7 Del. C. § 4195 — Delaware Code / Title 7 / Chapter 41 / Subchapter VI / Section 4195
§ Â
        4195. Notice of right-of-way, or assessment.
Status: in_force

(a) The Department of Natural Resources and Environmental Control shall certify and file with the prothonotary of each county a list of all parcels by county tax parcel numbers and all owners of said parcels of real property located in that county which are subject to any portion of a right-of-way or assessment as part of a tax ditch created by this chapter. The list shall be in alphabetical order by owner. The Department shall also certify and similarly file a list of any changes of parcel numbers subject to such right-of-way or assessment annually. Additionally, the Department shall certify and similarly file a list of any addition or deletion of a parcel or parcels subject to a right-of-way or assessment immediately upon making any such addition or deletion.

(b) No later than 180 days after complying with subsection (a) of this section the Department shall certify and file with the prothonotary of each county a list of all parcels by county tax parcel numbers and all owners of said parcels listed in alphabetical order and designating which parcels are subject to a right-of-way and assessment, and which parcels are subject only to an assessment.

(c) The certified list submitted pursuant to subsection (a) or (b) of this section shall be confirmed by order of the Resident Judge of Superior Court for each county, which order shall:

(1) State the name of the tax ditch;

(2) State the owner’s name or names and that owner’s county tax parcel number for each parcel subject to the right-of-way and assessment and each parcel subject to an assessment only; and

(3) Direct that the order be recorded in the Office of the Recorder of Deeds in and for that county.

(d) There shall be no charge or fee to file the list required by subsection (a) of this section.

(e) There shall be no charge or fee to record the order pursuant to this subsection.
7 Del. C. § 7419A — Delaware Code / Title 7 / Chapter 74A / Section 7419A
§ Â
        7419A. Applicability of Brownfields Development Program.
Status: in_force

A person approved as a brownfields developer who enters into a Brownfields Development Agreement with the Secretary pursuant to the provisions of Chapter 91 of this title, is not liable for any release or imminent threat of release of regulated substances existing at the facility when the Brownfields Development Agreement is entered into. The person is also not liable for any corrective actions or for the costs of any corrective actions incurred by the State or any other person upon the signing of the Brownfields Development Agreement provided that all of the following conditions are met:

(1) The person did not cause or contribute to the release from an aboveground storage tank, and is not liable or required to take measures for the prompt control, containment, and removal of a released regulated substance from an aboveground storage tank regulated under this chapter.

(2) The person proposes to conduct investigations at the facility where the release occurred.

(3) The person agrees to comply with the provisions of the Brownfields Development Program as well as all other applicable laws, regulations, guidance, and directives of the Department related thereto.
7 Del. C. § 4314 — Delaware Code / Title 7 / Chapter 43 / Subchapter III / Section 4314
§ Â
        4314. Deposit upon filing of petitions for tax lagoon.
Status: in_force

(a) The Division of Watershed Stewardship shall require that a specified sum be deposited with it by the petitioners before the petition is filed in the office of the prothonotary to cover filing fees, mailing and other necessary expenses. The amount of the deposit shall be determined by the Division of Watershed Stewardship and may vary according to the size of the area involved, the complexity of the problem, and other pertinent factors. If the original deposit is not sufficient, the Division of Watershed Stewardship shall require an additional deposit as soon as the need for such becomes evident.

(b) The Division of Watershed Stewardship shall keep an account of such deposits and shall return any unused portion thereof to the petitioners upon completion of final action by the Superior Court. When such action is favorable, the petitioners shall be repaid out of the first moneys collected by the tax lagoon all expenses of formation charged to them by the Division of Watershed Stewardship.

(c) From the funds deposited with it pursuant to this section, the Division of Watershed Stewardship shall pay filing fees, mailing and other necessary expenses incurred in the investigation and formation of a tax lagoon.
7 Del. C. § 4324 — Delaware Code / Title 7 / Chapter 43 / Subchapter III / Section 4324
§ Â
        4324. Hearing; adoption of proposed report; right to adjourn hearing; referendum.
Status: in_force

At the time and place designated in the notice, the board of lagoon management commissioners, with the assistance of the Division of Watershed Stewardship, shall hold a hearing at which all persons interested shall have an opportunity to express their opinions on and objections to the proposed report required by § 4322 of this title. The board of lagoon management commissioners shall make such changes in the proposed report as it deems warranted from evidence presented at the hearing, and shall then adopt the report and declare it final. If, however, as a result of the hearing, the board of lagoon management commissioners deems it advisable, it may adjourn the hearing in order to enable it to reexamine and modify its report in the light of the opinions and objections expressed at the hearing. The hearing may be adjourned to a fixed future date with no additional notification required or adjourned to an unspecified future date for which the notification and display procedures of § 4323 of this title will again apply. At the conclusion of the hearing, a referendum shall be held under the supervision of the board of lagoon management commissioners and the Division of Watershed Stewardship. The referendum shall afford each landowner the opportunity to cast a ballot for or against the formation of the proposed tax lagoon in accordance with the final report of the board of lagoon management commissioners. Each landowner shall be entitled to the same number of votes as the number of dollars shown as the assessment base for the lands by the board of lagoon management commissioners. A referendum to approve a proposed tax lagoon shall be adopted only if passed by a three-fourths majority.
7 Del. C. § 1913 — Delaware Code / Title 7 / Chapter 19 / Section 1913
§ Â
        1913. Inspection and seizure.
Status: in_force

(a) Any employee, authorized by the Department, at a reasonable time may board any boat, inspect equipment, materials or shellfish, or lands associated with or used in the taking or cultivation of shellfish.

(b) The Department may seize any shellfish or equipment as evidence which is believed to be in violation of or is being used by a violator of Chapters 19 through 28 of this title or the regulations promulgated pursuant thereto. Seized equipment, at the discretion of the Department, may be released upon the posting of a bond, the value of which shall be determined by the magistrate.
7 Del. C. § 2006 — Delaware Code / Title 7 / Chapter 20 / Section 2006
§ Â
        2006. Size and advertising of shellfish grounds; application for lease.
Status: in_force

(a) No shellfish grounds shall be leased to any person or persons, partnerships or corporations in tracts consisting of less than 1 acre or more than 5 acres in Rehoboth and Indian River Bays combined. All leases shall be granted in minimum increments of 1 acre. An applicant may lease 1-5 acres in Little Assawoman Bay in addition to any acreage leased by the applicant in Rehoboth and Indian River Bay. All leases will be in a general rectangular shape. The initial offering of sites available for leasing shall be by public lottery conducted by the Department. Included in the lottery shall be all eligible applicants who indicate in writing before the published deadline their desire to participate in the lottery. Opportunity to participate in the lottery shall be duly noticed by the Department in a press release and publication of a legal notice in 2 newspapers of state-wide distribution at least 30 days prior to the lottery. The first participant selected in the lottery shall have first choice among available lease sites. The second participant selected shall have second choice. The third participant shall have third choice and so on until all available acreage for leasing has been assigned, or there are no more applicants remaining in the lottery. Subsequent to the initial lottery, potential lease sites shall be available for leasing on a first-come, first-serve basis.

(b) After 3 years from the date of issuance of the first lease, the Department shall decide by regulation if the size of leases issued to any 1 applicant may be increased beyond 5 acres. Those already holding leases shall have first right of refusal concerning adding to their acreage beyond 5 acres up to the maximum acreage allowed to any 1 applicant. The restriction contained in this subsection shall not apply to those leases granted for scientific purposes as described in § 2005(b) of this title.

(c) The Department shall annually make available to anyone requesting it the general locations of identified shellfish grounds which are available to be leased and are not currently subject to a valid lease. Upon specific request, the Department shall furnish a more detailed description of the remaining specific shellfish aquaculture subaqueous lands identified for lease.

(d) Any person wishing to lease shellfish grounds in accordance with this section shall make application to the Department on a form which shall be provided by the Department. Each application must be complete. The Department may require additional and/or supplemental information if deemed necessary.

(e) The Department shall have the final authority to approve a proposed lease in an area not identified for shellfish aquaculture by the Department, taking into consideration comments received at any public hearings relative to the proposed lease.

(f) In the event that more than 1 application is received for the same lease grounds, the grounds will be leased on a first-come, first-serve basis.
7 Del. C. § 6024 — Delaware Code / Title 7 / Chapter 60 / Subchapter II / Section 6024
§ Â
        6024. Right of entry.
Status: in_force

The Secretary, or the Secretary’s duly authorized designee, in regulating water pollution, air pollution, solid waste disposal or any other matter over which he or she has jurisdiction pursuant to this chapter, may enter, at reasonable times, upon any private or public property for the purpose of determining whether a violation exists of a statute or regulation enforceable by him or her, upon given verbal notice, and after presenting official identification to the owner, occupant, custodian or agent of said property.
7 Del. C. § 4188 — Delaware Code / Title 7 / Chapter 41 / Subchapter VI / Section 4188
§ Â
        4188. Addition of territory to a tax ditch.
Status: in_force

(a) Any landowner who desires his or her lands to be included within a tax ditch formed under this chapter, may present a petition for an amendment to the existing ditch order to include such lands, to the Superior Court of the county which issued said ditch order through the board of supervisors of the soil conservation district of the same county, and the procedure shall be substantially the same as method in § 4189(3) of this title, for amending a ditch order, except that, in addition to establishing an assessment base which will be the basis for all future ditch taxes, for each parcel of land being included within the tax ditch, a special assessment, based generally on the approximate total amount of taxes that would have been levied against such parcels of land since the tax ditch was formed, had such lands been within the original boundaries of said tax ditch and other considerations, shall be determined by the board of ditch commissioners and payment thereof prescribed in their report to the Superior Court.

(b) In those cases when any landowner, directly or indirectly, alters lands to utilize any part of a tax ditch to benefit land which is not within the original boundary of the tax ditch as established in the ditch order and which was not assessed as part of the tax ditch, or which was not assessed to the prong or part of the tax ditch utilized by the alteration, and when the landowner or owners have not secured an amendment to the ditch order in accordance with the procedure set forth in subsection (a) of this section, it shall be assumed that such landowner accepts the liability for payment of a special assessment and costs incurred in processing an amendment to the ditch order, in addition to all future ditch taxes, and it shall be the duty of the ditch managers in the name of the tax ditch to present a petition for an amendment to the existing ditch order to include such lands, in the same manner as set forth in subsection (a) of this section and the procedure shall be the same as outlined in that subsection, except that estimated costs of processing the amendment shall be added to the special assessment which will be established by the board of ditch commissioners.

(c) In those cases when any landowner desires his or her lands to be included within a tax ditch and when agreement can be reached on the part of the landowner and the tax ditch managers as to the special assessment to be paid and the assessment base to be established as the basis for all future ditch taxes, then method (1) or method (2) of § 4189 of this title may be used to add the additional territory to the tax ditch.
7 Del. C. § 5703 — Delaware Code / Title 7 / Chapter 57 / Section 5703
§ Â
        5703. Costs and expense; fund to be charged.
Status: in_force

Such sums as may be required, whether in payment of the costs of necessary legal proceedings, as compensation to property owners, or in furtherance of any agreement authorized by § 5702 of this title, shall be charged against any special or emergency appropriation made by the General Assembly in connection with the work or project which is the subject matter of the agreement with the federal government or its agencies.
7 Del. C. § 6093 — Delaware Code / Title 7 / Chapter 60 / Subchapter VII / Section 6093
§ Â
        6093. Penalty; enforcement.
Status: in_force

(a) Any person who violates this subchapter or any rule or regulation duly promulgated thereunder or any order of the Secretary issued pursuant to this subchapter shall be punishable as follows:

(1) If a violation has been completed, by a civil penalty imposed by the Justice of the Peace Court of not less than $250 nor more than $1,000 for each completed violation. The Secretary may also seek a permanent or preliminary injunction or temporary restraining order in the Court of Chancery.

