7 Del. C. § 2010 — Delaware Code / Title 7 / Chapter 20 / Section 2010
§ Â
        2010. Reports; failure to submit.
Status: in_force

(a) Shellfish aquaculture lessees shall file reports on the number of shellfish planted on any leased areas in a manner and frequency as specified by Department regulation, but shall include as a minimum the number of bivalve shellfish planted and number subsequently harvested annually.

(b) Any lease holder who fails to submit timely reports shall be charged with a class D misdemeanor for a first offense and fined $25-$100. Anyone convicted of a second offense within 2 years of the first offense for failure to report in a timely fashion shall be charged with a class B misdemeanor and fined $250-$1,000. Anyone convicted of a third offense for failure to report within 2 years of a second offense for failure to report will be subject to having his or her lease revoked by the Department.
7 Del. C. § 7411 — Delaware Code / Title 7 / Chapter 74 / Subchapter I / Section 7411
§ Â
        7411. Enforcement.
Status: in_force

(a) Whenever, on the basis of any information, the Secretary determines that any person is in violation of any requirement of this chapter, or any rule or regulation promulgated hereunder, the Secretary shall give notice to the violator of said violator’s failure to comply with such requirement. If such violation extends beyond the thirtieth day after the Secretary’s notification, the Department may issue an order requiring compliance within a specified time period.

(b) If such violator fails to take action to correct the violation within the time specified in the order, he or she shall be liable for a civil penalty of not more than $25,000 for each day of continued noncompliance and the Secretary may suspend or revoke any permit issued to the violator.

(c) Any order or any suspension or revocation of a permit shall become final unless, not later than 30 days after the order or notice of the suspension or revocation is served, the person or persons named therein request a public hearing. Upon such request, the Secretary shall conduct a public hearing in accordance with § 6006 of this title. In connection with any proceeding under this subsection, the Secretary may issue subpoenas for the attendance and testimony of witnesses and the production of relevant papers, books and documents and may promulgate rules for discovery procedures.

(d) Any order issued under this section shall state with reasonable specificity the nature of the violation and specify a time for compliance and assess a penalty, if any, which the Secretary determines is reasonable, taking into account the seriousness of the violation and any good faith efforts to comply with the applicable requirements.

(e) In lieu of the compliance order procedure in subsection (a) of this section, any person who violates a provision of this chapter, any rule or regulation, or any order of the Secretary shall be liable for a civil penalty of not less than $1,000, nor more than $25,000 for each day of violation. The Superior Court shall have jurisdiction over offenses under this chapter.

(f) If the violation consists solely of a failure to register an underground storage tank or submit other notifications as required, the Secretary may elect to bring a civil action in the Justice of the Peace Court for a penalty not to exceed $1,000. Each day of violation shall be considered as a separate violation.

(g) Any expenses or civil penalties collected by the Department under this action shall be credited to the administration fund established under § 7418(d) of this title.
7 Del. C. § 912 — Delaware Code / Title 7 / Chapter 9 / Section 912
§ Â
        912. Sale, trade and/or barter of game fish.
Status: in_force

(a) No person who catches or takes any species of game fish from or out of the tidal waters of this State shall sell, trade and/or barter said game fish, unless the Director has authorized such sale, trade or barter by issuing the person a permit.

(b) No person who catches or takes any species of game fish from or out of the tidal waters of this State shall attempt to sell, trade and/or barter said game fish, unless the Director has authorized such attempted sale, trade or barter by issuing the person a permit.
7 Del. C. § 6450 — Delaware Code / Title 7 / Chapter 64 / Subchapter II / Section 6450
§ Â
        6450. Findings; policy; purpose.
Status: in_force

The General Assembly hereby makes the following findings and declares the following policies and purposes with respect to the recycling and reduction of solid waste materials. It is determined that the reduction of solid waste disposal and recovery of usable materials from solid waste are matters of extreme importance in minimizing the environmental impact of solid waste disposal through landfilling. It is in the public interest to develop a comprehensive statewide system of recycling and resource recovery which maximizes the quantity of solid waste materials which can be recovered, reused or converted to beneficial use. The statewide system should utilize existing and new resource recovery facilities such as reclamation projects and waste-to-energy projects while establishing and developing a statewide source separation program through use of recycling centers. In addition to maximizing the recovery and reuse of materials from solid waste through use of large scale projects, it is a state goal to provide an opportunity for source separated recycling to every person in the State. In order to accomplish the goals and objectives of statewide recycling and waste reduction, it is determined that the Authority develop a comprehensive program incorporating long range planning, project development, public education and promotion, information gathering, and marketing. It is further determined that the Authority, in developing a statewide comprehensive recycling and waste reduction program, consider measures to remove from the solid waste stream through source separation materials harmful to the environment which cannot be readily or effectively recycled so that such materials can be separately disposed in an authorized manner. These findings, policies and purposes are declared to be in the public interest and these provisions are considered necessary and for the public benefit as a matter of legislative determination, and liberal interpretation in favor of accomplishing the stated goals and objectives shall be provided.
7 Del. C. § 5701 — Delaware Code / Title 7 / Chapter 57 / Section 5701
§ Â
        5701. Declaration of policy and intent.
Status: in_force

(a) It is the policy and purpose of the State to obtain from the federal government all available relief and assistance to alleviate suffering and damage resulting from major disasters, such as flood, storm, hurricane, fire, drought or other catastrophe, in any part of the State, and to repair or restore essential public facilities that have been damaged or destroyed by a major disaster, and, to that end, to cooperate fully with the federal government and its agencies.

(b) It is the policy and purpose of the State to obtain from the federal government all available assistance for the improvement and maintenance of the natural resources of the State, and to that end, to cooperate fully with the federal government and its agencies.
7 Del. C. § 6012 — Delaware Code / Title 7 / Chapter 60 / Subchapter II / Section 6012
§ Â
        6012. Temporary emergency variances.
Status: in_force

(a) Notwithstanding § 6011 of this title, other than subsection (g) of that section, the Secretary may grant a variance to any rules or regulations promulgated pursuant to this chapter, for a period not to exceed 60 days. The request for a temporary emergency variance shall be submitted in writing, setting forth the reasons for the request.

(b) A temporary emergency variance may be granted only after a finding of fact by the Secretary that:

(1) Severe hardship would be caused by the time period involved in obtaining variances pursuant to § 6011 of this title;

(2) The emergency was of such an unforeseeable nature so as to preclude, because of time limitations, an application under § 6011 of this title;

(3) The conditions set forth in § 6011(b)(1)-(4) of this title are satisfied.

(c) Temporary emergency variances granted pursuant to this section may not be extended more than once.

(d) The granting of any temporary emergency variance shall be published within 5 days of the granting of said variance.
7 Del. C. § 6044 — Delaware Code / Title 7 / Chapter 60 / Subchapter II-A / Section 6044
§ Â
        6044. Regional Greenhouse Gas Initiative.
Status: in_force

(a) The General Assembly explicitly authorizes and sanctions the prior and ongoing participation of the Secretary of the Department of Natural Resources and Environmental Control, and the Chair of the Public Service Commission, and their duly authorized representatives, as part of their official duties, to implement and participate in the Regional Greenhouse Gas Initiative (RGGI).

(b) Representatives of the RGGI states have formed a nonprofit corporation called “RGGI Inc.” to assist in the development of the regional program for reducing CO2 emissions. The General Assembly explicitly authorizes and sanctions the prior and ongoing participation in RGGI Inc. by the Secretary of the Department of Natural Resources and Environmental Control, and the Chair of the Public Service Commission, and their duly authorized representatives, as part of their official duties. The State may contract with RGGI Inc, pay dues to RGGI Inc, and transfer funds to RGGI Inc. to facilitate implementation of the RGGI program.

(c) The Secretary of the Department of Natural Resources and Environmental Control is herein authorized to promulgate regulations to implement the RGGI cap and trade program consistent with the RGGI Memorandum of Understanding, as amended.

(d) No person that is required by regulation to hold CO2 allowances shall operate in Delaware unless it holds CO2 allowances as required by the regulations implementing the RGGI Program.

(e) The Secretary shall enforce the provisions of this subchapter.
7 Del. C. § 797 — Delaware Code / Title 7 / Chapter 7 / Subchapter VII / Section 797
§ Â
        797. Woodchuck or groundhog not protected wildlife.
Status: in_force

The animal known as woodchuck or groundhog shall not be a form of protected wildlife in this State.
7 Del. C. § 1702 — Delaware Code / Title 7 / Chapter 17 / Section 1702
§ Â
        1702. Dogs on state coastal beaches.
Status: in_force

Whoever, being the owner, possessor, harborer or custodian of any dog, allows such dog to be upon the designated swimming or sunbathing area of a state coastal beach strand at any time between May 1 and September 30, inclusive, of any year, except when such dog is on said property on behalf of a law enforcement agency or a blind person, as defined in § 2101 of Title 31, is guilty of a violation and shall be fined not less than $25 nor more than $50. For each subsequent offense, the person shall be fined not less than $50 nor more than $100. “Coastal beach strand” shall mean all that coastal real property between the western base of the dunes and the low water mark except those lands within a municipality which has enacted an ordinance governing the activities of dogs on said real property.
7 Del. C. § 7418A — Delaware Code / Title 7 / Chapter 74A / Section 7418A
§ Â
        7418A. Use of Hazardous Substance Cleanup Act funds.
Status: in_force

The Department may use funding from the Hazardous Substance Cleanup Fund, as established by § 9113 of this title, to support the implementation of this chapter, including but not limited to any of the following purposes:

(1) Preventing releases from aboveground storage tanks;

(2) Rendering an aboveground tank empty if an indication of a release is found, or if the aboveground storage tank has been out-of-service for over 18 months;

(3) Performing an out-of-service site assessment if the owner or operator fails to do so;

(4) Providing financial assistance to remove aboveground storage tanks that are less than 1100 gallons that contain heating fuel and investigate releases from these tanks and conduct corrective actions as necessary; or

(5) Investigating the nature and extent of a release from any type of aboveground storage tank, and performing necessary corrective actions to minimize degradation of groundwater and to protect human health and the environment.
7 Del. C. § 4142 — Delaware Code / Title 7 / Chapter 41 / Subchapter III / Section 4142
§ Â
        4142. Employment of private engineer by landowners.
Status: in_force

If the board of supervisors of the county soil conservation district in which all or the major portion of the area involved is located determines that the formation of a tax ditch is practicable and feasible and is in the interest of the public health, safety and welfare, the interested landowner or owners may at any time thereafter employ at their expense engineering personnel of their selection to assist the Division of Watershed Stewardship.
7 Del. C. § 4309 — Delaware Code / Title 7 / Chapter 43 / Subchapter II / Section 4309
§ Â
        4309. Employment of personnel; purchase of supplies and equipment.
Status: in_force

The Department may employ such personnel and obtain by purchase or otherwise such supplies and equipment as are necessary to carry out this chapter.
7 Del. C. § 5313 — Delaware Code / Title 7 / Chapter 53 / Subchapter II / Section 5313
§ Â
        5313. Exemptions.
Status: in_force

(a) The provisions of §§ 5308, 5309, and 5312(c) of this title do not apply to activities of State agencies which are:

(1) Already subject to federal laws or regulations relating to archaeological resources, or

(2) Not intended as archaeological activities, such as, but not limited to, surveying, environmental remediation, soil testing, construction, or property maintenance. State agencies are encouraged to advise the Division of any archaeological resources found during the course of such activities, pursuant to the letter or spirit of § 5306 of this title.

(b) This chapter does not apply to public use areas on lands along the Atlantic coast from Cape Henlopen south to the state line, situated between the mean low water line and the base of the primary dune, unless otherwise restricted or closed by the Director under the authority of § 5307 of this title.
7 Del. C. § 4384 — Delaware Code / Title 7 / Chapter 43 / Subchapter VI / Section 4384
§ Â
        4384. Addition of territory to a tax lagoon.
Status: in_force

(a) Any landowner who desires that landowner’s own lands to be included within a tax lagoon formed under this chapter may present a petition for an amendment to the existing lagoon order to include such lands to the Superior Court of the county which issued said lagoon order through the board of supervisors of the soil conservation district of the same county, and the procedure shall be substantially the same as the method in § 4385(3) of this title for amending a lagoon order, except that in addition to establishing an assessment base which will be the basis for all future lagoon taxes, for each parcel of land being included within the tax lagoon, 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 lagoon was formed had such lands been within the original boundaries of said tax lagoon and other considerations, shall be determined by the board of lagoon 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 lagoon to benefit land which is not within the original boundary of the tax lagoon as established in the lagoon order and which was not assessed as part of the tax lagoon, or which was not assessed to the prong or part of the tax lagoon utilized by the alteration, and when the landowner or owners have not secured an amendment to the lagoon 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 lagoon order, in addition to all future lagoon taxes, and it shall be the duty of the lagoon managers in the name of the tax lagoon to present a petition for an amendment to the existing lagoon 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 lagoon management commissioners.

(c) In those cases when any landowner desires that landowner’s own lands to be included within a tax lagoon and when agreement can be reached on the part of the landowner and the tax lagoon managers as to the special assessment to be paid and the assessment base to be established as the basis for all future lagoon taxes, then § 4385(1) or (2) of this title may be used to add the additional territory to the tax lagoon.
7 Del. C. § 6408 — Delaware Code / Title 7 / Chapter 64 / Subchapter I / Section 6408
§ Â
        6408. Private contractors.
Status: in_force

The Authority may utilize private industry, by contract, to carry out the business, design, operating, management, marketing, planning and research and development functions of the Authority, or the Authority may determine that it is in the public interest to adopt another course of action. The Authority is hereby empowered to enter into long-term contracts with persons for the performance of any such functions of the Authority which, in the opinion of the authority, can desirably and conveniently be carried out by a person under contract provided any such contract shall contain such terms and conditions as will enable the Authority to retain overall supervision and control of the business, design, operating, management, transportation, marketing, planning and research and development functions to be carried out or to be performed by such persons pursuant to such contract. Such contracts may be entered into either on a negotiated or an open-bid basis, and the Authority in its discretion may select the type of contract it deems most prudent to utilize, considering the scope of work, the management complexities associated therewith, the extent of current and future technological development requirements and the best interests of the State. In exercising the contracting authorities set forth in this section, the Authority shall not give any preference to public versus private parties. Notwithstanding any provision of § 5103 of Title 25 (Landlord-Tenant Code) to the contrary, with respect to any long-term contract pursuant to which a private entity owns or operates a solid waste disposal, transfer station and electric and steam generating facility for the purpose of providing solid waste disposal services to the Authority, Chapters 51 through 70 of Title 25 (Landlord-Tenant Code) shall not determine the legal rights, remedies or obligations of the parties and beneficiaries to any rental or leasing agreement with respect to such facility.
7 Del. C. § 4387 — Delaware Code / Title 7 / Chapter 43 / Subchapter VI / Section 4387
§ Â
        4387. Dissolution of tax lagoon.
Status: in_force

After a duly called meeting of the taxables at which a majority of all eligible votes have been cast in favor of dissolving a tax lagoon created under this chapter, the lagoon managers shall prepare a petition requesting such dissolution to the Superior Court through the Division of Watershed Stewardship. If the tax lagoon has operated for at least 10 years and if the Division of Watershed Stewardship is of the opinion that the dissolution of such tax lagoon is in the public interest, it shall file the petition therefor, together with the recommendations of the Division of Watershed Stewardship in the office of the prothonotary of the county in which the original lagoon order was issued. After a petition for dissolution has been so filed, the Superior Court shall issue an order dissolving the tax lagoon. No such order of dissolution shall be issued unless and until all obligations of the tax lagoon have been paid in full and all commitments of the tax lagoon have been fulfilled.
7 Del. C. § 1128 — Delaware Code / Title 7 / Chapter 11 / Subchapter II / Section 1128
§ Â
        1128. Use of proceeds of sale of stamps.
Status: in_force

All moneys received from the sale of Delaware trout fishing stamps shall be deposited at least monthly by the Department with the State Treasurer, to be by him or her retained until expended upon proper vouchers of the Department only for the purchase of trout for restocking those waters of the State considered suitable for such purpose or for the improvement of such waters for trout fishing.
7 Del. C. § 6414 — Delaware Code / Title 7 / Chapter 64 / Subchapter I / Section 6414
§ Â
        6414. Local cooperation.
Status: in_force

All municipalities, political subdivisions and every department, agency or public body of the State is hereby authorized and empowered to cooperate with, aid and assist the Authority in effectuating this chapter and of any amendment hereof or supplement hereto, without regard to any law, public or private, or charter, regulating the issuance of debt or other obligations or governing the issuance of bonds.
7 Del. C. § 510 — Delaware Code / Title 7 / Chapter 5 / Subchapter I / Section 510
§ Â
        510. Term of license.
Status: in_force

(a) All licenses issued by the Division of Fish and Wildlife shall be in lieu of all other charges for such privileges and shall authorize their legal holder the privilege prescribed thereon only during the fiscal year, and, with the exception of fishing licenses, such licenses shall be valid only during the periods prescribed on the license.

(b) Fishing licenses shall authorize their legal holder the privilege prescribed thereon only during the calendar year beginning the 1st day of January and such licenses shall expire on December 31 of the year they are issued.
7 Del. C. § 112 — Delaware Code / Title 7 / Chapter 1 / Section 112
§ Â
        112. Prohibition against acceptance of fees by employees of Department.
Status: in_force

No employee of the Department shall receive or accept any fee from the sale of licenses issued by the Department.
7 Del. C. § 7006 — Delaware Code / Title 7 / Chapter 70 / Section 7006
§ Â
        7006. State Coastal Zone Industrial Control Board created; composition; conflict of interest; quorum.
Status: in_force

There is hereby created a State Coastal Zone Industrial Control Board, which shall have 9 voting members. Five of these shall be regular members appointed by the Governor and confirmed by the Senate. No more than 2 of the regular members shall be affiliated with the same political party. At least 1 regular member shall be a resident of New Castle County, 1 a resident of Kent County and 1 a resident of Sussex County, provided that no more than 2 residents of any county shall serve on the Board at the same time. The additional 4 members shall be the Director of the Division of Small Business, and the chairpersons of the planning commissions of each county, who shall be ex officio voting members. The term of 1 appointed regular member shall be for 1 year; 1 for 2 years; 1 for 3 years; 1 for 4 years; and the chairperson, to be designated as such by the Governor, and serve at the Governor’s pleasure. Thereafter, all regular members shall be appointed for 5-year terms. The members shall receive no compensation except for expenses. Any member of the Board with a conflict of interest in a matter in question shall disqualify himself or herself from consideration of that matter. A majority of the total membership of the Board less those disqualifying themselves shall constitute a quorum. A majority of the total membership of the Board shall be necessary to make a final decision on a permit request.
7 Del. C. § 2801 — Delaware Code / Title 7 / Chapter 28 / Section 2801
§ Â
        2801. Definitions.
Status: in_force

(a) “Bullrake” means any rake with a width of more than 14 inches measured perpendicular to the tines or any rake with a handle of more than 7 feet.

