officers, agents or employees against loss or liability with respect to any risk to which it or they may be exposed in carrying out any function of the Authority.

(9) To design, construct, own and operate facilities.

(10) Obtain access to public records and apply for the process of subpoena if necessary to produce books, papers, records and other data.

(11) Charge reasonable fees for services it performs and waive, suspend, reduce or otherwise modify such fees when it is deemed appropriate to do so.

(12) Purchase, manage, lease or rent such real and personal property as it may deem necessary, convenient or desirable.

(13) Otherwise, do all things necessary for the performance of its duties, the fulfillment of its obligations, the conduct of its operations and the conduct of a comprehensive program for solid waste disposal and resources recovery, and for solid waste management services, in accordance with the state solid waste management plan, applicable statutes and regulations and the requirements of this chapter.

(14) Assume through contract or otherwise, any existing contract, grant or property right, or interest held by any person, partnership, corporation, municipality, county, state agency, federal agency or other legal entity, pertaining to solid waste storage, collection, transportation, treatment, processing, disposal, recycling, reuse or any other use.

(15) Determine the location and character of any project to be developed under this chapter, subject to the requirements of the statewide solid waste management plan, including the location of recycling centers, without the need to obtain land use approval.

(16) Purchase, receive by gift or otherwise, lease, exchange or otherwise acquire and construct, reconstruct, improve, maintain, equip and furnish such waste management projects as are called for by the state solid waste management plan.

(17) Sell or lease to any person, all or any portion of a waste management project, for such consideration and upon such terms as the Authority may determine to be reasonable.

(18) Mortgage or otherwise encumber all or any portion of a project whenever, in the opinion of the Authority, such action is deemed to be in furtherance of the purposes of this chapter.

(19) Grant options to purchase, or to renew a lease for, any Authority waste management project on such terms as the Authority may determine to be reasonable.

(20) Acquire, by purchase, gift, transfer or by condemnation for public purposes, and manage and operate, hold and dispose of real property and, subject to agreements with lessors or lessees, develop or alter such property by making improvements and betterments with the purpose of enhancing the value and the usefulness of such property.

(21) Make plans, surveys, studies and investigations necessary or desirable, in conformity with the state plan and with due consideration for local or regional plans, to carry out authority functions with respect to the acquisition, use and development of real property and the design and construction of systems and facilities.

(22) Make short and long range plans, consistent with the state solid waste management plan, for the storage, collection, transportation or processing and disposal of solid wastes and recovered resources by the authority-owned facilities.

(23) Design or provide for the design of solid waste management facilities including design for the alteration, reconstruction, improvement, enlargement or extension of existing facilities.

(24) Construct, erect, build, acquire, alter, reconstruct, improve, enlarge or extend waste management projects including provision for the inspection and supervision thereof and the engineering, architectural, legal, fiscal and economic investigations and studies, surveys, designs, plans, working drawings, specifications, procedures and any other actions incidental thereto.

(25) Own, operate and maintain solid waste management projects and make provision for their management and for the manufacturing, processing and transportation operations necessary to derive recovered resources from solid waste, and contracting for the sale of such.

(26) Enter upon lands and waters, as may be necessary, to make surveys, soundings, borings and examinations in order to accomplish the purposes of this chapter.

(27) Contract with municipal, county and regional authorities, state agencies and persons to provide waste management services in accordance with this chapter and to plan, design, construct, manage, operate and maintain solid waste disposal and processing facilities on their behalf.

(28) Design and construct improvements or alterations on properties which it owns or which it operates by contract on behalf of municipal or regional authorities.

(29) Contract for services in the performance of architectural and engineering design, the supervision of design and construction, system management and facility management, for such professional or technical services as are required, and for such other professional or technical services as may require either prequalification of a contractor or the submission by any person, firm or consortium or association of persons or firms of a proposal in response to an official request for proposal or similar written communication of the Authority, whenever such services are, in the discretion of the Authority, deemed necessary, desirable or convenient in carrying out the purposes of the Authority.

(30) Contract for the construction of solid waste facilities with individuals or firms, or consortiums of such individuals or firms, pursuant to applicable provisions of this chapter, the requirements of applicable regulations and the state plan and in accordance with such specifications, terms and conditions as the Authority may deem necessary or advisable.

(31) Control, through regulation or otherwise, the collection, transportation, storage and disposal of solid waste, including the diversion of solid waste within specified geographic areas to facilities owned, operated or controlled by the Authority; provided, however, that such power shall not extend to the collection, transportation, transfer and storage of hazardous wastes as defined in § 6302(8) of this title, except to the extent that the Authority engages in activities authorized under § 6452(8) of this title.

(32) Issue bonds or notes in anticipation of the issuance of bonds, or otherwise, to finance any of the purposes of this chapter, lend the proceeds of such obligations to any person to effectuate any of the purposes of this chapter, contract with any person in any manner deemed advisable by the Authority to secure the payment of such obligations and to pledge such contracts as security for the payment of such obligations.

(b) Any contract for construction valued at over $25,000 shall be let by the Authority pursuant to the process of open or competitive bidding, provided, the Authority shall have power to determine the format, contents and scope of any contract for a solid waste management project, the conditions under which bidding shall take place and the schedule and stipulations for a contract award. The Authority shall also have power to select the contractor deemed to have submitted the most responsive bid, price and other factors considered, when, in the judgment of the Authority, such award is in the best interests of the State. The Authority may in its discretion negotiate and enter into a contract or contracts with a single source when it is desirable to do so.
7 Del. C. § 6056 — Delaware Code / Title 7 / Chapter 60 / Subchapter III / Section 6056
§ Â
        6056. Adopting diversion goals and reporting requirements.
Status: in_force

It is the intent of the General Assembly that implementation of the requirements of this subchapter reduce the amount of nonhazardous solid waste currently deposited in landfills in this State by maximizing the recovery of recyclable materials. In order to do so, it will be necessary for the State to embrace the Zero Waste Principles of designing and managing products and processes to systematically avoid and eliminate the volume and toxicity of waste and materials, conserve and recover all resources, and not incinerate or bury them. In that spirit, the following Interim Waste Diversion Goals are established with the understanding that as more data and information regarding the implementation of universal recycling become available, the goals leading up to January 1, 2020, may be modified by the Department as circumstances dictate; however, the January 1, 2020, goals may not be modified without the approval of the General Assembly:

(1) In order to effectively measure the diversion rates being achieved, all persons, including persons who collect, process or market recyclables, with the exception of those specified in § 6053(5) of this title, must report to the Department on a calendar year basis, no later than February 15 of the following year, the type and quantity of recyclables managed, the method of recycling collection used (single or multiple streams), and the location of the recycling facilities used pursuant to reporting guidance developed by the Department and the Recycling Public Advisory Council. Said reporting guidance shall be developed pursuant to the solicitation of stakeholders responsible for reporting, shall take into account the need for confidentiality of the information reported and shall be finalized no later than December 1, 2010. The first recycling report shall cover calendar year 2011 and shall be due no later than February 15, 2012.

(2) In order to ensure that the waste diversion goals specified in Table 1 of this section above are achieved by the dates specified, the Department, in cooperation with the Recycling Public Advisory Council [RPAC], shall assess progress and recommend to the Governor and General Assembly any additional mechanisms necessary including but not limited to: which waste streams must be diverted from disposal; the parties responsible for ensuring the identified waste streams are diverted from disposal; the date by which the diverted waste streams must be diverted from disposal; implementation of Pay As You Throw; Extended Producer Responsibility; incentive based recycling; waste bans and related requirements. Such assessment shall be completed, inclusive of any draft legislation determined necessary, and submitted to the General Assembly no later than November 1, 2014, as part of the RPAC annual report.
7 Del. C. § 9202 — Delaware Code / Title 7 / Chapter 92 / Section 9202
§ Â
        9202. Transfer of an establishment; filing procedures [Effective upon promulgation of regulations by the Secretary pursuant to Ââ9203(c) of this title].
Status: in_force

(a) A person may not transfer an establishment except in accordance with the provisions of this chapter.

(b) Prior to the transfer of an establishment, the transferor(s) or the transferee(s) shall conduct all appropriate inquiry, pursuant to the standards set forth in the provisions and regulations pursuant to § 9105 of this title.

(c) Prior to the transfer of an establishment, the transferor(s) or the transferee(s) must submit to the Secretary and the transferor(s) and transferee(s), all documents prepared or identified pursuant to subsection (b) of this section above.

(d) Nothing contained in this chapter may be construed to enlarge, abridge, diminish or create an innocent-landowner defense pursuant to § 9105(c)(2) of this title.

(e) Failure of the Secretary to notify a party in accordance with the provisions of this chapter does not constitute a waiver and does not limit the authority of the Secretary to enforce the provisions of this chapter.
7 Del. C. § 7409 — Delaware Code / Title 7 / Chapter 74 / Subchapter I / Section 7409
§ Â
        7409. Delaware Underground Petroleum Storage Tank Response Fund.
Status: in_force

(a) The Delaware Underground Petroleum Storage Tank Response Fund is hereby established as a nonlapsing revolving fund to be used by the Department for the investigation and remediation of petroleum underground storage tank release. All expenses, costs and judgments recovered pursuant to this section, and all moneys received as reimbursement in accordance with applicable provisions of federal law, shall be and hereby are appropriated to the Fund. Interest earned on the Fund shall be credited to the Fund. No moneys shall be credited to the balance in the Fund until they have been received by the Fund. The Fund shall be established in the accounts of the State Treasurer and any funds remaining in such Fund at the end of the fiscal year shall not revert to the General Fund but shall remain in the Fund.

The Fund shall be administered by the Department of Natural Resources and Environmental Control consistent with the provisions of Subtitle I of the federal Solid Waste Disposal Act (P.L. 98-616, § 9001 et seq.) [42 U.S.C. § 6991 et seq.]. The Fund shall be maintained in a separate account. An accounting of moneys received and disbursed shall be kept, and furnished upon request to the Governor or the General Assembly.

(b) Disbursements from the Fund may be made only in accordance with regulations promulgated by the Department and for the following purposes:

(1) Costs incurred in investigation and assessment of a site otherwise eligible hereunder.

(2) Costs associated with restoration or replacement of potable water supplies.

(3) Costs incurred in taking corrective action for any release of petroleum into the environment from an underground storage tank which are in excess of the minimum financial responsibility requirement imposed up to $1,000,000 per occurrence per facility.

(4) Costs incurred in compensating third parties for bodily injury and property damage caused by release of petroleum into the environment from an underground storage tank, up to $1,000,000 per occurrence per facility.

(5) Costs incurred in taking immediate corrective action to contain or mitigate the effects of any release of petroleum into the environment from an underground storage tank if such action is necessary, in the judgment of the Department, to protect human health and the environment.

(6) Costs associated with maintenance and monitoring of contamination sites.

(7) Costs incurred in inspection and supervision of cleanup activities.

(8) The “cost share” of corrective action with respect to any release of petroleum into the environment from underground storage tanks undertaken under a cooperative agreement with the Administrator of the United States Environmental Protection Agency, as determined by the Administrator of the United States Environmental Protection Agency, § 9003(h)(7)(B) of P.L. 98-616 (as amended in 1986 by P.L. 99-499) [42 U.S.C. § 6991b(h)(7)(B)].

(c) Disbursements from the Fund may not be made for any purpose not identified in subsection (b) of this section including, but not limited to:

(1) Costs incurred in the Department’s administration of the underground storage tank program.

(2) Costs incurred by the State to recover from any party costs charged to the Fund.

Such expenses will be funded by the tank registration fee established pursuant to § 7418 of this title.
7 Del. C. § 4319 — Delaware Code / Title 7 / Chapter 43 / Subchapter III / Section 4319
§ Â
        4319. Existing works of improvement; compensation for work done thereon.
Status: in_force

The board of lagoon management commissioners may deem adequate any works of improvement already performed, including but not limited to dredging, and may allow a fair compensation to landowners for work previously done by them on such works of improvement.
7 Del. C. § 6013 — Delaware Code / Title 7 / Chapter 60 / Subchapter II / Section 6013
§ Â
        6013. Criminal penalties.
Status: in_force

(a) Any person who wilfully or negligently:

(1) Violates § 6003 of this title, or violates any condition or limitation included in a permit issued pursuant to § 6003 of this title, or any variance condition or limitation, or any rule or regulation, or any order of the Secretary; or

(2) Violates any requirements of a statute or regulation respecting monitoring, recording and reporting of a pollutant or air contaminant discharge; or

(3) Violates a pretreatment standard or toxic effluent standard with respect to introductions of pollutants into publicly owned treatment works

shall be punished by a fine of not less than $2,500 nor more than $25,000 for each day of such violation.

(b) Any person who intentionally, knowingly, or recklessly:

(1) Makes any false statement, representation or certification in any application, record, report, plan or other document filed or required to be maintained under this chapter, or under any permit, rule, regulation or order issued under this chapter; or

(2) Who falsifies, tampers with or renders inaccurate any monitoring device or method required to be maintained under this chapter,

shall upon conviction be punished by a fine of not less than $500 nor more than $10,000 or by imprisonment for not more than 6 months, or both.

(c) Any person who intentionally or knowingly:

(1) Violates § 6003 of this title, or violates any condition or limitation included in a permit issued pursuant to § 6003 of this title, or any variance condition or limitation, or any rule or regulation, or any order of the Secretary; or

(2) Violates any requirements of a statute or regulation respecting monitoring, recording and reporting of a pollutant or air contaminant discharge; or

(3) Violates a pretreatment standard or toxic effluent standard with respect to introductions of pollutants into publicly owned treatment works,

and who causes serious physical injury to another person or serious harm to the environment as one result of such conduct, shall be guilty of a class D felony and shall, upon conviction, be sentenced in compliance with the sentencing guidelines established for class D felonies in § 4205 of Title 11.

(d) Any person:

(1) Who intentionally or knowingly makes any false statement, representation or certification in any application, record, report, plan or other document filed or required to be maintained under this chapter, or under any permit, rule, regulation or order issued under this chapter; or

(2) Who falsifies, tampers with or intentionally or knowingly causes to be rendered inaccurate any monitoring device or method required to be maintained under this chapter,

and who causes serious physical injury to another person or serious harm to the environment as 1 result of such conduct, shall be guilty of a class D felony and shall, upon conviction, be sentenced in compliance with the sentencing guidelines established for class D felonies in § 4205 of Title 11.