(2) If a violation is continuing, the Secretary may seek a monetary penalty as provided in paragraph (a)(1) of this section. If a violation is continuing or is threatened, the Secretary may also seek a temporary restraining order or permanent injunction in the Court of Chancery.

(b) The Secretary shall have the authority to enforce this subchapter.
7 Del. C. § 4179 — Delaware Code / Title 7 / Chapter 41 / Subchapter V / Section 4179
§ Â
        4179. Special tax.
Status: in_force

A special tax to raise the funds necessary to carry into effect any of the provisions of this chapter and not otherwise provided for herein, may be levied by the ditch managers in the same manner as provided in this chapter for levying taxes for original construction.
7 Del. C. § 7420 — Delaware Code / Title 7 / Chapter 74 / Subchapter II / Section 7420
§ Â
        7420. Notification requirement for Stage 1 vapor recovery activities.
Status: in_force

The vapor recovery permit requirements for Stage 1 vapor recovery equipment, as identified by the Department, and operation thereof required under § 6003 of this title may be suspended by the Secretary and replaced with a notification requirement in accordance with duly promulgated regulations.
7 Del. C. § 7702 — Delaware Code / Title 7 / Chapter 77 / Section 7702
§ Â
        7702. Findings.
Status: in_force

(a) The General Assembly finds that a portion of Delaware’s population is potentially exposed to accidental releases of extremely hazardous substances (EHS) which could cause deaths or permanent disabilities to persons experiencing short-term exposure to those substances.

(b) The General Assembly also finds that although modern technology, operating systems, inspection and monitoring programs and other safeguards cannot guarantee that catastrophic releases of EHS, generation of pressure waves or thermal exposure will not occur, a well conceived and vigorously managed risk management program can reduce the likelihood of such occurrences.

(c) The General Assembly further finds that there is a need to educate the public, the business community and every person associated with EHS about the risks of EHS, and the measures that can be taken to minimize the probability of catastrophic events associated with EHS.

(d) The Department adopted the Delaware “Regulation for the Management of Extremely Hazardous Substances” on September 25, 1989, and modified this regulation on December 18, 1995, in accordance with this chapter.

(e) The General Assembly finds that the United States Congress authorized the United States Environmental Protection Agency (EPA) and the United States Department of Labor, Occupational Safety and Health Administration (OSHA) to develop similar federal requirements in the Clean Air Act Amendments of 1990. OSHA promulgated its standard (29 C.F.R. 1910.119) on February 24, 1992. EPA promulgated its list rule (40 C.F.R. 9 and 68) on January 31, 1994. Additionally, EPA promulgated its Accidental Release Requirements rule (40 C.F.R. Part 68) on June 20, 1996. The Clean Air Act Amendments of 1990 allows for the delegation of the federal EPA authority for the Accidental Release Requirement rule to a state implementing agency.

(f) The Department shall undertake the delegation of EPA’s authority by the regulatory revision process enacted in this chapter. The Department shall act to maintain EPA’s delegated authority once it is obtained. The Delaware “Regulation for the Management of Extremely Hazardous Substances” which became effective on September 25, 1989, and was modified on December 18, 1995, shall remain in effect until the revised regulation becomes effective on or before June 21, 1999.
7 Del. C. § 7502 — Delaware Code / Title 7 / Chapter 75 / Section 7502
§ Â
        7502. Declaration of policy.
Status: in_force

The General Assembly finds that:

(1) The provision of lands for public recreation and conservation of natural resources promotes biological diversity, public health, prosperity and general welfare and is a proper responsibility of government.

(2) Lands now provided for such purposes will not be adequate to meet the needs of an expanding population in years to come.

(3) The expansion of population, while increasing the need for such lands, will continually diminish the supply and tend to increase the cost of public acquisition of lands available and appropriate for such purposes.

(4) Rapid growth and spread of urban development is encroaching upon, or eliminating, many open areas and spaces of varied size and character and many sites with important cultural and natural resources. These areas, spaces, and sites, if preserved and maintained in their present open state, constitute important physical, biological, social, aesthetic, recreational, or economic assets.

(5) The State must continue to permanently protect substantial quantities of such lands as are now available and appropriate so that they may be preserved and developed for the purposes enumerated herein.

(6) It is the public policy of the State that the permanent protection of land shall be accomplished through the voluntary acquisition of interests or rights in land, or donation of said lands, and that said acquisition or donation constitutes a public purpose for which public funds have been expended or advanced and should be continued.
7 Del. C. § 2009 — Delaware Code / Title 7 / Chapter 20 / Section 2009
§ Â
        2009. Harvester licenses.
Status: in_force

(a) For an annual fee of $25 the Department shall issue and administer shellfish aquaculture harvester licenses to any qualifying individual desiring to work on leased shellfish aquaculture sites who is not the lease holder of the shellfish aquaculture sites. The Department shall establish by regulation the qualifications for obtaining a shellfish aquaculture harvesting license.

(b) It shall be unlawful for any individual(s) working on a shellfish aquaculture lease site to not have at all times at least 1 person who is the holder of the lease for the site in question or 1 person having in his or her possession a valid shellfish aquaculture harvest license.

(c) It shall be unlawful for any licensed shellfish harvester to work on any shellfish aquaculture lease site without first obtaining the written permission of the lease holder for the site in question. Such written permission from the lease holder shall be in the possession of the shellfish aquaculture harvester licensee at all times while working on the lease site in question.
7 Del. C. § 4213 — Delaware Code / Title 7 / Chapter 42 / Section 4213
§ Â
        4213. Appeals.
Status: in_force

(a) Except as otherwise provided in this chapter, any action or determination by the Department under this chapter shall be subject to appeal to the Environmental Appeals Board in accordance with the provisions of § 6008 of this title.

(b) Appeals of decisions by the Environmental Appeals Board shall be conducted pursuant to § 6009 of this title.
7 Del. C. § 4129 — Delaware Code / Title 7 / Chapter 41 / Subchapter III / Section 4129
§ Â
        4129. Assessment list.
Status: in_force

After determining the basis for distribution of costs among the landowners, the board of ditch commissioners shall prepare an assessment list which shall show the names of all owners of property, wholly or partly within the watershed of the proposed tax ditch, together with addresses and descriptions of those properties as currently recorded by the board of assessment of the county. The list shall also show, for each property, that portion, expressed in acres, which is within the watershed or drainage area. The cost-sharing or assessment base, expressed in dollars, for each of said properties shall also be shown. The sum of the individual property assessment bases shall be termed the total assessment base which in all cases shall be equal to or greater than the total cost of the proposed tax ditch works of improvement. The assessment list, as modified by the ditch order, described in § 4137 of this title, shall be the basis for all taxes levied under this chapter.
7 Del. C. § 5102 — Delaware Code / Title 7 / Chapter 51 / Section 5102
§ Â
        5102. Agency in charge of cemetery; powers.
Status: in_force

The Delaware Society for the Preservation of Antiquities, a corporation of the State, is the state agency or authority of the State designated to carry out this chapter. The Society shall provide for the care and maintenance and the reconstruction and restoration of the Unknown Sailors’ Cemetery, and may make application to any federal department, board or agency for the performance of any necessary work and may accept any grant which is available to it as such state agency or to the State for the purpose of the reconstruction and restoration of the cemetery.
7 Del. C. § 913 — Delaware Code / Title 7 / Chapter 9 / Section 913
§ Â
        913. Sale, trade and/or barter of food fish.
Status: in_force

(a) No individual who catches or takes any species of food fish, from or out of the tidal waters of this State shall sell, trade and/or barter said food fish, unless said individual has been issued a valid commercial food fishing license by the Department.

(b) No individual who catches or takes any species of food fish from or out of the tidal waters of this State shall attempt to sell, trade and/or barter said food fish, unless said individual has been issued a valid commercial food fishing license by the Department.

(c) No individual shall purchase, trade for or barter for any food fish, from another individual who catches or takes food fish from or out of the tidal waters of this State unless said other individual who catches or takes food fish from or out of the tidal waters of this State possesses a valid commercial food fishing license.

(d) No individual shall fish with a drifting gill net unless said individual has been issued a valid commercial food fisher’s license and appropriate fishing equipment permits by the Department.

(e) No individual who catches or takes any species of food fish from or out of the tidal waters of this State shall give or transfer said food fish without compensation to another individual for subsequent sale, trade or barter unless the individual giving or transferring said food fish has been issued a valid commercial food fishing license by the Department.

(f) No individual shall sell, trade and/or barter or attempt to sell, trade and/or barter any food fish taken with food fishing equipment for which a food fishing equipment permit has been issued to a recreational finfisher.

(g) Any person who violates subsection (a), (b), (c), (d) or (f) of this section shall be guilty of a Class C environmental violation.

(h) Any person who violates subsection (e) of this section shall be guilty of a Class D environmental violation. Each food fish purchased, traded or bartered for shall constitute a separate violation.
7 Del. C. § 6315 — Delaware Code / Title 7 / Chapter 63 / Subchapter II / Section 6315
§ Â
        6315. Interference with Department personnel.
Status: in_force

No person shall obstruct, hinder, delay or interfere with, by force or otherwise, the performance by Department personnel of any duty under this chapter, or any regulation, order, permit or decision promulgated or issued thereunder.
7 Del. C. § 5401 — Delaware Code / Title 7 / Chapter 54 / Section 5401
§ Â
        5401. Purpose.
Status: in_force

The purposes of this chapter are:

(1) To help provide adequate protection for unmarked human burials and human skeletal remains found anywhere within the State, including subaqueous lands, but excluding those found anywhere on federal land.

(2) To provide adequate protection for unmarked human burials and human skeletal remains not within the jurisdiction of the Medical Examiner that are encountered during archaeological excavation, construction, or other ground disturbing activities.

(3) To provide for adequate skeletal analysis of remains removed or excavated from unmarked human burials.