(b) “Conch pot” means any pot, basket, box, cage, container or other similar catching device that has at least 1 escape vent measuring at least 5″ x 10″ in the top or parlor section of said pot, basket, box, cage or container or other similar catching device.

(c) “Delaware’s internal waters” means all of those tidal waters under the jurisdiction of the State, except the Atlantic Ocean, as separated from the Delaware Bay by a straight line drawn between Cape May Point, New Jersey and Cape Henlopen Point, Delaware.

(d) “Delaware’s territorial sea” means all of those tidal waters in the Atlantic Ocean separated from the Delaware Bay under the jurisdiction of the State, the outer boundary of which is a line 3 nautical miles coterminous with the shoreline of the State.

(e) “Trawline” means a long line, anchored on each end, to which more than 1 conch pot is attached by short lines.
7 Del. C. § 6072 — Delaware Code / Title 7 / Chapter 60 / Subchapter IV / Section 6072
§ Â
        6072. Definitions.
Status: in_force

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

(1) “Inland bays” shall mean the Rehoboth Bay, Indian River Bay, Indian River and Little Assawoman Bay.

(2) “Waters of exceptional recreational or ecological significance” shall mean waters designated by the State which are important, unique or sensitive from a recreational and/or ecological perspective, but which may or may not have excellent water quality. Such waters shall normally have regional significance with respect to recreational use (fishing, swimming and boating), or have significant or widespread riverine, riparian or wetland natural areas.
7 Del. C. § 2302 — Delaware Code / Title 7 / Chapter 23 / Section 2302
§ Â
        2302. Female blue crabs bearing eggs.
Status: in_force

It shall be unlawful for any person to take or have in his or her possession or offer for sale at any time any female blue crab bearing eggs visible thereon (sponge crabs), or any female blue crab from which the egg pouch or bunion has been removed.
7 Del. C. § 4740 — Delaware Code / Title 7 / Chapter 47 / Subchapter II / Section 4740
§ Â
        4740. Liberal construction of subchapter.
Status: in_force

This subchapter, being necessary for the prosperity and welfare of the State and its citizens, shall be liberally construed to effect the purposes hereof.
7 Del. C. § 5904 — Delaware Code / Title 7 / Chapter 59 / Section 5904
§ Â
        5904. Use of land without charge; limits of liability.
Status: in_force

(a) Except as specifically recognized by or provided in § 5906 of this title, an owner of land who either directly or indirectly invites or permits without charge any person to use such property for recreational purposes does not thereby:

(1) Extend any assurance that the premises are safe for any purpose;

(2) Confer upon such person the legal status of an invitee or licensee to whom a duty of care is owed;

(3) Assume responsibility, or incur liability, for any injury to person or property caused by an act of omission of such persons.

(b) The limits of liability of an owner as set forth under this section shall apply whether the person entered upon the land of the owner with or without consent of the owner.
7 Del. C. § 7111 — Delaware Code / Title 7 / Chapter 71 / Subchapter I / Section 7111
§ Â
        7111. Testimony at hearings.
Status: in_force

Testimony taken at any hearing shall be under oath and recorded stenographically, but the parties shall not be bound by the strict rules of evidence prevailing in the courts of law and equity. True copies of any transcript and of any other record made of or at such hearings shall be furnished to any party thereto upon request, and at such party’s expense. Applicants shall pay for any and all stenographer’s fees and, if requested, copies of the transcript.
7 Del. C. § 4132 — Delaware Code / Title 7 / Chapter 41 / Subchapter III / Section 4132
§ Â
        4132. 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 ditch 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 § 4130 of this title. The board of ditch 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 ditch 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 § 4131 of this title will again apply. At the conclusion of the hearing, a referendum shall be held under the supervision of the board of ditch 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 ditch in accordance with the final report of the board of ditch 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 ditch commissioners.
7 Del. C. § 909 — Delaware Code / Title 7 / Chapter 9 / Section 909
§ Â
        909. Fishing for bait fish in tidal waters.
Status: in_force

Unless otherwise provided by adoption of Department regulation subsequent to April 27, 1984, it shall be legal to fish for bait fish in all tidal waters of this State.
7 Del. C. § 6114 — Delaware Code / Title 7 / Chapter 61 / Section 6114
§ Â
        6114. Rental for leased land.
Status: in_force

The Secretary shall specify a rental payable annually in advance of not less than $0.25 for each acre of land subject to the lease at the rental date. After production has been established, rent paid shall be deducted from any royalty due under the terms of a lease during the year for which such rent has been paid.
7 Del. C. § 4521 — Delaware Code / Title 7 / Chapter 45 / Section 4521
§ Â
        4521. Zoning and use.
Status: in_force

Notwithstanding any provision of this chapter to the contrary, no state park, or any part thereof, open space as defined in § 7504 of this title, or other area acquired primarily for recreational use, shall be rezoned, neither shall there be a change in the use of any such lands requiring a variance or subdivision approval, except upon 45 days prior notice to all elected members of the General Assembly in whose district such lands, or any part thereof, lie.
7 Del. C. § 6020 — Delaware Code / Title 7 / Chapter 60 / Subchapter II / Section 6020
§ Â
        6020. Liberal construction.
Status: in_force

This chapter, being necessary for the welfare of the State and its inhabitants, shall be liberally construed in order to preserve the land, air and water resources of the State.
7 Del. C. § 528 — Delaware Code / Title 7 / Chapter 5 / Subchapter II / Section 528
§ Â
        528. License requirement for commercial raw fur dealer.
Status: in_force

A person must obtain an annual license before engaging in the business of purchasing or receiving raw furs or pelts for commercial purposes within this State, except muskrat furs or pelts.
7 Del. C. § 516 — Delaware Code / Title 7 / Chapter 5 / Subchapter I / Section 516
§ Â
        516. Forgery or alteration of license; obtaining license by misrepresentation; use of license by another; penalties.
Status: in_force

Whoever forges or alters any license or misrepresents the facts in order to obtain any license issued by the Department or use the license of another, or permits such license to be used by another, shall forfeit such license and be guilty of a class B environmental misdemeanor for each offense. In addition thereto, for altering a license in any way, the person is guilty of forgery and shall be punished accordingly.
7 Del. C. § 2906 — Delaware Code / Title 7 / Chapter 29 / Section 2906
§ Â
        2906. Savings.
Status: in_force

The provisions of this chapter shall be in addition to and not affect any other entitlements or allowances regarding the transfer or assignment of permits and licenses covered by this chapter.
7 Del. C. § 9207 — Delaware Code / Title 7 / Chapter 92 / Section 9207
§ Â
        9207. Federal preemption.
Status: in_force

Transferred to § 6047 of this title.
7 Del. C. § 4344 — Delaware Code / Title 7 / Chapter 43 / Subchapter IV / Section 4344
§ Â
        4344. Voting by proxy.
Status: in_force

Any person entitled to vote pursuant to § 4343 of this title may authorize another landowner within the tax lagoon to cast the authorizing landowner’s votes in that landowner’s stead by executing a proxy. The proxy shall be signed, dated and notarized.
7 Del. C. § 758 — Delaware Code / Title 7 / Chapter 7 / Subchapter III / Section 758
§ Â
        758. Extension of muskrat open season.
Status: in_force

Notwithstanding § 703(1) of this title, the open season during which it shall be lawful to catch, kill or pursue or attempt to catch, kill or pursue muskrat may be extended. The Department shall establish both the conditions under which an extension shall occur and the extension framework through regulations promulgated pursuant to Chapter 101 of Title 29, Administrative Procedures Act.
7 Del. C. § 107 — Delaware Code / Title 7 / Chapter 1 / Section 107
§ Â
        107. Use of funds derived from sale of hunting and trapping licenses.
Status: in_force

All funds derived from the issuance of licenses issued by the Department for hunting and trapping shall be deposited by the Department with the State Treasurer, retained by the State Treasurer, and specifically set aside and earmarked until expended upon by proper vouchers for the purpose of matching and securing money allotted to Delaware under the acts of Congress approved September 2, 1937 (16 U.S.C. § 669 et seq. (Wildlife Restoration)) as amended, and August 9, 1950 (16 U.S.C. § 777 et seq. (Fish Restoration and Management)) as amended, to provide federal aid to the states in wildlife and fish restoration. Any balance remaining in such fund after full provision is effected to insure matching in full of federal aid to this State for wildlife and fish restoration shall be expended by the Department with approval from the Office of Management and Budget, the Controller General’s Office and the co-chairs of the Joint Finance Committee upon the fish and wildlife resources of this State in accordance with the federal guidelines to manage such fish and wildlife resources.
7 Del. C. § 7202 — Delaware Code / Title 7 / Chapter 72 / Section 7202
§ Â
        7202. Definitions.
Status: in_force

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

(b) “Maintenance” means the actions required to return a channel, bridge, culvert, stormwater basin or water control structure to its full operational condition or to prevent a decline in its utility. These actions shall not change the purpose, scope or capacity of the channel, bridge, culvert, stormwater basin or water control structure.

(c) “Ordinary high water mark” means, for nontidal waters, the line at which the presence and action of water are so continuous in all ordinary years so as to leave a distinct mark on a bank either by erosion or destruction of terrestrial (nonaquatic) vegetation, or that can be determined by other physical or biological means.

(d) “Reconstruction” means the rebuilding of a channel, bridge, culvert, stormwater basin or water control structure that requires significant renovation or repair of their major structural features. This rebuilding shall be characterized by a replacement or major restorative effort similar to the degree required in the original design and construction of the channel, bridge, culvert, stormwater basin or water control structure. This rebuilding shall not change the purpose, scope or capacity of the channel, bridge, culvert, stormwater basin or water control structure.

(e) “Retrofitting” means a change in design, construction or materials to an existing bridge, culvert, stormwater basin or water control structure in order to incorporate later improvements or to reflect new standards, criteria or needs not considered in the original design and construction.

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

(g) “Subaqueous lands” means submerged lands and tidelands.

(h) “Submerged lands” means:

(1) Lands lying below the line of mean low tide in the beds of all tidal waters within the boundaries of the State;

(2) Lands lying below the plane of the ordinary high water mark of nontidal rivers, streams, lakes, ponds, bays and inlets within the boundaries of the State as established by law; and

(3) Specific manmade lakes or ponds as designated by the Secretary.

(i) “Tidelands” means lands lying between the line of mean high water and the line of mean low water.
7 Del. C. § 7405B — Delaware Code / Title 7 / Chapter 74B / Section 7405B
§ Â
        7405B. Enforcement.
Status: in_force

(a) When the Secretary determines that any person is in violation of any requirement, rule, or regulation under this chapter, the Secretary shall give notice to the violator of said violator’s failure to comply with such requirement. If such violation extends beyond the thirtieth day after the Secretary’s notification, the Department may issue an order requiring compliance within a specified time period or assess a civil penalty. Any civil penalty assessed under this subsection shall not be less than $1,000 and not more than $10,000 for each day of violation.

(b) If a violator fails to take action to correct the violation within the time specified in the order, the violator shall be liable for a civil penalty of not more than $10,000 for each day of continued noncompliance.

(c) Orders issued under this section shall state with reasonable specificity the nature of the violation, specify a time for compliance, and assess a penalty as determined by the Secretary based on the seriousness of the violation and any good faith efforts to comply with the applicable requirements.

(d) Orders shall become final unless, no later than 20 days after the order is served, any person whose interest is substantially affected by the order appeals to the Environmental Appeals Board in accordance with § 6008 of this title.

(e) Any expenses or civil penalties collected by the Department under this action shall be credited to the fund established under § 7403B of this title.
7 Del. C. § 529 — Delaware Code / Title 7 / Chapter 5 / Subchapter II / Section 529
§ Â
        529. License fees.
Status: in_force

A resident of Delaware shall pay to the Department a fee of $50 for a license under § 528 of this title. A nonresident of Delaware shall pay a fee of $475 for such a license.
7 Del. C. § 6318 — Delaware Code / Title 7 / Chapter 63 / Subchapter II / Section 6318
§ Â
        6318. Direct action against guarantor.
Status: in_force

(a) In any case where the owner or operator is in bankruptcy, reorganization or arrangement pursuant to the Federal Bankruptcy Code or where (with reasonable diligence) jurisdiction in any state court or any federal court cannot be obtained over an owner or operator likely to be solvent at the time of judgment, any claim arising from conduct for which evidence of financial responsibility must be provided under this section may be asserted directly against the guarantor providing such evidence of financial responsibility. In the case of any action pursuant to this subsection, such guarantor shall be entitled to invoke all rights and defenses which would have been available to the owner or operator if any action had been brought against the owner or operator by the claimant and which would have been available to the guarantor if an action had been brought against the guarantor by the owner or operator.

(b) The total liability of any guarantor shall be limited to the aggregate amount which the guarantor has provided as evidence of financial responsibility to the owner or operator under this chapter. Nothing in this subsection shall be construed to limit any other state or federal statutory, contractual or common-law liability of a guarantor to its owner or operator including, but not limited to, the liability of such guarantor for bad faith either in negotiating or in failing to negotiate the settlement of any claim. Nothing in this subsection shall be construed to diminish the liability of any person under § 107 or 111 of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. §§ 9607 or 9611) or other applicable law.

(c) For the purpose of this section, the term “guarantor” means any person, other than the owner or operator, who provides evidence of financial responsibility for an owner or operator under this chapter.
7 Del. C. § 7411A — Delaware Code / Title 7 / Chapter 74A / Section 7411A
§ Â
        7411A. Appeals.
Status: in_force

(a) A person whose interest is substantially affected by an action of the Department pursuant to a provision of this chapter or the regulations promulgated under this chapter may appeal to the Environmental Appeals Board in accordance with § 6008 of this title.

(b) Appeals from a decision of the Environmental Appeals Board may be taken in accordance with § 6009 of this title.
7 Del. C. § 4343 — Delaware Code / Title 7 / Chapter 43 / Subchapter IV / Section 4343
§ Â
        4343. Voting rights.
Status: in_force

At all meetings, each landowner shall be entitled to the same number of votes as the number of dollars assessed against the land of such owner in the lagoon order. In the event that any lands are held by tenants in common or joint tenants, each such tenant in common or joint tenant shall be entitled to the same number of votes as the tenant’s fractional share of the total number of dollars assessed against said lands. In the case of lands held by a husband and wife as tenants by the entirety, either the husband or wife may vote all the dollars assessed against their lands.
7 Del. C. § 4011 — Delaware Code / Title 7 / Chapter 40 / Section 4011
§ Â
        4011. Designated watersheds or subwatersheds.
Status: in_force

(a) Watersheds or subwatersheds approved as designated watersheds or subwatersheds by the Department shall have the regulatory requirements clearly specified through a watershed approach to nonpoint pollution control or flood control. The watershed approach shall result in a specific plan, developed or approved by the Department, for the designated watershed or subwatershed that contains the following information:

(1) Stormwater quantity or quality problem identification;

(2) The overall needs of the watershed, not just the additional impacts of new development activities;

(3) Alternative approaches to address the existing and future problems;

(4) A defined approach which includes the overall costs and benefits;

(5) A schedule for implementation;

(6) Funding sources and amounts; and

(7) A public hearing process prior to departmental approval.

(b) Upon approval of the designated watershed or subwatershed plan, all projects undertaken in that watershed or subwatershed shall have stormwater requirements placed upon them that are consistent with the designated watershed or subwatershed plan.
7 Del. C. § 6456 — Delaware Code / Title 7 / Chapter 64 / Subchapter II / Section 6456
§ Â
        6456. Registration of recycling and resource recovery facilities.
Status: in_force

Any person engaged in recycling or resources recovery of source separated solid waste generated in the State shall file with the Authority an annual registration statement containing such information as specified in regulations adopted by the Authority. No fee shall be charged as part of the requirement for filing a registration statement.
7 Del. C. § 2003 — Delaware Code / Title 7 / Chapter 20 / Section 2003
§ Â
        2003. Filing of regulations.
Status: in_force

A copy of the regulations adopted pursuant to this chapter and any amendments thereto shall be filed in the office of the Registrar of Regulations. The regulations of the Department shall be published by the Department in convenient form and distributed to or made available to all persons who request this information.
7 Del. C. § 4316 — Delaware Code / Title 7 / Chapter 43 / Subchapter III / Section 4316
§ Â
        4316. Investigation; hearing.
Status: in_force

The Division of Watershed Stewardship shall cause an investigation to be made in order to ascertain the general location and approximate boundaries of the proposed tax lagoon and to obtain other information to determine whether the formation of the tax lagoon is practicable and feasible and is in the interest of the public health, safety and welfare. The Division of Watershed Stewardship may hold such hearings as it deems necessary in order to assist it in making such determination.
7 Del. C. § 9120 — Delaware Code / Title 7 / Chapter 91 / Subchapter I / Section 9120
§ Â
        9120. Inconsistent laws or ordinances superseded.
Status: in_force

All laws or ordinances inconsistent with any provisions of this chapter are hereby superseded to the extent of the inconsistency.
7 Del. C. § 9116 — Delaware Code / Title 7 / Chapter 91 / Subchapter I / Section 9116
§ Â
        9116. Confidentiality of proprietary information.
Status: in_force

Information obtained by the Secretary under this chapter shall be available to the public as provided in Chapter 100 of Title 29, unless the Secretary certifies such information to be proprietary. The Secretary may make such certification where any person shows to the satisfaction of the Secretary that the information, or parts thereof, if made public, would divulge methods, processes or activities entitled to protection as trade secrets or as confidential financial or commercial information. Nothing in this section shall be construed as limiting the disclosure of information by the Secretary to any officer, employee or authorized representative of the state or federal government to effectuate the purposes of this chapter. Furthermore, nothing in this section shall prevent the Secretary from including in the remedial decision record information concerning the cost of the remedy or the manner in which it is performed. Prior to disclosure of information certified by the Secretary to be proprietary to an authorized representative who is not an officer or employee of the state or federal government, the person providing the proprietary information may require the representative to sign an agreement prohibiting disclosure of such information to anyone not authorized by this chapter or the terms of the agreement. Such agreement shall not preclude disclosure by the representative to any state or federal government officer or employee concerned with effecting this chapter.
7 Del. C. § 4736 — Delaware Code / Title 7 / Chapter 47 / Subchapter II / Section 4736
§ Â
        4736. Powers and duties of executive director; deputy executive director.
Status: reserved

(a) An executive director shall be selected by a majority vote of the Board. The Board shall require executive director candidates to undergo a credit and criminal history background check. The executive director shall exercise such powers and duties relating to the Corporation as may be delegated to the executive director by the Board. Compensation of the executive director shall be established by the Board, and the executive director shall serve at the pleasure of the Board.