(e) Any officer of any corporation, manager of any limited liability company, or general partner of any limited partnership conducting business in the State who intentionally or knowingly authorizes or directs said business entity or its employees or agents to:

(1) Falsify or conceal any material fact required to be disclosed to the Department;

(2) Destroy, conceal or alter any records that the corporation is required by this title, the Department’s regulations, or an order of the Department to maintain; or

(3) Commit any act in violation of this title or rules promulgated by the Department;

shall upon conviction be punished by a fine of not less than $500 nor more than $10,000 or by imprisonment for not more than 6 months, or both. If an act described in this subsection causes serious physical injury to another person or serious harm to the environment as one result of such an act, the officer, manager or general partner committing the act shall be guilty of a class D felony and shall, upon conviction be sentenced in compliance with the sentencing guidelines established for class D felonies in § 4205 of Title 11. Nothing in this subsection shall be read to establish any additional elements for conviction of the criminal offenses described in subsections (a) through (d) of this section.

(f) Each day of violation with respect to acts or omissions described in this section shall be considered as a separate violation.

(g) The Superior Court shall have exclusive jurisdiction over prosecutions brought pursuant to subsections (a)-(e) of this section. Prosecutions pursuant to subsection (h) of this section may be brought in the jurisdiction of the Courts of the Justices of the Peace.

(h) Whoever violates this chapter, or any rule or regulation promulgated thereunder, or any rule or regulation in effect as of July 26, 1974, or any permit condition, or any order of the Secretary, shall:

(1) For the first conviction, be fined $500 for each day of violation;

(2) For a subsequent conviction for the same offense within a 10-year period, be fined $5,000 for each day of violation; and

(3) In addition to the penalties provided in paragraphs (h)(1) and (h)(2) of this section, if the offense involves the failure to acquire a permit as required under this chapter, the offender shall be assessed the cost of the permit, plus a 25% surcharge, in addition to the fine.

(4) No less than 40% of penalties collected under paragraphs (h)(1), (h)(2), and (h)(3) of this section must be deposited in the Community Environmental Project Fund established in § 6042 of this title. The remaining 60% of criminal penalties collected under this paragraph must be appropriated to the Department.

(i) Any person prosecuted pursuant to subsection (h) of this section shall not be prosecuted for the same offense under subsections (a)-(e) of this section.

(j) The terms “intentionally,” “knowingly,” “recklessly,” “negligently,” and “serious physical injury,” as used in this section, shall have the meanings assigned to them by Chapter 2 of Title 11.

(k) The term “serious harm to the environment” shall mean damage to the air, water or soil which has or will, beyond a reasonable doubt, cause serious physical injury to any persons working at the facility in question or persons within the State.

(l) It is an affirmative defense to a prosecution that the specific conduct charged was freely and knowingly consented to by the person endangered and that the danger and conduct charged were reasonably foreseeable hazards of:

(1) An occupation, a business or a profession; or

(2) Medical treatment or medical or scientific experimentation conducted by professionally approved methods and such other person had been made aware of the risks involved prior to giving consent.

The defendant may establish an affirmative defense under this subsection by a preponderance of the evidence. The provisions of this subsection are subject to the restrictions enumerated at § 453 of Title 11.

(m) All general defenses affirmative defenses, and bars to prosecution that may apply with respect to other criminal offenses may apply under this section.
7 Del. C. § 792 — Delaware Code / Title 7 / Chapter 7 / Subchapter VI / Section 792
§ Â
        792. Legal limit on bullfrogs; penalty.
Status: in_force

No person shall take or kill more than 24 bullfrogs in any 1 day or night, or have the same in that person’s possession for more than 5 days after the close of the season for killing excepting when they are had in possession alive for scientific or propagating purposes.

Whoever violates this section shall be guilty of a class D environmental violation.
7 Del. C. § 3923 — Delaware Code / Title 7 / Chapter 39 / Subchapter II / Section 3923
§ Â
        3923. Use of appropriated money in Sussex, Kent and New Castle Counties.
Status: in_force

The money appropriated pursuant to § 3921 of this title shall be used by the Division of Watershed Stewardship to pay or assist in paying all costs including personnel required for planning, construction, installation and maintenance of tax ditches, public group ditches, highway ditches and resource conservation projects in Sussex, Kent and New Castle Counties, which tax ditches shall be organized under Chapter 41 of this title; Article 2, Chapter 65, and Article 1, Chapter 105 of the 1935 Revised Code of Delaware; and which public group ditches shall be ditches providing water management and drainage for groups of landowners and for landowners and portions of state highways and for which necessary construction permits, easements or rights-of-way for construction and maintenance operations shall have been acquired by this State or by Sussex, Kent or New Castle County, and which highway ditches shall be ditches maintained by the public on state or county-owned easements or rights-of-way adjacent to the roads of Sussex, Kent or New Castle County, and which resource conservation projects shall be defined in applications or project plans submitted to the Secretary of the United States Department of Agriculture for Watershed Planning or Resource Conservation and Development assistance. The money appropriated shall be paid from time to time by the State Treasurer and the governments of Sussex, Kent and New Castle Counties to the Division of Watershed Stewardship, or to the Sussex Conservation District, the Kent Conservation District, or the New Castle Conservation District, or directly to the contractors and suppliers furnishing work, labor, services and materials for such projects or to landowners for rights-of-way or easements, or shall be paid or otherwise made available to other state agencies for work, labor, services and materials for certain portions of such projects as shall be determined by the Division and upon certification by the Division that such payments are proper and for the purposes authorized by this section.
7 Del. C. § 6005 — Delaware Code / Title 7 / Chapter 60 / Subchapter II / Section 6005
§ Â
        6005. Enforcement; civil and administrative penalties; expenses.
Status: in_force

(a) The Secretary shall enforce this chapter.

(b) Whoever violates this chapter or any rule or regulation duly promulgated thereunder, or any condition of a permit issued pursuant to § 6003 of this title, or any order of the Secretary, shall be punishable as follows:

(1) If the violation has been completed, by a civil penalty imposed by Superior Court of not less than $5,000 nor more than $40,000 for each completed violation. Each day of continued violation shall be considered as a separate violation. The Superior Court shall have jurisdiction of a violation in which a civil penalty is sought. If the violation has been completed and there is a substantial likelihood that it will reoccur, the Secretary may also seek a permanent or preliminary injunction or temporary restraining order in the Court of Chancery.

(2) If the violation is continuing, the Secretary may seek a monetary penalty as provided in paragraph (b)(1) of this section. If the violation is continuing or is threatening to begin, the Secretary may also seek a temporary restraining order or permanent injunction in the Court of Chancery. In the Secretary’s discretion, the Secretary may endeavor by conciliation to obtain compliance with all requirements of this chapter. Conciliation shall be giving written notice to the responsible party:

a. Specifying the complaint;

b. Proposing a reasonable time for its correction;

c. Advising that a hearing on the complaint may be had if requested by a date stated in the notice; and

d. Notifying that a proposed correction date will be ordered unless a hearing is requested.

If no hearing is requested on or before the date stated in the notice, the Secretary may order that the correction be fully implemented by the proposed date or may, on the Secretary’s own initiative, convene a hearing, in which the Secretary shall publicly hear and consider any relevant submission from the responsible party as provided in § 6006 of this title.

(3) In the Secretary’s discretion, the Secretary may impose an administrative penalty of not more than $40,000 for each day of violation. Prior to assessment of an administrative penalty, written notice of the Secretary’s proposal to impose such penalty shall be given to the violator, and the violator shall have 30 days from receipt of said notice to request a public hearing. A public hearing, if requested, right of appeal, and judicial appeal shall be conducted pursuant to § § 6006-6009 of this title. Assessment of an administrative penalty shall be determined by the nature, circumstances, extent and gravity of the violation, or violations, ability of violator to pay, any prior history of such violations, the degree of culpability, economic benefit or savings (if any) resulting from the violation and such other matters as justice may require. Simultaneous violations of more than 1 pollutant or air contaminant parameter or of any other limitation or standard imposed under this chapter shall be treated as a single violation for each day. In the event of nonpayment of the administrative penalty after all legal appeals have been exhausted, a civil action may be brought by the Secretary in Superior Court for collection of the administrative penalty, including interest, attorneys’ fees and costs, and the validity, amount and appropriateness of such administrative penalty shall not be subject to review.

(c) (1) Whenever the Secretary determines that any person has violated this chapter, or a rule, or regulation, or condition of a permit issued pursuant to § 6003 of this title, or an order of the Secretary, said person shall be liable for all expenses incurred by the Department:

a. In abating the violation; or

b. Controlling a pollution incident related to the violation; or

c. Cleanup and restoration of the environment; or

d. The costs incurred by the Department in recovering such expenses.

Such expenses shall include, but not be limited to, the costs of investigation, legal fees and assistance, public hearings, materials, equipment, human resources, contractual assistance and appropriate salary and overtime pay for all state employees involved in the effort notwithstanding merit system laws, regulations or rules to the contrary. The Secretary shall submit a detailed billing of expenses to the liable person.

(2) In the event the liable person desires to challenge the detailed billing submitted by the Secretary, such person shall, within 20 days of receipt of the detailed billing request an administrative hearing before the Secretary. Testimony at the administrative hearing shall be under oath and shall be restricted to issues relating to:

a. The finding of violation; and

b. The billing of expenses submitted by the Secretary.

A verbatim transcript of testimony at the hearing shall be prepared and shall, along with the exhibits and other documents introduced by the Secretary or other party, constitute the record. The Secretary shall make findings of fact based on the record, and enter an order which shall contain reasons supporting the decision. An appeal of the decision of the Secretary may be perfected to Superior Court within 30 days of the decision of the Secretary. In lieu of holding an administrative hearing on the detailed billing, or in the event a liable person fails or refuses to pay any of the expenses listed in the detailed billing, the Secretary may seek to compel payment through the initiation of a civil action in any court of competent jurisdiction within the State of Delaware. This subsection shall not be affected by the appeal provisions of § 6008 of this title.

(d) Any expenses and 60% of civil or administrative penalties collected by the Department under this section are hereby appropriated to the Department to carry out the purposes of this chapter; however any expenditure or transfer must be approved by the Director of the Office of Management and Budget and the Controller General. The Department shall submit quarterly reports on the progress of the expenditures and/or projects. All expenditures must be recommended by the Department and approved by the Secretary. All penalty funds will be deposited in the Penalty Fund Account. All of the penalty fund expenditures made by the Department of Natural Resources and Environmental Control shall be reported annually to the Joint Finance Committee in the Department’s annual budget presentation. Included in this presentation shall be an explanation of the process used to select the recipients of penalty fund money.

(e) Penalties or fines created by this section may be tripled with respect to any person or entity that was designated a chronic violator pursuant to § 7904 of this title at the time that the act leading to the penalty or fine occurred.
7 Del. C. § 924 — Delaware Code / Title 7 / Chapter 9 / Section 924
§ Â
        924. Unattended fishing equipment.
Status: in_force

(a) No person shall leave fixed fishing equipment that is being fished in the tidal waters of this State unattended for any longer than 48 hours unless inclement weather provides for unsafe navigation.

(b) No person shall leave drifting fishing equipment that is being fished in the tidal waters of this State unattended at any time; insofar that the person fishing said drifting fishing equipment shall remain on his or her vessel and within sighting distance of said equipment.
7 Del. C. § 7416A — Delaware Code / Title 7 / Chapter 74A / Section 7416A
§ Â
        7416A. Environmental liens; recovery of expenditures [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 expended by the State related to investigating a release or suspected release of a regulated substance from an aboveground storage tank including, but not limited to, performing inspections, tests and repairs, release detection monitoring, site assessments, removal of regulated substances, removal or closure in place of any part of the aboveground storage tank, actions necessary to abate an emergency situation such as installing water treatment, supplying water, installing wells, and removing contaminated media, and abating hazardous vapors, as well as other necessary corrective actions 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 activities take 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 funds have been expended by the State pursuant to § 7406A of this title 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 corrective action at the property as described in subsection (a) of this section 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 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 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.

(j) The provisions of this section shall not apply to those classes of aboveground storage tanks set forth in § 7404A(a)(1), (3) and (4) of this title.
7 Del. C. § 4341 — Delaware Code / Title 7 / Chapter 43 / Subchapter IV / Section 4341
§ Â
        4341. Meeting to organize tax lagoon; notice.
Status: in_force

(a) The Division of Watershed Stewardship, at its earliest convenience after the lagoon order becomes final, shall call a meeting of the taxables for the purpose of organizing the proposed tax lagoon, including the election of lagoon managers, as called for in the lagoon order, and a secretary-treasurer; the formulation of a plan for dredging the proposed tax lagoon; and levying taxes to cover the costs of construction and maintenance.

(b) The Division of Watershed Stewardship shall send a notice to every taxable by first class mail to that landowner’s address as currently recorded by the board of assessment of the county at least 10 days prior to that meeting stating the time, place and object of the meeting.

(c) A notice of the meeting shall be sent to the chairperson of the board of supervisors of the county soil conservation district.
7 Del. C. § 6028 — Delaware Code / Title 7 / Chapter 60 / Subchapter II / Section 6028
§ Â
        6028. Report of discharge of pollutant or air contaminant.
Status: in_force

(a) Any person who causes or contributes to an environmental release or to the discharge of an air contaminant into the air, or a pollutant, including petroleum substances, into surface water, groundwater or on land, or disposal of solid waste in excess of any reportable quantity specified under either regulations implementing § 102 of the Federal Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended [42 U.S.C. § 9602], § 311 of the Clean Water Act of 1980, as amended [33 U.S.C. § 1321], or Department regulations, whichever restriction is most stringent, shall report such an incident to the Department as soon as the person has knowledge of said environmental release or discharge and activating their emergency site plan if appropriate unless circumstances exist which make such notification impossible. Such initial notification shall be made in person or by telephone to a number specifically assigned by the Department for this purpose and shall include, to the maximum extent practicable, the following information:

(1) The facility name and location of release;

(2) The chemical name or identity of any substance involved in the release;

(3) An indication of whether the substance is an extremely hazardous substance;

(4) An estimate of the quantity of any such substance that was released into the environment;

(5) The time and duration of the release;

(6) The medium or media into which the release occurred;

(7) Any known or anticipated acute or chronic health risks associated with the emergency and, where appropriate, advice regarding medical attention necessary for exposed individuals;

(8) Proper precautions to take as a result of the release, including evacuation (unless such information is readily available to the community emergency coordination pursuant to the emergency plan);

(9) The names and telephone number of the person or persons to be contacted for further information; and

(10) Such other information as the Department may require.

This information shall be made available to the public by posting on the Department’s internet web site no later than 1 business day after the release is reported. Discharges in compliance with a validly issued state permit or in compliance with other state and federal regulations are exempt from the reporting requirement.