(4) To provide for the dignified and respectful reinterment or other disposition of Native American, African American, and all other skeletal remains, including those of enslaved individuals and individuals of undetermined cultural affiliation.
7 Del. C. § 4158 — Delaware Code / Title 7 / Chapter 41 / Subchapter IV / Section 4158
§ Â
        4158. Compensation of ditch managers and secretary-treasurer.
Status: in_force

Tax ditch managers and the secretary-treasurer may be entitled to receive compensation at a rate to be determined by a majority of the eligible votes of those taxables present at the first meeting provided for in § 4159 of this title. The rate of compensation for the tax ditch managers and secretary-treasurer may be revised only at a regular annual meeting of the taxables.
7 Del. C. § 4351 — Delaware Code / Title 7 / Chapter 43 / Subchapter IV / Section 4351
§ Â
        4351. Duties of lagoon managers.
Status: in_force

In addition to the duties specified in other sections of this chapter, the lagoon managers shall:

(1) Determine from the taxables the desired program of operations;

(2) Determine the amount of taxes to be levied to carry out such desired program;

(3) Secure specific authority for borrowing money in the name of the tax lagoon by a majority vote of the taxables present at a duly called meeting of the tax lagoon;

(4) At the first meeting, or within 30 days thereafter, prepare, with the assistance of the Division of Watershed Stewardship, a comprehensive plan for carrying out the desired program, which plan shall include provisions for levying taxes and for financing the program;

(5) Execute warrants, with the assistance of the Division of Watershed Stewardship, to the receiver of taxes and county treasurer authorizing and requesting the collection of all tax lagoon taxes other than maintenance taxes;

(6) Execute a warrant, with the assistance of the Division of Watershed Stewardship, to the receiver of taxes and county treasurer authorizing and requesting the annual collection of a tax in the amount of 2 percent of the total assessment base or in the amount of 2 percent of the total benefits for tax lagoons previously formed under the original provisions of this chapter, said warrant to be marked plainly as being for annual maintenance taxes and to be issued simultaneously with the issuance of the first warrant for the collection of taxes for construction purposes;

(7) Make a report, at the annual meeting, of their activities during the year preceding such annual meeting;

(8) Provide for work on the tax lagoon; and

(9) Provide for adequate maintenance of the tax lagoon.
7 Del. C. § 7110 — Delaware Code / Title 7 / Chapter 71 / Subchapter I / Section 7110
§ Â
        7110. Temporary emergency variance.
Status: in_force

(a) A temporary emergency variance may be granted by the Department:

(1) If a severe hardship would be caused by the time period involved in obtaining a full variance.

(2) If the emergency is of an unforeseen nature so as to preclude a full variance because of time limitations.

(3) If all conditions comply with those required for a full variance.

(4) For a period not to exceed 60 days, not to be extended more than once.

(b) The granting of any temporary emergency variance shall be published within 5 days of the granting in a newspaper of general circulation once a week for 2 weeks in the county where the applicant resides.
7 Del. C. § 2104 — Delaware Code / Title 7 / Chapter 21 / Section 2104
§ Â
        2104. Oyster harvesting methods.
Status: in_force

(a) It shall be unlawful for a person to use any hydraulic dredge or mechanical device employing a vacuum or suction for the harvesting of oysters from any natural oyster bed without the prior written permission of the Department.

(b) It shall be unlawful for a person to harvest oysters from the State’s natural oyster beds without immediately culling said live oysters from all shell and other materials and returning said shell and other materials to the State’s natural oyster beds. Oysters shall be culled as aforesaid so that 2 bushels of oysters shall not contain more than 5 percent shells and other materials.
7 Del. C. § 6115 — Delaware Code / Title 7 / Chapter 61 / Section 6115
§ Â
        6115. Bonds.
Status: in_force

Sufficient bonding or insurance requirements, as determined by the Secretary shall be specified to secure to the State performance and the faithful compliance by the lessee with the terms of the lease, and further to secure adjacent landowners and the public generally as to all proper claims for damages arising from operations thereunder.
7 Del. C. § 4164 — Delaware Code / Title 7 / Chapter 41 / Subchapter IV / Section 4164
§ Â
        4164. Bond of secretary-treasurer.
Status: in_force

The secretary-treasurer shall, before assuming the duties of his or her office and within 15 days after his or her election, furnish a bond in favor of the tax ditch, in an amount satisfactory to the ditch managers and with a surety to be approved by the ditch managers, conditioned for the faithful performance of his or her duties and for the payment to his or her successor of all tax ditch funds. If any person elected secretary-treasurer neglects or refuses to give bond as aforesaid within the time specified, his or her right to hold such office shall be terminated, and the ditch managers shall call a special meeting of the taxables to elect a new secretary-treasurer who shall give bond and security as provided in this section.
7 Del. C. § 750 — Delaware Code / Title 7 / Chapter 7 / Subchapter III / Section 750
§ Â
        750. Placement of traps for muskrats.
Status: in_force

The habitat of a muskrat shall be a marsh of any size, ordinarily subject to rise and fall of tide, a ditch, a stream, or land not suited to cultivation of crops due to a normally marshy condition. A trap set or found at any place other than such habitat shall be considered as having been set for game animals other than muskrats.
7 Del. C. § 708 — Delaware Code / Title 7 / Chapter 7 / Subchapter I / Section 708
§ Â
        708. Loaded firearms or projectile weapons prohibited in or on motor vehicles, motorboats or farm machinery.
Status: in_force

No person shall, for purposes of taking wildlife, have a loaded firearm or projectile weapon in that person’s possession in, against or on any automobile, other vehicle, any piece of farm machinery, motorboat while under power, sailboat while under power, or have any ammunition in the magazine or chamber of such firearm or projectile weapon except when it is otherwise lawful to hunt crippled migratory birds from a motorboat as permitted by federal law.
7 Del. C. § 720 — Delaware Code / Title 7 / Chapter 7 / Subchapter I / Section 720
§ Â
        720. Conditional permits for disabled persons.
Status: in_force

Notwithstanding §§ 707, 708 and 719 of this title, the Director of the Division of Fish and Wildlife, Department of Natural Resources and Environmental Control, upon written application and presentation of a medical doctor’s written statement that the applicant is unable to walk or is otherwise physically disabled to the extent that the applicant cannot safely hunt except from a vehicle, may issue a conditional permit to shoot wild birds and wild animals from a stationary vehicle during established hunting seasons and in accordance with other existing laws and regulations.
7 Del. C. § 4203 — Delaware Code / Title 7 / Chapter 42 / Section 4203
§ Â
        4203. Application.
Status: in_force

(a) This chapter shall apply to any dam which is owned by the State or any county in the State, or any municipality or any quasi-governmental agency of the State that is 25 feet or more in height from the natural bed of the stream or watercourse measured at the downstream toe of the barrier or from the lowest elevation of the outside limit of the barrier, or if it is not across a stream channel or watercourse, measured at maximum water storage elevation; or any dam having an impounding capacity, at maximum storage elevation, of 50 acre-feet or more; or any dam that is deemed by the Secretary to be a significant or high hazard potential structure due to its location or other physical characteristics.

(b) This chapter shall not apply to any dam that is not in excess of 6 feet in height regardless of storage capacity, or any dam having a storage capacity at maximum water storage elevation not greater than 15 acre-feet regardless of height, or any low hazard potential dam constructed prior to the effective date of this legislation, unless deemed by the Secretary to be a significant or high hazard potential structure due to its location or other physical characteristics.

(c) This chapter shall not apply to any private owner of a dam unless such owner executes a document with the Department requesting such coverage.
7 Del. C. § 6055 — Delaware Code / Title 7 / Chapter 60 / Subchapter III / Section 6055
§ Â
        6055. Recycling Grants and Low Interest Loan Program.
Status: in_force

(a) There is hereby established a competitive Recycling Grants and Low Interest Loan Program (the “Program”) to assist persons engaged in the business of collecting, transporting, processing, or marketing recyclable materials with the implementation of:

(1) Source-separated recyclables collection and processing programs with emphasis on start-up costs for residential single-stream recyclables collection; and

(2) Start-up costs for initiatives which result in the recycling of solid waste materials which would otherwise be land disposed, with emphasis on commercial waste.

The Program shall be administered by the Department, and moneys from the Program shall be paid based on approved grant and loan moneys. The Department shall be entitled to disburse grant and loan monies for the documented costs of implementing the collection or processing of recyclable materials. The Department shall be entitled to adopt guidelines and procedures for administering the Program and determining eligibility for receipt of funding pursuant to § 6054 of this title. Such procedures shall include provisions for repayment of loans to the Department and may include a rebate program for costs based on, including but not limited to, a prorated share of household customers in a recycling program that may have been in existence prior to creation of this law. The Department shall solicit the commentary of the grant eligible stakeholders during development of the grant guidelines and procedures. The Program shall be funded by monies made available under the provisions of § 6054 of this title.

(b) The Recycling Public Advisory Council, after the receipt of comments by grant and loan eligible stakeholders, shall make recommendations annually to the Department regarding the programmatic priorities for awarding Program funds under this subchapter. The Recycling Public Advisory Council shall provide recommendations regarding the categories and priorities for grants and loans that reflect an informed and representative view of the most urgent and important areas where grant funding will provide the most benefit to the State balancing current needs with those of future generations.

(c) The Department shall review all grant and loan applications and award grants and loans taking into consideration the Recycling Public Advisory Council recommendations. In those cases where the Department’s funding decisions differ significantly from the Recycling Public Advisory Council recommendations, the Department shall report to the Recycling Public Advisory Council the justification for such differences.

(d) Any person providing solid waste collection services that is a recipient of a grant or low interest loan from the Delaware Recycling Fund shall not, as a result of implementation of universal recycling, increase rates charged for solid waste collection between such time as they make application for the grant until March 15, 2013.
7 Del. C. § 10003 — Delaware Code / Title 7 / Chapter 100 / Section 10003
§ Â
        10003. Greenhouse gas emissions reductions.
Status: in_force

(a) The State shall implement greenhouse gas emissions reduction strategies to ensure that, no later than January 1, 2030, Statewide greenhouse gas emissions on a net basis shall be reduced by not less than 50% from a 2005 baseline (the “2030 target”).

(b) The State shall implement greenhouse gas emissions reduction strategies to ensure that, no later than January 1, 2050, greenhouse gas emissions in the State shall be stabilized at or below net zero emissions (the “2050 target”) and shall not exceed that level thereafter.

(c) The greenhouse gas emissions reductions set forth in subsections (a) and (b) of this section shall be implemented by the State through the process and the principles set forth in § 10004 of this title.

(d) The State shall develop and implement strategies that maximize the carbon storage and sequestration potential of forests, vegetation, and soils within the State, which shall be guided by the principles set forth in § 10004(e) of this title.

(e) The reductions required by subsections (a) and (b) of this section shall be determined by reference to Delaware’s Greenhouse Gas Inventory prepared by the Department.

(f) The Department shall adopt criteria to evaluate offset proposals as provided in § 10002(14) of this title. In evaluating greenhouse gas emissions offset, the Department shall consider all of the following factors:

1. The extent to which the offset results in a direct and additional reduction of greenhouse gas emissions.

2. Whether the offset results in an enduring greenhouse gas reduction that is verifiable.

3. Whether the greenhouse gas reduction produced by the offset can be quantified.

4. The extent to which the offset will be implemented in or result in environmental benefits to the State.

5. The cost-effectiveness and availability of the offset.

6. If the offset has been utilized for the purposes of meeting greenhouse gas emissions goals in any other jurisdiction it shall not be approved as offsets in Delaware.

(g) The Department shall adopt the criteria required by subsection (f) of this section, and any rules or regulations necessary for implementing the provisions of subsection (f) of this section, not later than 18 months prior to the effective date of any new rules or regulations requiring emissions reductions from stationary sources to achieve the greenhouse gas emission reductions set forth in § 10003(a) and (b) of this title. Notwithstanding the foregoing, regulations promulgated pursuant to subchapter II-A of Chapter 60 of Title 7, and Chapter 70 of Title 7, which implement pre-existing offset programs, and regulations promulgated to meet federal requirements are excluded from the requirements of subsection (f) and (g) of this section.
7 Del. C. § 1911 — Delaware Code / Title 7 / Chapter 19 / Section 1911
§ Â
        1911. Removal of shellfish; presumptions.
Status: in_force

(a) It shall be unlawful for any person to take, carry away or remove shellfish or equipment from shellfish grounds leased, pursuant to this chapter, to a person other than himself or herself. If convicted, said person shall be guilty of grand or petty larceny according to the value of shellfish or equipment in question.