(b) The executive director shall hire a deputy executive director, and may hire such additional deputies and assistants as are authorized by the Board. All hires must be approved by majority vote of the Board prior to assuming a position with the Corporation.

(c) The executive director or any employee of the Corporation may not receive any gift valued in excess of $200 from the Corporation, the Board, or any member of the Board.

(d) The executive director or any employee of the Corporation may rent, lease, or purchase property on the Fort Dupont Complex but only for fair market value and through the Complex’s standard rental or purchase process. Housing on the Fort DuPont Complex may not be included in an employee’s compensation package.

(e) The executive director shall provide an annual written report of the Corporation’s activities to the Chair of the Board.

(f) The executive director shall provide an annual presentation to the City Council of Delaware City, setting forth any pending or approved changes to the Redevelopment Plan and a summary of development progress. The presentation shall be made in a public forum and time shall be reserved for public comment.
7 Del. C. § 4202 — Delaware Code / Title 7 / Chapter 42 / Section 4202
§ Â
        4202. 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) “Dam” shall mean any artificial barrier, including appurtenant works, with the ability to impound or divert water, wastewater, or liquid-borne materials.

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

(3) “Emergency action plan” shall mean a plan prepared by the dam owner and approved by the Department which identifies emergency conditions at a dam and specifies preplanned actions to minimize loss of life and property damage in the event of a potential dam failure.

(4) “High hazard potential dam” shall mean any dam whose failure or misoperation will cause probable loss of human life.

(5) “Low hazard potential dam” shall mean any dam whose failure or misoperation is unlikely to cause loss of human life but may cause minor economic and/or environmental losses.

(6) “Maximum storage elevation” shall mean the elevation of the lowest point of the top of dam independent of low points caused by partial failure or collapse.

(7) “Owner” shall include any of the following who own, control, operate, maintain, manage, or propose to construct, reconstruct, enlarge, repair, alter, remove or abandon a dam or reservoir: the State and its departments, institutions, agencies and political subdivisions; every municipal or quasi-municipal corporation; every public utility; every district; every person; the duly authorized agents, lessees, or trustees of any of the foregoing; and receivers or trustees appointed by any court for any of the foregoing.

(8) “Person” shall mean any person, firm, association, organization, partnership, business trust, corporation or company.

(9) “Reservoir” shall mean any basin that contains or will contain impounded water, wastewater, or liquid-borne materials by virtue of its having been impounded by a dam.

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

(11) “Significant hazard potential dam” shall mean any dam whose failure or misoperation will cause possible loss of human life, economic loss, environmental damage, disruption of lifeline facilities, or can impact other concerns.

(12) “State” shall mean the State of Delaware.

(13) “Supervising engineer” shall mean the design engineer who is responsible for conducting dam construction quality assurance inspections in order to certify the construction has been completed in accordance with the approved plans and specifications.
7 Del. C. § 7704 — Delaware Code / Title 7 / Chapter 77 / Section 7704
§ Â
        7704. Policy and general duty.
Status: in_force

(a) The General Assembly believes that every person in control of or associated with an EHS is responsible for operating in a manner consistent with the purpose of this chapter. It is their obligation to develop and implement a risk management program that anticipates and minimizes the chances of catastrophic events. The facility risk management plan and the risk management program implementation shall be subject to review by the Department. It shall be the objective of the regulations and programs established under this chapter to prevent accidental releases and to minimize the consequences of any such release of any substance listed pursuant to § 7707 of this title or any other extremely hazardous substance. Every person in control of or associated with any such substance that is produced, processed, handled or stored has a general duty to identify hazards which may result from such releases using appropriate hazard assessment techniques, to design and maintain a safe facility taking such steps as are necessary to prevent releases, and to minimize the consequences of accidental releases which do occur.

(b) Nothing in this chapter shall be interpreted, construed, implied or applied to create any liability or basis for suit for compensation for bodily injury or any other injury or property damages to any person that may result from accidental releases of such substances.
7 Del. C. § 7303 — Delaware Code / Title 7 / Chapter 73 / Section 7303
§ Â
        7303. Statement of purpose.
Status: in_force

In order to secure for the people of the State of present and future generations the benefits of an enduring resource of areas having 1 or more of the characteristics referred to in § 7302(5) of this title, the State, acting through the Department, shall acquire and hold in trust for the benefit of the people an adequate system of nature preserves for the following uses and purposes:

(1) For scientific research in such fields as ecology, taxonomy, genetics, forestry, pharmacology, agriculture, soil science, geology, conservation, archaeology and other subjects;

(2) For the teaching of biology, natural history, ecology, geology, conservation and other subjects;

(3) As habitats for plant and animal species and communities and other natural objects;

(4) As reservoirs of natural materials;

(5) As places of natural interest and beauty;

(6) As living illustrations of our natural heritage wherein one may observe and experience natural biotic and environmental systems of the earth and their processes;

(7) To promote understanding and appreciation of the scientific, educational, esthetic, recreational and cultural values of such areas by the people of the State;

(8) For the preservation and protection of nature preserves against modification or encroachment resulting from occupation, development or other use which would destroy their natural or esthetic conditions.

In order to give recognition to natural areas, the Department shall establish and maintain a registry of natural areas of unusual significance, but no area so registered shall be a nature preserve unless and until it shall have been dedicated as provided for in § 7306 of this title.
7 Del. C. § 7803 — Delaware Code / Title 7 / Chapter 78 / Section 7803
§ Â
        7803. Definitions.
Status: in_force

As used in this chapter:

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

(2) “Implementation Committee” means the Pollution Prevention Implementation Committee.

(3) “Multi-media” means all environmental media including, but not limited to, workplaces within facilities, water, land and air.

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

(5) “Pollution prevention” means any practice which:

a. Reduces the amount of any hazardous substance, pollutant or contaminant entering any waste stream or otherwise released into the environment (including fugitive emissions) prior to recycling, treatment or disposal; and

b. Reduces the hazards to public health and the environment associated with the release of such substances, pollutants or contaminants.

The term includes equipment or technology modifications, process or procedure modifications, reformulation or redesign of products, substitution of raw materials and improvements in housekeeping, maintenance, training or inventory control.

The term “pollution prevention” does not include any practice which alters the physical, chemical or biological characteristics of the volume of a hazardous substance, pollutant or contaminant through a process or activity which itself is not integral to and necessary for the production of a product or the providing of a service.

(6) “Secretary” means the Secretary of the referenced state department or a duly authorized designee.

(7) “Trade secret” means any information concerning production processes employed or substances manufactured, processed or otherwise used within a facility which the Secretary of the Department has determined to be propriety information.

(8) “Waste” means, but is not limited to, those substances defined as such under Delaware Codes, or the regulations promulgated thereunder: air pollution as defined in § 6002 of this title; hazardous waste as defined in § 6302 of this title; industrial waste as defined in § 6002 of this title; liquid waste as defined in § 6002 of this title; other wastes as defined in § 6002 of this title; refuse as defined in § 6002 of this title; rubbish as defined in § 6002 of this title; sewage as defined in § 6002 of this title; and solid waste as defined in § 6002 of this title.
7 Del. C. § 6111 — Delaware Code / Title 7 / Chapter 61 / Section 6111
§ Â
        6111. Exclusive right to drill and remove minerals.
Status: in_force

The lease shall grant the exclusive right to drill for and produce all oil, gas, sulphur and other mineral deposits in the leased land and be for a primary term of 10 years and for so long thereafter as oil, gas, sulphur or other minerals are produced in paying quantities from the leased land, or lessee is diligently conducting producing, drilling, deepening, repairing, redrilling or other necessary lease or well maintenance operations on the leased land, or is excused from conducting such operations under the terms of the lease.
7 Del. C. § 7713 — Delaware Code / Title 7 / Chapter 77 / Section 7713
§ Â
        7713. Fees [For application of this section, see 85 Del. Laws, c. 42, Â 10].
Status: in_force

(a) The Department is authorized to charge and collect fees from persons with extremely hazardous substances pursuant to § § 7707 and 7709 of this title.

(1) Except as set forth under paragraph (a)(2) of this section, fees shall be a minimum of $900 per year for the first whole unit and $50 per year for each additional unit to a maximum of 300 units.

(2) For a stationary source reporting propane or ammonium nitrate with a potential release greater than or equal to a sufficient quantity in their risk management plan, the maximum fee is $500 per year for the first whole unit and $25 per year for each additional unit to a maximum of 300 units.

(b) The Department may assess a fee to cover additional actual costs to the Department for any facility whose submitted RMP or whose risk management program records that are made available during inspection are inaccurate or incomplete to the extent that the RMP and/or inspection of the facility cannot be accomplished within a reasonable time. The Department shall include documentation with the assessment of its findings or condition of the records on which the assessment is based.

(c) All fees collected under this section are hereby appropriated to the Department for its use for the purposes of this chapter.
7 Del. C. § 7003 — Delaware Code / Title 7 / Chapter 70 / Section 7003
§ Â
        7003. Uses absolutely prohibited in the coastal zone.
Status: in_force

(a) Except as provided by § 7014 of this title, heavy industry uses of any kind not in operation on June 28, 1971, are prohibited in the coastal zone and no permits may be issued therefor. In addition, offshore gas, liquid or solid bulk product transfer facilities which are not in operation on June 28, 1971, are prohibited in the coastal zone, and no permit may be issued therefor, except as provided in § 7014 of this title.The prohibitions in this section shall not apply to public sewage treatment or recycling plants. An incinerator is neither “public sewage treatment” nor a “recycling plant” for the purpose of this chapter.

(b) Notwithstanding the provisions of any law, rule, or regulation to the contrary, offshore drilling for oil and natural gas shall be prohibited in the coastal zone and any other state waters and no permit may be issued for or in connection with the development or operation of any facility or infrastructure associated with offshore drilling for oil or natural gas, whether proposed for within or outside of Delaware’s territorial waters.
7 Del. C. § 4004 — Delaware Code / Title 7 / Chapter 40 / Section 4004
§ Â
        4004. Applicability.
Status: in_force

(a) The provisions of this chapter shall not apply to agricultural land management practices unless the conservation district or the Department determines that the land requires a new or updated soil and water conservation plan, and the owner or operator of the land has refused either to apply to a conservation district for the development of such a plan, or to implement a plan developed by a conservation district.

(b) The Department shall adopt standard plans for the construction of agriculture structures and it shall not be necessary for any person seeking approval to submit a sediment and stormwater management plan.

(c) Utility projects disturbing less than 5,000 square feet of land are not subject to the provisions of this chapter.

(d) Subject to sediment and erosion controls, land disturbing activities of 1 acre or less, excluding nonresidential properties, are not subject to the provisions of this chapter.

(e) Land disturbing activities not subject to the land management practices set forth in subsection (a) of this section which are conducted on 10 acres or less of agricultural lands for agricultural purposes shall be subject to standard plans adopted by the Department, and it shall not be necessary for any person seeking approval to submit a detailed sediment and stormwater management plan.

(f) Subject to water quality management and sediment and erosion controls, nonerosive conveyances of stormwater discharges from land disturbing activities which drain into tidal areas and tidal waters are not subject to the quantity management provisions of this chapter.

(g) 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:

(1) 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

(2) 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.

(h) [Expired.]
7 Del. C. § 5402 — Delaware Code / Title 7 / Chapter 54 / Section 5402
§ Â
        5402. Definitions.
Status: in_force

As used in this chapter:

(1) “Committee” means a body of stakeholders that inform the treatment and disposition of unmarked human burials and skeletal remains:

a. When burials or remains are determined to be Native American, the Committee shall be chaired by the Director or the Director’s designee, and consist of the Chief of the Nanticoke Indian Tribe and the Chief of the Lenape Indian Tribe of Delaware, or the Chiefs’ designees, 2 members appointed by each Chief, the Director of the Division of Historical and Cultural Affairs of the Department of State or the Director’s designee, 1 member appointed by the Director, and a ninth member from the private sector appointed by the Governor. Governor’s appointee shall serve 1-year, renewable terms. This is a standing committee.

b. When burials or remains are determined to be other than Native American, an ad hoc committee shall be formed. The committee shall include individuals well suited to ensure treatment and disposition of the human burial and skeletal remains furthers the goal of providing for the dignified and respectful reinterment or other disposition including recognition of the special consideration for African Americans, including enslaved persons, and for persons of undetermined cultural affiliation. The Committee shall be chaired by the Director or the Director’s designee, and consist of 1 member of the private sector appointed by the Governor who shall serve 1-year renewable terms and 7 members appointed by the Director, representing interested parties, which may include any of the following:

1. Known or presumed lineal descendants.

2. Individuals or organizations with a likely cultural affiliation to the remains.

3. The landowner.

4. A professional archaeologist.

5. An historian or person of similar expertise.

(2) “Director” means the Director of the Division of Historical and Cultural Affairs, Department of State.

(3) “Human skeletal remains” or “remains” means any part of the body of a deceased human being in any stage of decomposition.

(4) “Lineal descendant” means any individual tracing their ancestry directly or by proven kinship.

(5) “Medical Examiner” means as defined in Chapter 47 of Title 29.

(6) “Person” means an individual, corporation, partnership, trust, institution, association, or any other private entity or any officer or employee, agent, department, or instrumentality of the United States or of any state or political subdivision thereof.

(7) “Professional archaeologist” means a person having all of the following qualifications:

a. A graduate degree in archaeology, anthropology, history, or another related field with a specialization in archaeology.

b. A minimum of 1 year’s experience in conducting basic archaeological field research, including the excavation and removal of human skeletal remains.

c. Has designed and executed an archaeological study and presented written results and interpretations of such study.

(8) “Proven kinship” means the relationship among individuals that exists because of genetic descent, which includes racial descent.

(9) “Skeletal analyst” means any individual having all of the following qualifications:

a. A graduate degree in a field involving the study of the human skeleton such as skeletal biology, forensic osteology, or other relevant aspects of physical anthropology or medicine.

b. A minimum of 1 year’s experience in conducting laboratory reconstruction and analysis of skeletal remains, including the differentiation of the physical characteristics denoting cultural or biological affinity.

c. Has designed and executed a skeletal analysis and presented the written results and interpretations of such analysis.

(10) “Unmarked human burial” means any interment of human skeletal remains for which there exists no grave marker or any other historical documentation providing information as to the identity of the deceased.
7 Del. C. § 722 — Delaware Code / Title 7 / Chapter 7 / Subchapter I / Section 722
§ Â
        722. Prohibition against use of lights; penalties.
Status: in_force

(a) No person or persons shall hunt or attempt to hunt at nighttime any species of wild bird or wild animal with any artificial light including the headlights of any vehicle or with any device that amplifies light using a power source including but not limited to night vision and infrared devices. Possession in a motor vehicle or conveyance of any firearms, projectile weapons, or other implements with which wild birds or wild animals may be killed, exposed within immediate reach, either loaded or unloaded, while using any artificial lights or any device that amplifies light, shall be prima facie evidence of the use of such firearms, projectile weapons, or other implements for hunting. Raccoons or opossums may be hunted on foot or while riding on a horse or mule at nighttime during open season with the use of a dog or artificial light or both. Frogs may be hunted on foot or from a boat at nighttime during open season with an artificial light.

(b) No person or persons shall make use of any artificial light emanating from a vehicle and directing toward woods, fields, orchards, livestock, wild animals or birds, dwellings or buildings. The provisions of this subsection do not apply to the normal use of headlights of a vehicle traveling on any public or private road in a normal manner, to any police, emergency or utility company vehicle using spotlights to perform their duties, or to any farmer or landowner on the farmer’s or landowner’s own or leased land using artificial lights to check on equipment, crops, livestock or poultry. Nor shall this subsection apply to the normal use of headlights of a vehicle traveling in a normal manner 2 hours prior to sunrise or 2 hours after sunset.

(c) Whoever violates this section shall be guilty of a class B environmental misdemeanor.
7 Del. C. § 7201 — Delaware Code / Title 7 / Chapter 72 / Section 7201
§ Â
        7201. Purposes.
Status: in_force

Subaqueous lands within the boundaries of Delaware constitute an important resource of the State and require protection against uses or changes which may impair the public interest in the use of tidal or nontidal waters. The purposes of this chapter are to empower the Secretary to deal with or to dispose of interest in public subaqueous lands and to place reasonable limits on the use and development of private subaqueous lands, in order to protect the public interest by employing orderly procedures for granting interests in public subaqueous land and for issuing permits for uses of or changes in private subaqueous lands. To this end, this chapter empowers the Secretary to adopt rules and regulations to effectuate the purposes of the chapter, to apply to the courts for aid in enforcing this statute and the rules and regulations adopted pursuant hereto, and to convey interests in subaqueous lands belonging to the State.
7 Del. C. § 901 — Delaware Code / Title 7 / Chapter 9 / Section 901
§ Â
        901. Purpose of chapter; policy of State; interstate fishery management plan; advisory committee.
Status: in_force

(a) The purpose of this chapter is to effectuate the State’s policy toward the management and conservation of coastal finfishery resources in cooperation with the federal government, local governments of this State and the governments of other states. This chapter provides the legal framework by which the users of this State’s finfishery resource can participate in the State’s responsibility of governing fishing for, and the taking of, finfish in a manner that is both biologically and socioeconomically sound.

(b) It shall be the policy of the State to manage tidal water finfisheries in accordance with the development and maintenance of a management strategy that perpetuates the historic significance of recreational and commercial fisheries with priority for development of interstate management plans given to those species that are of foremost interest to recreational fishers. These species shall include the weakfish, Cynoscion regalis, striped bass, Morone saxatilis, summer flounder, Paralichthys dentatus, bluefish, Pomatomus saltatrix, Atlantic croaker, Micropogan undulatus, porgy, Stenotomus chrysops, kingfish, Menticirrhus saxatilis, codfish, Gadus morrhua, seabass, Centroprists striata, and Atlantic mackerel, Scomber scombrus.