(b) The Department shall adopt regulations revising the list, referred to in subsection (a) of this section, of pollutants environmental releases or air contaminants and their reportable quantities which are to be reported to the Department.

(c) The reporting requirements under this section are in addition to and not in lieu of, any other discharge reporting requirements found in any other state, federal, county or local government permits, regulations or ordinances.

(d) At the Department’s discretion, the Department may require said person to file a written report with the Department describing in detail the facts and circumstances of the discharge and measures proposed to prevent such discharge from occurring in the future.

(e) Discharges of an air contaminant or pollutant (including petroleum substances) that are wholly contained within a building are exempt from the reporting requirements.

(f) Any person who violates this section or any rule or regulation duly promulgated hereunder shall be punishable in accordance with the enforcement provisions of this chapter.
7 Del. C. § 3907 — Delaware Code / Title 7 / Chapter 39 / Subchapter I / Section 3907
§ Â
        3907. Organization of board; quorum; expenses of district supervisors.
Status: in_force

The board of district supervisors annually shall designate by election 1 of its members to be its chairperson, and shall designate future chairpersons by the same means. A majority of the board shall constitute a quorum, but the concurrence of a majority of the entire board on any matter within its duties shall be required for its determination, except as the board may invest any of its supervisors with power to determine specified matters or to perform routine duties. The board shall be authorized, in its discretion, to reimburse supervisors for their expenses, including travel expenses, necessarily incurred in the discharge of their duties as members of the board.

Any district supervisor may be removed from office by the Department of Natural Resources and Environmental Control, upon notice and hearing, for neglect of duty or misconduct, but for no other reason.
7 Del. C. § 506 — Delaware Code / Title 7 / Chapter 5 / Subchapter I / Section 506
§ Â
        506. License requirements for nonresidents; use of license information.
Status: in_force

(a) Every nonresident, except as otherwise provided in this chapter, shall obtain a general license before hunting, trapping, fishing, clamming, or crabbing in this State. Every nonresident required to obtain a hunting license who was born after January 1, 1967, shall have satisfactorily completed not less than 10 hours of instruction, which includes the safe and proficient use of hunting equipment, hunter responsibility, principles of wildlife management, wildlife identification, and, to the degree practical, a live firing experience before such person makes application for a hunting license. This instruction is to be provided by personnel of the Department or its authorized agents. Proof of completion of authorized hunter education courses of other states or Canadian provinces shall be accepted and deemed having met the instruction requirement.

(b) Every nonresident required to obtain a trapping license who was born after January 1, 1978, shall have satisfactorily completed a course in trapping education approved by the Department before such person makes application for a trapping license.

(c) The Social Security number of the applicant shall be included on the application for any nonresident’s license. The information contained within hunting, fishing, and trapping licenses and related databases may not be made available to the public. Government agencies may use license information for law-enforcement purposes involving fish and wildlife investigations, for research purposes involving hunting, trapping, or fishing harvest surveys conducted by Department scientists, excluding Social Security information, or as otherwise authorized by law.

(d) The Department may use or provide a contractor with license information, excluding Social Security information, for the following limited purposes:

(1) Retaining or recruiting hunters, trappers, and anglers.

(2) Sustaining and increasing associated license sales.

(e) Any contractor selected by the Department pursuant to subsection (d) of this section shall be subject to a confidentiality agreement that prevents the contractor from releasing, transferring, or using license information for any other purposes.
7 Del. C. § 702 — Delaware Code / Title 7 / Chapter 7 / Subchapter I / Section 702
§ Â
        702. Game birds.
Status: in_force

The following shall be considered game birds: The Anatidae, commonly known as geese, brant and river and sea ducks; the Rallidae, commonly known as rails, coots, mudhens and gallinules; the Limicolae, commonly known as shore birds, plovers, surf birds, snipe, woodcock, sandpipers, tattlers and curlews; the Gallinae, commonly known as wild turkeys, grouse, prairie chickens, pheasants, chukar partridges, partridges and quail; also the reed bird of the Icteridae; and the dove.
7 Del. C. § 6203 — Delaware Code / Title 7 / Chapter 62 / Section 6203
§ Â
        6203. Pollution of waters and lands prohibited.
Status: in_force

The discharge of oil which causes an incident is prohibited.
7 Del. C. § 6121 — Delaware Code / Title 7 / Chapter 61 / Section 6121
§ Â
        6121. Commencing of operations for drilling.
Status: in_force

Subject to the lessee’s right to surrender, the lessee shall commence operations for the drilling of a well within 5 years from date of the lease and commence production within 3 years of discovery of oil, gas, sulphur or other minerals in paying quantities, unless the Secretary shall have, for cause, granted an extension of time for such act. In addition, the lease shall have such exploratory, drilling and producing requirements as the Secretary deems necessary to encourage the exercise of due diligence on the part of the lessee.
7 Del. C. § 4734 — Delaware Code / Title 7 / Chapter 47 / Subchapter II / Section 4734
§ Â
        4734. Subcommittees.
Status: repealed

(a) The Board may create subcommittees as needed to assist the Corporation in fulfilling its purposes and obligations. Each subcommittee shall have a Director of the Board serve as Chair and may include persons that are not directors of the Board.

(1)-(6) [Repealed.]

(b)-(d) [Repealed.]
7 Del. C. § 4310 — Delaware Code / Title 7 / Chapter 43 / Subchapter III / Section 4310
§ Â
        4310. Nature of a tax lagoon.
Status: in_force

A tax lagoon organized under this chapter shall constitute a governmental subdivision of this State and a public body, corporate and politic, exercising public powers.
7 Del. C. § 6084 — Delaware Code / Title 7 / Chapter 60 / Subchapter VI / Section 6084
§ Â
        6084. Source Water Protection Citizen and Technical Advisory Committee.
Status: in_force

The Secretary shall consult a citizen and technical advisory committee, as established by the Delaware Source Water Assessment Plan, on matters related to the implementation of the Source Water Assessment Plan and the requirements of this statute.
7 Del. C. § 4335 — Delaware Code / Title 7 / Chapter 43 / Subchapter III / Section 4335
§ Â
        4335. Exclusive procedure for determination of damages.
Status: in_force

The determination, assessment or award of damages or other compensation to be paid to any landowner in connection with the formation of a tax lagoon shall be made under and in accordance with this chapter. Chapter 61 of Title 10 shall not be applicable to proceedings to organize a tax lagoon under this chapter.
7 Del. C. § 7710 — Delaware Code / Title 7 / Chapter 77 / Section 7710
§ Â
        7710. Inspection.
Status: in_force

(a) Inspection program components. — Essential components of a facility inspection shall include at a minimum:

(1) A sampling of all required risk management program documentation;

(2) A physical inspection of equipment associated with the process containing the EHS to verify implementation of the risk management program;

(3) Evidence of the application of engineering and maintenance standards associated with EHS substances; and

(4) Sampling interviews of personnel associated with EHS to verify that the provisions of the risk management program have been implemented.

(b) Confidential information. — All documents (such as, but not limited to: inspection reports, responses to inspection reports, notices of violation, administrative orders and penalties, correspondences and facility RMPs) submitted to the Department or developed by the Department pursuant to this chapter shall be handled consistent with the Freedom of Information Act (Chapter 100 of Title 29) with the exception of the following which shall be maintained as confidential by the Department:

(1) Sections of inspection notes containing or relating to trade secrets, and/or commercial or financial information observed, viewed or obtained orally during an inspection that may result in substantial harm to a business’ competitive edge.

(2) Sections of inspection notes containing the identity of persons interviewed during the inspection.

(c) Inspection schedule. — The Department shall develop and issue a phased initial inspecting program on the basis of degree of risk. Facilities with extremely hazardous substances having the highest substance hazard indexes shall be inspected before facilities with lower indexed extremely hazardous substances. Facility inspections shall continue during the regulation revision process and be an integral part of the revised regulation. The Department shall develop an inspection schedule, so that it can ensure and evaluate compliance with this title, including any regulations or requirements adopted by the Secretary in furtherance of the purposes of this title.

The Department may determine the frequency of inspection of a specific facility, based on:

(1) Risk;

(2) Compliance history;

(3) The recent occurrence of an incident involving an extremely hazardous substance; or

(4) Recent compliance with this chapter.

The Department will provide covered facility owners and/or operators with 24-hour advance notice before inspections, except:

(1) If the Department determines that an inspection without such notice is warranted by exigent circumstances and approves such inspection; or

(2) If any delay in conducting an inspection might be seriously detrimental to safety, and the Department determines that an inspection without notice is warranted.

(d) Inspection protocol. — All inspections shall be conducted by trained state personnel or representatives. All inspections shall be conducted within the limits of a thorough Risk Management Program Inspection Protocol issued by the Department and adopted after public hearing. The Protocol consists of specific questions, facility characteristics, required risk management program components, physical observations and interviews.

(e) Inspectors. — Inspections and audits are conducted by personnel duly authorized and designated for that purpose as “inspectors” by the Department. An inspector will, on request, present his or her state-issued identification card for examination at a facility being inspected, but the identification card may not be reproduced by the facility.

(f) Access to facilities and records. — The Department has the right to enter any facility at any time to verify compliance with this chapter. Inspections for the purpose of document review shall be scheduled with the facility with reasonable advance notice and, when possible, mutual agreement. Inspectors shall comply with all safety regulations of the facility.

(g) A report of compliance or noncompliance. — The Department shall issue an inspection report detailing the findings of compliance or noncompliance with the risk management program requirements for each inspection. This report shall contain the Department’s recommendations based on inspection for potential improvements to a facility’s risk management program. In the event that the Department has a finding of substantial noncompliance, the Department may issue a written notice of violation and may proceed as detailed in § 7714 of this title.

(h) Resolution of unfavorable inspection findings. — Responsible person or persons of the facility shall respond to the Department’s recommendations from the written inspection report within 60 days and notify the Department of any changes and additions to improve their risk management program or respond with a remediation plan and schedule for the Department’s approval. Upon a finding of substantial noncompliance with the risk management program, with the risk management plan or upon a finding of failure to implement the approved remediation plan or schedule, the Department may proceed as detailed in § 7714 of this title.

(i) Written agreement. — If the responsible person(s) and the Department agree on measures to correct risk management program deficiencies or omissions, the parties may enter into a written agreement.

(j) Issuance of administrative order. — If, after notice to the responsible person or persons of the facility and an administrative hearing with written findings, the parties are unable to reach an agreement on improvements to the facility risk management program to bring it into compliance, the Department shall issue an administrative order requiring correction of deficiencies of the risk management program including a schedule for the corrections as detailed in § 7714 of this title.

(k) Injunctive relief. — If, upon Department inspection and notice to the responsible person(s) of the facility, a functioning risk management program is lacking and a situation exists which demonstrates the purpose of this chapter is in real and imminent jeopardy, the Department may promptly seek injunctive relief in Chancery Court.
7 Del. C. § 1707 — Delaware Code / Title 7 / Chapter 17 / Section 1707
§ Â
        1707. Training of dogs; unlawful to carry firearm or projectile weapon; penalty.
Status: in_force

(a) The owner or custodian of any bird, rabbit, raccoon or fox dog, may train and break the same, at any time of the year, daylight or night, except during the months of March, April, May, June, July and August. If while training or breaking dogs, the owner or custodian thereof exercises reasonable precaution to keep such dogs in control, and if any such dog, during such training, wanders off and out of control of the owner or custodian without the owner’s or custodian’s fault, such dog shall not be deemed to be running at large within the meaning of this section. If any dog kills any game protected by the laws of this State, during the closed season while so training, the owner or custodian shall be fined not less than $2.00 nor more than $5.00 for each offense.

(b) No person shall carry a firearm or projectile weapon while training a dog in closed game season.

(c) The Department may issue an annual permit to the owner or custodian of any retriever dog authorizing the training of such dog or dogs at any time of the year provided such owner or custodian is a trainer of retriever dogs, and provided no game is to be used in the training. Any person to whom such a permit shall issue may possess artificially reared game and may hunt such game with a shotgun; but such game must be hand-liberated during dog training.
7 Del. C. § 5306 — Delaware Code / Title 7 / Chapter 53 / Subchapter II / Section 5306
§ Â
        5306. Jurisdiction and inter-agency cooperation.
Status: in_force

(a) When an archaeological resource is located within the jurisdiction of another state agency, the Division shall coordinate the review and evaluation of permit applications issued pursuant to § 5309 of this title to ensure conformance with all applicable laws and regulations.

(b) Any agency whose activities may affect state-owned shipwrecks shall consult with the Division, provide the Division the opportunity to review and comment on the proposed activity, and take into account the effects of the activity on such resources. This review will not substitute for consultation under Section 106 of the National Historic Preservation Act [16 U.S.C. § 470f] or Section 307 of the Coastal Zone Management Act [16 U.S.C. § 1456], if applicable.

(c) The Division may enter into agreements with state land managing agencies for the purposes of enhancing, preserving, protecting and promoting good stewardship of archaeological resources located in or on State lands managed by those agencies.

(d) All state land managing agencies shall cooperate with the Division in implementing the provisions of this chapter.

(e) All state and local law-enforcement agencies and officers are hereby empowered to, and shall assist the Division in carrying out its duties under this chapter.
7 Del. C. § 4302 — Delaware Code / Title 7 / Chapter 43 / Subchapter I / Section 4302
§ Â
        4302. Purpose.
Status: in_force

It is the purpose of this chapter in carrying out the policy declared in § 4301 of this title to provide a basis for a uniform system for establishing, financing, administering, maintaining and dissolving lagoon organizations in the State under the supervision of the Department of Natural Resources and Environment Control to the end that the improvement and management of these waterways may be accomplished in a workable and practicable manner.
7 Del. C. § 2803 — Delaware Code / Title 7 / Chapter 28 / Section 2803
§ Â
        2803. Commercial conch dredge license; fees; exceptions.
Status: in_force

(a) It shall be unlawful for any person, while operating a vessel equipped with a dredge or a vessel with a bullrake on board, to possess more than 15 bushels of conchs unless said person has in possession a valid commercial conch dredge license.

(b) It shall be unlawful for a commercial conch dredge licensee to dredge conchs from any vessel other than a vessel owned and operated by said licensee. Said vessel shall be listed by the Department on the licensee’s commercial conch dredge license.

(c) The Department is authorized to issue a commercial conch dredge license to a person who applies for same on forms to be supplied by the Department. To be eligible for a commercial conch dredge license, an applicant shall meet 1 of the following conditions:

(1) Produce receipts, personal income tax records or affidavits from a certified public accountant the applicant previously harvested conchs in Delaware for commercial purposes; or

(2) Be eligible for a commercial crab dredger’s license in Delaware according to the provisions of § 1918 of Title 7.