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

(c) Any vessel on or over grounds leased to another shall be presumed to be removing shellfish from those grounds if that vessel has overboard at that time any device used for the taking of shellfish.
7 Del. C. § 771 — Delaware Code / Title 7 / Chapter 7 / Subchapter IV / Section 771
§ Â
        771. Bill of lading to be shown on demand.
Status: in_force

All persons having rabbits in their possession and offering them for sale shall show, on demand from any constable, police officer or Fish and Wildlife Agent, the bill of lading and all other memoranda of the shipment, so as to satisfy such officer that the rabbits were not killed or shipped from any place within this State.
7 Del. C. § 2303 — Delaware Code / Title 7 / Chapter 23 / Section 2303
§ Â
        2303. Commercial crab pot or trotline license.
Status: in_force

(a) It shall be unlawful for any person to catch or land crabs for commercial purposes in this State unless said person has applied for and secured from the Department and has in said person’s possession a valid commercial crab pot or trotline license. A person cannot possess a commercial crab pot license and a trotline license at the same time. The fee for a resident commercial crab pot license shall be $28.75 for up to 50 pots; $57.50 for up to 100 pots; $86.25 for up to 150 pots; and $115 for up to 200 pots. The fee for nonresident commercial crab pot licenses shall be $287.50 for up to 50 pots; $575 for up to 100 pots; $862.50 for up to 150 pots; and $1,150 for up to 200 pots. The fee for a resident commercial trotline license shall be $57.50. The fee for a nonresident commercial trotline license shall be $575. Said license shall be valid only for commercial taking of crabs from 1 vessel owned and operated by the applicant or designees approved in the license. Designees for a holder of a resident commercial crab pot license must be residents of the State.

(b) The license issued pursuant to this section shall automatically expire on December 31 of each calendar year.

(c) In the event that a licensee is unable to tend the licensee’s crab pots from the vessel specified in the licensee’s license application, said licensee shall apply to the Department within 48 hours after the boat or vessel has been disabled for a written permit to be carried on the licensee’s person to tend that licensee’s pots from another specified vessel for a period to be specified by the Department.

(d) A commercial crab pot license may designate no more than 2 persons on said licensee’s commercial crab pot license as designees. A commercial crab pot licensee’s designees are authorized, whether in the presence of the licensee or not, to place, use, set or tend said licensee’s crab pots while operating the vessel owned by the licensee that is listed on said licensee’s commercial crab pot license. Designees shall be prohibited on a commercial crab trotline license.

(e) Notwithstanding subsection (a) of this section, the number of commercial crab pot licensees that may list the same vessel on their commercial crab pot license shall not exceed 3 and the total number of crab pots that 3 licensees may be licensed to place, use, set or tend from the same vessel shall not exceed 500 pots.
7 Del. C. § 7917 — Delaware Code / Title 7 / Chapter 79 / Subchapter II / Section 7917
§ Â
        7917. Registry; substitute notice.
Status: in_force

(a) The Department shall establish and maintain a registry that contains all environmental covenants and any amendment or termination of those covenants. The registry may also contain any other information concerning environmental covenants and the real property subject to them which the Department considers appropriate. The registry is a public record for purposes of Freedom of Information Act [Chapter 100 of Title 29].

(b) After an environmental covenant or an amendment or termination of a covenant is filed in the registry pursuant to subsection (a) of this section, a notice of the covenant, amendment, or termination that complies with this section may be recorded in the land records in lieu of recording the entire covenant. Any such notice must contain:

(1) A legally sufficient description and any available street address of the real property;

(2) The name and address of the owner of the real property, the Department, and the holder if other than the Department;

(3) A statement that the covenant, amendment, or termination is available in a registry at the Department, and disclosing the method of any electronic access; and

(4) A statement that the notice is notification of an environmental covenant executed pursuant to this subchapter.

(c) A statement in executed with the same formalities as a deed in this state satisfies the requirements of subsection (b) of this section:

(1) This notice is filed in the land records of the deeds of county of jurisdiction in which the real property is located pursuant to § 7913 of this title.

(2) This notice and the covenant, amendment or termination to which it refers may impose significant obligations with respect to the property described below.

(3) A legal description of the property is attached as Exhibit A to this notice. The address of the property that is subject to the environmental covenant is [insert address of property].

(4) The name and address of the owner of the real property on the date of this notice is [insert name of current legal owner of the property and the owner’s current address as shown on the tax records of the jurisdiction in which the property is located].

(5) The environmental covenant, amendment or termination was signed by [insert name and address of the Department].

(6) The environmental covenant, amendment, or termination was filed in the registry on [insert date].

(7) The full text of the covenant, amendment, or termination and any other information required by the Department is on file and available for inspection and copying in the site files by the Department of Natural Resources and Environmental Control (DNREC) at a building in which the files are maintained.
7 Del. C. § 2901 — Delaware Code / Title 7 / Chapter 29 / Section 2901
§ Â
        2901. Applicability.
Status: in_force

The provisions of this chapter shall apply to the fisheries covered by Chapters 9, 18, 19, 21, 23, 24, 25, 26, 27 and 28 of this title which are or become closed to new entrants.
7 Del. C. § 4008 — Delaware Code / Title 7 / Chapter 40 / Section 4008
§ Â
        4008. Interim program.
Status: in_force

(a) Prior to July 1, 1991, requirements for sediment control shall be as provided in existing erosion and sediment control regulations promulgated September 26, 1980. Also, until July 1, 1991, any state or locally developed regulation or criterion for stormwater management shall remain in effect at the discretion of the implementing authority.

(b) Projects approved prior to July 1, 1991, but which are under construction after July 1, 1991, shall be subject to the penalty provisions contained in § 4015 of this title.
7 Del. C. § 6457 — Delaware Code / Title 7 / Chapter 64 / Subchapter II / Section 6457
§ Â
        6457. Funding.
Status: in_force

Except as specifically provided otherwise for the operation of recycling centers under § 6454 of this title, the costs of implementing programs related to recycling and waste reduction may be funded to the fullest extent authorized for other Authority activities under the provisions of this subchapter.
7 Del. C. § 6301 — Delaware Code / Title 7 / Chapter 63 / Subchapter I / Section 6301
§ Â
        6301. Findings; purpose.
Status: in_force

(a) The General Assembly finds that:

(1) Continuing technological progress, increases in the amounts of manufacture and the abatement of air and water pollution have resulted in ever-increasing quantities of hazardous wastes;

(2) The public health and safety and the environment are threatened where hazardous wastes are not managed in an environmentally sound manner and where there are no commercial hazardous waste management facilities available;

(3) The knowledge and technology necessary to alleviate adverse health, environmental and aesthetic impacts resulting from current hazardous waste management and disposal practices are believed to be generally available at costs within the financial capability of those who generate such wastes, but that such knowledge and technology are not widely used;

(4) The problem of managing hazardous wastes has become a matter of statewide concern.

(b) Therefore, it is hereby declared that the purposes of this chapter are:

(1) To protect the public health and safety, the health of organisms and the environment from the effects of the improper, inadequate or unsound management of hazardous wastes;

(2) To establish a program of regulation over the storage, transportation, treatment and disposal of hazardous wastes; and

(3) To assure the safe and adequate management of hazardous wastes within this State.
7 Del. C. § 6029 — Delaware Code / Title 7 / Chapter 60 / Subchapter II / Section 6029
§ Â
        6029. Limitations on scope of chapter.
Status: in_force

This chapter shall not apply to or change the existing law in respect to:

(1) The landowner’s right to place a dam across a gully on his or her property or across a stream that originates on that landowner’s property where provision is made for continued established average minimum flow occurring for 7 consecutive days within the lowest flow year of record; or

(2) The right to build and maintain a dam or construct a pond and divert water from any stream on any stream having a minimum flow of not more than 1/2 million gallons of water per day, and utilize up to 360 acre inches of the impounded water per year so long as such action does not affect the established average minimum flow in the stream below the dam at any time; or

(3) Ponds not larger than 60,000 square feet constructed for purposes of conservation, recreation, propagation and protection of fish and wildlife, watering of stock or fire protection; or

(4) Linear water and wastewater utility projects that have a maximum width of disturbance of 30 feet or less and with a maximum total disturbance of 1 acre or less are: (i) subject to Erosion and Sediment Control regulations adopted by the Department, and (ii) exempt from Stormwater Management regulation adopted by the Department. For the purposes of this section “erosion and sediment control” means the control of solid material, both mineral and organic, during a land disturbing activity, to prevent its transport out of the disturbed area by means of wind, water, gravity, or ice. For the purposes of this section “stormwater management” means:

a. For water quantity control, a system of vegetative, structural, and other measurers that controls the volume and rate of Stormwater runoff which may be caused by land disturbing activities upon the land; and

b. For water quality control, a system of vegetative, structural, and other measures that controls adverse effects on water quality that may be caused by land disturbing activities upon the land.
7 Del. C. § 1701 — Delaware Code / Title 7 / Chapter 17 / Section 1701
§ Â
        1701. Field trials; permit.
Status: in_force

Field trials with dogs may not be held in this State without first securing a permit from the Department. The Department may grant permits to bona fide field trial clubs or associations to hold field trials in this State under such rules and regulations adopted by the Department, safeguarding the interests of the game of this State. Dogs brought into the State to participate in such field trials and which are removed from the State within 10 days, are exempt from the state dog license tax.
7 Del. C. § 3910 — Delaware Code / Title 7 / Chapter 39 / Subchapter I / Section 3910
§ Â
        3910. Primary jurisdiction of Secretary and the Department of Natural Resources and Environmental Control.
Status: in_force

The Secretary and the Department of Natural Resources and Environmental Control shall have paramount jurisdiction over water use in this State. In case of any conflict between this chapter and Part VII of this title, relating to water and air resources, Part VII shall prevail.
7 Del. C. § 4171 — Delaware Code / Title 7 / Chapter 41 / Subchapter V / Section 4171
§ Â
        4171. Duties of board of assessment; assessment book; assistance by Division of Watershed Stewardship.
Status: in_force

(a) For tax ditches formed under this chapter, the board of assessment of the county shall transcribe the information shown on the assessment list delivered to it pursuant to § 4162(4) of this title into a special assessment book and it shall keep the same as part of the permanent records of its office. It shall also change the name of the owner shown therein from time to time as such changes are warranted by transfers of the lands assessed, to new owners.

(b) The Division of Watershed Stewardship shall assist the various boards of assessment of all 3 counties, upon request, to make such changes in their special ditch assessment books as are warranted by transfers of properties listed therein.
7 Del. C. § 1730-1740 — Delaware Code / Title 7 / Chapter 17 / Section 1730-1740
§ ÂÂ
        1730-1740.  Seizure and impoundment of dangerous or potentially dangerous dogs; notification of dog owner; request for hearing; exceptions; hearing procedures; appeal; finding to declare a dog dangerous; duties of owner; finding to declare a dog potentially dangerous; duties of owner; liability of owner for costs of impoundment; rules and regulations; violations by owners of dangerous or potentially dangerous dogs; penalties; local ordinances.
Status: repealed

Repealed by 77 Del. Laws, c. 428, § 5, effective July 1, 2010.
7 Del. C. § 6091 — Delaware Code / Title 7 / Chapter 60 / Subchapter VII / Section 6091
§ Â
        6091. Definitions.
Status: in_force

As used in this subchapter, unless otherwise indicated:

(1) “Container” means a “rigid plastic container” or a “plastic bottle” as those terms are defined in this section.