(c) It shall also be the policy of the State to manage tidal water finfisheries in accordance with management objectives that maintain optimum yields of fish, that provide a viable experience for recreational fishers and that provide sound business opportunities for commercial fishers and for those providing services to fishers. Management shall be accomplished in cooperation with the federal government, the governments of other states and local fishing interests. Management shall be biologically and socioeconomically sound.

(d) In recognition of these fishes as migratory species which routinely spend some part of their life in the territorial seas and interior waters of different coastal states and the fishery conservation zone (3-200 nautical miles), interstate fishery management plans for each species or group of closely related species may be developed by the Department in cooperation with other interested Atlantic coast states and the appropriate federal agencies in the U.S. Department of the Interior and the U.S. Department of Commerce. The development of each interstate fishery management plan shall include an appropriate Delaware Citizens Advisory Committee whose membership shall consist of individuals who are residents of this State and shall represent the commercial and recreational interest for that fishery. Both the Citizens Advisory Committees and the Department shall abide by the following management principles in the development of an interstate fishery management plan:

(1) Fisheries management shall prevent overfishing while achieving on a continuing basis the optimum yield from each fishery;

(2) Fisheries management shall be based upon the best available scientific and socioeconomic information;

(3) Fisheries management shall, to the extent practical, manage individual stocks of fish as a unit in cooperation with other states and federal authorities throughout the range of fish;

(4) Fisheries management shall, to the extent practical, allocate or assign fishing privileges among fishers to conform to historic fisheries landing statistics and be reasonably calculated to promote conservation;

(5) If it becomes necessary to allocate or assign fishing privileges among the citizens of this State, such allocation shall, to the extent practical, promote efficiency in the utilization of fishery resources, except that no such measure shall have economic allocation as the sole purpose; and

(6) Fisheries management, to the extent practical, shall minimize costs and avoid unnecessary duplications.
7 Del. C. § 2508 — Delaware Code / Title 7 / Chapter 25 / Section 2508
§ Â
        2508. Noncommercial lobstering.
Status: in_force

(a) A lobster pot placed by a person for noncommercial purposes shall be marked with a buoy painted white and have black lettering, and be marked with the initials “N.C.” followed by a dash and then followed by the owner’s initials (i.e., John Smith would mark his lobster pot buoys as follows: “N.C. — J.S.”). The use of more than 2 lobster pots by any individual or his or her agents shall constitute prima facie evidence of commercial intent and shall be unlawful.

(b) Noncommercial potting for lobster is permitted in any waters under the jurisdiction of the State.

(c) It shall be unlawful for any person who is engaged in noncommercial lobstering to sell any lobsters.

(d) Any individual diver may catch, by hand, up to 2 lobsters a day.
7 Del. C. § 2308 — Delaware Code / Title 7 / Chapter 23 / Section 2308
§ Â
        2308. Area where dredging permitted; method of taking; crabs taken by oysterers or clammers.
Status: in_force

(a) Dredging for blue crabs is permitted only on unleased shellfish grounds in Delaware Bay. Under no circumstances shall any person operate a dredge for the purpose of taking crabs over leased shellfish grounds, natural oyster beds, public tonging areas or other areas declared off limits to potting or dredging for crabs by the Secretary, pursuant to Chapters 19 through 25 of this title.

(b) It shall be unlawful for any person to use any hydraulic dredge or mechanical device which employs a vacuum or suction method for the taking or catching or harvesting of crabs from any of the waters under the jurisdiction of this State without the prior written consent of the Department which may be granted for research purposes.

(c) Those crabs of legal size and condition taken by oysterers with a valid oyster harvesting license or by a clammer with a valid commercial dredge clam license while engaged in legal dredging operations may be retained for noncommercial purposes.
7 Del. C. § 6704 — Delaware Code / Title 7 / Chapter 67 / Section 6704
§ Â
        6704. Applications of standards.
Status: in_force

Any code, rule or regulation establishing standards and requirements for the control of air contaminants from motor vehicles shall be applicable to such classification of motor vehicles as the Department shall determine to be necessary to carry out the purpose of this chapter, and shall apply to such motor vehicles not earlier than 180 days from the date of adoption.
7 Del. C. § 4501 — Delaware Code / Title 7 / Chapter 45 / Section 4501
§ Â
        4501. Land warrants.
Status: in_force

All general warrants for locating vacant land without specification, which were not located by survey prior to January 23, 1843, are vacated and void; and all warrants for locating land issued by any recorder since January 11, 1798, are illegal and void.
7 Del. C. § 6003 — Delaware Code / Title 7 / Chapter 60 / Subchapter II / Section 6003
§ Â
        6003. Permit â Required.
Status: in_force

(a) No person shall, without first having obtained a permit from the Secretary, undertake any activity:

(1) In a way which may cause or contribute to the discharge of an air contaminant; or

(2) In a way which may cause or contribute to discharge of a pollutant into any surface or ground water; or

(3) In a way which may cause or contribute to withdrawal of ground water or surface water or both; or

(4) In a way which may cause or contribute to the collection, transportation, storage, processing or disposal of solid wastes, regardless of the geographic origin or source of such solid wastes; or

(5) To construct, maintain or operate a pipeline system including any appurtenances such as a storage tank or pump station; or

(6) To construct any water facility; or

(7) To plan or construct any highway corridor which may cause or contribute to the discharge of an air contaminant or discharge of pollutants into any surface or ground water.

(b) No person shall, without first having obtained a permit from the Secretary, construct, install, replace, modify or use any equipment or device or other article:

(1) Which may cause or contribute to the discharge of an air contaminant; or

(2) Which may cause or contribute to the discharge of a pollutant into any surface or ground water; or

(3) Which is intended to prevent or control the emission of air contaminants into the atmosphere or pollutants into surface or ground waters; or

(4) Which is intended to withdraw ground water or surface water for treatment and supply; or

(5) For disposal of solid waste.

(c) The Secretary shall grant or deny a permit required by subsection (a) or (b) of this section in accordance with duly promulgated regulations provided all of the following:

(1) No permit may be granted unless the county or municipality having jurisdiction has first approved the activity by zoning procedures provided by law.

(2) No permit may be granted to any incinerator unless all of the following apply:

a. The property on which the incinerator is or would be located is within an area which is zoned for heavy industrial activity and shall be subject to such process rules, regulations or ordinances as the county, municipality or other government entity shall require by law, such as a conditional use, so that conditions may be applied regarding the health, safety and welfare of the citizens within the jurisdiction.

b. Every point on the property boundary line of the property on which the incinerator is or would be located is all of the following:

1. At least 3 miles from every point on the property boundary line of any residence.

2. At least 3 miles from every point on the property boundary line of any residential community.

3. At least 3 miles from every point on the property boundary line of any church, school, park, or hospital.

(3) No permit or modification to a permit may be granted for an industrial landfill that authorizes a maximum height, including the cap and cover vegetation, of more than 140 feet above the mean sea level of the area.

(d) A county which requests authority to administer a system for granting or denying a septic tank permit, and which satisfies the Secretary that it has the capability, including but not limited to regulations and enforcement authority, may be authorized by the Secretary, for a term stated, to administer such a system for the Secretary within that county. In the event of such authorization, an applicant for a septic tank permit in that county shall not be bound by subsections (a) and (b) of this section.

(e) The Secretary may, after public hearings, publish a list of activities which do not require a permit.

(f) The Secretary may establish fees for permits issued pursuant to this section with the concurrence and approval of the General Assembly. The Secretary shall annually prepare a schedule of fees for permits issued pursuant to this section and submit the same as part of the Department’s annual operating budget proposal.

(g) No county, municipality or other governmental entity shall issue any building, placement, storage or occupancy permit or license until the property owner has obtained from the Department any necessary permits for underground discharge of wastewater and withdrawal of groundwater.

(h) The Secretary may reduce the amount of any fee charged for any permit or license issued pursuant to the provisions of this title for particular types of permits or classes or categories of permittees.

(i) No county, municipality or other governmental entity shall issue any building, placement, storage or occupancy permit or license to any person intending to operate an incinerator unless:

(1) The property on which the incinerator is or would be located is within an area which is zoned for heavy industrial activity and shall be subject to such process rules, regulations or ordinances as the county, municipality or other government entity shall require by law, such as a conditional use, so that conditions may be applied regarding the health, safety and welfare of the citizens within the jurisdiction; and

(2) Every point on the property boundary line of the property on which the incinerator is or would be located is:

a. At least 3 miles from every point on the property boundary line of any residence;

b. At least 3 miles from every point on the property boundary line of any residential community; and

c. At least 3 miles from every point on the property boundary line of any church, school, park or hospital.

(j) For any industrial landfill not approved by the Department to accept waste as of February 20, 2020, the Secretary shall grant or deny a permit for an industrial landfill under subsection (a) or (b) of this section in accordance with duly promulgated regulations and:

(1) The county, municipality, or other governmental entity having jurisdiction is satisfied that all the following have been established:

a. The property on which the industrial landfill is or would be located is within an area which is zoned for heavy industrial activity.

b. The property on which the industrial landfill is or would be located is subject to such process rules, regulations, or ordinances as the county, municipality, or other government entity shall require by law.

c. The necessary conditions may be applied in order to ensure the health, safety, and welfare of citizens within the jurisdiction.

d. Every point on the property boundary line of the property on which the industrial landfill is or will be located is at least a ¼ mile from all of the following property boundary lines:

1. Any residence, school, park, and hospital.

2. Any residential community.

3. Any wetlands.

(2) No permit or modification to a permit may be granted by the Secretary for an industrial landfill that authorizes a maximum height, including the cap and cover vegetation of more than 140 feet above the mean sea level of the area.
7 Del. C. § 1806 — Delaware Code / Title 7 / Chapter 18 / Section 1806
§ Â
        1806. Prohibited fishing devices and substances.
Status: in_force

(a) It shall be unlawful for any person to make use of any net, trap, catching device, contrivance, explosive, chemical or substance whatsoever, except commercial eel fishing gear or noncommercial eel fishing gear as defined in § 1801 of this title, for the purpose of taking or attempting to take eels for any reason whatsoever in any waters of this State. Said devices and/or substances when found unlawfully in use may be confiscated by the Department. Said devices and/or substances shall be destroyed or disposed of by public auction. Costs of the auction will be taken from the proceeds; any balance from the auction will revert to the General Fund of the State.

(b) It shall be legal for the Department and its authorized agents to use chemicals, electrofishing apparatus and other devices deemed appropriate for use in eel management, research and other scientific purposes; provided consent is obtained from owners of privately owned waters, or in the event such owners cannot be located after a reasonable search, a notice will be posted on those waters and surrounding shores of the intended use of these chemicals or devices 5 days prior to their use.
7 Del. C. § 7013 — Delaware Code / Title 7 / Chapter 70 / Section 7013
§ Â
        7013. Inconsistent laws superseded; all other laws unimpaired; certain uses not authorized.
Status: in_force

All laws or ordinances inconsistent with any provision of this chapter are hereby superseded to the extent of the inconsistency. Provided, that present and future zoning powers of all counties and municipalities, to the extent that said powers are not inconsistent with this chapter, shall not hereby be impaired; and provided that a permit granted under this chapter shall not authorize a use in contravention of county or municipal zoning regulations.
7 Del. C. § 7905 — Delaware Code / Title 7 / Chapter 79 / Subchapter I / Section 7905
§ Â
        7905. Additional information; duty to cooperate.
Status: in_force

All applicants, regulated parties and permittees have the continuing duty to provide any assistance or information requested by the Department, and to cooperate in an inquiry or investigation or hearing conducted by the Department.
7 Del. C. § 4323 — Delaware Code / Title 7 / Chapter 43 / Subchapter III / Section 4323
§ Â
        4323. Notice of hearing on establishment of tax lagoon.
Status: in_force

Upon completion of the proposed report required by § 4322 of this title, the board of lagoon management commissioners shall notify all owners of property in the proposed tax lagoon area of a hearing concerning the establishment of said tax lagoon to be held in the county in which all or the major portion of the lands involved is located. The notice shall be mailed by first class mail at least 20 days prior to the hearing and shall designate the time and place thereof. It shall also state that the purpose of the hearing is to consider the formation of a tax lagoon which may affect the lands of the person notified and to hold a referendum among the affected landowners concerning the establishment of a tax lagoon. In addition, the notice shall state the place where a copy of the above proposed report of the board of lagoon management commissioners will be open to inspection for at least 5 days, excepting Saturday and Sunday, prior to the hearing date.
7 Del. C. § 7309 — Delaware Code / Title 7 / Chapter 73 / Section 7309
§ Â
        7309. Public participation.
Status: in_force

Before the Department makes any finding of the existence of an imperative and unavoidable public necessity, or grants any estate, interest or right in a nature preserve or disposes of a nature preserve or of any estate, interest or right therein, as provided in § 7308 of this title, it shall give notice of such proposed action and an opportunity for any person to be heard at a public hearing in the county in which the preserve is located. The public hearing shall be published at least once in newspapers with a statewide circulation and general circulation in the county in which the nature preserve is located. The notice shall set forth the substance of the proposed action and describe, with or without legal description, the nature preserve affected, and shall specify a place and time not less than 30 days after such publication for a public hearing before the Department on such proposed action. All persons desiring to be heard shall have a reasonable opportunity to be heard prior to action by the Department on such proposal.
7 Del. C. § 4313 — Delaware Code / Title 7 / Chapter 43 / Subchapter III / Section 4313
§ Â
        4313. Name of tax lagoon.
Status: in_force

The name of any tax lagoon established under this chapter shall not be the same as the name of any existing tax lagoon management organization within the same county.
7 Del. C. § 4118 — Delaware Code / Title 7 / Chapter 41 / Subchapter III / Section 4118
§ Â
        4118. Form of petition.
Status: in_force

A petition for the formation of a tax ditch shall be in the following form:

PETITION

To the Superior Court of ________________________________ County through the Board of Supervisors of the Soil Conservation District of ________________________________ County:

Whereas the undersigned (is) (are) the owner(s) of certain lands subject to overflow or in need of water management situated in ________________________________ Hundred(s) ________________________________ County (Counties), and the State of Delaware, said lands being more particularly described as follows ________________

________________

________________

________________; and

Whereas the draining and the prevention of flooding of said lands, and/or the management of water for resource conservation on said lands would be a public benefit and conducive to the public health, safety and welfare; and

Whereas the undersigned desire that a Tax Ditch be formed under the provisions of Chapter 41, Title 7 of the Delaware Code, said Tax Ditch to be known as________________________________ Tax Ditch;

The undersigned therefore request the Soil Conservation District of ________________________________ County to make the investigation required under the above cited chapter and, if the findings thereon be favorable, to file this petition in the office of the Prothonotary of ________________________________ County so that the Superior Court of said County may take the necessary steps required by law to issue an order establishing ________________________________ Ditch.

Dated this ________date day of ________________________________month , ________year at ________________________________, Delaware.

________________

(Space for Signatures)
7 Del. C. § 4154 — Delaware Code / Title 7 / Chapter 41 / Subchapter IV / Section 4154
§ Â
        4154. Voting rights.
Status: in_force

At all meetings, each landowner shall be entitled to the same number of votes as the number of dollars assessed against the land of such owner in the ditch order. In the event that any lands are held by tenants in common or joint tenants, each such tenant in common or joint tenant shall be entitled to the same number of votes as his or her fractional share of the total number of dollars assessed against said lands. In the case of lands held by a husband and wife as tenants by the entirety, either the husband or wife may vote all the dollars assessed against their lands.
7 Del. C. § 4332 — Delaware Code / Title 7 / Chapter 43 / Subchapter III / Section 4332
§ Â
        4332. Notice of final action on lagoon order.
Status: in_force

When the lagoon order has become effective because no objection has been filed or because the right to appeal therefrom has expired, the prothonotary shall notify the Division of Watershed Stewardship and shall forward 2 certified copies of the lagoon order to the Division of Watershed Stewardship.
7 Del. C. § 914 — Delaware Code / Title 7 / Chapter 9 / Section 914
§ Â
        914. Commercial food fishing license; requirements and fees.
Status: in_force

A commercial food fishing license shall be issued to an individual in accordance with the requirements and procedure set forth below in this section:

(1) The fee for a commercial food fishing license for an individual who is a resident of this State shall be $150.

(2) The fee for a commercial food fishing license for an individual who is a nonresident of this State shall be $1,500, except that for a resident of the State of New Jersey, who qualifies as a commercial fisher to obtain a food fishing equipment permit for gill net to fish in only that portion of the Delaware River, east of the center line of the shipping channel, and north of 39 degrees 30′ north latitude the fee shall be $150.

(3) When by or pursuant to the laws or regulations of any other state should said state impose any tax, other fee or restrictions on nonresidents for the privilege of commercial fishing for food fish within its boundaries, which tax, or other fee is in the aggregate greater or restriction is greater to include but not be limited to the nonavailability of a license for nonresidents, the similar or identical taxes, other fees, license requirements and restrictions shall be imposed by the Department upon the residents of that state who seek to apply for a commercial food fishing license from the Department to fish within the boundaries of this State.

(4) A commercial food fishing license shall expire on the last day of the calendar year in which said license is issued by the Department.

(5) The Department shall not issue any commercial food fishing license after December 31 in any calendar year.

(6) All commercial food fishing license holders shall file monthly reports of their catch by effort, species and weight on forms provided by the Department.
7 Del. C. § 7417 — Delaware Code / Title 7 / Chapter 74 / Subchapter I / Section 7417
§ Â
        7417. Use of Hazardous Substance Cleanup Act funding.
Status: in_force

The Department may use funding from the Hazardous Substance Cleanup Fund (§ 9113 of this title) to support the implementation of this chapter, including but not limited to preventing releases from underground storage tanks, removing or properly closing in place underground storage tanks that are suspected of leaking or that have been out of service for longer than 12 months, providing financial assistance to remove underground storage tanks containing heating fuel, detecting releases as early as possible, investigating the nature and extent of a release, and performing necessary corrective actions to minimize degradation of groundwater and protect human health and the environment.
7 Del. C. § 4325 — Delaware Code / Title 7 / Chapter 43 / Subchapter III / Section 4325
§ Â
        4325. Contents of report; filing.
Status: in_force

After holding the hearing and supervising the referendum provided for in § 4324 of this title, the board of lagoon management commissioners shall file the original and 2 copies of its final report in the office of the prothonotary of the county in which all or the major portion of the lands involved is located and shall attach to the report a certificate stating the results of the referendum and the place where and the time when it was held. The board of lagoon management commissioners shall also prepare and attach to the report a statement showing:

(1) Whether the board of lagoon management commissioners has fully discharged the duties assigned to it as prescribed by law;

(2) Whether the proposed tax lagoon is practicable and feasible and in the interest of the public health, safety and welfare;

(3) Whether in laying out the tax lagoon, the lands of every landowner assessed are directly or indirectly affected by some part of the proposed tax lagoon;

(4) Any objections made to the report of the board of lagoon management commissioners which did not warrant further changes in the report and the reasons therefor;

(5) Whether, in the opinion of the board of lagoon management commissioners, the benefits that will result from the construction of the proposed tax lagoon will exceed the total cost; and

(6) Any other recommendations or information which the board of lagoon management commissioners deems pertinent.
7 Del. C. § 6009 — Delaware Code / Title 7 / Chapter 60 / Subchapter II / Section 6009
§ Â
        6009. Appeal from the Boardâs decision.
Status: in_force

(a) Any person or persons, jointly or severally, or any taxpayer, or any officer, department, board or bureau of the State, aggrieved by any decision of the Board, may appeal to the Superior Court in and for the county in which the activity in question is wholly or principally located by filing a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Any such appeal shall be perfected within 30 days of the receipt of the written opinion of the Board.