An applicant who is eligible for a commercial conch dredge license shall apply and pay all applicable fees to the Department within 90 days of August 26, 1994. An applicant who is not eligible or an applicant who does not obtain a commercial conch dredge license within 90 days of August 26, 1994, or a commercial conch dredge licensee who fails to renew the license as provided in the provisions of subsection (d) of this section may register with the Department on a form provided by the Department for a commercial conch dredge license that may become valid after a 5-year waiting period.

(d) A commercial conch dredge licensee shall renew the license for at least 1 year in every 3 consecutive years. Any person who does not renew the commercial conch pot license for at least 1 year in every 3 consecutive years shall be deemed not eligible for a commercial conch dredge license.

(e) The fee for a resident commercial conch dredge license shall be $57.50 for residents and $575 for nonresidents.

(f) An active commercial fisher with a commercial conch dredge license may transfer his or her license to a commercial fishing apprentice who has competed no less than 150 days of commercial fishing activities over no less than a 1-year period.
7 Del. C. § 7906 — Delaware Code / Title 7 / Chapter 79 / Subchapter I / Section 7906
§ Â
        7906. Penalties for chronic violators.
Status: in_force

In addition to other applicable enforcement provisions contained in relevant sections of chapters covered by § 7901(b) of this title, the Secretary is authorized to impose an administrative penalty of up to $40,000 per day for each violation against any regulated party that is determined to be a chronic violator in accordance with the provisions of § 7904(a) of this title, provided that simultaneous violations of more than 1 pollutant or air contaminant parameter or of any other limitation or standard may be treated as separately punishable violations within each day, and multiple, intermittent violations of a single pollutant or air contaminant parameter or any other limitation or standard may be treated as separately punishable violations within each day. Any administrative penalties collected by the Department under this section are hereby appropriated pursuant and subject to the procedures and requirement of § 6005(d) of this title.
7 Del. C. § 794 — Delaware Code / Title 7 / Chapter 7 / Subchapter VI / Section 794
§ Â
        794. Deer accidentally killed by motor vehicle.
Status: in_force

Any person, who, while operating a motor vehicle upon any public highway in this State, accidentally strikes and kills a deer upon said public highway shall, upon producing visible evidence of collision with said deer to any State Police or Fish and Wildlife Agent of this State, be entitled to possession of said deer. This section shall apply to deer killed by collision with a motor vehicle at any time, whether during the open season for killing deer or during the legally closed season.
7 Del. C. § 7419 — Delaware Code / Title 7 / Chapter 74 / Subchapter I / Section 7419
§ Â
        7419. Environmental liens; recovery of expenditures [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 expended by the State related to investigating a release or suspected release of a regulated substance from an underground storage tank system including, but not limited to, performing inspections, release detection monitoring, site assessments, removal of regulated substances, removal or closure in place of any part of the underground storage tank system, actions necessary to abate an emergency situation such as installing water treatment, supplying drinking water, installing wells and venting petroleum vapors, as well as other necessary corrective actions 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 activities take place and which belongs to such liable party.

(b) A lien created under this section constitutes record notice and attaches to and is perfected against real property upon which any corrective action 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 corrective action at the property as described in subsection (a) of this section 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 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.

(j) The provisions of this section shall not apply to those classes of underground storage tanks set forth in § 7404(1) and (2) of this title.
7 Del. C. § 737 — Delaware Code / Title 7 / Chapter 7 / Subchapter II / Section 737
§ Â
        737. Exception to application of ÂÂâ734, 735 and 736 for holder of license for scientific purposes.
Status: in_force

Sections 734, 735 and 736 of this title shall not apply to any person holding a license giving the right to take birds and their nests and eggs for scientific purposes.
7 Del. C. § 6316 — Delaware Code / Title 7 / Chapter 63 / Subchapter II / Section 6316
§ Â
        6316. Funds; charges.
Status: in_force

(a) The Department may cooperate with and receive moneys from the federal government, and any state or local government, or other appropriate source in carrying out its duties under this chapter.

(b) Any charges encountered by the Department as a direct result of the public notice and hearing requirements of this chapter and the regulations established thereunder are directly billable to the person conducting or applying to conduct a hazardous waste management activity.
7 Del. C. § 798 — Delaware Code / Title 7 / Chapter 7 / Subchapter VII / Section 798
§ Â
        798. Taking of woodchuck or groundhog.
Status: in_force

The woodchuck or groundhog may be hunted, trapped, caught, shot, killed, sold, shipped or otherwise disposed of, by any person and at any time.
7 Del. C. § 6802 — Delaware Code / Title 7 / Chapter 68 / Section 6802
§ Â
        6802. Definitions.
Status: in_force

For purposes of this chapter:

(1) A “beach” is that area from the Delaware/Maryland line at Fenwick Island to the Old Marina Canal immediately north of Pickering Beach, which extends from the mean high water line of the Atlantic Ocean and Delaware Bay landward 1,000 feet and seaward 2,500 feet, respectively.

(2) “Beach erosion” or “erosion” is the wearing away of a beach by water or the elements.

(3) “Beach preservation,” “beach erosion control” or “erosion control” is the protection and control of the beach by the conduct and regulation of work and activities likely to affect the physical condition of the beach or shore, and includes, but is not limited to, erosion control, hurricane protection, coastal flood control, shoreline and offshore rehabilitation.

(4) “Building line” means a line generally paralleling the coast, seaward of which construction of any kind shall be prohibited without a permit or letter of approval from the Department. The building line shall be set forth on maps prepared by the Department with reference to a vertical datum commonly used by land surveyors, the Delaware State Plane Coordinate System and topographical surveys. Within the corporate limits of Rehoboth Beach and Bethany Beach, in commercial areas containing boardwalks and where no natural dune exists, the building line shall be along the westerly edge of the boardwalk. In those cases where the mapped building line either transects or is landward of lots that, in turn, are landward of lots with existing habitable structures, the building line will not be used to modify either location or dimension of buildings on the more landward lot. On those ocean and Delaware Bay front lots, where existing buildings are either partially or completely seaward of the building line, the Department is directed to consider beach nourishment work that has enhanced the beach and dune when determining the location and size of reconstruction of those existing buildings if they are destroyed by acts of God or other accidental events. Furthermore, in any such case, property owners shall be permitted to rebuild in the same footprint where federal or state agencies have constructed and continue to maintain a beach and dune that conforms to coastal engineering standards of storm protection.

(5) “Construction” includes any work or activity which is likely to have a material physical effect on existing coastal conditions or natural shore and inlet processes.

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

(7) “Emergency” means any unusual incident resulting from natural or unnatural causes which endangers the health, safety or resources of the general public, including damages or erosion of any shoreline resulting from a hurricane, storm or any such natural disturbance.

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

(9) “Private beach” means any beach which is not a public beach as defined in this chapter.

(10) “Public beach” means any beach owned in fee simple by the federal or state government or any county, city, town or municipality, or any beach for which the State has obtained an easement or agreement for public use.

(11) “Regulated area” is the specific area within the defined beach that the Department is directed to regulate construction to preserve dunes and to reduce property damage. The regulated area shall be from the seaward edge of the beach to the landward edge of the third buildable lot in from the mean high water line.

(12) “Substantial damage” means the damage or destruction of any structure by an act of God to the extent that, in the judgment of the Department, 75% or more of the original structure, or if a building, more than 50% of the original foundation pilings, are unsuitable for incorporation into reconstruction of the structure.
7 Del. C. § 5310 — Delaware Code / Title 7 / Chapter 53 / Subchapter II / Section 5310
§ Â
        5310. Qualified repositories.
Status: in_force

The University of Delaware and the Division of Historical and Cultural Affairs are designated as properly qualified repositories within the meaning of this chapter.
7 Del. C. § 2002 — Delaware Code / Title 7 / Chapter 20 / Section 2002
§ Â
        2002. Duties of Department; powers; making and enforcing regulations.
Status: in_force

(a) The Department is authorized to adopt, promulgate, amend and repeal regulations consistent with Titles 7 and 29 which shall be enforced by the Department for the following purposes:

(1) To issue and administer leases, licenses, and permits to engage in shellfish aquaculture and to amend or revoke said leases, licenses or permits for due cause;

(2) To identify areas where shellfish aquaculture leases may be established that are compatible with commercial and recreational finfishing and shellfishing, boating navigation and safety, public water access and use, and native biota. In no cases shall the sum total of areas identified for shellfish aquaculture leasing in Rehoboth Bay and Indian River Bay exceed 5% of their respective total subaqueous lands in each bay at mean high water and shellfish aquaculture leasing in Little Assawoman Bay shall be limited to within the following 2 areas as defined by their respective corner latitude and longitude coordinates:

a. 38° 29ʹ 16.87142" N, 075° 03ʹ 39.95005" W and 38° 29ʹ 16.85469" N, 075° 03ʹ 34.44911" W and 38° 28ʹ 56.70667" N, 075° 03ʹ 34.54853" W and 38° 28ʹ 56.72340" N, 075° 03ʹ 40.04904" W; and

b. 38° 28ʹ 15.51403" N, 075° 03ʹ 32.63198" W and 38° 28ʹ 15.47068" N, 075° 03' 18.50567" W and 38° 28ʹ 04.36517" N, 075° 03ʹ 18.56112" W and 38° 28ʹ 04.40853" N, 075° 03ʹ 32.68683" W;

(3) To add acreage for shellfish aquaculture from areas not identified by the Department as long as all state and federal criteria for leasing are met and the percentage of subaqueous bottom available for leasing in each inland bay as detailed in paragraph (a)(2) of this section is not exceeded;

(4) To inspect and approve vessels and equipment intended to be used in Inland Bays waterways in support of the shellfish aquaculture industry. Off-bottom rearing cages and enclosures are strictly prohibited in Little Assawoman Bay, except for predator mesh placed at grade directly upon hard clams grown on the bottom;

(5) To attempt to prevent and control the spread of shellfish-borne diseases among both shellfish aquaculture products as well as wild shellfish and to provide for the sanitary harvesting, handling, transportation, processing, production and sale of shellfish aquaculture products and wild shellfish;

(6) To inspect and approve the importation of any live or dead shellfish and/or seed-on-cultch material to be used for shellfish aquaculture purposes conducted in or on waters of Delaware’s Inland Bays or having a discharge into waters of Delaware’s Inland Bays;

(7) To provide for the conservation, preservation and improvement of the wild shellfish resources of the Inland Bays or their tributaries when deemed necessary;

(8) To set criteria for the approval or denial of shellfish aquaculture leases in Delaware’s Inland Bays;

(9) To establish criteria for the approval or denial of any requests to conduct shellfish aquaculture outside of identified shellfish aquaculture lease sites;

(10) To establish criteria for what constitutes active use of shellfish aquaculture lease sites and the criteria that define the abandonment of a shellfish aquaculture lease site, and for the release of the abandoned acreage into the inventory of available shellfish aquaculture lease sites;

(11) To establish marking requirements for shellfish aquaculture lease sites and any equipment moored on, suspended above, or placed on subaqueous lands leased for shellfish aquaculture purposes, except that shellfish aquaculture lease sites within Little Assawoman Bay shall not be marked by poles, pipes or stakes. The corners of each leased acre within Little Assawoman Bay shall be marked with 9-inch x 16-inch orange bullet-style floating buoys, marked with at least 100 square inches of orange reflective material, a portion of which must be visible from all directions. Each corner buoy must include the corresponding lease number in 3-inch black block lettering;

(12) To establish eligibility requirements for lease applicants and reporting requirements for shellfish planted and/or harvested from shellfish aquaculture lease sites;

(13) To approve the species of shellfish that may be used for aquaculture purposes in Delaware's Inland Bays, except that the species of shellfish cultured within the Little Assawoman Bay shall be limited to hard clams grown directly on the bay bottom;

(14) To establish the eligibility of shellfish seed stock proposed for planting on shellfish aquaculture leases, including consideration of the use of disease-free stock and the genetic make-up of the stock;

(15) To establish what types of mechanical gear may be used to harvest shellfish from identified shellfish aquaculture lease sites;

(16) To establish seasonal restrictions on when leased shellfish aquaculture sites may be actively worked;

(17) To approve methodologies to determine wild shellfish densities that will allow for prospective aquaculture lease sites.

(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.
7 Del. C. § 3922 — Delaware Code / Title 7 / Chapter 39 / Subchapter II / Section 3922
§ Â
        3922. Appropriations by the several county governments.
Status: in_force

The government of each county shall annually appropriate to the Division of Watershed Stewardship a sum equal to the annual appropriation to the Division by the General Assembly, for use in the respective counties, pursuant to § 3921 of this title.
7 Del. C. § 6204 — Delaware Code / Title 7 / Chapter 62 / Section 6204
§ Â
        6204. Removal of illegal discharge.
Status: in_force

Any person determined by the Secretary to be responsible for causing an incident shall immediately undertake to remove such oil pollution to the Secretary’s satisfaction. If the person responsible fails immediately to undertake to remove the oil pollution to the Secretary’s satisfaction, the Secretary may undertake the removal of such oil pollution and may retain agents and contractors for such purpose who shall operate under the direction of the Secretary. The Secretary may authorize a third person, affected by such oil pollution, to expend funds to remove said oil pollution at the expense of the person responsible for same. All moneys expended by the Secretary under this section and recovered under § 6205 of this title are hereby appropriated to the Department of Natural Resources and Environmental Control to carry out the purposes of this chapter.
7 Del. C. § 6107 — Delaware Code / Title 7 / Chapter 61 / Section 6107
§ Â
        6107. Public hearings; notice.
Status: in_force

(a) Before offering tide and submerged lands for leasing under this chapter, or whenever any person files a written application with the Secretary requesting that lands be offered for leasing under this chapter, accompanying the same with the required fee, the Secretary shall hold a public hearing as provided in this section.

(b) Before granting a lease or inviting bids on any tide and submerged lands, the Secretary shall cause written notice describing the area under consideration and other pertinent information to be transmitted to:

(1) State Highway Department;

(2) Cabinet Committee on State Planning Issues;

(3) Department of Natural Resources and Environmental Control;

(4) Department of Health and Social Services;

(5) State Geologist;

(6) The applicant, if any, requesting the hearing;

(7) Prospective applicants or bidders, by publication in 2 or more publications of general circulation in the oil and gas industry; and

(8) The public, by publication of the notice once each week for not less than 2 weeks in a newspaper of general circulation throughout the State and in addition in a newspaper of general circulation in the county in which the lands lie or the county or counties contiguous to the area under consideration for bidding.

(c) The notice shall set forth the place of hearing and shall set its time at not less than 20 days following the date of the last newspaper publication.