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

(3) “Label” means a molded, imprinted or raised symbol on or near the bottom of a rigid plastic container or plastic bottle.

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

(5) “Plastic” means any material made of polymeric organic compounds and additives that can be shaped by flow.

(6) “Plastic bottle” means a plastic container intended for single use that has a neck that is smaller than the body of the container; accepts a screw-type cap, snap cap or other closure; and has a capacity of 16 fluid ounces or more, but less than 5 gallons.

(7) “Rigid plastic container” means any formed or molded container, other than a bottle, intended for single use, composed predominantly of plastic resin and having a relatively inflexible finite shape or form with a capacity of 8 ounces or more but less than 5 gallons.

(8) “Secretary” means the Secretary of the Department of Natural Resources and Environmental Control.
7 Del. C. § 3925 — Delaware Code / Title 7 / Chapter 39 / Subchapter II / Section 3925
§ Â
        3925. Transfer of funds prohibited.
Status: in_force

Funds appropriated for use by a particular district in a particular county shall only be used by that district in that county.
7 Del. C. § 505 — Delaware Code / Title 7 / Chapter 5 / Subchapter I / Section 505
§ Â
        505. License requirements for members of the armed forces.
Status: in_force

Any member of the armed forces of the United States of America, including any Reserve component thereof, serving on full-time active duty in the State of Delaware while not deployed or on temporary duty, and any member of Delaware’s National Guard, shall be deemed a resident of this State for the purpose of obtaining a license to hunt, trap, and fish in this State. Each such application shall be supported by a written statement signed by the applicant’s commanding officer certifying to the applicant’s place of station and duty status.
7 Del. C. § 1705 — Delaware Code / Title 7 / Chapter 17 / Section 1705
§ Â
        1705. Marking of boundary lines; posting of notice; penalty.
Status: in_force

(a) The boundary lines of the special dog training area shall be plainly and conspicuously posted prior to September 1 of each year with legible notices, at least 10 inches by 12 inches in size, placed not more than 100 yards apart which shall bear the following warning:

SPECIAL DOG TRAINING AREA

HUNTING UNLAWFUL

THIS LAND IS SET ASIDE UNDER SPECIAL LICENSE FOR THE

TRAINING OF DOGS.

________________

ENTERING HEREON FOR THE PURPOSE OF HUNTING OR DISTURBING GAME OR PERMITTING DOGS TO ENTER WITHOUT AUTHORIZATION IS PUNISHABLE BY PENALTY OF TWENTY-FIVE DOLLARS ($25.00) FOR EACH OFFENSE.

________________________________________________________________(Name and address of licensee to be printed here)

(b) Whoever violates any of the provisions of any such notice and warning is guilty of a violation and shall be fined $25 for each offense, together with the costs of prosecution.
7 Del. C. § 6143 — Delaware Code / Title 7 / Chapter 61 / Section 6143
§ Â
        6143. Cease and desist order.
Status: in_force

The Secretary shall have the power to issue an order to any person violating any rule, or regulation, or permit condition, or lease condition, or provision of this chapter, to cease and desist from such violation. Any cease and desist order issued pursuant to this section shall expire (1) after 30 days of its issuance, or (2) upon withdrawal of said order by the Secretary, or (3) when the order is superseded by an injunction, whichever occurs first.
7 Del. C. § 7501A — Delaware Code / Title 7 / Chapter 75A / Section 7501A
§ Â
        7501A. Purpose.
Status: in_force

A Water Supply Coordinating Council is hereby established to manage, protect, and ensure the adequacy of a clean water supply throughout Delaware.
7 Del. C. § 7406A — Delaware Code / Title 7 / Chapter 74A / Section 7406A
§ Â
        7406A. Release of substances prohibited; correction of substance release; Department intervention.
Status: in_force

(a) All persons, including an owner and an operator, shall not cause or contribute to a release from an aboveground storage tank.

(b) All persons, including an owner and an operator, shall report to the Department a release from an aboveground storage tank in excess of the reportable quantities specified in the regulations promulgated pursuant § 6028 of this title and the Delaware Regulations Governing the Reporting of a Discharge of a Pollutant or an Air Contaminant, as amended.

(c) The owner and operator shall as soon as possible take measures for the prompt control, containment and removal of a released regulated substance to the satisfaction of the Department to achieve the purposes of this chapter. Such measures shall include, but not be limited to, soil removal, soil vapor extraction, groundwater extraction, pump and treat or bioremediation as approved by the Department.

(d) The Department may take measures for the prompt control, containment and removal of a released, regulated substance when it determines that the owner or operator is not responding promptly or appropriately. However, all liability for costs incurred by the Department, including, but not limited to, remediation costs, equipment costs, supply costs, legal costs and administrative oversight costs, remain with the owner and operator. Owners and operators shall reimburse all such costs to the Department within 90 days of receiving written notice of any amount due.

(e) Consistent with the provisions of Chapter 60 of this title, the Department may take measures for the prompt control, containment and removal, or to otherwise address an indicated release or an imminent threat of a release of a regulated substance from an aboveground storage tank when it determines that the owner or operator is not responding promptly or appropriately in accordance with the regulations promulgated pursuant to this chapter. However, all liability incurred by the Department for remediation costs, equipment costs, supply costs, legal costs and administrative oversight costs, remain with the owner and operator. Owners and operators shall reimburse all such costs to the Department within 90 days of receiving written notice of any amount due.

(f) The Department may file an action in Superior Court against any responsible party for cost recovery and for reimbursement of funds expended, for corrective action, in control, containment, removal and remediation of any release, indicated release or imminent threat situation, and all activities associated with preventing releases from aboveground storage tanks. Any cost recovery and reimbursement collected by the Department for these activities shall be credited to and expended by the Department for control of aboveground storage tank releases and in support of the purposes of this chapter. A responsible party shall have an affirmative defense to a cost recovery action under this section by showing that the responsible party was responding promptly and effectively with respect to the control, containment, and removal of released regulated substances at the time that the Department assumed control of the release, indication of a release, or imminent threat situation.
7 Del. C. § 7103 — Delaware Code / Title 7 / Chapter 71 / Subchapter I / Section 7103
§ Â
        7103. Definitions.
Status: in_force

(a) “Committee” shall mean the Noise Advisory Committee created under this chapter.

(b) “Farming operations” shall mean any activity which is involved in the production of agriculture, livestock, dairy or poultry products for sale.

(c) “Farm vehicle” shall mean a wheeled device used for transportation in farming operations.

(d) “Manufacturer” shall mean any person employing 5 or more employees and who is licensed as a manufacturer by the Department of Finance in accordance with Chapter 27 of Title 30.

(e) “Motor vehicle” shall mean any vehicle defined as a motor vehicle in accordance with § 101 of Title 21.

(f) “Noise” shall mean any sound which annoys or disturbs humans or which causes or tends to cause an adverse psychological or physiological effect on humans, excluding all aspects of noise regulated by the federal Occupational Safety and Health Act (OSHA).

(g) “Noise disturbance” means any sound which:

(1) Endangers or injures the safety or health of humans or animals; or

(2) Annoys or disturbs a reasonable person of normal sensitivities; or

(3) Jeopardizes the value of property and erodes the integrity of the environment.

(h) “Person” shall mean any corporation, company, association, society, firm, partnership and any joint stock company, as well as individuals, and shall also include the State and all of its political subdivisions, agencies and instrumentalities as well as any department, board or agency of the government of the United States.

(i) “Secretary” shall mean the Secretary of the Department of Natural Resources and Environmental Control.
7 Del. C. § 2509 — Delaware Code / Title 7 / Chapter 25 / Section 2509
§ Â
        2509. Unloading locations.
Status: in_force

It shall be unlawful for any person to unload lobsters taken from the waters or shellfish grounds within the jurisdiction of the State at any port or unloading facilities located outside the geographic boundaries of the State. Any person violating this section will be guilty of a class C environmental violation.
7 Del. C. § 6708 — Delaware Code / Title 7 / Chapter 67 / Section 6708
§ Â
        6708. Implementation; Departmentâs standards.
Status: in_force

The Division of Motor Vehicles, after consultation with the Department of Natural Resources and Environmental Control, shall institute such testing procedures recommended by Department of Natural Resources and Environmental Control to effectively demonstrate that the emissions from motor vehicles passing through the inspection lanes are in accordance with the standards, codes, rules or regulations of the Department of Natural Resources and Environmental Control.
7 Del. C. § 6460 — Delaware Code / Title 7 / Chapter 64 / Subchapter II / Section 6460
§ Â
        6460. Energy resource recovery study â Kent and Sussex Counties.
Status: in_force

In addition to the requirements of § 6429 of this title, the Authority is directed to undertake a feasibility analysis of establishing separate material and energy recovery facilities to Kent County and Sussex County independently. Such analysis shall include consideration of the availability of solid waste material, the market for recovered materials and energy, the effect of other recycling and waste reduction measures, general project economics and environmental impacts. The Authority shall not be entitled to proceed with a material and energy recovery facility under the provisions of § 6429 of this title until such time that the feasibility study required hereunder is filed with the Governor, the President Pro Tempore of the Senate, and the Speaker of the House of Representatives. Such feasibility analysis shall be completed and filed no later than January 15, 1991.
7 Del. C. § 6122 — Delaware Code / Title 7 / Chapter 61 / Section 6122
§ Â
        6122. Nonconflicting uses.
Status: in_force

The State reserves the right to permit reasonable nonconflicting use (including seismic surveys but excluding core hole drilling of lands under lease) so long as:

(1) Such uses do not unreasonably impair or interfere with operations of the lessee; and

(2) Requirement is made that the permittee indemnify the lessee against any damage caused by such use.
7 Del. C. § 4350 — Delaware Code / Title 7 / Chapter 43 / Subchapter IV / Section 4350
§ Â
        4350. Powers of a tax lagoon.
Status: in_force

A tax lagoon organized under this chapter, being a governmental subdivision of this State and a public body, corporate and politic, may exercise public powers, and in addition to such other powers as usually pertain to corporations, may:

(1) Levy taxes;

(2) Sue and be sued in the name of the tax lagoon; and suits against the tax lagoon shall be governed by subchapter I of Chapter 40 of Title 10;

(3) Make and execute contracts and other instruments necessary or convenient to the exercise of its powers;

(4) Borrow money for the purpose of dredging management and administering the tax lagoon;

(5) Acquire, by purchase, exchange, lease, gift, grant, bequest, devise or otherwise, any property, real or personal, or any rights or interests therein;

(6) Cooperate or enter into agreements with the state or federal governments or any agency or subdivision thereof;

(7) Exercise the power of eminent domain in accordance with the condemnation procedure prescribed in Chapter 61 of Title 10 with respect to lands outside the boundaries of the tax lagoon which are needed for right-of-way or outlet purposes;

(8) Accept contributions from landowners assessed in the tax lagoon and disburse such funds for the purposes of performing certain operations, such as, but not limited to, dredging, which operations are authorized in the tax lagoon order but which are not included in the original estimated costs; and

(9) Call upon the Division of Watershed Stewardship for assistance with administrative and operations problems of the tax lagoon.
7 Del. C. § 4739 — Delaware Code / Title 7 / Chapter 47 / Subchapter II / Section 4739
§ Â
        4739. Open meetings and public records.
Status: in_force

The Fort Dupont Redevelopment and Preservation Corporation and its Board are “public bodies” for purposes of Chapter 100 of Title 29.
7 Del. C. § 6083 — Delaware Code / Title 7 / Chapter 60 / Subchapter VI / Section 6083
§ Â
        6083. Adoption of source water assessment, wellhead protection and excellent ground-water recharge potential areas by the Governorâs Cabinet Committee on State Planning Issues.
Status: in_force

The Department shall make source water assessment, wellhead protection and excellent ground-water recharge potential area delineations available for maps developed as part of “Shaping Delaware’s Future: Managing Growth in 21st Century Delaware, Strategies for State Policies and Spending” (December 1999)
7 Del. C. § 7504A — Delaware Code / Title 7 / Chapter 75A / Section 7504A
§ Â
        7504A. Administration of the Water Supply Coordinating Council.
Status: in_force

(a) The designation of the Water Supply Coordinating Council and the duties and responsibilities conferred by this chapter shall end on January 31, 2033.