(b) The Court may affirm, reverse or modify the Board’s decision. The Board’s findings of fact shall not be set aside unless the Court determines that the records contain no substantial evidence that would reasonably support the findings. If the Court finds that additional evidence should be taken, the Court may remand the case to the Board for completion of the record.

(c) No appeal shall operate to stay automatically any action of the Secretary, but upon application, and for good cause, the Board or the Court of Chancery may stay the action pending disposition of the appeal.
7 Del. C. § 6619 — Delaware Code / Title 7 / Chapter 66 / Section 6619
§ Â
        6619. Liberal construction.
Status: in_force

This chapter, being necessary for the welfare of the State and its inhabitants, shall be liberally construed in order to preserve the wetlands of the State.
7 Del. C. § 6453 — Delaware Code / Title 7 / Chapter 64 / Subchapter II / Section 6453
§ Â
        6453. Recyclable materials.
Status: in_force

(a) The Authority shall consider, as part of its source separated recycling and waste reduction program, recovery and use of the following materials:

(1) Newsprint.

(2) Computer paper.

(3) White paper.

(4) Corrugated and other cardboard.

(5) Plastics.

(6) Ferrous metals.

(7) Nonferrous metals.

(8) White goods.

(9) Organic yard waste.

(10) Used motor oil.

(11) Asphalt.

(12) Batteries.

(13) Household paint, solvent, pesticide and insecticide containers.

(b) The Authority may adopt regulations describing recyclable materials and adding other materials to the list of recyclable materials.
7 Del. C. § 6419 — Delaware Code / Title 7 / Chapter 64 / Subchapter I / Section 6419
§ Â
        6419. Remedies of bondholders.
Status: in_force

(a) In the event that the Authority shall default in the payment of principal of or interest on any issue of bonds after the same shall become due, whether at maturity or upon call for redemption, and such default shall continue for a period of 30 days, or in the event that the Authority shall fail or refuse to comply with this chapter, or shall default in any agreement made with the holders of any issue of bonds, the trustee appointed by the Authority or if none has been appointed, the trustee who may be appointed by the holders of 25 percent in aggregate principal amount of the bonds of such issue then outstanding by instrument or instruments filed in the office of the Recorder of Deeds of the county in which the project is located and proved or acknowledged in the same manner as a deed to be recorded, shall represent the holders of such bonds for the purposes herein provided.

(b) Such trustee may, and upon written request of the holders of 25 percent in principal amount of such bonds then outstanding shall, in the trustee’s name:

(1) By mandamus or other suit, action or proceeding at law or in equity enforce all rights of the bondholders, including the right to require the Authority to collect revenues, rates, rentals, fees and other charges adequate to carry out any agreement as to, or pledge of such revenues, rates, rentals, fees and other charges and to require the Authority to carry out any other agreements with the holders of such bonds and to perform its duties under this title;

(2) Bring suit upon such bonds;

(3) By action or suit in equity, require the Authority to account as if it were the trustee of an express trust for the holders of such bonds;

(4) By action or suit in equity, enjoin any acts or things which may be unlawful or in violation of the rights of the holders of such bonds;

(5) Declare all such bonds due and payable, and if all defaults shall be made good, then with the consent of the holders of 25 percent of the principal amount of such bonds then outstanding, to annul such declaration and its consequences.

(c) Any suit, action or proceeding by the trustee on behalf of bondholders shall be heard or maintained in a court of competent jurisdiction.

(d) Before declaring the principal of all such bonds due and payable the trustee shall first give 30 days’ notice in writing to the Authority.

(e) Any such trustee, whether or not the issue of bonds represented by such trustee has been declared due and payable, shall be entitled as of right to the appointment of a receiver of any part or parts of the properties the revenues of which are pledged for the security of the bonds of such issue and such receiver may enter and take possession of such part or parts of the properties and subject to any pledge or agreement with bondholders shall take possession of all moneys and other property derived from such part or parts of the properties and proceed with any construction thereon or the acquisition of any property, real or personal, in connection therewith which the Authority is under obligation to do, and to operate, maintain and reconstruct such part or parts of the properties and collect and receive all revenues thereafter arising therefrom subject to any pledge thereof or agreement with bondholders relating thereto and perform the public duties and carry out the agreements and obligations of the Authority under the direction of the court. In any suit, action or proceeding by the trustee the fees, counsel fees and expenses of the trustee and of the receiver, if any, shall constitute taxable disbursements and all costs and disbursements allowed by the court shall be a first charge on any revenues derived from the properties.

(f) Such trustees shall in addition to the foregoing have and possess all of the powers necessary or appropriate for the exercise of any functions specifically set forth herein or incident to the general representation of bondholders in the enforcement and protection of their rights.
7 Del. C. § 6037B — Delaware Code / Title 7 / Chapter 60 / Subchapter II / Section 6037B
§ Â
        6037B. Recreational water.
Status: in_force

(a) The Secretary shall provide for the sanitary control of natural swimming and bathing places.

(b) The Secretary shall consult with the Director of the Division of Public Health prior to making any recommendations on swimming or bathing conditions that pose a significant risk to the public health.
7 Del. C. § 9114 — Delaware Code / Title 7 / Chapter 91 / Subchapter I / Section 9114
§ Â
        9114. Tax assessment.
Status: in_force

(a) (1) With regard to gross receipts received after December 31, 1990, and before July 1, 1993, there shall be added to the tax provided in §§ 2902(c)(3) and 2905(b)(1) of Title 30 an additional tax of .6% on all taxable gross receipts determined under §§ 2902 and 2905 of Title 30 derived from the sale of petroleum or petroleum products.

(2) With regard to gross receipts received after June 30, 1993, and before January 1, 2019, the rate of additional tax under this subsection shall be increased to 0.9%.

(3) With regard to gross receipts received after December 31, 2018, and before January 1, 2029, the rate of additional tax under this subsection is subject to annual adjustment based upon the total of moneys deposited into the Hazardous Substance Cleanup Fund (Fund’') during the lookback period, as that term is defined in § 2122 of Title 30. The Division of Finance shall calculate the annual adjustment under this paragraph (a)(3) in conjunction with the determination of gross receipts tax filing frequencies.

(4) For taxable periods beginning after December 31, 2018, the rate of tax imposed under this section is determined by multiplying .9% by a fraction, the numerator of which is $15,000,000 and the denominator of which is the total of moneys deposited into the Fund during the lookback period, as that term is defined in § 2122 of Title 30, but the tax rate calculated under this section may not be less than 0.675% or greater than 1.675%.

(5) The Department of Finance shall publish the annual adjustments made under this section and engage in public outreach to notify businesses, employers, payroll processors, tax professionals, and the general public of the adjustments, subject to the deadline provide under § 515(d) of Title 30.

(6) For purposes of the additional tax imposed by this section, gross receipts, as defined in Chapter 29 of Title 30, that are received after June 30, 2007, shall not include gross receipts from a sale of petroleum or petroleum products by a wholesaler, as defined in Chapter 29 of Title 30, if all of the following apply:

a. The petroleum or petroleum products were sold to the wholesaler by a person who is licensed under Chapter 29 of Title 30.

b. The gross receipts from the sale described in paragraph (a)(6)a. of this section were gross receipts defined in Chapter 29 of Title 30 with respect to the seller.

(7) For purposes of this section and Chapter 29 of Title 30, exclusions from the gross receipts tax shall first be computed by including in said exclusions, to the extent possible, receipts deriving from sales not subject to the tax provided in this section.

(b) The surcharge provided by this section shall be remitted to the Division of Revenue on forms issued by the Director of Revenue and subject to such regulations and requirements as shall be prescribed by the Director of Revenue. The Director of Revenue shall deposit the additional tax provided in this section to the credit of the special fund described in § 9113 of this title.

(c) Each wholesaler or importer may list, as a separate line item on an invoice, the amount of the fees due under this section.

(d) Notwithstanding the provisions of subsection (a) of this section, with regard to gross receipts received after June 30, 1991, for purposes only of this section but not for other taxes applied against gross receipts on petroleum products in Chapter 29 of Title 30, the term “petroleum or petroleum products” shall not include crude oil.
7 Del. C. § 6311 — Delaware Code / Title 7 / Chapter 63 / Subchapter II / Section 6311
§ Â
        6311. Service of process on owners or operators who are nonresidents or corporations not incorporated in Delaware.
Status: in_force

(a) Any nonresident person who, either in person or through others, owns or operates a facility or conducts an activity subject to this chapter or any nonresident who, either in person or through others, owns or operates a facility or conducts an activity outside the State, which while located outside the State causes or contributes to the discharge or disposal of hazardous wastes or substances into or upon the lands, air, surface water or groundwaters of the State shall be deemed thereby to have submitted himself or herself to the jurisdiction of the courts of this State and to have appointed and constituted the Secretary of State of this State or the Secretary’s designee as the Secretary’s agent for the acceptance of legal process in any action under this chapter. The force, validity and effect of service of process under this subsection as well as the procedure for effectuating said service shall be governed in all respects by § 3104 of Title 10.

(b) Any corporation, not incorporated in this State, which itself or through others owns or operates a facility or conducts an activity subject to this chapter or any such corporation which itself or through others owns or operates a facility or conducts an activity outside the State, which while located outside the State causes or contributes to the discharge or disposal of hazardous wastes or substances into or upon the lands, air, surface water or groundwater of the State, shall be deemed thereby to have sufficient contacts with this State to have submitted itself to the jurisdiction of the courts of this State. The force, validity and effect of service of process under this subsection as well as the procedure for effectuating said service shall be governed in all respects by § 3111 of Title 10.
7 Del. C. § 7403 — Delaware Code / Title 7 / Chapter 74 / Subchapter I / Section 7403
§ Â
        7403. Referenced standards.
Status: in_force

The Department shall use the recommendations and standard procedures of the following organizations in developing the regulations required by this chapter:

(1) National Fire Protection Association (N.F.P.A.);

(2) American Petroleum Institute (A.P.I.);

(3) National Association of Corrosion Engineers (N.A.C.E.);

(4) Underwriters Laboratories (U.L.); and

(5) American Society for Testing and Materials (A.S.T.M.).

Underground storage tanks installed after the enactment of this chapter shall be in accordance with the appropriate standards cited herein and the regulations promulgated by the Department.
7 Del. C. § 7404A — Delaware Code / Title 7 / Chapter 74A / Section 7404A
§ Â
        7404A. Exemptions.
Status: in_force

(a) The following classes of aboveground storage tanks are exempt from this chapter, with the exception of the application of §§ 7402A, 7406A, and 7410A of this title:

(1) Aboveground storage tanks of 1,100 gallons or less in capacity located on a farm and used solely to facilitate the production of crops, livestock or livestock products on the farm;

(2) Aboveground storage tanks used solely to store propane gas;

(3) Aboveground storage tanks of 1,100 gallons or less in capacity used solely to store heating fuel for consumptive use on the premises where stored;

(4) Aboveground storage tanks of 1,100 gallons or less in capacity used solely to store motor fuel or motor oil for noncommercial purposes;

(5) Aboveground storage tanks installed on a temporary basis, not to exceed 6 months;

(6) Aboveground storage tanks excluded by regulations promulgated pursuant to this chapter;

(7) Aboveground storage tanks regulated pursuant to Chapter 74B of this title; and

(8) Aboveground storage tanks and associated equipment regulated as a part of a process regulated pursuant to Chapter 77 of this title.

(b) All aboveground storage tanks greater than 250 gallons and less than 12,499 gallons are exempt from this chapter, with the exception of §§ 7402A, 7405A, 7406A, 7410A and 7415A of this title.

(c) All aboveground storage tanks used solely to store diesel, kerosene or heating fuel with a capacity of less than 20,000 gallons are exempt from this chapter, with the exception of §§ 7402A, 7405A, 7406A, and 7410A of this title.

(d) All aboveground storage tanks used solely to store diesel, kerosene or heating fuel with a capacity of greater than 19,999 gallons and less than 40,000 gallons are exempt from this chapter, with the exception of §§ 7402A, 7405A, 7406A, 7410A and 7415A of this title.
7 Del. C. § 714 — Delaware Code / Title 7 / Chapter 7 / Subchapter I / Section 714
§ Â
        714. Trespassing; penalty.
Status: in_force

Whoever enters upon the lands or waters of another within this State, without first obtaining permission to do so from the owner or lessee, for the purpose of hunting, trapping or fishing, shall be guilty of a class C environmental violation.
7 Del. C. § 7002 — Delaware Code / Title 7 / Chapter 70 / Section 7002
§ Â
        7002. Definitions.
Status: in_force

(a) “Board” shall mean the Coastal Zone Industrial Control Board.

(b) “Bulk product transfer facility” means any port or dock facility, whether an artificial island or attached to shore by any means, for the transfer of bulk quantities of any substance from vessel to onshore facility or vice versa. Not included in this definition is a docking facility or pier for a single industrial or manufacturing facility for which a permit is granted or which is a nonconforming use. Likewise, docking facilities for the Port of Wilmington are not included in this definition.

(c) “Environmental impact statement” means a detailed description as prescribed by the Department of Natural Resources and Environmental Control of the effect of the proposed use on the immediate and surrounding environment and natural resources such as water quality, fisheries, wildlife and the aesthetics of the region.

(d) “Heavy industry use” means a use characteristically involving more than 20 acres, and characteristically employing some but not necessarily all of such equipment such as, but not limited to, smokestacks, tanks, distillation or reaction columns, chemical processing equipment, scrubbing towers, pickling equipment and waste-treatment lagoons; which industry, although conceivably operable without polluting the environment, has the potential to pollute when equipment malfunctions or human error occurs. Examples of heavy industry are oil refineries, basic steel manufacturing plants, basic cellulosic pulp-paper mills, and chemical plants such as petrochemical complexes. An incinerator structure or facility which, including the incinerator, contains 5,000 square feet or more, whether public or private, is “heavy industry” for purpose of this chapter. Generic examples of uses not included in the definition of “heavy industry” are such uses as garment factories, automobile assembly plants and jewelry and leather goods manufacturing establishments, and on-shore facilities, less than 20 acres in size, consisting of warehouses, equipment repair and maintenance structures, open storage areas, office and communications buildings, helipads, parking space and other service or supply structures required for the transfer of materials and workers in support of off-shore research, exploration and development operations; provided, however, that on-shore facilities shall not include tank farms or storage tanks.

(e) “Heavy industry use site” means those 14 sites depicted in Appendix B of the Regulations Governing Delaware’s Coastal Zone, § 101, Title 7 of the Delaware Administrative Code in effect on August 2, 2017, including those sites which have been abandoned in fact or have been the subject of an abandonment proceeding.

(f) “Manufacturing” means the mechanical or chemical transformation of organic or inorganic substances into new products, characteristically using power-driven machines and materials handling equipment, and including establishments engaged in assembling component parts of manufactured products, provided the new product is not a structure or other fixed improvement.

(g) “Nonconforming use” means a use, whether of land or of a structure, which does not comply with the applicable use provisions in this chapter where such use was lawfully in existence and in active use prior to June 28, 1971.

(h) “Person” shall include, but not be limited to, any individual, group of individuals, contractor, supplier, installer, user, owner, partnership, firm, company, corporation, association, joint-stock company, trust, estate, political subdivision, administrative agency, public or quasi-public corporation or body, or any other legal entity, or its legal representative, agent or assignee.

(i) “The coastal zone” is defined as all that area of the State, whether land, water or subaqueous land between the territorial limits of Delaware in the Delaware River, Delaware Bay and Atlantic Ocean, and a line formed by certain Delaware highways and roads as follows:

Beginning at the Delaware-Pennsylvania line at a place where said line intersects U.S. Route 13; thence southward along the said U.S. Route 13 until it intersects the right-of-way of U.S. Route I-495; thence along said I-495 right-of-way until the said I-495 right-of-way intersects Delaware Route 9 south of Wilmington; thence along said Delaware Route 9 to the point of its intersection with Delaware Route 273; thence along said Delaware Route 273 to U.S. 13; thence along U.S. 13 to Maintenance Road 409; thence along Maintenance Road 409 to Delaware Road 71; thence along Delaware Road 71 to its intersection with Delaware Road 54; thence along Delaware Road 54 to Delaware Road 896; thence along Delaware Road 896 to Maintenance Road 396; thence along Maintenance Road 396 to Maintenance Road 398; thence along Maintenance Road 398 to the Maryland state line; thence southward along the Maryland state line to Maintenance Road 433; thence along Maintenance Road 433 to Maintenance Road 63; thence along Maintenance Road 63 to Maintenance Road 412; thence along Maintenance Road 412 to U.S. 13; thence along U.S. 13 to Delaware 299 at Odessa; thence along Delaware Route 299 to its intersection with Delaware Route 9; thence along Delaware Route 9 to U.S. 113; thence along U.S. Route 113 to Maintenance Road 8A; thence along Maintenance Road 8A to Maintenance Road 7 to the point of its intersection with Delaware Route 14; thence along Delaware Route 14 to Delaware Route 24; thence along Delaware Route 24 to Maintenance Road 331; thence along Maintenance Road 331 to Maintenance Road 334; thence along Maintenance Road 334 to Delaware Route 26; thence along Delaware Route 26 to Maintenance Road 365; thence along Maintenance Road 365 to Maintenance Road 84; thence along Maintenance Road 84 to Maintenance Road 384; thence along Maintenance Road 384 to Maintenance Road 382A; thence along Maintenance Road 382A to Maintenance Road 389; thence along Maintenance Road 389 to Maintenance Road 58; thence along Maintenance Road 58 to Maintenance Road 395; thence along Maintenance Road 395 to the Maryland state line.
7 Del. C. § 6451 — Delaware Code / Title 7 / Chapter 64 / Subchapter II / Section 6451
§ Â
        6451. Definitions.
Status: in_force

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

(1) “Organic yard waste” means plant material resulting from lawn maintenance and other horticultural gardening and landscaping activities and includes grass, leaves, prunings, brush, shrubs, garden material, Christmas trees and tree limbs up to 4 inches in diameter.