(d) The Secretary may appoint 1 of his or her employees to conduct hearings authorized under this section. An officer or employee of each interested State agency, board or commission named in subsection (b) of this section may question any witnesses appearing before the Secretary or the Secretary’s representative, and any interested person may offer evidence and otherwise be heard.
7 Del. C. § 7113 — Delaware Code / Title 7 / Chapter 71 / Subchapter I / Section 7113
§ Â
        7113. Appeals of final orders.
Status: in_force

(a) Any person or persons who jointly or severally are substantially affected and aggrieved by any final order or variance of the Department, or any taxpayer, or any officer, department, board or bureau of the State may appeal that order to the State Environmental Appeals Board and to the Superior Court as provided in §§ 6008 and 6009 of this title except that the word “variance” shall be substituted for the word “permit” in § 6008(b) and (c) of this title.

(b) 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.
7 Del. C. § 2602 — Delaware Code / Title 7 / Chapter 26 / Section 2602
§ Â
        2602. Seasons.
Status: in_force

The Department will establish by regulation the seasons for the harvesting of surf clams.
7 Del. C. § 4383 — Delaware Code / Title 7 / Chapter 43 / Subchapter VI / Section 4383
§ Â
        4383. Right of entry upon lands.
Status: in_force

The Division of Watershed Stewardship, engineering personnel hired under § 4334 of this title, the Department of Natural Resources and Environmental Control, the lagoon management commissioners, the lagoon managers, or any of their employees or agents may enter upon any lands within the tax lagoon at all reasonable times in order to carry out the purpose of this chapter.
7 Del. C. § 105 — Delaware Code / Title 7 / Chapter 1 / Section 105
§ Â
        105. Assent to federal statutes â Cooperative wildlife-restoration projects.
Status: in_force

The State assents to the act of Congress entitled, “An Act to Provide that the United States Shall Aid the States in Wildlife-Restoration Projects, and for Other Purposes,” approved September 2, 1937 [16 U.S.C. § 669 et seq.] as amended and the Department shall perform such acts as are necessary to the conduct and establishment of cooperative wildlife-restoration projects, as defined in that act of Congress, in compliance with the act and with rules and regulations promulgated by the Secretary of the Interior thereunder. The Department may receive and disburse any and all funds allocated to this State under said act of Congress and any amendment or amendments thereto.
7 Del. C. § 6604 — Delaware Code / Title 7 / Chapter 66 / Section 6604
§ Â
        6604. Permit required.
Status: in_force

(a) Any activity in the wetlands requires a permit from the Department except the activity or activities exempted by this chapter and no permit may be granted unless the county or municipality having jurisdiction has first approved the activity in question by zoning procedures provided by law.

(b) The Secretary shall consider the following factors prior to issuance of any permit:

(1) Environmental impact, including but not limited to, likely destruction of wetlands and flora and fauna; impact of the site preparation on tidal ebb and flow and the otherwise normal drainage of the area in question, especially as it relates to flood control; impact of the site preparation and proposed activity on land erosion; effect of site preparation and proposed activity on the quality and quantity of tidal waters, surface, ground and subsurface water resources and other resources;

(2) Aesthetic effect, such as the impact on scenic beauty of the surrounding area;

(3) The number and type of public and private supporting facilities required and the impact of such facilities on all factors listed in this subsection;

(4) Effect on neighboring land uses, including but not limited to, public access to tidal waters, recreational areas and effect on adjacent residential and agricultural areas;

(5) State, county and municipal comprehensive plans for the development and/or conservation of their areas of jurisdiction;

(6) Economic effect, including the number of jobs created and the income which will be generated by the wages and salaries of the jobs in relation to the amount of land required, and the amount of tax revenues potentially accruing to the state, county and local governments.

(c) The Secretary may require a bond in an amount and with surety and conditions sufficient to secure compliance with the conditions and limitations, if any, set forth in the permit. The particular amount and the particular conditions of the bond required shall be consistent with and in furtherance of the purposes of this chapter. The Secretary shall state for the record, the basis for the bonding requirements imposed with each permit granted. In the event of a breach of any condition of any such bond, the Attorney General may institute an action in Superior Court upon such bond and prosecute the same to judgment and execution.
7 Del. C. § 6807 — Delaware Code / Title 7 / Chapter 68 / Section 6807
§ Â
        6807. Penalties.
Status: in_force

(a) Whoever, without authority from the Department, alters, moves or carries away any substantial amount of beach material (including, but not limited to, sand or pebbles), or alters, damages or destroys any groin, jetty, bank, dike, dune, bulkhead, seawall, breakwater or any other facility, improvement or structure installed or maintained by the Department for the enhancement, preservation or protection of the beach, shall be liable for a civil penalty imposed by the Court of Common Pleas of not less than $200 nor more than $5,000 for each completed violation. If the violation has been completed and there is a substantial likelihood that it will recur or if it is a continuing violation, the Department may also seek a permanent or preliminary injunction or temporary restraining order in the Court of Chancery.

(b) Any coastal structure erected, or excavation created, in violation of this chapter is hereby declared to be a public nuisance, and such structure shall be forthwith removed or such excavation refilled after written notice by the Department directing such removal or filling. In the event the structure is not removed or the excavation refilled as directed within a reasonable time, the Department may remove such structure or fill such excavation at its own expense. The person who erected the structure or created the excavation declared to be a public nuisance shall be liable for all expenses incurred by the Department in removing the structure or filling the excavation. The Secretary shall submit a detailed billing for the costs involved in abating the public nuisance to the person responsible. In the event that said billing is not paid by the person responsible within 30 days, the Department may file suit in the appropriate court seeking to compel payment.

(c) Any person who:

(1) Violates any condition or limitation in a permit issued pursuant to this chapter;

(2) Engages in any activity prohibited by this chapter; or

(3) Violates any regulation duly promulgated according to this chapter,

shall upon conviction be fined not less than $200 nor more than $5,000, or imprisoned for not more than 2 years, or both, and in addition, shall reimburse the Department for its reasonable expenditures in remedying damage created.

(d) For the purposes of subsection (c) of this section, each and every day that a permit condition or limitation is violated, an activity engaged in which is prohibited by this chapter or a regulation violated is deemed a separate offense.

(e) Any expenses or civil penalties collected by the Department under this section are hereby appropriated to the Department to carry out the purposes of this chapter.
7 Del. C. § 7920 — Delaware Code / Title 7 / Chapter 79 / Subchapter II / Section 7920
§ Â
        7920. Severability.
Status: in_force

If any provision of this subchapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this subchapter which can be given effect without the invalid provision or application, and to this end the provisions of this subchapter are severable.
7 Del. C. § 7712 — Delaware Code / Title 7 / Chapter 77 / Section 7712
§ Â
        7712. Information program.
Status: in_force

(a) The Department, assisted by the Division of Public Health of the Department of Health and Social Services and the Department of Safety and Homeland Security shall prepare and implement an information program designed to inform the general public, local public officials, and the business community about the requirements of this chapter and regulations adopted thereto, about the health risks of accidental releases of extremely hazardous substances and about means available to minimize the chances of accidental catastrophic releases of such substances.

(b) The information program must include information about current risk management programs of industrial companies and business establishments in Delaware as well as emergency plans, public and private, to protect the public in cases of catastrophic accidental releases of extremely hazardous substances. The Department may cooperate with other groups for purposes of this program.

(c) If a catastrophic release requires the public to take protective action, the Department shall use emergency alerts under § 3109(b)(2) of Title 20 to communicate instructions.
7 Del. C. § 6317 — Delaware Code / Title 7 / Chapter 63 / Subchapter II / Section 6317
§ Â
        6317. Interstate cooperation.
Status: in_force

The General Assembly encourages cooperative activities by the Department and the Commission with other states, interstate or regional organizations, and the federal government for the improved management of hazardous wastes; for improved, and so far as practicable, uniform state laws relating to the management of hazardous wastes; and compacts between this and other states for the improved management of hazardous wastes.
7 Del. C. § 6014 — Delaware Code / Title 7 / Chapter 60 / Subchapter II / Section 6014
§ Â
        6014. Regulatory and compliance information, facility performance and public information.
Status: in_force

(a) The Department shall develop an Environmental Information System that will include general information about facilities and sites under the Department’s regulatory jurisdiction as defined by Chapters 40, 60, 62, 63, 66, 70, 72, 74, 77, 78, and 91 of this title and Chapter 63 of Title 16. The Environmental Information System shall include information on all such facilities and sites related to permitting requirements, emissions and discharge monitoring and reporting data, compliance inspections, violations and enforcement actions. The System shall provide the public with information that indicates when a facility has been inspected, what violations are detected, when the facility comes into compliance, and any enforcement action that results from violations at the facility.

(b) The Secretary shall create or contract with a third party to create a central unified notification system to notify the public in a timely manner of environmental releases. That system shall be designed in a such a manner as to ensure the notification, within 12 hours after the Department is informed of an environmental release, of:

(1) The State Representative and State Senator in whose district the release occurred;

(2) Any community or civic group the majority of whose membership lives within 5 miles of the reporting facility that has identified itself to the Department as an entity wishing to receive notice pursuant to this subsection; and

(3) Any individual who lives within 5 miles of the reporting facility and who has identified himself or herself to the Department as a person wishing to receive notice pursuant to this subsection.

(c) The facility from which an environmental release has occurred shall pay to the Department the cost of the Department’s notification under subsection (b) of this section. Such cost shall include a prorated share of the annual fixed costs incurred by the Department for the maintenance of the notification system created pursuant to subsection (b) of this section, and a prorated share of the initial development costs of the notification system to be equally distributed over the first 5 years of the system’s existence, both to be determined in the sole discretion of the Department. The facility shall make payment under this subsection within 30 days of receiving written notice of the amount of payment due. Failure to make payment pursuant to this subsection in a timely fashion shall constitute a violation punishable under § 6005 of this title. For purposes of this section facility shall mean any building, structure, installation, equipment, pipe or pipeline (including any pipe into a sewer or publicly owned treatment works), wastewater treatment plant, pit, pond, lagoon, impoundment, landfill, storage container, or any site or area where an environmental release has occurred.

(d) Any records, reports or information obtained pursuant to this chapter and any permits, permit applications and related documentation shall be available to the public for inspection and copying; provided, that upon a showing satisfactory to the Secretary by any person that such records, reports, permits, permit applications, documentation or information, or any part thereof (other than effluent data) would, if made public, divulge methods or processes entitled to protection as trade secrets of such person, the Secretary shall consider, treat and protect such record, report or information, or part thereof, as confidential; provided further, however:

(1) That any such record, report or information accorded confidential treatment may be disclosed or transmitted to other officers, employees or authorized representatives of this State or of the United States concerned with carrying out this chapter or when relevant in any proceeding to effectuate the purpose of this chapter; and

(2) That any report environmental release, air contaminant or water pollutant emissions may be made available to the public as reported and as correlated with any applicable emission standards or limitations.
7 Del. C. § 1106 — Delaware Code / Title 7 / Chapter 11 / Subchapter I / Section 1106
§ Â
        1106. Enforcement of chapter; violations.
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 or Director.

(b) Any person, organization, group, business, corporation, partnership or any other type of entity that violates this chapter and/or any permit issued by the Division or Director pursuant to this chapter shall be punished under § 1304 of this title.

(c) Any person, organization, group, business, corporation, partnership or any other type of entity that violates any regulation promulgated by the Department pursuant to § 103 of this title, shall be punished under § 103(d) of this title.
7 Del. C. § 201 — Delaware Code / Title 7 / Chapter 2 / Section 201
§ Â
        201. Findings.
Status: in_force

The General Assembly finds and declares:

(1) It is in the best interest of the State to preserve and enhance the diversity and abundance of nongame fish and wildlife, and to protect the habitat and natural areas harboring rare and vanishing species of fish, wildlife, plants and areas of unusual scientific significance or having unusual importance to the survival of Delaware’s native fish, wildlife and plants in their natural environments.

(2) Rare and endangered species are a public trust in need of active, protective management, and that it is in the broad public interest to preserve and enhance such species.

(3) Historically fish and wildlife conservation programs have focused on the more recreationally and commercially important species and consequently, such programs have been financed largely by hunting and fishing license revenues and by the federal assistance based on excise taxes on certain hunting and fishing equipment. These traditional financing mechanisms are neither adequate nor fully appropriate to meet the needs of all fish and wildlife.

(4) It is the policy of the State to enable and encourage taxpayers voluntarily to support nongame fish and wildlife, nongame habitat and natural areas preservation programs, including rare plants protection, through contributions designated on state income tax forms.
7 Del. C. § 7214 — Delaware Code / Title 7 / Chapter 72 / Section 7214
§ Â
        7214. Violations; enforcement; civil and criminal penalties.
Status: repealed

(a) Whoever violates this chapter or any rule or regulation duly promulgated, or any condition of a permit issued pursuant to § 7205 of this title, or any order of the Secretary, shall be subject to enforcement in accordance with § 6005 or § 6013, or both, of this title.

(b)-(d) [Repealed.]
7 Del. C. § 6606 — Delaware Code / Title 7 / Chapter 66 / Section 6606
§ Â
        6606. Exemptions.
Status: in_force

Any of the following activities are exempt from permit requirements: Mosquito control activities authorized by the Department; construction of directional aids to navigation; duck blinds; foot bridges; the placing of boundary stakes; wildlife nesting structures; grazing of domestic animals; haying; hunting; fishing and trapping.
7 Del. C. § 6103 — Delaware Code / Title 7 / Chapter 61 / Section 6103
§ Â
        6103. Surveys.
Status: in_force

(a) The Secretary, upon application by any person, may permit geological, geophysical and seismic surveys, including the taking of cores and other samples, or the tide and submerged lands of this State. Such permits shall be nonexclusive and shall not give any preferential rights to any oil, gas and sulphur or other mineral lease. After consultation with those agencies of the State having an interest in the possible effects of the leasing, the Secretary shall include such rules and regulations in the permit as it deems necessary to protect the fish, game, wildlife and natural resources of the State. The Secretary may grant permission for the taking of cores and other samples.