(b) The Division of Water in the Department of Natural Resources and Environmental Control shall provide administrative support to the Water Supply Coordinating Council.
7 Del. C. § 756 — Delaware Code / Title 7 / Chapter 7 / Subchapter III / Section 756
§ Â
        756. Diving or box trap; penalty.
Status: in_force

(a) No person shall take, capture or kill, at any time, within the State, any muskrat with a trap commonly known as a diving or box trap. The setting of any such trap in any muskrat den, lead, or runway shall be prima facie evidence of an offense against this section.

(b) Whoever violates this section shall be guilty of a class D environmental violation for each offense.
7 Del. C. § 726 — Delaware Code / Title 7 / Chapter 7 / Subchapter I / Section 726
§ Â
        726. Interstate Wildlife Violator Compact.
Status: in_force

(1) The Interstate Wildlife Violator Compact is an interstate agreement between member states to enhance the compliance with the hunting, fishing, and other wildlife laws of member states, and provides for the fair and impartial treatment of wildlife and fisheries violators.

(2) The Board of Compact Administrators has set forth prescribed requirements and procedures for any state to become a member of the Interstate Wildlife Violator Compact within the established Bylaws and Interstate Wildlife Violator Compact Operations Manual.

(3) Through this statute, the State of Delaware directs and empowers the Delaware Department of Natural Resources and Environmental Control (DNREC), Division of Fish and Wildlife to enact all provisions of the Interstate Wildlife Violator Compact.

(4) DNREC is charged to adopt and begin implementation of the Interstate Wildlife Violator Compact set forth in the Compact, Bylaws and Operations Manual, and to further recognize all current and future member states legally empowered as members of the Compact on or before July 1, 2016. DNREC shall notify the General Assembly if an extension is necessary for a maximum of 3 years due to technological capacity challenges that preclude timely implementation of the Compact.

(5) The State of Delaware by representation through DNREC’s Division of Fish and Wildlife will make a formal application to the Chairman and Board of Administrators of the Interstate Wildlife Violation Compact to receive full admission, authority, and representation as an official member of the Interstate Wildlife Violator Compact.
7 Del. C. § 1804 — Delaware Code / Title 7 / Chapter 18 / Section 1804
§ Â
        1804. Reciprocity for commercial nonresident licenses.
Status: in_force

When by or pursuant to the laws or regulations of any other state, should any other state impose any tax, other fee or restrictions on nonresidents for the privilege of commercial eel fishing within its boundaries, which tax, or other fee is in the aggregate greater or restriction is greater, to include the nonavailability of a license for nonresidents, the same taxes, other fees, license requirements and restrictions shall be imposed by the Department upon residents of the state who seek to apply for a license to commercially fish for eels within the boundaries of this State.
7 Del. C. § 935 — Delaware Code / Title 7 / Chapter 9 / Section 935
§ Â
        935. Sale of seized finfish.
Status: in_force

(a) Except as otherwise provided in this chapter, in view of the perishable nature of fish, any employee of the Department authorized to enforce this chapter or any regulation promulgated by the Department or permit issued by the Division who seizes any finfish may dispose of said finfish in accordance with the following procedures:

(1) Finfish may be sold, and any person may purchase said finfish for money at or above fair market value;

(2) The moneys received from the sale of the finfish shall be deposited with the Superior Court in which the complaint and/or charges for the alleged violation are to be filed. Thereafter, disposition of the proceeds will be in accordance with the Rules of Civil Procedure for the Superior Court of the State of Delaware. In each case where the Superior Court has declared the finfish and moneys obtained from the sale thereof as being forfeited, all moneys not subject to valid claim by other parties and remaining with the Superior Court shall be deposited by the Superior Court into the Finfisheries Development Fund. Upon the acquittal or dismissal of charges against the alleged violator the proceeds shall be returned to said person; and

(3) The seizure and sale of finfish shall be without prejudice to any other rights and/or remedies provided for by law, contract or agreement, or this chapter or any regulations promulgated by the Department or permit issued by the Division.

(b) Whenever the Department seizes any finfish, it may elect not to follow the procedures for the disposal of said finfish that are set forth in subsection (a) of this section, and the Department may dispose of said seized finfish in accordance with the following procedures:

(1) Finfish that have been seized after an alleged violation of this chapter or any regulation promulgated by the Department or permit issued by the Division may be sold by the person alleged to have committed said violation;

(2) The proceeds of the sale by the alleged violator shall be deposited with the Superior Court;

(3) Upon the conviction of the alleged violator, the disposition of the proceeds will be in accordance with the procedure set forth in paragraph (a)(2) of this section. Upon the acquittal, or dismissal of the charges against the alleged violator, the proceeds shall be returned to said person; and

(4) Paragraph (a)(3) of this section shall be applicable to any sale of finfish under this subsection.
7 Del. C. § 7302 — Delaware Code / Title 7 / Chapter 73 / Section 7302
§ Â
        7302. Definitions.
Status: in_force

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them except where the context clearly indicates a different meaning:

(1) “Articles of dedication” shall mean the writing by which any estate, interest or right in an area is formally dedicated as permitted by § 7306 of this title.

(2) “Council” shall mean the Delaware Natural Areas Advisory Council.

(3) “Dedicate” and “dedication” shall mean the transfer to the Department of Natural Resources and Environmental Control, for and on behalf of the State, of an estate, interest or right in an area in any manner permitted by § 7306 of this title.

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

(5) “Natural area” shall mean an area of land or water, or of both land and water, whether in public or private ownership, which either retains or has reestablished its natural character (although it need not be undisturbed), or has unusual flora or fauna, or has biotic, geological, scenic or archaeological features of scientific or educational value.

(6) “Nature preserve” shall mean a natural area, any estate, interest or right in which has been formally dedicated under this chapter.

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

(8) “System” shall mean the nature preserves held under this chapter.
7 Del. C. § 7015 — Delaware Code / Title 7 / Chapter 70 / Section 7015
§ Â
        7015. Biennial report.
Status: in_force

(a) Beginning on January 1, 2019, and every 2 years thereafter the Delaware Economic Development Office shall provide a comprehensive report to the General Assembly and the Governor detailing economic development that has been enabled by the Coastal Zone Conversion Permit Act [81 Del. Laws, c. 120]. Such report shall include but is not limited to an assessment of how many jobs were created and track any increase in infrastructure investment and total additional economic activity.

(b) By September 1, 2017, the Department of Natural Resources and Environmental Control shall provide to the General Assembly and the Governor a baseline report summarizing the contamination and remediation status of each of the 14 heavy industry use sites as of July 1, 2017. Beginning on January 1, 2019, and every 2 years thereafter the Department of Natural Resources and Environmental Control shall provide a comprehensive report to the General Assembly and the Governor summarizing the status of contamination and remediation for all 14 heavy industry use sites compared to the status of the sites on July 1, 2017, and summarizing the environmental status at each site issued a coastal zone act conversion permit. Such report for sites issued a coastal zone act conversion permit shall include, but is not limited to, a list of remediation and site improvement activities underway, a list of offsets and the status of implementation, a list of environmental enforcement actions, a list of any emergency response incidents, a summary of toxic release inventory submissions, and a summary of any air or water quality monitoring if required by another environmental permit.
7 Del. C. § 4172 — Delaware Code / Title 7 / Chapter 41 / Subchapter V / Section 4172
§ Â
        4172. Method of determining tax.
Status: in_force

In determining the amount of any taxes to be levied against each owner’s lands under this chapter, the ditch managers shall determine the same in accordance with the ratio which exists between the assessment base for each property and the total assessment base for the tax ditch.
7 Del. C. § 1916 — Delaware Code / Title 7 / Chapter 19 / Section 1916
§ Â
        1916. Expiration of licenses and permits.
Status: in_force

All licenses and permits issued pursuant to Chapters 21 through 28 of this title shall automatically expire on December 31 of each calendar year.
7 Del. C. § 4355 — Delaware Code / Title 7 / Chapter 43 / Subchapter IV / Section 4355
§ Â
        4355. Signatures on instruments issued by tax lagoon.
Status: in_force

Any note, bond, warrant or other instrument issued by a tax lagoon pursuant to this chapter shall be signed by the chairperson of the lagoon managers, and the chairperson’s signature shall be attested by the secretary-treasurer of the tax lagoon.
7 Del. C. § 713 — Delaware Code / Title 7 / Chapter 7 / Subchapter I / Section 713
§ Â
        713. Fire regulations; penalty.
Status: in_force

(a) No person shall:

(1) Fire or cause to be fired, any woodlot, forest or other wild land or property, material or vegetation being or growing thereon, other than brush in clearing land, either by dropping lighted matches, tobacco or other substance, or in any manner whatsoever without the consent of the owner or owners; or

(2) Start a fire or fires anywhere and permit same to spread to woodlots, forests or other wild lands, causing damage to or destruction of such property; or

(3) Except as provided in subsection (b) of this section, fire or cause to be fired any marshland in this State after March 1 in any year.

(b) The Department, upon application from any landowner or freeholder and after due investigation, may extend beyond March 1 the time during which marshland in this State may be fired, by the issuance of a permit thereto for such purpose, if it is found after such investigation that the landowner or freeholder has been prevented from firing landowner’s or freeholder’s marshland before March 1 by circumstances beyond landowner’s or freeholder’s control.

(c) Whoever violates this section shall be guilty of a class C environmental violation for each offense in addition to any other penalty that may be imposed for any damage caused by the setting of unlawful fires of any kind whatsoever.
7 Del. C. § 4704 — Delaware Code / Title 7 / Chapter 47 / Subchapter I / Section 4704
§ Â
        4704. Trap Pond Project.
Status: in_force

The Department of Natural Resources and Environmental Control shall supervise and maintain the area known as the Trap Pond Project, located in Sussex County, consisting of approximately 1,000 acres, as a state park.
7 Del. C. § 570 — Delaware Code / Title 7 / Chapter 5 / Subchapter V / Section 570
§ Â
        570. Dogs; training and field trials on preserve.
Status: in_force

Dogs may be trained and field trials conducted, when properly licensed, upon restricted preserves on any day, including Sundays, except during the months of March through August, inclusive.
7 Del. C. § 7406B — Delaware Code / Title 7 / Chapter 74B / Section 7406B
§ Â
        7406B. Fees.
Status: in_force

(a) The Department may charge fees as set forth in this section. A fee enumerated in this section supersedes any previously enacted equivalent fee, whether codified or not. A previously enacted fee not included in this section remains in effect to the extent they are levied by the Department and permitted by law.