(2) “Recyclable material” means any material or group of materials that can be collected and sold or used for beneficial purposes or separated from the waste stream and disposed separately in an authorized manner to reduce environmental impacts.

(3) “Recycling” means the process by which solid waste and other discarded materials are transformed into usable materials or disposed separately in an authorized manner to reduce adverse environmental impacts.

(4) “Recycling center” means any solid waste management facility designed and operated by or on behalf of the Authority for the purpose of receiving recyclable materials. The construction and operation of recycling centers shall not require any municipal or state agency approval and no permit or license fee or any other form of assessment shall be made with respect to the construction and operation of recycling centers.

(5) “Source separation” or “source separated” means the process by which recyclable materials are segregated and kept apart from the waste stream by the generator thereof for the purpose of collection, disposition, recycling or resources recovery.

(6) “Waste reduction” means the efforts exercised by generators of useless discarded materials to avoid or minimize usage of such materials.
7 Del. C. § 1306 — Delaware Code / Title 7 / Chapter 13 / Section 1306
§ Â
        1306. Failure of officer or Fish and Wildlife Agent to do duty; penalty.
Status: in_force

Whoever, being an official, officer or Fish and Wildlife Agent, fails to perform any act, duty or obligation enjoined upon the person by this part, shall be guilty of a class D environmental violation.
7 Del. C. § 6211 — Delaware Code / Title 7 / Chapter 62 / Section 6211
§ Â
        6211. Claims settlement.
Status: in_force

(a) Except as provided in subsection (b) of this section, all claims shall be presented to the owner, operator or guarantor.

(b) In the case of a claim presented in accordance with subsection (a) of this section, and in which:

(1) The person to whom the claim is presented denies all liability for the claim, for any reason; or

(2) The claim is not settled by any person by payment to the claimant within 60 days of the date upon which the claim was presented, or advertising was commenced pursuant to § 6210(b)(2) of this title, whichever is later,

the claimant may elect to commence an action in Superior Court against the owner, operator or guarantor.

(c) (1) In any action brought against an owner, operator or guarantor, both the plaintiff and defendant shall serve a copy of the complaint and all subsequent pleadings therein upon the Attorney General and Secretary at the same time those pleadings are served upon the opposing parties.

(2) The Attorney General may intervene in the action as a matter of right.

(3) In any action to which the Secretary is a party, if the owner, operator or guarantor admits liability under this chapter, the Secretary upon his or her motion shall be dismissed therefrom.

(d) No claim may be presented, nor may an action be commenced for damages recoverable under this chapter, unless that claim is presented to, or that action is commenced against, the owner, operator or guarantor, as to their respective liabilities, within 3 years from the date of discovery of the economic loss for which a claim may be asserted under § 6207(a) of this title or within 6 years of the date of the incident which resulted in that loss, whichever is earlier.
7 Del. C. § 7707 — Delaware Code / Title 7 / Chapter 77 / Section 7707
§ Â
        7707. Extremely hazardous substance list (EHSL).
Status: in_force

(a) The Department shall develop and adopt regulations for the identification of extremely hazardous substances. An EHSL shall be developed based on at least 1 of the following criteria:

(1) Extremely toxic substances. — Substances are regulated because of their extreme toxicity, ability to disperse and quantity. Each substance shall be assigned a Substance Hazard Index (SHI) number to rank the risk associated with the substance. Substances with an SHI greater than or equal to 8,000 shall be regulated.

The SHI is derived as follows:

SHI = EVC/ATC

Where:

ATC is the acute toxicity concentration in parts per million defined as the lowest reported concentration, based on recognized scientific protocols, that will cause death or permanent disability to humans from an exposure duration of 1 hour. Extrapolations from various sources of data are permitted using scientifically recognized methods. If toxicity data based on recognized scientific protocols are unavailable, the EHS ATC is set at 10.0 parts per million.

Where:

EVC is the equilibrium vapor concentration at 20°C. defined as the substance vapor pressure at 20°C. in millimeters of mercury multiplied by 1,000,000 divided by 760. For powders, solids or aerosols, the substance vapor pressure is replaced by the maximum substance concentration that can be conveyed in air after a settling distance of 100 meters from the point of emission.

(2) Explosive substances. — Substances are regulated because of their extreme reactivity, instability or explosiveness and creation of associated pressure waves, either inside of confined spaces or in the open atmosphere.

(3) Flammable and combustible substances. — Substances are regulated because of their ability to ignite and burn rapidly, thus creating the possibility of high thermal exposure. Industry standards such as National Fire Protection Association, NFPA 30 may be used as a basis for defining compliance with the terms and conditions of this chapter.

(4) In developing the EHSL to undertake and maintain the delegation of EPA’s authority, the Department shall, by regulation, consider each of the following criterion:

a. The severity of any acute adverse health effects associated with accidental releases of the substance;

b. The likelihood of accidental releases of the substance; and

c. The potential magnitude of human exposure to the accidental releases of the substance.

(b) The Department shall develop and adopt regulations which determine the TQ of each EHS. In developing the TQ for each regulated substance, the Department shall consider the following:

(1) For extremely toxic substances. — The Department shall identify the TQ of EHS that require registration and regulation. For a given EHS, the threshold quantity shall be calculated based on commonly recognized atmospheric modeling procedures and mortality/exposure probabilities calculated for an average individual.

(2) For extremely explosive substances. — The threshold quantity shall be calculated based on commonly recognized procedures to predict the potential impact of a given substance.

(3) For extremely flammable substances. — The threshold quantity shall be calculated based on commonly recognized procedures to predict the burning characteristics, fire size, thermal radiation generation and dissipation with distance and the consequences of a fire. Industry standards such as National Fire Protection Association “Flammable and Combustible Liquids Code” NFPA 30 may be used as a basis for defining compliance with the terms and conditions of this chapter.

(4) In developing the threshold quantities for the EHSL to undertake and maintain the delegation of EPA’s authority, the Department shall, by regulation, take into account the toxicity, reactivity, volatility, ability to disperse, combustibility or flammability of the substance and the amount of the substance which, as a result of an accidental release, is known to cause or may reasonably be anticipated to cause death, injury or serious adverse effects to human health for which the substance was listed.

(c) The Department shall have the power to amend, by regulation, the identification of EHS and the EHSL on the basis of information or scientific data that may become available to the Department.

(d) When the actual quantity of an EHS is greater than or equal to the TQ established by the Department, a responsible person or persons must:

(1) Submit the information required pursuant to § 7708 of this title.

(2) Implement a risk management program pursuant to § 7709 of this title.

(3) Pay the annual fee pursuant to § 7713 of this title.

When the actual quantity of an EHS is less than the TQ or when any other hazardous substance is present at a facility, then responsible person(s) must comply with the general duty statement pursuant to § 7704(a) of this title.
7 Del. C. § 1706 — Delaware Code / Title 7 / Chapter 17 / Section 1706
§ Â
        1706. Injuring or destroying fence, wire or poster; penalty.
Status: in_force

No person shall wilfully, negligently or maliciously cut, remove, cover up, deface or otherwise mutilate, injure or destroy any special dog training area boundary fence, wire or poster placed in accordance with this subchapter.

Whoever violates this section is guilty of a violation and shall be fined $10 for each offense, together with costs of prosecution.
7 Del. C. § 203 — Delaware Code / Title 7 / Chapter 2 / Section 203
§ Â
        203. Procedure for contribution; disposition thereof.
Status: repealed

Repealed by 73 Del. Laws, c. 179, § 2, effective July 12, 2001.
7 Del. C. § 10005 — Delaware Code / Title 7 / Chapter 100 / Section 10005
§ Â
        10005. Technical climate advisors.
Status: in_force

(a) Technical climate advisors shall serve in an advisory capacity to the Department. The number and persons who shall serve as technical climate advisors shall be determined by the Secretary and may, at the discretion of the Secretary, include Department staff, external experts, and members of the public.

(b) The technical climate advisors responsibilities shall include:

(1) Evaluating and updating the State’s sea-level-rise scenarios. The technical climate advisors shall issue updated sea-level-rise scenarios by November 15, 2024, and shall evaluate and update those scenarios not less than every 5 years thereafter.

(2) Evaluating, preparing and updating temperature scenarios for the State. The technical climate advisors shall issue initial temperature scenarios by November 15, 2024, and shall evaluate and update those scenarios not less than every 5 years thereafter.

(3) Evaluating, preparing and updating precipitation scenarios for the State. The Scientific Committee shall issue initial precipitation scenarios by November 15, 2024, and shall evaluate and update those scenarios not less than every 5 years thereafter.
7 Del. C. § 4210 — Delaware Code / Title 7 / Chapter 42 / Section 4210
§ Â
        4210. Notice of completion; certification of final approval.
Status: in_force

(a) Within 7 days of completion of construction, reconstruction, enlargement, repair, alteration or removal of any dam to which this chapter applies, notice of completion shall be given to the Department. Within 60 days thereafter supplementary drawings or descriptive matter showing or describing the dam as actually constructed in compliance with the approval and the approved plans and specifications shall be filed with the Department in such detail as the Department may require.

(b) Upon completion of the project, the supervising engineers, having inspected the work during construction and upon finding that the work has been done as required and that the dam is safe, shall file with the Department a certificate and as-built plans demonstrating that the work has been completed in accordance with the approved design plans, specifications, and other requirements. After review of the supervising engineer’s certificate and as-built plans, unless the Department has reason to believe that the dam is unsafe or is not in compliance with any applicable rule or law, the Department shall grant final approval of the work in accordance with the certificate, subject to such terms as it deems necessary for the protection of life and property.

(c) Pending issuance of the Department’s final approval, the dam shall not be filled except on written consent of the Department, subject to conditions it may impose.
7 Del. C. § 9110 — Delaware Code / Title 7 / Chapter 91 / Subchapter I / Section 9110
§ Â
        9110. Public hearings â Violations.
Status: in_force

(a) Any hearing involving allegations of violations of this chapter held by the Secretary shall be conducted as follows:

(1) For any hearing on an alleged violation, notification shall be served upon the alleged violator as summonses are served or by registered or certified mail not less than 20 days before the time of said hearing. Not less than 20 days notice of the hearing shall also be published in a newspaper of general circulation in the county in which the activity is proposed or the alleged violation has occurred and in a daily newspaper of general circulation throughout the State.

(2) The alleged violator may appear personally or by counsel at the hearing and produce any competent evidence in his or her behalf. The Secretary or the Environmental Appeals Board or its duly authorized designee may administer oaths, examine witnesses and issue, in the name of the Department or the Environmental Appeals Board, notices of hearings or subpoenae requiring the testimony of witnesses and production of books, records or other documents relevant to any matter involved in such hearing; and subpoenae shall also be issued at the request of the alleged violator. In case of contumacy or refusal to obey a notice of hearing or subpoena under this section, the Superior Court in the county in which the hearing is held shall have jurisdiction upon application of the Secretary or the Chairperson of the Environmental Appeals Board to issue an order requiring such person to appear and testify or produce evidence as the case may require.

(3) A record from which a verbatim transcript can be prepared shall be made of all hearings and shall, along with the exhibits and other documents introduced by the Secretary or other party, constitute the record. The expense of preparing any transcript shall be borne by the person requesting it. The Secretary or the Environmental Appeals Board or its duly authorized designee shall make findings of fact based on the record. The Secretary or the Environmental Appeals Board shall then enter an order that will best further the purpose of this chapter, and the order shall include reasons. The Secretary shall promptly give written notice to the persons affected by such order.

(4) The Secretary may collect, from a violator finally adjudged liable, the necessary expenses of the Department for conducting the hearing. Any moneys collected under this section shall be deposited in the Fund pursuant to § 9113 of this title.

(b) (1) Any person or persons, aggrieved by any decision of the Secretary rendered pursuant to this chapter, may appeal the decision to the Environmental Appeals Board in accordance with § 6008 of this title.

(2) Any person who is substantially affected by a decision of the Environmental Appeals Board may appeal to the Superior Court in accordance with § 6009 of this title.

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

(c) The decisions of the Secretary issued pursuant to the provisions of this section are reviewable only as provided in subsection (b) of this section.
7 Del. C. § 7008 — Delaware Code / Title 7 / Chapter 70 / Section 7008
§ Â
        7008. Appeals to Superior Court.
Status: in_force

Any person aggrieved by a final order of the State Coastal Zone Industrial Control Board under § 7007 of this title may appeal the Board’s decision to Superior Court in and for the county of the location of the land in question. Likewise, the Secretary of the Department of Natural Resources and Environmental Control may appeal from any modification by the Board of his or her ruling. The appeal shall be commenced by filing notice thereof with Superior Court not more than 20 days following announcement of the Board’s decision. The Court may affirm the Board’s order in its entirety, modify same or reverse said order. In either case, the appeal shall be based on the record of proceedings before the Board, the only issue being whether the Board abused its discretion in applying standards set forth by this chapter and regulations issued pursuant thereto to the facts of the particular case. The Superior Court may by rule prescribe procedure by which it will receive, hear and make disposition of appeals under this chapter. Provided, that no appeal under this chapter shall stay any cease and desist order or injunction issued pursuant to this chapter.
7 Del. C. § 7914 — Delaware Code / Title 7 / Chapter 79 / Subchapter II / Section 7914
§ Â
        7914. Duration.
Status: in_force

(a) An environmental covenant is perpetual unless:

(1) Limited by its terms to a specific duration or the occurrence of a specific event;

(2) Terminated by consent pursuant to § 7915 of this title; [or]

(3) Terminated pursuant to subsection (b) of this section or

(4) Terminated or modified by judicial decree in an eminent domain proceeding, if:

a. The Department consents to the judicial action; and

b. All persons identified in § 7915(a) and (b) of this title are given notice of the pendency of the eminent domain proceeding.

(b) A judicial decree terminating an environmental covenant or reducing its burden on the real property subject to the covenant under the doctrine of changed circumstances may be rendered only after:

(1) All persons identified in § 7915(a) and (b) of this title are given notice of the pendency of the judicial proceeding in which the determination is sought; and

(2) The Department has filed a determination with the court that the intended benefits of the original covenant can no longer be realized.

(c) Notwithstanding anything to the contrary contained in this subchapter, an environmental covenant may be amended or terminated if the environmental covenant:

(1) No longer serves its intended purpose;

(2) No longer provides the intended benefits;

(3) No longer or does not provide for protection of human health or the environment; or

(4) Becomes unnecessary because of changed circumstances, including changes in law, regulation or ordinances.

Any person having an interest in real property subjected to an environmental covenant shall be entitled to apply to the Department for amendment or termination of the environmental covenant in accordance with the procedures set forth in § 6004 of this title. Any decision of the Secretary regarding an amendment or termination of an environmental covenant shall be subject to appeal in accordance with the procedures provided for appeals under subchapter II of Chapter 60 of this title. If an environmental covenant is amended or terminated the amended environmental covenant or notice of termination shall be recorded in accordance with requirements set forth in § 7913 of this title.

(d) Except as otherwise provided in subsections (a) and (b) of this section, an environmental covenant may not be extinguished, limited, or impaired through issuance of a tax deed, foreclosure of a tax lien, or application of the doctrine of adverse possession, prescription, abandonment, waiver, or lack of enforcement, or any similar doctrine.
7 Del. C. § 1802 — Delaware Code / Title 7 / Chapter 18 / Section 1802
§ Â
        1802. Commercial license requirements; restrictions.
Status: in_force

(a) It shall be unlawful for any person to initially sell or offer for sale 25 or more eels per day unless the person selling or offering such eels for sale has a valid commercial eel fishing license issued by the Department.

(b) It shall be unlawful for any person to fish for eels with commercial eel fishing gear in the tidal waters of this State unless the person has a valid commercial eel fishing license on board the vessel used to fish issued by the Department.

(c) It shall be unlawful to fish for eels for the purpose of initially selling such eels in nontidal waters within the State unless authorized to do so by the Department.

(d) A commercial eel fishing license shall be valid from January 1 through December 31 next ensuing.

(e) Application for a commercial eel fishing license shall be made on the forms provided by the Department.

(f) The fee for a commercial eel fishing license to take eels shall be $115 for residents and $1,150 for nonresidents.

(g) A licensee may designate a resident of such licensee’s state as an alternate on his or her license application, who shall be approved by the Department to fish for eels with the licensee’s commercial eel fishing gear in the event that said licensee is unable to fish his or her commercial eel fishing gear already in the water and capable of catching eels.

(h) It shall be unlawful for an alternate to any commercial eel fishing licensee to sell or offer for sale any eels without the written consent of the licensee and without prior notification to the Department.