(b) Each application under this section shall contain the following information:

(1) A description of areas where the applicant proposes to conduct a survey;

(2) The name and address of the applicant; and

(3) Such other relevant information as the Secretary requires.
7 Del. C. § 2805 — Delaware Code / Title 7 / Chapter 28 / Section 2805
§ Â
        2805. Areas closed for commercial conch potting or dredging.
Status: in_force

It shall be unlawful for any person to operate a dredge for the purpose of catching, taking or harvesting conchs over leased shellfish grounds, natural oyster beds or other areas declared closed to dredging for conchs by the Department by regulation; provided however, that those conchs of legal size taken by a person on a vessel with a valid oyster harvesting license or a person with a valid commercial clam dredge license while engaged in lawful dredging operations, whether or not over leased shellfish grounds, natural oyster beds, or other areas declared closed to dredging for conchs by the Department, may be retained for noncommercial purposes. The Department is authorized to promulgate regulations that close areas to either dredging or potting for conchs.
7 Del. C. § 4509 — Delaware Code / Title 7 / Chapter 45 / Section 4509
§ Â
        4509. Improvement of public lands.
Status: in_force

(a) The Department of Natural Resources and Environmental Control may make improvements to and on any public lands of this State and may expend any sums appropriated therefor on such lands.

(b) The Department of Natural Resources and Environmental Control may lease or grant concessions for any such improvements.

(c) All funds collected from such rentals or concessions shall be treated in the same manner as income received from public lands as provided in § 4515 of this title.
7 Del. C. § 2005 — Delaware Code / Title 7 / Chapter 20 / Section 2005
§ Â
        2005. Leases.
Status: in_force

(a) Authorized lease of shellfish grounds. — The Department is hereby authorized to lease, in the name of the State, tracts or parcels of shellfish grounds in Delaware’s Inland Bays to be used for shellfish aquaculture beneath the waters of this State, subject to the provisions, limitations and restrictions set forth herein.

(b) Scientific use of shellfish grounds. — The Secretary is hereby authorized to issue a lease in the name of the State to educational and/or scientific institutions or their designees for tracts or parcels of shellfish grounds to be used for scientific and/or educational purposes determined by the Secretary to be in the best interests of the shellfisheries aquaculture industry. Such a permit shall contain at least the following information and criteria: geographic location of the lease, species of shellfish being reared on the leased grounds, and the reason for the issuance of the lease. At no time may the aquaculture products produced on shellfish grounds leased for scientific purposes be sold or traded or offered for sale or trade. Importation of any shellfish or shellfish parts from areas outside of Delaware’s Inland Bays must be approved in advance by the Department according to regulations filed by the Department. The cost of processing this application shall be paid by the applicant. Anyone deploying and leaving in place any equipment for scientific use of shellfish grounds in the Inland Bays shall conform to all applicable Department equipment marking requirements and shall be responsible for the removal of this equipment upon the termination of the scientific investigation.
7 Del. C. § 3703 — Delaware Code / Title 7 / Chapter 37 / Section 3703
§ Â
        3703. Designation of state agency.
Status: in_force

The University shall be the state agency of this State to carry out the policy and purposes of this chapter and to formulate and administer state plans pursuant to the terms of this chapter.
7 Del. C. § 2312 — Delaware Code / Title 7 / Chapter 23 / Section 2312
§ Â
        2312. Vessels used by commercial crab dredgers in Delaware waters.
Status: in_force

(a) It shall be unlawful for a crab dredge licensee to dredge crabs from the waters of this State from any vessel other than 1 vessel owned and operated by said crab dredge licensee. The vessel shall be listed on the crab dredger’s license.

(b) It shall be unlawful for a resident crab dredge licensee to list a vessel on his or her crab dredger’s license if said vessel has been exclusively used in commercial fishing operation in waters outside the jurisdiction of this State during the previous 2 years. However, for a vessel acquired by a crab dredger licensee to replace a vessel listed on his or her crab dredger’s license, the provision for that vessel not having been exclusively used in commercial fishing operations in waters outside the jurisdiction of this State during the previous 2 years shall not be in effect.
7 Del. C. § 7502A — Delaware Code / Title 7 / Chapter 75A / Section 7502A
§ Â
        7502A. Membership.
Status: in_force

(a) The Council shall include the following members:

(1) The Secretary of the Department of Natural Resources and Environmental Control or the Secretary’s designee.

(2) The Secretary of the Department of Agriculture or the Secretary’s designee.

(3) The Director of the Division of Public Health or the Director’s designee.

(4) The Director of the Delaware Geological Survey or the Director’s designee.

(5) The Director of the Water Resources Agency at the University of Delaware or the Director’s designee.

(6) The State Climatologist or State Climatologist’s designee.

(7) The Chair of the Water Infrastructure Advisory Council or the Chair of the Water Infrastructure Advisory Council’s designee.

(8) One representative of the executive branch as appointed by the elected county executive or appointed county administrator of each of the Governments of New Castle County, Kent County, and Sussex County.

(9) A representative of the Delaware State Chamber of Commerce.

(10) A representative from the Delaware Farm Bureau.

(11) A representative from the Delaware River and Bay Commission.

(12) One representative from a public or private water utility in each county, to be appointed by the Chair.

(13) The Executive Director of the Delaware Nursery and Landscape Association or the Executive Director’s designee.

(b) The Secretary of the Department of Natural Resources and Environmental Control or the Secretary’s designee shall serve as Chair of the Council.

(c) Only 1 representative of an entity or designee of an official named in subsection (a) of this section may serve at a time and must submit written documentation to the Chair from their entity or official authorizing them to act as a representative or designee. No person claiming to be a representative or designee shall be permitted to vote or be counted as a member of a quorum without this authorization. A representative’s or designee’s authorization shall be considered revoked if a letter to that effect is submitted to the Chair by the entity or official authorizing the representative or designee to act as a representative or designee, if a replacement is subsequently authorized, or if they miss more than 2 meetings of the full Council in a row without notice to the Chair.
7 Del. C. § 1308 — Delaware Code / Title 7 / Chapter 13 / Section 1308
§ Â
        1308. Affidavit, complaint or indictment charging several offenses; proof.
Status: in_force

Two or more offenses may be charged in the same affidavit, complaint or indictment. Proof as to a part of a bird, animal or fish shall be sufficient to sustain a charge to the whole of it. The violation of this part as to a number of animals, birds or fish may be charged in the same count, and punished as a separate offense as to each animal, bird or fish.
7 Del. C. § 922 — Delaware Code / Title 7 / Chapter 9 / Section 922
§ Â
        922. Length restrictions on certain nets.
Status: in_force

No person shall fish in Delaware’s internal waters with any 1 gill net that exceeds 200 yards in length, or fish in said waters with more than 1 gill net in a continuous series when the series of gill nets exceeds 500 yards in total length, unless each 200 yard-long net is separated from another single gill net by a distance of at least 150 feet between the required end red or international orange flags or each 500 yard-long series of nets is separated by a distance of at least 150 feet between the required end red or international orange flags.
7 Del. C. § 6302 — Delaware Code / Title 7 / Chapter 63 / Subchapter I / Section 6302
§ Â
        6302. Definitions.
Status: in_force

The following words and phrases shall have the meaning ascribed to them in this chapter unless the context clearly indicates otherwise:

(1) “Activity” means construction, operation or use of any facility, site, property or device.

(2) “Commission” means the Commission on the Transportation of Hazardous Materials.

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

(4) “Disposal” means the discharge, deposit, injection, dumping, spilling, leaking or placing of any hazardous waste into or on any land, water or into the air so that such hazardous waste or any constituent thereof may enter the environment to be emitted into the air, or discharged into any water, including groundwaters, or any other management of hazardous wastes in which the handler voluntarily relinquishes control of the waste in a manner inconsistent with the requirements of this chapter and the regulations promulgated thereunder.

(5) “Division” means the Division of Waste and Hazardous Substances.

(6) “Generation” means the act or process of producing hazardous waste materials.

(7) “Hazardous waste management” means the systematic control of the collection, source separation, storage, transportation, processing, treatment, recovery and disposal of hazardous waste.

(8) “Hazardous wastes” means a solid waste, or combination of solid wastes, which because of its quantity, concentration, or physical or chemical characteristics may cause or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating irreversible illness, or pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported or disposed of, or otherwise managed.

(9) “Manifest” means the form used for identifying the quantity, composition, origin, routing and destination of hazardous waste during its transport.

(10) “Person” means an individual, trust, firm, joint stock company, federal agency, corporation (including a government corporation), partnership, association, state, municipality, commission, political subdivision of a state or any interstate body.

(11) “Secretary” means the Secretary of the Department of Natural Resources and Environmental Control, or his or her duly authorized designee.

(12) “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 Chapter 60 of this title, as amended, or source, special nuclear or by-product material as defined by the Atomic Energy Act of 1954 [42 U.S.C. 2011 et seq.], as amended.

(13) “Storage” means the containment of hazardous wastes, either on a temporary basis or for a period of years, in such manner as not to constitute disposal of such hazardous wastes.

(14) “Transfer facility” means any transportation-related facility including loading docks, parking areas, storage areas and other similar areas where shipments of hazardous waste are held during the normal course of transportation.

(15) “Transport” means the movement of wastes from the point of generation to the point of storage, treatment or disposal.

(16) “Treatment” means any method, technique or process, including neutralization, designed to change the physical, chemical or biological character or composition of any hazardous waste, so as to neutralize such waste or so as to render such waste nonhazardous, safer for transport, amenable to recovery, amenable to storage or reduced in volume.

(17) “Treatment facility” means a location at which waste is subjected to treatment and may include a facility upon premises where hazardous waste has been generated.
7 Del. C. § 6073 — Delaware Code / Title 7 / Chapter 60 / Subchapter IV / Section 6073
§ Â
        6073. Prevention.
Status: in_force

The provisions of any other law, rule or regulation to the contrary notwithstanding, all disposal of solid wastes into the ocean waters of the State, the Delaware Bay, the inland bays and waters of exceptional recreational or ecological significance is hereby prohibited.
7 Del. C. § 908 — Delaware Code / Title 7 / Chapter 9 / Section 908
§ Â
        908. Equipment and methods used for fishing for bait fish.
Status: in_force

Unless otherwise authorized by the adoption of any Department regulation or issuance of Division permits subsequent to April 27, 1984, it shall be illegal for any person to fish for bait fish in the tidal waters of the State with any fishing equipment or by any method, except a hook and line, a fish pot or a fish trap, including a minnow trap, a dip net, a lift net that is operated without the use of power, a push net, a cast net that is operated without the use of power, a spear, a common haul seine that is operated without the use of power, a gill net being fished in more or less a straight line, and a bait seine or a bag net.
7 Del. C. § 7711 — Delaware Code / Title 7 / Chapter 77 / Section 7711
§ Â
        7711. Notification requirements.
Status: in_force

Construction and operating permits shall be granted by state agencies for facilities and equipment involving extremely hazardous substances regulated under this chapter only after notification by those agencies to the Department and written confirmation by any person involved that the permit applicant has been notified of the requirements of this chapter and its regulations.
7 Del. C. § 103 — Delaware Code / Title 7 / Chapter 1 / Section 103
§ Â
        103. Rules and regulations; expenditures; violations and penalty.
Status: in_force

(a) The Department may promulgate such rules and regulations and may make expenditures necessary to:

(1) Fix and regulate seasons by shortening, extending or closing seasons, and to fix and regulate the bag limit on any species of protected wildlife or freshwater fish except muskrat in any specified localities whenever it finds, after investigation, and a public hearing is had as provided in subsection (b) of this section, that such action is necessary to assure the conservation of such wildlife or freshwater fish, and the maintenance of an adequate supply thereof or to limit the supply thereof when conditions warrant the same;

(2) Establish and close to hunting, trapping and/or fishing such wildlife refuges, or any lake, stream or pond, as in its judgment may be deemed best to conserve any species of wildlife or fish;

(3) Acquire by purchase, lease or agreement, gift or devise, lands, marshes or waters suitable for the purposes hereinafter enumerated, and maintain the same for said purposes:

a. To provide fish nursery ponds and game farms;

b. To provide lands or waters suitable for upland game, waterfowl, fish or fur-bearing animal propagation and protection;

c. To provide public hunting, fishing or other recreational grounds or waters to be used as areas in which the public may hunt, fish or camp in accordance with the provisions of law and the regulations of the Department;

d. To extend and consolidate lands, marshes or waters suitable for the above purposes by exchange of other lands or waters;

e. To capture, propagate, transport, buy or exchange any species of protected wildlife needed for stocking any lands, marshes or waters of this State.

(b) The Department may establish such other rules and regulations concerning any species of protected wildlife or freshwater fish except muskrat in any specified localities as it deems necessary or advisable for the protection and conservation of wildlife or freshwater fish.

(c) This section shall not be construed as authorizing the Department to change any penalty for violating any game or fish law, or to change the amount of any license fee established under Part I of this title, or to issue any license not lawfully authorized, or to extend any open season or bag limit beyond the limits prescribed by federal law or regulations.

(d) Whoever violates any rule or regulation of the Department except those pertaining to deer or wild turkeys shall be guilty of a class D environmental violation for each offense. Whoever violates any rule or regulation of the Department pertaining to antlerless deer shall be guilty of a class C environmental violation for each offense. Whoever violates any rule or regulation of the Department pertaining to antlered deer shall be guilty of a class A environmental misdemeanor for each offense. Whoever violates any rule or regulation of the Department pertaining to wild turkeys shall be guilty of a class B environmental misdemeanor for each offense.
7 Del. C. § 6808 — Delaware Code / Title 7 / Chapter 68 / Section 6808
§ Â
        6808. Beach Preservation Fund.
Status: in_force

(a) A special fund is created in the State Treasury to be known as the “Beach Preservation Fund,” hereafter referred to in this chapter as “the Fund.”

(b) The Fund may be used as necessary to effectuate the purposes of this chapter.

(c) The balance of the Fund shall be at least $1,000,000 at the beginning of each fiscal year after July 22, 1972. Such sums as are necessary to restore the Beach Preservation Fund to a balance of at least $1,000,000 shall be appropriated annually from the General Fund or borrowed annually after fiscal year 1973 by the issuance of bonds or bond anticipation notes upon the full faith and credit of the State as may be authorized within the annual capital improvement program. Such bonds and notes shall be issued in accordance with Chapter 74 of Title 29. For purposes of identification, the bonds issued pursuant to such authorization may be known, styled or referred to as “beach preservation bonds.”
7 Del. C. § 5305 — Delaware Code / Title 7 / Chapter 53 / Subchapter II / Section 5305
§ Â
        5305. Authority to enhance, preserve and protect archaeological resources.
Status: repealed

(a) The title to all archaeological resources in or on State lands, including those in or on subaqueous lands, is hereby declared to be under the exclusive domain and control of the State. Further, as provided for under the Abandoned Shipwreck Act (Pub. L. 100-298; 43 U.S.C. §§ 2101-2106), and Guidelines therefore (55 FR 50115, 55 FR 51528), 56 FR 7875:

(1) The State has title to all shipwrecks embedded in subaqueous lands of this State; and

(2) The State has title to every shipwreck located on the State’s subaqueous lands, if the shipwreck is listed in or determined eligible for listing in the National Register of Historic Places (16 U.S.C. § 470a; [former] 33 C.F.R. Part 63 [repealed]; 36 C.F.R. Part 60).