(b) Boiler safety. —

(1) Certificate of Inspection — Boiler and pressure vessel certificate:

Boiler 1-year certification - $30

Boiler 2-year certification - $60

Boiler 4-year certification - $120

Pressure Vessel 1-year certification - $30

Pressure Vessel 2-year certification - $60

Pressure Vessel 4-year certification - $120

(2) Power boilers and high pressure/high temperature hot water boilers:

Internal inspection under 5 HP - $60

5 HP up to 99 HP - $100

99 HP up to 200 HP - $140

Over 200 HP, on an hourly basis with a minimum of - $200

External inspection - $60

Heating boilers and hot water supply boilers without a manhole - $75

Heating boiler and hot water supply boilers with a manhole - $50

Water heater - $25

(3) Pressure vessels:

Fifty square feet or less - $50

Each additional 100 square feet or fraction thereof in excess of 50 square feet - $20

(4) Shop reviews:

ASME and National Board “R” review - $1,500

National Board “R” only review - $800

(5) Inspectors commission:

National board examination, Delaware resident - $75

National board examination, non-Delaware resident - $150

Examination for a Delaware inspector commission - $100

Biennial (2 year) commission credential card renewal - $25

Replacement of lost or destroyed commission - $20

(6)

Permit for state special.

Boiler or pressure vessel - $500 minimum

Nuclear installation - $2000 minimum.
7 Del. C. § 6429 — Delaware Code / Title 7 / Chapter 64 / Subchapter I / Section 6429
§ Â
        6429. Material and energy recovery facility for Kent County and Sussex County.
Status: in_force

(a) The Authority is directed to study, finance, design, develop, implement and operate a material and energy recovery facility at either or both of the sites where it now owns and operates landfills in Kent County and Sussex County or at such other site as it may select in accordance with this chapter to serve Kent County and Sussex County.

(b) The Authority shall file a report with the Governor, the President Pro Tempore of the Senate and the Speaker of the House of Representatives on or before May 1 in each year commencing with 1989 on the status of its efforts to develop a material and energy recovery facility to serve Kent County and Sussex County.
7 Del. C. § 1917 — Delaware Code / Title 7 / Chapter 19 / Section 1917
§ Â
        1917. Reciprocity for commercial nonresident licenses.
Status: in_force

(a) This section applies to this title.

(b) When by or pursuant to the laws of any other state, should any other state impose any tax, other fee or restrictions on nonresidents for the privilege of commercial shellfishing or leasing of shellfish grounds within its boundaries, which tax or other fee is in the aggregate greater or restriction is greater, to include but limited to the nonavailability of license or leasing for nonresidents, the same taxes, other fees, license requirements and restrictions shall be imposed by the Division of Fish and Wildlife of the Department of Natural Resources and Environmental Control upon the residents of the state who seek to apply for a license to commercially shellfish or lease shellfish grounds within the boundaries of this State.
7 Del. C. § 7304 — Delaware Code / Title 7 / Chapter 73 / Section 7304
§ Â
        7304. Designation of Office of Nature Preserves.
Status: in_force

There is hereby designated within the Department an Office of Nature Preserves, which shall administer for the Department this chapter.
7 Del. C. § 4327 — Delaware Code / Title 7 / Chapter 43 / Subchapter III / Section 4327
§ Â
        4327. Waiving of lagoon management commissionersâ hearing and referendum.
Status: in_force

In those cases when all of the landowners involved indicate by signed statement that they are familiar with the report of the board of lagoon management commissioners and that they favor the formation of the tax lagoon, the board of lagoon management commissioners shall not hold a hearing and referendum pursuant to § 4324 of this title, nor shall they give notice thereof as pursuant to § 4323 of this title, but they shall prepare the statement required and file their report, pursuant to § 4325 of this title, without a certificate of referendum.
7 Del. C. § 716 — Delaware Code / Title 7 / Chapter 7 / Subchapter I / Section 716
§ Â
        716. Hunting, fishing or trapping without a license; penalties.
Status: in_force

Any person required by this title to obtain a license before hunting, trapping or fishing in this State and who hunts, traps or fishes without having obtained such license shall be guilty of a class C environmental violation.
7 Del. C. § 4511 — Delaware Code / Title 7 / Chapter 45 / Section 4511
§ Â
        4511. Lease of mineral rights in public lands; utility rights.
Status: in_force

The power granted to the Department of Natural Resources and Environmental Control to lease the public lands shall include the right of the Department, together with the Governor of this State, to execute and deliver, in proper form, a lease for the exclusive right of mining, exploring by geophysical and other methods, and operating for and producing therefrom, oil, gas, casing head gas, casing head gasoline, laying pipelines, telephone and telegraph lines and building tanks, power stations, gasoline plants, ponds and roadways, and the exclusive right of injecting water, brine and other fluids into the subsurface strata of the public lands so demised.
7 Del. C. § 5309 — Delaware Code / Title 7 / Chapter 53 / Subchapter II / Section 5309
§ Â
        5309. Permit application.
Status: in_force

(a) Any qualified person may apply to the Division for a permit to conduct archaeological investigations on state lands. The application must contain information that the Division considers necessary, including information concerning the time, scope, location, specific purpose of the proposed work, and proposed disposition of recovered materials and associated records.

(b) The Division shall issue a permit pursuant to an application under subsection (a) of this section if the Division finds that:

(1) The applicant is qualified to carry out the permitted activity;

(2) The proposed activity is undertaken for the purpose of furthering archaeological knowledge in the public interest;

(3) The archaeological resources which are excavated or removed from state lands, including subaqueous lands, will remain the property of the State. Those resources and copies of associated archaeological records and data will be preserved by a qualified university, museum, or other scientific or educational institution, except as may be provided for under a shipwreck management program established pursuant to § 5316 of this title;

(4) The activity pursuant to the permit is not inconsistent with any management plan applicable to the state lands concerned; and

(5) The proposed activity will not interfere with archaeological investigations being conducted or planned by the Division.

(c) A permit may contain any terms, conditions, or limitations which the Division considers necessary to achieve the intent of the chapter in the best interest of the State. A permit must identify the person responsible for carrying out the archaeological investigation. The Division may set reasonable permit fees that approximate and reasonably reflect the costs necessary to defray the expenses of the Division for its services. Any fees collected by the Division under this section are hereby appropriated to the Division to carry out the purposes of this chapter.

(d) The Division may renew a permit upon or prior to expiration, upon such terms as the applicant and the Division may mutually agree. Holders of permits are responsible for obtaining permission of any federal agencies having jurisdiction, including but not limited to the United States Coast Guard, the United States Department of the Navy and the United States Army Corps of Engineers, and of state agencies having jurisdiction, including but not limited to the Department of Natural Resources and Environmental Control, prior to conducting any archaeological investigation on subaqueous or terrestrial state lands.

(e) The Division may suspend a permit issued under this chapter upon the determination that the permit holder has violated any provision of § 5312(a), (b), (c) or (d) of this title. The Division may revoke a permit upon the assessment of a civil penalty under § 5312(e) of this title against the permit holder, or upon the permit holder’s conviction under § 5312(f) of this title. The Division may suspend or revoke a permit if the permit holder has not substantially commenced or is not diligently pursuing the archaeological investigation.

(f) Any permit applicant or permit holder may appeal the denial, suspension, or revocation of a permit by the Division. An appeal must be made to the Secretary and filed with the Secretary within 60 days from the issuance of the Division’s decision. The appeal must be conducted in accordance with the Administrative Procedures Act, § 10101 et seq. of Title 29. If an appellant exhausts all administrative remedies, the appellant is entitled to judicial review in accordance with subchapter V of the Administrative Procedures Act [§ 10141 et seq. of Title 29].
7 Del. C. § 6047 — Delaware Code / Title 7 / Chapter 60 / Subchapter II-A / Section 6047
§ Â
        6047. Federal preemption.
Status: in_force

Should a national cap and trade program essentially equivalent to the requirements of Regional Greenhouse Gas Initiative (RGGI) be promulgated by the federal government, Delaware may transition into the federal program and suspend or amend its regulations accordingly, provided that any unspent funds remaining with the Sustainable Energy Utility or Department of Natural Resources and Environmental Control following cessation or suspension of the RGGI program shall be used in accordance with their initial purpose. Delaware’s program shall not be abandoned until the national program is fully implemented and Delaware’s regulations are amended to transition to the national program.
7 Del. C. § 2105 — Delaware Code / Title 7 / Chapter 21 / Section 2105
§ Â
        2105. Oyster harvest fees and tags.
Status: in_force

Except where otherwise noted, nothing in this section shall apply to oyster aquaculture products harvested from leased sites on Delaware’s Inland Bays:

(1) An annual oyster harvest fee of $1.25 per bushel of oysters harvested from the State’s natural oyster beds shall be prepaid to the Department by a resident of this State on or before specific dates established by the Department.

(2) An annual oyster harvest fee of $12.50 per bushel of oysters harvested from the State’s natural oyster beds shall be prepaid to the Department by nonresidents of the state area before specific date or dates established by the Department.

(3) A person’s total oyster harvest fees shall be determined by dividing the number of bushels of oysters authorized to be harvested in a given year by the number of eligible persons who sign up to participate in the oyster harvest during said year multiplied by the appropriate oyster harvest fee.

(4) The Department shall issue tags to those persons who prepay their annual oyster harvest fees at the rate of 1 tag per bushel or 1 tag per 30-bushel cage.

(5) The Department shall notify each person who has been issued an oyster harvesting license of the amount of oysters available for harvest during a given year.

(6) Oyster harvesting tags, once issued to a person by the Department, shall not be reimbursable or transferable.

(7) It shall be unlawful for a person who harvests oysters from the natural oyster beds of this State for direct sale to not place said oysters in a bushel bag or 30-bushel cage prior to landing said oysters. “Landing” shall mean to bring to shore.

(8) It shall be unlawful for a person who harvests oysters from the natural oyster beds of this State for direct sale to not attach an oyster harvesting tag in the locked position to a bushel bag or 30-bushel cage containing oysters prior to landing said oysters.

(9) It shall be unlawful for a person to attach an oyster harvesting tag which had been previously attached to a bushel bag or a 30-bushel cage to another bushel bag or 30-bushel cage.

(10) It shall be unlawful for any person to have any bushel bag or 30-bushel cage that is empty or partially filled with oysters on board a vessel that has an oyster harvesting tag attached.

(11) It shall be lawful for anyone with a valid oyster harvesting license to transfer oyster harvesting tags to another licensed oyster harvester authorized to participate in the oyster harvesting season, provided said transfer is made prior to said tags being issued by the Department. All transfers shall be in writing on forms supplied by the Department.
7 Del. C. § 4211 — Delaware Code / Title 7 / Chapter 42 / Section 4211
§ Â
        4211. Operation and maintenance of dams.
Status: in_force

The Department shall require that dam owners and operators develop, use and update as necessary an operation and maintenance plan which provides guidance and instruction to personnel for the proper operation and maintenance of any reservoir or dam to which this chapter applies to safeguard life and property. The operation and maintenance plan shall be subject to the approval of the Department and may be reviewed, modified or amended by the Department as deemed necessary to safeguard life and property. The Secretary may adopt, amend, modify or repeal standards for the maintenance and operation of dams as may be necessary for the purposes of this section. The Department may vary the standards applicable to the various dams giving due consideration to the type and location of the structure, the hazards to which it may be exposed, and the peril of life and property in the event of a failure or misoperation of the dam.
7 Del. C. § 7714 — Delaware Code / Title 7 / Chapter 77 / Section 7714
§ Â
        7714. Violations and penalties.
Status: in_force

(a) Whoever violates this chapter or any rule or regulation duly promulgated thereunder, shall be punishable by a civil penalty imposed by Superior Court of not less than $1,000 nor more than $10,000 per day per violation. In addition, the Secretary may seek injunctive or other relief in Chancery Court.