(i) Any person issued a commercial eel license by the Department shall file monthly reports of their catch by area, effort and weight on forms provided by the Department. The monthly report must be filed with the Department by 4:30 p.m. of the last working day of the month following the month for which the information contained in the report reflects. Failure to abide with the filing requirement, set forth in this subsection, will result in:

(1) A warning issued by the Secretary, for the first failure to file;

(2) Suspension of the commercial eel fishing license by the Secretary for a period of up to 30 days or until such time as the report is filed, whichever occurs sooner, for the second failure to file; and

(3) Revocation of the commercial eel license by the Secretary until such time when all reporting requirements are fulfilled in a manner acceptable to the Secretary, for a third or subsequent failures to file.
7 Del. C. § 7308 — Delaware Code / Title 7 / Chapter 73 / Section 7308
§ Â
        7308. Change in status from that of dedicated nature preserve.
Status: in_force

Nature preserves dedicated under § 7306 of this title are to be held in trust, for the uses and purposes set forth for the benefit of the people of the State of present and future generations. They shall be managed and protected in the manner approved by, and subject to, the rules and regulations established by the Department. They shall not be taken for any other use except another public use after a finding by the Department of the existence of an imperative and unavoidable public necessity for such other public use and with the approval of the Governor after consultation with the Advisory Council, and by act of the General Assembly not less than 6 months from the date of the Governor’s approval. Except as may otherwise be provided by the articles of dedication, the Department may grant, upon such terms and conditions as it may determine, an estate, interest or right in, or dispose of, a nature preserve, but only after a finding by the Department of the existence of an imperative and unavoidable public necessity for such grant of disposition, and with the approval of the Governor after consultation with the Advisory Council, and by act of the General Assembly not less than 6 months from the date of the Governor’s approval.
7 Del. C. § 2108 — Delaware Code / Title 7 / Chapter 21 / Section 2108
§ Â
        2108. Importation of oysters prohibited.
Status: in_force

It shall be unlawful for a person to bring oysters from outside the State to be placed in the waters of the State without the prior written permission of the Department.
7 Del. C. § 4385 — Delaware Code / Title 7 / Chapter 43 / Subchapter VI / Section 4385
§ Â
        4385. Alteration of tax lagoons; amendments to lagoon orders.
Status: in_force

If it becomes necessary to change any part of a tax lagoon, such changes may be made in one of the following ways:

(1) The desired or required changes, justified in writing and including any necessary maps or drawings, shall be presented by the tax lagoon managers to the taxables at a regularly called tax lagoon meeting. If a majority vote of the taxables present favors the changes, and providing that such changes do not include any relocations of works of improvement, or of the dredge area, or of the maintenance right-of-way on the lands of any owner without the owner’s consent, the tax lagoon managers shall present 3 copies of their request for the changes, including the written justification and any necessary maps or drawings, and also including the results of the referendum, to the Division of Watershed Stewardship for its approval. Should that approval be given, the change shall be effective at once, and the Division of Watershed Stewardship shall file the original request with supporting papers in the office of the prothonotary of the proper county and return 1 copy to the tax lagoon. Whenever changes are made which affect the tax lagoon assessment list, the Division of Watershed Stewardship shall notify the board of assessment of the proper county of such changes.

(2) When all landowners affected consent to changes of any part of a tax lagoon, including the assessment list, they shall enter into a written agreement to make such changes and present 3 copies of such agreement, together with any necessary maps or drawings, to the Division of Watershed Stewardship for its approval. Should that approval be given, the change shall be effective at once, and the Division of Watershed Stewardship shall file the original request with supporting papers in the office of the prothonotary of the proper county and return 1 copy to the tax lagoon. Whenever changes are made which affect the tax lagoon assessment list, the Division of Watershed Stewardship shall notify the board of assessment of the proper county of such changes.

(3) Any landowner within the boundaries of a tax lagoon or the tax lagoon managers in the name of said tax lagoon may, at any time, petition for the amendments of the lagoon order that created the tax lagoon. Such petition shall list the changes that are desired and shall be presented to the Superior Court that issued the tax lagoon order through the board of supervisors of the soil conservation district of the same county. That board of supervisors shall require and handle a deposit from the petitioners in accordance with § 4314 of this title, so far as that section is applicable. As soon as the deposit is received, the board of supervisors shall file the petition in the office of the prothonotary of the proper county without further investigation. Upon the filing of a petition for amendments to a lagoon order in the office of the prothonotary of a county, the board of lagoon management commissioners of such county shall, at the direction of the resident judge thereof, go upon the lands of the tax lagoon watershed, if necessary, review the existing lagoon order, consider the changes requested, and make determinations regarding these. The board of lagoon management commissioners shall obtain from the Division of Watershed Stewardship such assistance and information as may be required. The board of lagoon management commissioners, with the assistance of the Division of Watershed Stewardship, shall prepare a special proposed report in the nature of 1 or more proposed amendments to the existing lagoon order, together with any maps or drawings deemed necessary. Upon completion of that report, they shall give notice and hold a hearing and referendum in accordance with §§ 4323 and 4324 of this title, so far as these are applicable. After holding the hearing and supervising the referendum, the board of lagoon management commissioners shall file the original and 2 copies of its report in the office of the prothonotary of the county in which all the major portion of the tax lagoon is located and shall attach to the report a certificate showing the results of the referendum and the place where and the time when it was held. The board of lagoon management commissioners shall also prepare and attach to the report a statement showing:

a. The board of lagoon management commissioners has fully discharged the duties assigned to it as prescribed by law;

b. Any objections made to the report of the board of lagoon management commissioners which did not warrant further changes in the report and the reasons therefor; and

c. Any other recommendations or information which the board of lagoon management commissioners deems advisable, including their determination as to whether the petitioners or the tax lagoon are liable for the costs of this action.

Action by the Superior Court shall follow §§ 4328, 4329, 4330, 4331, 4332 and 4333 of this title, so far as these sections are applicable.
7 Del. C. § 7120 — Delaware Code / Title 7 / Chapter 71 / Subchapter II / Section 7120
§ Â
        7120. Powers and duties of Department of Safety and Homeland Security.
Status: in_force

(a) The Department of Safety and Homeland Security, after consideration with the Secretary of the Department of Transportation and upon approval of the Secretary of the Department of Natural Resources and Environmental Control, shall have the power and its duty shall be to:

(1) Adopt regulations, after public hearing, establishing the standards, test procedures and instrumentation to be utilized in the control of noise from motor vehicles;

(2) Adopt regulations, after public hearing, necessary for the inspection of motor vehicles, including noise control and abatement equipment to assure compliance with the noise standards promulgated by the Department.

(b) For any public hearings required by this subchapter, the procedure shall conform to the procedure established in § 6006 of this title.
7 Del. C. § 6027 — Delaware Code / Title 7 / Chapter 60 / Subchapter II / Section 6027
§ Â
        6027. Change of authority.
Status: in_force

The word “Secretary” shall be substituted wherever the words “Water and Air Resources Commission” or “Commission” appear in the Delaware Code and any authority vested in the “Water and Air Resources Commission” or “Commission” is hereby delegated to the Secretary without qualification.
7 Del. C. § 2103 — Delaware Code / Title 7 / Chapter 21 / Section 2103
§ Â
        2103. Eligibility to harvest oyster for direct sale.
Status: in_force

(a) It shall be unlawful for a person to harvest oysters from the natural oyster beds for direct sale unless said person meets 1 of the following criteria:

(1) Held at least 2 specific commercial shellfish licenses on September 30, 1999;

(2) Held an oyster harvesting license to harvest oysters from natural oyster beds in Delaware prior to September 30, 1999;

(3) Held a public oyster tonger’s license to take oysters from public tonging areas in Delaware prior to September 30, 1999;

(4) Held an oyster harvesting license and was eligible to harvest oysters for direct sale pursuant to this section prior to June 30, 2011;

(5) An oyster harvesting license has been transferred to such person pursuant to § 2101(7) of this title and the prior holder of such license was eligible to harvest oysters for direct sale pursuant to this section; or

(6) An oyster harvesting license was transferred to such person pursuant to § 1920 of this title and the prior holder of such license was eligible to harvest oysters for direct sale pursuant to this section.

(b) “Direct sale” shall mean to immediately sell or attempt to sell oysters harvested from the State’s natural oyster beds to another person.

(c) It shall be unlawful for a person to harvest oysters from the natural oyster beds for subsequent use other than direct sale.
7 Del. C. § 4366 — Delaware Code / Title 7 / Chapter 43 / Subchapter V / Section 4366
§ Â
        4366. Taxes as security for loans; notation on tax warrant.
Status: in_force

A tax lagoon may secure the payment of any loan made to it by entering on the tax warrant provided for in § 4351(5) of this title a statement setting forth the fact that the taxes shown on the tax warrants have been pledged to secure the payment of a certain designated loan, and if a loan is so secured, by reciting the amount and terms of the loan and from whom it is being obtained, and by directing the receiver of taxes and county treasurer to pay any such taxes collected directly to the creditor until the loan is repaid. Such warrant may not be withdrawn and may not be altered or cancelled without the written consent of the creditor until the loan is repaid.
7 Del. C. § 6113 — Delaware Code / Title 7 / Chapter 61 / Section 6113
§ Â
        6113. Lien on production.
Status: in_force

The State shall have alien upon all production for unpaid royalties.
7 Del. C. § 2012 — Delaware Code / Title 7 / Chapter 20 / Section 2012
§ Â
        2012. Penalties.
Status: in_force

(a) Any person convicted of violating any of the provisions of this chapter or regulations promulgated pursuant thereto shall have committed a class B misdemeanor subject to a fine of from $250 to $1,000 for the first offense and $1,000 for each offense thereafter.

(b) Any person convicted of a second offense for violating any of the provisions of this chapter, or any rules or regulations adopted pursuant thereto, may have, at the discretion of the Secretary, any licenses or leases issued to the person(s), partnership or corporation revoked for a term to be determined by the Department.

(c) All revenue generated by the fines in this section shall be deposited in an appropriated special fund account that shall be used to partially offset the expenses of the Department activities pursuant to this chapter.
7 Del. C. § 9205 — Delaware Code / Title 7 / Chapter 92 / Section 9205
§ Â
        9205. Termination of operations or filing for bankruptcy at a chemical or hazardous substance establishment; procedures [Effective upon promulgation of regulations by the Secretary pursuant to Ââ9203(c) of this title].
Status: in_force

(a) Not later than the date of termination of all business or other activities at an establishment or the date of filing for liquidation under the federal Bankruptcy Code [11 U.S.C. § 101 et seq.], the owner or operator of the establishment shall file a notice with the Secretary which must include information regarding the person or persons employed by the establishment who will be responsible for providing information regarding compliance with this section.

(b) Not later than 90 days after the termination of all business or other activities at an establishment, the owner or operator of the establishment, or a trustee if the owner or operator is in bankruptcy, shall:

(1) Submit to the Secretary a list of all chemical and hazardous substances at the establishment, where they are located and how they are stored, contained, stockpiled or otherwise located. Notwithstanding the foregoing, “releases” as defined in § 9103 of this title are excluded;

(2) Submit a plan to the Secretary for the emptying, draining, removal, use, sale, recycling, or otherwise disposal of all chemicals or hazardous substances in accordance with applicable law or in accordance with any order of the Bankruptcy Court in the event of bankruptcy filing;

(3) Post warning signs with up-to-date contact information around the perimeter of any parcel where the soil is contaminated with a hazardous substance to a level that poses potential risk to human health or the environment;

(4) Submit a certification to the Secretary with regard to whether chemicals or hazardous substances identified in paragraph (b)(1) of this section have been removed from the parcel in accordance with applicable law; and

(5) Maintain personnel, utilities, security, site management and other measures necessary to stabilize and secure the site.

(c) Following receipt of the required submittals under subsection (b) of this section, the Secretary shall, within 30 days, conduct an inspection of the parcel and/or the establishment to determine compliance with this section.
7 Del. C. § 1502 — Delaware Code / Title 7 / Chapter 15 / Section 1502
§ Â
        1502. Atlantic States Marine Fisheries Commissioners; qualifications; term of office; vacancies; removal.
Status: in_force

(a) In pursuance of Article III of the Compact authorized in § 1501 of this title, there shall be 3 members (hereinafter called Commissioners) of the Atlantic State Marine Fisheries Commission (hereinafter called Commission) from the State. The first Commissioner from the State shall be the Commissioner of Conservation of the State ex officio, and the term of any such ex officio Commissioner shall terminate at the time the ex officio Commissioner ceases to hold the office of Commissioner of Conservation and the successor as Commissioner shall be the successor as Commissioner of Conservation. The second Commissioner from the State shall be a legislator designated by said Commission on Interstate Cooperation, and the term of any such ex officio Commissioner shall terminate at the time the ex officio Commissioner ceases to hold said legislative office, and the successor as Commissioner shall be named in like manner. The Governor, (by and with the advice and consent of the Senate) shall appoint a citizen as a third Commissioner who has a knowledge of and interest in the marine fisheries problem. The term of such Commissioner shall be 3 years and such Commissioner shall hold office until a successor is appointed and qualified. Vacancies occurring in the office of such Commissioner from any reason or cause shall be filled by appointment by the Governor (by and with the advice and consent of the Senate) for the unexpired term.

(b) The Commissioner of Conservation as ex officio Commissioner may delegate, from time to time, to any deputy or other subordinate in his or her department or office, the power to be present and participate, including voting as his or her representative or substitute at any meeting of or hearing by or other proceeding of the Commission.

(c) The terms of each of the initial 3 members shall begin at the date of the appointment of the appointive Commissioner, if the said Compact has then gone into effect in accordance with Article II of the Compact; otherwise they shall begin upon the date upon which the Compact becomes effective in accordance with said Article II.

(d) Any Commissioner may be removed from office by the Governor upon charges and after a hearing.
7 Del. C. § 7903 — Delaware Code / Title 7 / Chapter 79 / Subchapter I / Section 7903
§ Â
        7903. Confidential information.
Status: in_force

(a) All information provided pursuant to § 7902 of this title shall be considered public information and shall be considered part of the public record pertaining to the permit application.

(b) Notwithstanding subsection (a) of this section, information provided in response to a request from the Department for information to enable a positive and accurate identification of the person signing the application and statement, which is ordinarily understood to constitute private and sensitive personal information, including without limitation, driver’s license state and number and date of birth, shall not be made public or be deemed a public record by the Department except as may be necessary in its investigation and enforcement activities and proceedings. For other information, if the applicant can demonstrate that the information provided pursuant to § 7902 of this title is not a matter of public record at the time of the application, and that the release of such information to the public would constitute an invasion of personal privacy or would seriously affect the applicant’s business or competitive situation, the Department may designate such information as confidential information.

(c) Confidential information shall not be released to the public or made part of the public record and shall only be released to law enforcement personnel performing the background investigation, authorized representatives of the office of the Attorney General, or sworn law enforcement personnel of other jurisdictions performing similar investigations on the applicant.
7 Del. C. § 783 — Delaware Code / Title 7 / Chapter 7 / Subchapter V / Section 783
§ Â
        783. Terrapin taken or caught in Indian River or Rehoboth Bay â Use of dredges to take terrapin; penalty.
Status: in_force

Whoever uses any dredge for the purpose of catching or taking terrapin in the Indian River or Rehoboth Bay, or waters adjacent thereto, shall be guilty of a class D environmental violation for each offense.
7 Del. C. § 5411 — Delaware Code / Title 7 / Chapter 54 / Section 5411
§ Â
        5411. Rules, regulations, standards, and guidelines.
Status: in_force

The Division of Historical and Cultural Affairs may, with the approval of the Department of State, formulate and adopt such rules, regulations, standards, and guidelines as it considers necessary for the effective execution of its purposes under this chapter.
7 Del. C. § 2014 — Delaware Code / Title 7 / Chapter 20 / Section 2014
§ Â
        2014. Expiration of licenses and permits.
Status: in_force

All shellfish harvester licenses for a given year shall expire on December 31 each year.
7 Del. C. § 6310 — Delaware Code / Title 7 / Chapter 63 / Subchapter II / Section 6310
§ Â
        6310. Inspections; right of entry.
Status: in_force

(a) For the purpose of developing or enforcing any regulation, permit or other requirement authorized by this chapter, any duly authorized employee of the Department may, upon presentation of appropriate credentials at any reasonable time:

(1) Enter any place or conveyance where hazardous wastes are generated, stored, transported, treated or disposed of;

(2) Inspect and obtain samples from any person of any such wastes and samples of any containers or labeling for such wastes, and prior to leaving the premises, give to the owner, operator or agent in charge a receipt describing the sample obtained, and if requested, a portion of each such sample equal in volume or weight to the portion retained. If any analysis is made of such samples, a copy of the results of such analysis shall be furnished promptly to the owner, operator or agent in charge;

(3) Inspect and copy any records, reports, information or test results relating to the purposes of this chapter.

(b) Upon any refusal of entry, inspection, sampling or copying pursuant to this section, a duly authorized employee of the Department may apply for and obtain a warrant to allow such entry, inspection, sampling or copying in the manner established by the rules and law of criminal procedure.

(c) No duly authorized employee of the Department who enters upon premises, vehicles or equipment for purposes set forth in subsection (a) of this section shall have a cause of action against the owner, operator or occupier thereof for any injuries or damages sustained by such person while on the premises, vehicles or equipment unless such injuries or damages were intentional on the part of the owner, operator or occupier or were caused by the willful or wanton disregard of the rights of others.
7 Del. C. § 1907 — Delaware Code / Title 7 / Chapter 19 / Section 1907
§ Â
        1907. Fees for lease.
Status: in_force

(a) Except in the case of shellfish aquaculture in Delaware’s Inland Bays, the Department shall charge $0.90 per acre annually for shellfish grounds leased pursuant to this chapter to a resident of the State.

(b) Except in the case of shellfish aquaculture in Delaware’s Inland Bays, the Department shall charge $11.50 per acre annually for new shellfish grounds leased pursuant to this chapter to nonresidents.

(c) Except in the case of shellfish aquaculture in Delaware’s Inland Bays, the Department shall charge $1.75 per acre annually for shellfish grounds to nonresidents who hold valid leases at the time of adoption of this chapter.

(d) Except in the case of shellfish aquaculture in Delaware’s Inland Bays, in addition to the above application fee for a shellfish ground lease, there will be an additional charge of $17.25 per corner within 60 days of the approval and acceptance of a lease. The Department will inspect all corners for said leased grounds and where necessary will assist in the relocation of buoys to their correct location. All corners will be located in accordance with the lease as filed with the Department.
7 Del. C. § 512 — Delaware Code / Title 7 / Chapter 5 / Subchapter I / Section 512
§ Â
        512. Refusal to sell and revocation of license; grounds; notice.
Status: in_force

(a) The Department may, except as otherwise provided, revoke any hunting, fishing or trapping license, or any license issued by it, and deny any person the right to secure such license or to hunt, fish or trap anywhere in this State for a period within its discretion, but in no case longer than 1 year, if:

(1) The licensee or person has been convicted of violating any game or fish law; or

(2) The licensee or person has been convicted in any court of record of having defaced, mutilated, destroyed or carried away notices posted by a freeholder, leaseholder or the Department, or personal property or crops of any kind on lands or waters in which such licensee or person may have been hunting, trapping or fishing; or

(3) The licensee or person has been convicted of an offense involving carelessness in the use of firearms or projectile weapons while hunting and thereby caused injury to any person or to poultry or livestock; or

(4) The licensee or person has been convicted of an offense involving the unlawful setting of forest, marsh or grass fires; or

(5) It is established to the satisfaction of the Department that the licensee, while hunting with firearms or projectile weapons, has been in an intoxicated condition.