(b) The State’s authority to enhance, preserve and protect archaeological resources in or on state lands is vested solely in the Department.

(c) Notwithstanding the jurisdictional provisions of § 7203 of this title, the Department is the custodian of archaeological resources in or on the State’s subaqueous lands, including but not limited to shipwrecks to which the State has title under § 5305(a) of this title.
7 Del. C. § 6096 — Delaware Code / Title 7 / Chapter 60 / Subchapter VIII / Section 6096
§ Â
        6096. Title V account.
Status: in_force

The Secretary shall establish a separate account entitled the “Clean Air Act Title V Operating Permit Program Account,” hereinafter the “Account.” All fees collected under this subchapter shall be deposited into this account and utilized solely to cover all direct and indirect costs required to support the Title V Operating Permit Program, hereinafter “Program.” Any civil or administrative penalties or costs recovered as a result of a violation of a Title V permit shall be used to further the goals and purposes of the Department to promote clean air for the citizens of Delaware.
7 Del. C. § 2403 — Delaware Code / Title 7 / Chapter 24 / Section 2403
§ Â
        2403. Area permitted; method of taking under clam tong/rake license.
Status: in_force

(a) It shall be unlawful to take clams from any leased shellfish grounds or contaminated area, as determined by the Department, in Delaware Bay, Indian River and Bay, Rehoboth Bay, Little and Big Assawoman Bays and the tributaries thereof, except a person authorized in writing by the holder of a lease site may take clams from said leased shellfish grounds. Such written authorization shall be at all times on the person of a least 1 member of any crew while working on leased shellfish grounds.

(b) It shall be unlawful to take or attempt to take clams under a clam tong/rake license with any device from a vessel powered by sail or mechanical means.
7 Del. C. § 6905 — Delaware Code / Title 7 / Chapter 69 / Section 6905
§ Â
        6905. Applicability.
Status: in_force

(a) This chapter applies to any interest created after July 18, 1996, which complies with this chapter, whether or not such interest is designated as a conservation easement, covenant, equitable servitude, restriction, easement or otherwise.

(b) This chapter applies to any interest created before July 18, 1996, if it would have been enforceable had it been created after July 18, 1996, unless such retroactive application contravenes the constitution or laws of this State or the United States.

(c) This chapter does not invalidate any interest, whether designated as a conservation or preservation easement or as a covenant, equitable servitude, restriction, easement or otherwise that is enforceable under other law of this State.
7 Del. C. § 4502 — Delaware Code / Title 7 / Chapter 45 / Section 4502
§ Â
        4502. Cessions of public land to United States.
Status: in_force

All cessions of public land, which have been made to the United States for public purposes, are recognized and ratified according to the terms thereof.
7 Del. C. § 6033 — Delaware Code / Title 7 / Chapter 60 / Subchapter II / Section 6033
§ Â
        6033. Pretreatment program.
Status: in_force

(a) The Secretary shall develop, implement and enforce, and may amend, modify and repeal, a state pretreatment program in compliance with the Federal Water Pollution Control Act, as amended, 33 U.S.C. § 1251 et seq. and regulations promulgated thereunder. In addition to any other authority which the Secretary may exercise for this purpose under this chapter or other chapters of this Code, the Secretary may:

(1) Require any POTW to develop, submit for approval to the Secretary, administer and enforce a POTW pretreatment program;

(2) Review, approve and deny requests for approval of POTW pretreatment programs submitted by a POTW to the Secretary;

(3) Require any POTW, whether or not such POTW is required to develop and enforce a POTW pretreatment program, to develop, submit for approval to the Secretary and enforce specific limits on or prohibitions against discharges of pollutants by industrial users of such POTW to prevent interference with such POTW;

(4) Incorporate conditions into new or existing permits issued to POTWs, such as, but not limited to, compliance schedules, modification clauses, the elements of an approved pretreatment program and specific limits on or prohibitions against discharges by industrial users into such POTW;

(5) Review, approve and deny requests from POTWs required to develop POTW programs to modify categorical pretreatment standards to reflect removals achieved by such POTW;

(6) Require any POTW or industrial user to submit reports, monitor activities and maintain records to assure compliance with this section and regulations hereunder;

(7) Require compliance by industrial users with pretreatment standards, and discharge limits and prohibitions;

(8) Adopt, amend, modify or repeal rules or regulations to effectuate this section and comply with federal laws and regulations respecting pretreatment. Such rules and regulations shall be adopted, after public hearing, in accordance with § 6010 of this title; provided, however, that the Secretary may incorporate into state regulations without a public hearing a categorical pretreatment standard which has previously been promulgated by regulation by the Administrator of the United States Environmental Protection Agency. Prior to incorporating any such categorical pretreatment standard without a public hearing, the Secretary shall comply with §§ 10115, 10116 and 10118 of Title 29.

(b) The Secretary may seek any relief authorized by this chapter against any industrial user even if a POTW has acted or will act to seek such relief.
7 Del. C. § 910 — Delaware Code / Title 7 / Chapter 9 / Section 910
§ Â
        910. Types of fishing equipment and methods used for fishing for food fish.
Status: in_force

(a) Unless otherwise authorized by this chapter or the adoption of any Department regulation or issuance of Division permits subsequent to April 27, 1984, it is illegal for any person to fish for food fish in the tidal waters of the State with any fishing equipment or by any method, except:

(1) A hook and line;

(2) A troll line;

(3) A dip net;

(4) A lift net operated without the use of power;

(5) A push net;

(6) A cast net operated without the use of power;

(7) A spear or harpoon;

(8) A common haul seine operated without the use of power;

(9) A bait seine;

(10) A bag net;

(11) A hoop net not exceeding 72 inches in diameter;

(12) A fyke net not exceeding 72 inches in diameter and with wings or leaders not exceeding 180 feet in length;

(13) A fish pot or fish trap not exceeding 125 cubic feet and with an escape panel constructed of biodegradable netting and measuring at least 8 inches x 8 inches; and

(14) A gill net being fished in more or less a straight line.

(b) A person may land food fish caught with equipment or using a method not permitted under subsection (a) of this section if all of the following exist:

(1) The food fish was caught in the fishery conservation zone under § 901(d) of this title.

(2) The person has all necessary federal and state permits.

(3) The food fish is in compliance with an established state quota.

(4) The food fish was caught using equipment or a method that is legal in the fishery conservation zone.
7 Del. C. § 7504 — Delaware Code / Title 7 / Chapter 75 / Section 7504
§ Â
        7504. Definitions.
Status: in_force

As used in this chapter:

(1) “Conservation Trust Fund” means the Delaware Land and Water Conservation Trust Fund established and maintained pursuant to subchapter II of Chapter 54 of Title 30.

(2) “Council” means the Delaware Open Space Council established pursuant to this chapter.

(3) “Cultural resource site” means land that contains at least 1 of the following:

a. Archaeological resources.

b. An area listed or eligible for listing on the National Register of Historic Places.

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

(5) “Land” or “lands” means real property, including improvements thereon; rights of way; water, subaqueous land, and riparian rights; easements; privileges; and all other rights or interests of any kind or description in, relating to, or connected with real property or water.

(6) “Open space” or “open space land” means any land the permanent protection of which will further 1 or more purposes enumerated in § 7503(a) of this title.

(7) “Open Space Program” means the conservation program created to carry out the purposes of this chapter.

(8) “Permanent protection,” “permanently protected,” or “permanently protect,” means the acquisition by purchase, gift, grant, bequest, devise, or otherwise of the fee or any lesser interest, development right, easement, covenant, or other contractual right in land in perpetuity necessary to achieve the purposes of this chapter.

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

(10) “State agency” means, and shall apply exclusively to, the following units of state government which manage natural and cultural resources:

a. Department of Natural Resources and Environmental Control (Division of Parks and Recreation and Division of Fish and Wildlife).

b. Department of State (Division of Historical and Cultural Affairs).

c. Department of Agriculture (Delaware Forest Service).
7 Del. C. § 4207 — Delaware Code / Title 7 / Chapter 42 / Section 4207
§ Â
        4207. Fees.
Status: in_force

(a) The Department may establish an application fee not to exceed $500.

(b) Any fees collected under this chapter are hereby appropriated to the Department to carry out the purposes of this chapter. The Secretary shall report through the annual budget process the receipt, proposed use and disbursement of these funds.
7 Del. C. § 2601 — Delaware Code / Title 7 / Chapter 26 / Section 2601
§ Â
        2601. Commercial surf clam license.
Status: in_force

It shall be unlawful for any person to harvest surf clams in this State unless said person has applied for and secured from the Department of Natural Resources and Environmental Control and has in his or her possession a valid surf clam harvester’s license. The fee for a resident surf clam harvester’s license shall be $50 for residents and $500 for nonresidents.
7 Del. C. § 7703 — Delaware Code / Title 7 / Chapter 77 / Section 7703
§ Â
        7703. Purpose, goal and scope.
Status: in_force

(a) The purpose of this chapter is to protect the lives and health of citizens of the State living and working in the vicinity of facilities with extremely hazardous substances.

(b) This chapter is concerned with the prevention of sudden releases of EHS and the generation of pressure waves and thermal exposures beyond the property boundaries of the facility where they occur and the catastrophic health consequences caused by short-term exposures to such accidental releases. This chapter has the goal of prevention of such catastrophic events by requiring responsible person or persons having extremely hazardous substances on-site to take all feasible actions needed to minimize the probability of catastrophic events. It is the intent of this chapter to complement and be enforced in conjunction with other laws. The Department may, by regulation, exempt or establish a greater threshold quantity for an agriculture nutrient when exclusively used as an agricultural nutrient and held by a farmer. The Department shall, by regulation, determine whether other laws provide equal or more stringent protection according to the purpose of this chapter. In such instances, the Department may exempt a process containing an EHS from all or part of the elements of the risk management program developed under § 7709 of this title.

(c) Responsible person(s) from a regulated facility may select cost-effective methods of achieving the purpose of this chapter where a risk management program appropriate to the risk is in effect. EHS already under the jurisdiction of other laws may continue to be used subject to this chapter. Individual containers of EHS for retail sale only are not regulated by this chapter.
7 Del. C. § 4125 — Delaware Code / Title 7 / Chapter 41 / Subchapter III / Section 4125
§ Â
        4125. Filing of petition and report; action by district when formation is found to be not practicable and feasible.
Status: in_force

(a) If the county soil conservation district determines that the formation of the proposed tax ditch is practicable, feasible and in the interest of the public health, safety and welfare, it shall file the petition in the office of the prothonotary of the county in which all or the major portion of the land involved is located, together with the report of the Division of Watershed Stewardship and such other relevant information as the district deems appropriate.

(b) Where the county soil conservation district determines that the formation of the proposed tax ditch is not practicable and feasible or is not in the interest of the public health, safety and welfare, it shall so notify all of the petitioners involved, and a new petition for the formation of that tax ditch may not be refiled for a period of 1 year from the date of said notice.
7 Del. C. § 6202 — Delaware Code / Title 7 / Chapter 62 / Section 6202
§ Â
        6202. Definitions.
Status: in_force

The following words and phrases shall have the meanings ascribed to them in this chapter unless the context clearly indicates otherwise:

(1) “Claim” shall mean a demand in writing for damages.

(2) “Claimant” shall mean anyone who asserts a claim.

(3) “Cleanup costs” shall mean costs of reasonable measures taken, after an incident has occurred, to prevent, minimize or mitigate further oil pollution from that incident.

(4) “Discharge” shall mean any emission, intentional or unintentional, and shall include spilling, leaking, pumping, pouring, emptying or dumping.

(5) “Facility” shall mean a structure or group of structures (other than a vessel or vessels) including trucks, pipelines, bulk storage tanks and tank cars, used for the purpose of transporting, producing, processing, storing, transferring or handling oil.

(6) “Guarantor” shall mean the person, other than the owner or operator, who provides evidence of financial responsibility for an owner or operator.

(7) “Incident” shall mean any occurrence or series of occurrences, involving 1 or more vessels, facilities or any combination thereof, which causes or poses any threat of oil pollution in or upon the waters and lands of the State.

(8) “Offshore facility” means any facility of any kind located in, on, or under any of the navigable waters of the United States, and any facility of any kind which is subject to the jurisdiction of the United States and is located in, on, or under any other waters, other than a vessel or a public vessel;

(9) “Oil” shall mean oil of any kind or in any form, including petroleum, fuel oil, sludge, oil refuse, and oil mixed with wastes other than dredged spoil, but does not include any substance which is specifically listed or designated as a hazardous substance under § 101(14)(A)-(F) of the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. § 9601) and which is subject to the provisions of that Act (42 U.S.C. § 9601 et seq.) enacted as of June 6, 2013.

(10) “Oil pollution” shall mean any discharge of oil that results in a film on, emulsion in or sludge beneath the waters of the State or its shoreline.

(11) “Operator” shall mean:

a. In the case of a vessel, a charterer by demise or any other person who is responsible for the operation, manning, victualing and supplying of the vessel; or

b. In the case of a facility, any person responsible for the operation of the facility by agreement with the owner.

(12) “Owner” shall mean any person holding title to, or, in the absence of title, any other indicia of ownership of a vessel or facility, but does not include a person having only a security interest in, or security title to, a vessel or facility, under a contract of conditional sale, an equipment trust, a chattel or corporate mortgage, a lease which is the functional equivalent of an extension of credit or any similar instrument.

(13) “Person” shall mean an individual, firm, corporation, association or partnership.

(14) “Person in charge” shall mean the individual immediately responsible for the operation of a vessel or facility.

(15) “Refinery” shall mean a terminal which receives crude oil for the purpose of refinement.

(16) “Secretary” shall mean the Secretary of the Department of Natural Resources and Environmental Control.

(17) “Terminal” shall mean a facility, located within the boundaries of the State which receives oil in bulk directly from any vessel, offshore production facility, offshore port facility or onshore pipeline.

(18) “Vessel” shall mean every description of watercraft or other artificial contrivance used, or capable of being used, as a means of water transportation.