(b) (1) In the Secretary’s discretion, the Secretary may impose an administrative penalty of up to $10,000 per day of violation whenever the Secretary determines that any person has failed to submit a complete risk management plan as required by § 7708 of this title or does not have a substantially complete risk management program in place as required by § 7709 of this title or does not comply with any provision of this chapter or rule or regulation duly promulgated thereunder. The Secretary may order those operations that present a real and imminent hazard to cease, after notification to the responsible person(s).

(2) Prior to assessment of an administrative penalty, written notice of the Secretary’s proposal to impose such a penalty shall be given to the responsible person(s), and the responsible person(s) shall have 30 days from receipt of the notice to request a public hearing. Any public hearing, right of appeal and judicial appeal shall be conducted pursuant to § 7716 of this title. The amount of the administrative penalty shall be determined based on the nature, circumstances, extent and gravity of the violation or violations, and such other matters as justice may require.

(3) 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 a court of competent jurisdiction for the collection of the administrative penalty, including interest, attorney’s fees and costs. The validity and appropriateness of such administrative penalty shall not be subject to review.

(c) Any person who knowingly violates any applicable requirement of this chapter or of a risk management program or any person who knowingly makes a 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 rule, regulation or order issued under this chapter, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required to be maintained under this chapter, shall upon conviction be subject to a criminal fine of not more than $25,000 per day per violation, or imprisonment for 1 year, or both. The Superior Court shall have jurisdiction of offenses under this subsection. The Secretary may order those operations that pose a hazard to the public to cease.

(d) Any expenses or 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.
7 Del. C. § 7706 — Delaware Code / Title 7 / Chapter 77 / Section 7706
§ Â
        7706. Regulations.
Status: in_force

(a) The Secretary may adopt, amend, modify or repeal regulations, after public hearing, to effectuate the policy and purpose of this chapter. Cost effectiveness, technical feasibility, risk to public health and risk reduction effectiveness are factors that must be considered by the Department in making its findings and developing regulations. In no case shall the costs of risk management program provisions be the deciding factor if the result would jeopardize the purpose of this chapter.

(b) When developing regulations, the Department shall establish an ad hoc committee of interested persons. When establishing this committee, the Department shall solicit the involvement of interested persons such as, but not limited to, the following: Secretaries or their designees of the Department of Natural Resources and Environmental Control, the Department of Agriculture, the Department of Safety and Homeland Security and the Department of Health and Social Services; the State Fire Marshal or a designee; a member of the Delaware Chemical Industry Council; a member of the Delaware State Chamber of Commerce; a member of the Delaware City Community Awareness Emergency Response Committee; a member of the Citizens Advisory Committee to the Department of Natural Resources and Environmental Control; a member of the Delaware Petroleum Council; and citizens of the State representing public organizations with a concern for the environment. The Department Secretary (or a designated person) shall chair the committee.

(c) The regulations developed for this chapter by the Department shall be periodically reviewed.

(d) In addition, the Department shall develop cooperative agreements as needed with the Division of Public Health, the Department of Safety and Homeland Security, Office of the State Fire Marshal and any other private, public or federal agency.
7 Del. C. § 4215 — Delaware Code / Title 7 / Chapter 42 / Section 4215
§ Â
        4215. Liability for damages.
Status: in_force

No action shall be brought against the State, the Department, or any agent of the Department or any employee of the State or the Department for damages sustained through the partial or total failure of any dam, misoperation or its maintenance by reason of any supervision or other action taken pursuant to or under this chapter. Nothing in this chapter shall relieve an owner or operator of a dam from the legal duties, obligations and liabilities arising from such ownership and operation.
7 Del. C. § 7414 — Delaware Code / Title 7 / Chapter 74 / Subchapter I / Section 7414
§ Â
        7414. Leaking Underground Storage Tank Committee.
Status: in_force

There is hereby established a Leaking Underground Storage Tank Committee which shall be composed of, but not limited to, the Secretary of the Department of Natural Resources and Environmental Control, the Director of the Office of Management and Budget, the Director of the Delaware Geological Survey, the State Fire Marshal, a member of the Delaware Petroleum Council, a member of the Pennsylvania/Delaware Service Station Dealers Association, an installer of underground storage tanks, a representative of the insurance industry, the Insurance Commissioner or the Commissioner’s designee, a representative of the agricultural community, a representative of the chemical industry, a representative from an environmental interest group, 2 state Senators who shall be appointed by the President Pro Tempore of the Senate and 2 state Representatives who shall be appointed by the Speaker of the House of Representatives. The Governor shall designate the Chairperson. The whole Committee shall guide development of the regulations and other requirements of this chapter.
7 Del. C. § 4161 — Delaware Code / Title 7 / Chapter 41 / Subchapter IV / Section 4161
§ Â
        4161. Powers of a tax ditch.
Status: in_force

A tax ditch organized under this chapter, being a governmental subdivision of this State and a public body, corporate and politic may exercise public powers and, in addition to such other powers as usually pertain to corporations, may:

(1) Levy taxes;

(2) Sue and be sued in the name of the tax ditch, and suits against the tax ditch shall be governed by subchapter I of Chapter 40 of Title 10;

(3) Make and execute contracts and other instruments necessary or convenient to the exercise of its powers;

(4) Borrow money for the purpose of constructing, maintaining and administering the tax ditch;

(5) Acquire, by purchase, exchange, lease, gift, grant, bequest, devise or otherwise, any property, real or personal, or any rights or interests therein;

(6) Cooperate, or enter into agreements with the state or federal governments or any agency or subdivision thereof;

(7) Exercise the power of eminent domain, in accordance with the condemnation procedure prescribed in Chapter 61 of Title 10, with respect to lands outside the boundaries of the tax ditch which are needed for right-of-way or outlet purposes;

(8) Accept contributions from landowners assessed in the tax ditch, and disburse such funds for the purposes of performing certain operations, such as, but not limited to, additional clearing or the installation of structures, which operations are authorized in the tax ditch order, but which are not included in the original estimated construction requirements and costs;

(9) Call upon the Division of Watershed Stewardship for assistance with administrative and operations problems of the tax ditch;

(10) After initial construction has been completed, and with the prior approval of the Department of Natural Resources and Environmental Control, and with written consent of more than one half of the landowners involved, owning more than 1/2 of the drainage area assessed:

a. Transfer to the Department of Natural Resources and Environmental Control:

1. The responsibility for certain specified responsibilities for maintenance of the tax ditch;

2. All rights-of-way assigned by court order to the tax ditch for construction and maintenance operations;

3. Any and all powers possessed by the tax ditch, or the managers thereof, related to obstruction of, or damage to said tax ditch, or to the addition of territory to a tax ditch, or to the alteration of a tax ditch.

b. Discontinue annual and other meetings of taxables and of tax ditch managers, except that when maintenance has been transferred to the Department of Natural Resources and Environmental Control, that body shall call a meeting of the taxables upon a written request from at least 3 of such taxables.

c. Discontinue tax ditch managers and secretary-treasurer as long as no meetings are being held.
7 Del. C. § 6411 — Delaware Code / Title 7 / Chapter 64 / Subchapter I / Section 6411
§ Â
        6411. Tax status.
Status: in_force

The powers and functions exercised by the Authority under this chapter and any amendments hereof or supplements hereto are and will be in all respects for the benefit of the people of the State, and for the protection of their health and welfare. To this end, the Authority shall be regarded as performing essential governmental functions in exercising such powers and functions and in carrying out this chapter and of any law relating thereto, and shall not be required to pay any taxes or assessments of any character, levied either by the State or a political subdivision thereof, upon any of the property used by it for such purposes, or any income or revenue therefrom, including any profit from a sale or exchange. The bonds or other securities or obligations issued by the Authority, their transfer and the interest paid thereon or income therefrom, including any profit from a sale or exchange, shall at all times be free from taxation by State or any subdivision thereof. The Authority may enter into agreements with any person, other than a municipality, leasing a project from the Authority or operating or managing the project providing for the making of payments in lieu of taxes to any municipality within which the project is located of an amount which may be equal to the taxes on real and personal property which such person would have been required to pay had it been the owner of such property during the period for which such payment is made or such lesser amount as shall be agreed upon by such person and the Authority.
7 Del. C. § 7603 — Delaware Code / Title 7 / Chapter 76 / Section 7603
§ Â
        7603. Board of Directors.
Status: in_force

(a) The Center shall be administered by a Board of Directors which shall be no more than 14 in number and shall consist of the following members:

(1) Secretary of Delaware Department of Agriculture;

(2) Secretary of Delaware Department of Natural Resources and Environmental Control;

(3) Representative from the Sussex Conservation District;

(4) Administrator from Sussex County;

(5) Representative from Sussex County Association of Towns;

(6) Chair of the Inland Bays Scientific and Technical Advisory Committee;

(7) Chair of the Inland Bays Citizens Advisory Committee;

(8) A citizen of Sussex County designated by the President Pro Tem of the Delaware Senate;

(9) A citizen of Sussex County designated by the Speaker of the Delaware House of Representatives; and

(10) Up to 5 citizens of Sussex County elected by the voting membership of the Board of Directors.

Each member may designate an alternate in the event such member is unable to participate in any decision-making process of the Board.

(b) The United States Environmental Protection Agency and other federal agencies may serve as nonvoting, ex-officio members of the Board. In addition, the President Pro-Tem of the Delaware State Senate and the Speaker of the Delaware State House of Representatives may each designate 1 nonvoting, ex-officio member to the Board, which member shall be a resident of Sussex County.

(c) The Inland Bays Estuary Program and the Inland Bays Scientific and Technical Advisory Committee (STAC) and the Citizens Advisory Committee (CAC) shall continue to serve as formal advisory bodies to the Board.
7 Del. C. § 6133 — Delaware Code / Title 7 / Chapter 61 / Section 6133
§ Â
        6133. Interest leaseable.
Status: in_force

Any interest in lands, or lands in fee simple, acquired by the Secretary by purchase, donation, lease, condemnation or otherwise, may be made available to any lessee of the State for the purposes contained in this chapter and upon such terms and conditions as may be determined by the Secretary.
7 Del. C. § 3702 — Delaware Code / Title 7 / Chapter 37 / Section 3702
§ Â
        3702. Definitions.
Status: in_force

For the purposes of this chapter, unless otherwise specifically defined, or another intention clearly appears, or the context requires a different meaning:

(1) “Other states of the United States” includes Puerto Rico.

(2) “Person” includes an individual, corporation, partnership, firm, statutory trust, business trust, joint-stock company, association, syndicate, group, pool, joint venture and any other unincorporated association or group.

(3) “University” means the University of Delaware.
7 Del. C. § 4102 — Delaware Code / Title 7 / Chapter 41 / Subchapter I / Section 4102
§ Â
        4102. Purpose.
Status: in_force

It is the purpose of this chapter in carrying out the policy declared in § 4101 of this title to provide a basis for a uniform system for establishing, financing, administering, maintaining and dissolving tax ditch organizations in the State under the supervision of the Department of Natural Resources and Environmental Control to the end that the conservation and management of the soil, water, wildlife, forest and other resources of the State may be accomplished in a workable and practicable manner.