(19) “Waters of the State” shall mean those waters within the boundaries of the State as defined in § 201 of Title 29, including those waters of the territorial sea which are in direct contact with the coast of Delaware and extending from the line of ordinary low water seaward for a distance of 3 geographical miles.
7 Del. C. § 4208 — Delaware Code / Title 7 / Chapter 42 / Section 4208
§ Â
        4208. Rules.
Status: in_force

The Secretary shall develop and adopt regulations and standards in conjunction with a regulatory advisory committee, appointed by the Secretary, which include public and private dam owners, as well as appropriate state and federal agencies, conservation districts, and other governmental subdivisions of the State. Dam safety regulations and standards shall include but not be limited to definitions, permit-by-rule, general requirements and prohibitions, application procedures, dam classification, design criteria, construction requirements, operation and maintenance requirements and inspection requirements.
7 Del. C. § 10000 — Delaware Code / Title 7 / Chapter 100 / Section 10000
§ Â
        10000. Short title.
Status: in_force

This act shall be known as the “Delaware Climate Change Solutions Act of 2023.”
7 Del. C. § 6409 — Delaware Code / Title 7 / Chapter 64 / Subchapter I / Section 6409
§ Â
        6409. Covenant with bondholders.
Status: in_force

The State covenants and agrees with the holders of any bonds, other securities or obligations or contractual obligations of the Authority, assumed, issued or incurred by it and as security for which there may or may not be pledged the fees and revenues of any part thereof of any facility or other project that the State will not, so long as any of such bonds, other obligations or contractual obligations remain outstanding and unpaid, diminish or impair the power of the Authority to establish, levy and collect fees and other charges in connection therewith and that the State will not, so long as any of such bonds, other obligations or contractual obligations remain outstanding and unpaid, terminate the Authority or authorize any other authority or facility to undertake or assume the functions of the Authority, unless adequate provision shall be made by law for the protection of those advancing money or providing services with respect to such obligations.
7 Del. C. § 7101A — Delaware Code / Title 7 / Chapter 71A / Section 7101A
§ Â
        7101A. Definitions.
Status: in_force

In this chapter:

(1) “Cutoff luminaire” means a luminaire in which 2.5% or less of the lamp lumens are emitted above a horizontal plane through the luminaire’s lowest part and 10% or less of the lamp lumens are emitted at a vertical angle 80 degrees above the luminaire’s lowest point.

(2) “Light pollution” means the night sky glow caused by the scattering of artificial light in the atmosphere.

(3) “Lumen” means a standard measure of luminous flux representing the quantity of visible light output.

(4) “Luminaire” means a complete lighting unit, often referred to as a “light fixture”. A luminaire consists of the lamp, optical reflector and housing, and electrical components for safely starting and operating the lamp.

(5) “Outdoor lighting fixture” means any type of fixed or movable lighting equipment that is designed or used for illumination outdoors. The term includes billboard lighting, street lights, searchlights and other lighting used for advertising purposes, and area lighting. The term does not include lighting equipment that is required by law to be installed on motor vehicles or lighting required for the safe operation of aircraft.

(6) “State funds” means:

a. Money appropriated by the legislature; or

b. Bond revenues of the State.
7 Del. C. § 5301 — Delaware Code / Title 7 / Chapter 53 / Subchapter I / Section 5301
§ Â
        5301. Duties of the Department of State.
Status: in_force

The duties of the Department of State relative to archaeology within the State are as follows:

(1) To sponsor, engage in and direct archaeological research in this State and to encourage and coordinate archaeological research undertaken by any archaeological society, institution, agency or association of the State;

(2) To encourage cooperation among State agencies in the preservation, protection and excavation of archaeological resources which have or may come into the custody of any other agency of this State;

(3) To protect and encourage the preservation of archaeological resources located on privately owned lands in this State;

(4) To recover and preserve archaeological resources discovered during the course of any public construction in this State, when deemed appropriate by the Director of the Division of Historical and Cultural Affairs of the Department of State, and when the discovery is not subject to federal laws or other state laws that may require an archaeological investigation be conducted;

(5) To cooperate with and assist the University of Delaware and other public institutions of this State in the preservation and protection of archaeological resources;

(6) To furnish materials and objects to the Delaware State Museum, and/or other museums in the State, suitable for demonstrating and interpreting the State’s history and heritage;

(7) To furnish exhibits and/or other materials to public and private schools of this State, and to assist in the instruction of students on the State’s history and heritage, and the discipline of archaeology;

(8) To cooperate with similar agencies and institutions of other states and the federal government for the general purpose of preserving archaeological resources of this State, and to ensure that all such activity of agencies and institutions is in the best interest of the State;

(9) To publish or otherwise disseminate information resulting from archaeological research conducted in this State;

(10) To enforce the laws regulating archaeological resources situated on state-owned or state-controlled lands, including subaqueous lands.
7 Del. C. § 4345 — Delaware Code / Title 7 / Chapter 43 / Subchapter IV / Section 4345
§ Â
        4345. Election of lagoon managers and a secretary-treasurer; terms of office; vacancies.
Status: in_force

(a) At the first meeting the taxables shall elect from their group the number of lagoon managers specified in the lagoon order, and a secretary-treasurer.

(b) The term of office of each lagoon manager and of the secretary-treasurer shall be 1 year. If the lagoon managers and secretary-treasurer first elected are elected prior to July 1 of any year, the time elapsing between said election and the first annual January meeting provided for in § 4348 of this title shall be deemed to constitute the first year of their terms of office. However, if the lagoon managers and secretary-treasurer first elected are elected on or after July 1 of any year, their terms of office shall not be deemed to begin until the said first annual January meeting, although they shall assume the duties and responsibilities of their respective offices immediately upon election.

(c) In the event that any tax lagoon officer dies, resigns, ceases to be 1 of the taxables, or is removed from office, the remaining lagoon officers shall, within 60 days, appoint a taxable to serve the remainder of the term of such officer. However, except in the case of death or removal from office, each tax lagoon officer shall continue to serve until a successor has been appointed.
7 Del. C. § 1915 — Delaware Code / Title 7 / Chapter 19 / Section 1915
§ Â
        1915. Licensees with disabilities.
Status: in_force

In the event a person with a commercial shellfishing license is disabled and unable to perform the physical requirements necessary to harvest, transport and/or market shellfish for which he or she is licensed to harvest, said person may be issued a written permit by the Department authorizing a member of said person’s immediate family, as defined in § 1918(c) of this title to assist said person or perform in place of said person the harvesting, transporting and marketing of the shellfish for a period or periods not exceeding a total of 24 months. The duration and nature of the disability shall be specified in writing by a medical physician licensed to practice in the State. The 24 months may be continuous or fragmented. For purposes of this section, the term “disabled” shall mean a person, certified in writing by a licensed medical physician in Delaware, to be temporarily unable to perform the substantial and material duties associated with the harvesting, transporting or marketing of the shellfish in question based upon medical evidence.
7 Del. C. § 4101 — Delaware Code / Title 7 / Chapter 41 / Subchapter I / Section 4101
§ Â
        4101. Declaration of policy.
Status: in_force

It is declared that the drainage and the prevention of flooding of lands and the management of water for resource conservation shall be considered a public benefit and conducive to the public health, safety and welfare.
7 Del. C. § 739 — Delaware Code / Title 7 / Chapter 7 / Subchapter II / Section 739
§ Â
        739. Prohibitions respecting bald eagles; disturbing, damaging or destroying nests; eggs; penalties.
Status: in_force

(a) Any person who disturbs, destroys or in any manner damages a bald eagle’s nest or aerie shall be guilty of a class A environmental misdemeanor.

(b) Any person shooting, killing or attempting to kill a bald eagle or any person who removes, or attempts to remove eggs or eaglets from their nest or aerie shall be guilty of a class A environmental misdemeanor.

(c) Any person who barters, offers to barter, trades, offers to trade or possesses any bald eagle, bald eagle eggs or eaglets shall be guilty of a class A environmental misdemeanor.
7 Del. C. § 2605 — Delaware Code / Title 7 / Chapter 26 / Section 2605
§ Â
        2605. Penalty.
Status: in_force

Any person who violates this chapter shall be fined not less than $100 nor more than $1,000 for a first offense. For each subsequent conviction, a person shall be guilty of a class C environmental violation for the first offense. For each subsequent conviction, a person shall be guilty of a class B environmental misdemeanor.
7 Del. C. § 6613 — Delaware Code / Title 7 / Chapter 66 / Section 6613
§ Â
        6613. Taking without just compensation.
Status: in_force

If the Superior Court finds that the action appealed from constitutes a taking without just compensation, it shall invalidate the order and grant appropriate relief, unless the Secretary at this stage, consents to the reversal or modification of his or her decision. However, the Secretary may, through negotiation or condemnation proceedings under Chapter 61 of Title 10, acquire the fee simple or any lesser interest, including but not limited to, a perpetual negative easement or other interest which assures that the affected land shall not thereafter be altered, dredged, dumped upon, filled or otherwise altered subject to any reasonable reservations to the landowner as the Secretary may have stipulated to prior to assessment of damages. A decision of the Superior Court that the action appealed from constitutes a taking without just compensation shall not become effective for 2 years of the date of decision and shall not become effective at all if within that period the Secretary has initiated action to acquire fee simple or any lesser interest in the wetlands in question. A finding of the Superior Court that the denial of a permit or the restrictions imposed by a granted permit constitutes a taking without just compensation shall not affect any land other than that of the petitioning landowner. If the Secretary has not initiated action to acquire fee simple or any lesser interest in the wetlands in question within 2 years from the date of a final court ruling, the permit must be granted as applied.
7 Del. C. § 6119 — Delaware Code / Title 7 / Chapter 61 / Section 6119
§ Â
        6119. Pollution and contamination prohibited.
Status: in_force

(a) Avoidable pollution or avoidable contamination of the ocean and of the waters covering submerged lands, avoidable pollution or avoidable contamination of the beaches or land underlying the ocean or waters covering submerged lands, or any substantial impairment of and interference with the enjoyment and use thereof, including but not limited to bathing, boating, fishing, fish and wildlife production, and navigation, shall be prohibited and the lessee shall exercise a high degree of care to provide that no oil, tar, residuary product of oil or any refuse of any kind from any well or works shall be permitted to be deposited on or pass into the waters of the ocean, any bay or inlet thereof, or any other waters covering submerged lands; provided, however, that this section does not apply to the deposit on, or passing into, such water or waters not containing any hydrocarbons or vegetable or animal matter.

(b) For the purposes of this section, “avoidable pollution” or “avoidable contamination” means pollution or contamination arising from:

(1) The acts or omissions of the lessee or its officers, employees or agents; or

(2) Events that could have been prevented by the lessee or its officers, employees or agents through the exercise of a high degree of care.
7 Del. C. § 6136 — Delaware Code / Title 7 / Chapter 61 / Section 6136
§ Â
        6136. Jurisdiction over matters affecting health and safety.
Status: in_force

This chapter does not deprive this State or any agency or instrumentality thereof of its jurisdiction over matters affecting the public health and safety, including but not limited to the control of air and water pollution.
7 Del. C. § 1801 — Delaware Code / Title 7 / Chapter 18 / Section 1801
§ Â
        1801. Definitions.
Status: repealed

(a) [Repealed.]

(b) “Commercially fish” shall mean for any person to attempt to take, take, catch, kill or reduce to possession any eel for the purpose of selling, trading or exchanging for money, materials or services with another or to set or fish any commercial eel fishing gear as defined in § 1810(3) of this title.

(c) “Delaware Bay” shall mean all those waters and submerged lands under the jurisdiction of the State located within an area bordered on the north by a straight line drawn between Liston Point, Delaware and Hope Creek, New Jersey and bordered on the south by a line drawn from Cape May Light to Harbor of Refuge Light; thence to the northernmost extremity of Cape Henlopen, but not including any tributaries thereto.

(d) “Delaware River” shall mean all those waters and submerged lands under the jurisdiction of the State located within an area to the north of a straight line connecting Liston Point, Delaware and Hope Creek, New Jersey, but not including any tributaries thereto.

(e) “Department” shall mean the Department of Natural Resources and Environmental Control.

(f) “Eels” shall mean American eels, Anguilla rostrata.

(g) “Initially sold” shall mean the first transaction of eel exchange between the person catching the eels and another person for monetary, material or services exchange.

(h) [Repealed.]

(i) “Nontidal waters” shall mean those waters where the tide does not regularly rise and fall.

(j) “Person” shall mean any human being.

(k) “Resident” shall mean a person who has resided in this State continuously for 1 year.

(l) “Secretary” shall mean the Secretary of the Department of Natural Resources and Environmental Control or the Secretary’s duly authorized designee.

(m) “Tidal waters” shall mean those waters where the tide regularly rises and falls.

(n) “To fish” shall mean to attempt to take, take, catch, kill or reduce to possession any eel by any means whatsoever.
7 Del. C. § 10001 — Delaware Code / Title 7 / Chapter 100 / Section 10001
§ Â
        10001. Legislative purpose.
Status: in_force

(a) The General Assembly finds all of the following:

(1) Anthropogenic emissions of greenhouse gases are contributing to climate change and have caused global temperatures to rise by approximately 1 degree Celsius above preindustrial levels.

(2) Climate change threatens the health and well-being of the people of Delaware, particularly Delawareans residing in historically over-burdened and under-served communities, and results in severe impacts such as sea-level rise, increasing temperatures and changes to precipitation patterns. Climate change will also intensify and increase the frequency of extreme weather events, such as coastal storm surges, flooding, and heat waves.

(3) The threat that climate change poses to Delaware is multi-faceted, resulting in disruptions and damage to the State’s agriculture industry, water resources, built infrastructure, natural resources, and public health.

(4) Delaware has the lowest mean elevation of any state in the nation and is therefore particularly vulnerable to coastal climate change impacts, including sea-level rise, flooding, saltwater intrusion into drinking water and agricultural lands, erosion, wetland loss, beach loss, and extreme storm events.

(5) Delaware’s economy and public safety are dependent on transportation, water, and energy infrastructure systems that must be adaptive to current and future climate change.

(6) Climate change poses risks to Delaware’s continued economic vitality, including an industrial center and major port located on the Delaware River, subject to flooding and storm surge; a tourism economy on the Atlantic Beach communities exposed to sea-level rise, flooding, and storm impacts; and a robust agriculture sector vulnerable to weather extremes, flooding, and saltwater intrusion.

(7) The continued health and quality of life of Delaware’s residents are dependent upon reducing its emissions of greenhouse gases and maintaining and improving the State’s resiliency to the impacts of climate change.

(8) Actions taken to reduce greenhouse gas emissions and increase resiliency to climate change have co-benefits to economic development, job opportunities, public health and air and water quality.

(b) Based on its findings in subsection (a) of this section, the General Assembly determines that it is in the public interest to develop a comprehensive approach to reduce emissions of greenhouse gases in the State and to maximize the State’s adaptation and resiliency to the effects of climate change.