(b) To revoke a license then in force or to deny any person the right to secure a license or to hunt, trap or fish in this State for any period, the Department shall send a written notice to that effect to the person at that person’s address either by registered mail or by delivery personally by a representative of the Department. The Department shall furnish in writing to all persons authorized to issue licenses, the names and addresses of all persons whose licenses have been revoked and the terms for which such licensees or persons have been denied the right to secure licenses or to hunt, trap or fish in this State, together with any other data the Department deems necessary.

(c) The Department may revoke any hunting or trapping license or any similar licenses issued by it or deny any person the right to secure such license or to hunt or trap anywhere in this State for a period within its discretion of not less than 3 years nor more than 5 years if the licensee has been convicted of illegally possessing, tending or setting or attempting to set or tend a killer, body-gripping trap.

(d) The provisions of § 516(g) and § 2216 of Title 13 shall supersede any provisions of this chapter to the contrary with respect to any matter involving any applicant or licensee under § 516(g) or § 2216 of Title 13. Any provisions hereof to the contrary notwithstanding, upon receipt of notification from the Family Court pursuant to § 516(g) of Title 13 or notice from the Director of the Division of Child Support Services pursuant to § 2216 of Title 13 regarding an applicant or licensee, the Department shall:

(1) Forthwith deny the issuance or renewal of any license under this chapter, or suspend the same, and

(2) Furnish in writing the name and address of such applicant or licensee to all persons authorized to issue licenses under this chapter.
7 Del. C. § 4138 — Delaware Code / Title 7 / Chapter 41 / Subchapter III / Section 4138
§ Â
        4138. Right to jury trial; procedure.
Status: in_force

When objections to the report of the board of ditch commissioners are filed in writing with the Superior Court and when the party filing feels aggrieved by the report of the board of ditch commissioners, such party may apply to the Superior Court, within 30 days after the issuance of the ditch order, for an order in the nature of a writ of inquiry to ascertain by the verdict of a jury at the bar of the Court, the full and true value of the relative benefits, damages, injury or loss which will result to the lands of such person from the construction of the proposed tax ditch.
7 Del. C. § 7106 — Delaware Code / Title 7 / Chapter 71 / Subchapter I / Section 7106
§ Â
        7106. Powers and duties of Department of Natural Resources and Environmental Control.
Status: in_force

The Department of Natural Resources and Environmental Control shall have the power and its duty shall be to:

(1) Adopt standards, rules and regulations, after public hearing, for the prevention, control, reduction and abatement of noise pollution, applicable throughout the State or to such parts or regions thereof specifically designated in such regulations. The procedure for public hearings shall conform to the procedure described in § 6006(2) of this title; such rules and regulations, however, shall not purport to exercise jurisdiction over any person or activity not included or affected by this subchapter;

(2) Cooperate with all other state departments, divisions and agencies in the formulation and preparation of rules and regulations for the control of noise;

(3) Enter into agreements with any other state department in order to effectuate this chapter;

(4) Enforce this chapter, and all regulations, codes and rules, promulgated pursuant thereto, except those provisions of this chapter pertaining to motor vehicles;

(5) In conjunction with the various law-enforcement agencies of this State, receive or initiate complaints of noise and institute legal proceedings for the prevention of noise and for the recovery of penalties, in accordance with this chapter;

(6) Keep records of violations cited, enforcement procedures initiated and completed in accordance with this section.
7 Del. C. § 7805 — Delaware Code / Title 7 / Chapter 78 / Section 7805
§ Â
        7805. Trade secret protection.
Status: in_force

All trade secret information, written, verbal or observed, obtained pursuant to this chapter by the Department or any other state agency will be held as confidential unless such information is already a matter of public record or disclosure is required by law. Nothing in this section shall be construed as limiting the disclosure of information by the Department to any officer, employee or authorized representative of the state or federal government concerned with effecting this chapter. Prior to disclosure of trade secret information to an authorized representative who is not an officer or employee of the state or federal government, the person providing the trade secret information may require the representative to sign an agreement prohibiting disclosure of such information to anyone not authorized by this chapter or the terms of the agreement. Such agreement shall not preclude disclosure by the representative to any state or federal government officer or employee concerned with effecting this chapter. Any person who, by virtue of obtaining access to confidential trade secret information and knowing that disclosure is prohibited, knowingly and wilfully discloses the information to any person not entitled to receive it shall be in violation of this chapter and subject to disciplinary actions provided by the Merit Rules, including dismissal.
7 Del. C. § 4212 — Delaware Code / Title 7 / Chapter 42 / Section 4212
§ Â
        4212. Inspection of dams.
Status: in_force

The Department shall require regular inspection of any dam to which this chapter applies to safeguard life and property. The Secretary may adopt, amend, modify or repeal standards for the inspection 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 that a dam fails to perform its function. The Department shall inform the Delaware Emergency Management Agency of any dam presenting a risk of peril of life and property in the event that the dam fails.
7 Del. C. § 6601 — Delaware Code / Title 7 / Chapter 66 / Section 6601
§ Â
        6601. Short title.
Status: in_force

This chapter shall be known and may be cited as “The Wetlands Act.”
7 Del. C. § 4512 — Delaware Code / Title 7 / Chapter 45 / Section 4512
§ Â
        4512. Rent from lease of public lands.
Status: in_force

All funds received as rent in connection with the leasing of public lands under §§ 4510 and 4511 of this title shall be payable to the State Treasurer and kept by him or her in a special account known as the “Department of Natural Resources and Environmental Control Public Lands Account,” and such funds shall not become a part of the General Fund of the State except as hereinafter provided. The Department may expend money payable out of the special account for the protection, improvement or restoration of lands demised or of lands adjacent to any public lands demised. Any balance remaining from the rentals of any public land in the special account and unencumbered at the end of any fiscal year reverts to the General Fund. Such funds shall not be encumbered for any purpose whatsoever except for the purposes hereinabove provided.
7 Del. C. § 2008 — Delaware Code / Title 7 / Chapter 20 / Section 2008
§ Â
        2008. Term of leases.
Status: in_force

(a) Shellfish aquaculture leases shall be renewable annually for a term of 15 years from the date of issue. In the event that the original lessee does not pay their annual leased acreage fee by December 31 of each year, then these formerly leased grounds will become part of the inventory of potential lease sites on a first-come, first-served basis. Lease holders may designate any portion of their lease acreage in minimum 1-acre increments to be released to the inventory of available lease acreage at any time during the calendar year. There shall be no refund of lease fees for any acreage so released.

(b) At the end of 15 years from issuance of a lease, the original lessee shall have first right to renew the lease for another 15-year period. In the event that the original lessee or their designee fails to renew their lease for 1 or more acres of their original lease acreage, then after 60 days following the expiration date of the lease on the acreage in question, the acreage not renewed shall revert to the inventory of available lease sites. Any equipment on lease acreage that is not renewed must be removed by the original lease holder within 30 days after the termination of the lease, or it will be considered by the Department as abandoned.

(c) It shall be lawful for any lease holder to transfer his or her lease to another eligible applicant at any time within 30 days after written notification is received and approved by the Department, provided such notification is signed and notarized by both the parties making and receiving the transfer. Any stipulations or restrictions placed by the Department on the lease site in question shall be binding for any subsequent holders of a lease for this particular lease site.
7 Del. C. § 5304 — Delaware Code / Title 7 / Chapter 53 / Subchapter II / Section 5304
§ Â
        5304. Definitions.
Status: in_force

(a) “Abandoned shipwreck” means any shipwreck to which title has been voluntarily given up by the owner or by the owner not taking action after a wreck incident to claim title.

(b) “Archaeological investigation” means any surface collection, subsurface tests, excavation, or other activity that results in the disturbance or removal of archaeological resources.

(c) “Archaeological resource” means any artifact or material remains of past human life or activities which are at least 50 years old and are of archaeological interest, including but not limited to pottery, basketry, whole or fragmentary tools, implements, containers, weapons, weapon projectiles, by-products resulting from manufacture or use of human-made or natural materials, surface or subsurface structures or portions thereof, earthworks, fortifications, ceremonial structures or objects, cooking pits, refuse pits, hearths, kilns, post molds, middens, and shipwrecks; the site, location, or context in which such artifacts or material remains are situated; and any portion or piece of any of the foregoing.

(d) “Department” means the Department of State.

(e) “Director” means the Director of the Division of Historical and Cultural Affairs of the Department of State.

(f) “Division” means the Division of Historical and Cultural Affairs of the Department of State.

(g) “Embedded” means firmly affixed in the subaqueous lands such that the use of tools of excavation is required in order to move bottom sediments to gain access to a shipwreck, its cargo and any part thereof, or to any other archaeological resource.

(h) “Historic shipwreck” means a shipwreck that is listed in or eligible for listing in the National Register of Historic Places.

(i) “National Register of Historic Places” means the nation’s official list of districts, sites, buildings, structures, and objects significant in American history, architecture, archaeology, engineering, and culture maintained by the United States National Park Service, Department of the Interior.

(j) “Of archaeological interest” means capable of providing scientific or humanistic understandings of past human behavior, cultural adaptation, and related topics through the application of scientific or scholarly techniques such as controlled observation, contextual measurement, controlled collection, analysis, interpretation and explanation.

(k) “Ordinary high water mark” means, for nontidal waters, the line at which the presence and action of water are so continuous in all ordinary years so as to leave a distinct mark on a bank either by erosion or destruction of terrestrial (nonaquatic) vegetation, or that can be determined by other physical or biological means.

(l) “Person” means an individual, corporation, partnership, trust, institution, association, or any other private entity or any officer or employee, agent, department, or instrumentality of the United States or of any state or political subdivision thereof.

(m) “Qualified person” means a person meeting the United States Secretary of the Interior’s Professional Qualification Standards for Archeology (48 FR 44716; 36 C.F.R. Part 61), as determined by the Director.

(n) “Secretary” means the Secretary of State.

(o) “Shipwreck” means a vessel or wreck, its cargo and other contents.

(p) “State lands” means any lands owned or controlled by the State of Delaware, including subaqueous lands.

(q) “Subaqueous lands” means submerged lands and tidelands.

(r) “Submerged lands” means:

(1) Lands lying below the line of mean low tide in the beds of all tidal waters within the boundaries of the State;

(2) Lands lying below the plane of the ordinary high water mark of nontidal rivers, streams, lakes, ponds, bays and inlets within the boundaries of the State as established by law; and

(3) Specific manmade lakes or ponds as designated by the Secretary of the Department of Natural Resources and Environmental Control.

(s) “Terrestrial lands” means lands owned or controlled by the State lying above the line of mean low tide.

(t) “Tidelands” means lands lying between the line of mean high water and the line of mean low water.
7 Del. C. § 6213 — Delaware Code / Title 7 / Chapter 62 / Section 6213
§ Â
        6213. Appeal to Board.
Status: in_force

Any person whose interest is substantially affected by the adjudication of the Secretary under § 6212 of this title may appeal to the Environmental Appeals Board within 20 days after the Secretary has announced his or her decision. The Board may affirm, modify or reverse the decision of the Secretary. If the decision of the Secretary is overruled or modified by the Board, then the Board shall state reasons for its decision. No decision of the Board shall be valid unless signed by a minimum of 5 members.
7 Del. C. § 6308 — Delaware Code / Title 7 / Chapter 63 / Subchapter I / Section 6308
§ Â
        6308. Imminent hazards.
Status: in_force

Notwithstanding any other provision of this chapter, the Secretary, upon receipt of information that the storage, transportation, treatment or disposal of any hazardous waste may present an imminent and substantial hazard to the health of persons or to the environment, may take such action as he or she determines to be necessary to protect the health of such persons or the environment. The action the Secretary may take includes, but is not limited to:

(1) Issuing an order directing the operator of the treatment, storage or disposal facility or site, or the custodian of such hazardous waste, to take such steps as are necessary to prevent the act or eliminate the practice which constitutes such hazard. Such action may include, with respect to a facility or site, permanent or temporary cessation of operation;

(2) Issuing an order directing the persons who previously owned or operated a treatment, storage or disposal facility or site which constitutes such hazard and who are determined by the Secretary to be responsible for activities causing the hazard, to take such steps as are necessary to prevent or eliminate the hazard;

(3) Enforcement action pursuant to § 6309 of this title;

(4) Directing Department personnel to undertake emergency cleanup and remedial measures. The Secretary may recover the costs of such measures from the responsible party;

(5) a. A Hazardous Waste/Groundwater Cleanup Revolving Fund is hereby established for the purpose of providing the funds to expeditiously undertake the investigation of and conduct necessary remedial measures to mitigate instances of groundwater contamination or accidents which may pose a significant threat to human health and/or the environment.

b. All revenues recovered under this section shall be retained by the Department of Natural Resources and Environmental Control and placed in the Hazardous Waste/Groundwater Cleanup Revolving Fund. Expenditures from this Fund shall be controlled by the Appropriated Special Funds portion of the annual Budget Act.

c. In the event that the revolving fund is expended and the Department requires additional funding to address hazardous waste/groundwater contamination incidents which may pose significant threats to human health and/or the environment, the Secretary may petition the Secretary of Public Safety for additional funds under § 8232 of Title 29 (hazardous substance spill cleanup).

d. The Secretary of the Department of Natural Resources and Environmental Control must report annually to the Governor and the General Assembly on or before July 1 all expenditures from this Fund, receipts collected, ongoing litigation and its current balance.

e. The General Fund start-up moneys shall be a continuing appropriation until June 30, 1990. The Department may request additional funding for this purpose during the normal budgetary process when they project that the initial balance cannot be maintained due to protracted litigations.
7 Del. C. § 6004 — Delaware Code / Title 7 / Chapter 60 / Subchapter II / Section 6004
§ Â
        6004. Permit â Application; hearing; extension.
Status: in_force

(a) Any person desiring to obtain a permit required by § 6003 of this title or a variance or an application to establish a redemption center or a certificate of public convenience and necessity required by subchapter V of this chapter shall submit an application therefor in such form and accompanied by such plans, specifications and other information as required by applicable statute or regulation.

(b) Except as otherwise provided in subsection (c) of this section, upon receipt of an application in proper form, the Secretary shall post on the Department’s website and advertise in a newspaper of general circulation in the county in which the activity is proposed and in a daily newspaper of general circulation throughout the State:

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

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

(3) The place at which a copy of the application may be inspected and an electronic address where the application may be accessed online. The Department may provide instructions for nonelectronic review of application attachments that are too voluminous to post online.

The Secretary shall hold a public hearing on an application, if the Secretary receives a meritorious request for a hearing within a reasonable time as stated in the advertisement. A public hearing may be held on any application if the Secretary deems it to be in the best interest of the State to do so. Such notice shall also be sent by mail to any person who has requested such notification from the Department by providing the name and mailing address. The reasonable time stated shall be 15 days, unless federal law requires a longer time, in which case the longer time shall be stated. A public hearing request shall be deemed meritorious if it exhibits a familiarity with the application and a reasoned statement of the permit’s probable impact. The applicant shall be responsible for the cost of any such advertisements and notices made by the Department as required by this section, not to exceed $500.

(c) The advertisement and notice requirements set forth in subsection (b) of this section may not apply to a permit application received by the Department whenever the subject matter of said application relates to the following:

(1) Air quality control permit applications for open burning, or for the construction or operation of emission control equipment on an existing gasoline dispensing facility, a delivery vessel or a dry cleaning facility;

(2) Water quality control permit applications for a sewage system for 3 or fewer families, a municipal or publicly owned or operated sewage collection system that does not have a pump or lift station, or, a commercial septic system that is used to treat and dispose of 500 gallons or less per day of domestic wastewater only;

(3) Water well construction permit applications for any well from which the Department determines that the withdrawal under normal operations will not exceed 1,000,000 gallons per day.

The Secretary may act without public notice on any permit application that is specified in this subsection.

(d) Advertisements required under subsection (b) of this section may be placed by persons desiring to obtain a permit under § 6003 of this title, provided the advertisement meets the requirements contained in subsection (b) of this section and any additional requirements as may be specified by the Department.

(e) (1) The Secretary may renew or extend the term of a construction permit issued under § 6003(b)(1) of this title for up to 2 additional years, and in either case, may forgo the process set forth in subsections (a) through (d) of this section if all of the following apply:

a. There has been no previous renewal or extension.

b. The permit holder certifies to the Secretary that there have been no material changes to the plans, specifications, and other information set forth in the application previously submitted that would lead to a net adverse environmental impact.

c. The permit holder submits a written request for renewal or extension to the Secretary within 3 years of the date the permit was granted.

d. There are no other circumstances that, in the sole discretion of the Secretary, warrant conditioning the grant of a renewal or extension on compliance with one or more of subsections (a) through (d) of this section.

(2) An extension or renewal granted under this subsection is final and is not appealable under § 6008 of this title.
7 Del. C. § 6125 — Delaware Code / Title 7 / Chapter 61 / Section 6125
§ Â
        6125. Surrender by lessee.
Status: in_force

The lessee may at any time file with the Secretary a written surrender of all rights under the lease or any portion thereof or any separate or distinct zone or geological horizon or any portion thereof. Such surrender shall be effective as of the date of its filing subject to the continuing obligation of the lessee to pay all rentals and royalties theretofore accrued and to place all wells on the lands or in the zone or horizons surrendered in condition for suspension or abandonment in accordance with the applicable lease terms, regulations and law. Thereupon the lessee shall be released from all obligations under such lease with respect to the lands, zones or horizons surrendered, but no such surrender shall release such lessee from any liability for breach of any monetary obligation of the lease with respect to which such lessee is in default at the time of the filing of such surrender.
7 Del. C. § 513 — Delaware Code / Title 7 / Chapter 5 / Subchapter I / Section 513
§ Â
        513. License possession.
Status: in_force

Each holder of a license issued by the Department shall always possess on their person said license, either in paper or digital form encoded in a manner that validates the license holder, while hunting, fishing or trapping, or while serving as a guide, and shall present such license upon request to any person empowered to arrest for violations of the game and fish laws of this State.
7 Del. C. § 2401 — Delaware Code / Title 7 / Chapter 24 / Section 2401
§ Â
        2401. Minimum size.
Status: in_force

It shall be unlawful for any person to possess hard clams taken from the waters under the jurisdiction of the State which measure less than 11/2 inches. Any commercial measure of hard clams shall not contain more than 5% clams that are less than 11/2 inches.
7 Del. C. § 4346 — Delaware Code / Title 7 / Chapter 43 / Subchapter IV / Section 4346
§ Â
        4346. Chairperson of lagoon managers; duties.
Status: in_force

Immediately after they are elected, the lagoon managers shall designate 1 of their number to serve as chairperson. The chairperson shall call meetings of the lagoon managers and taxables and shall preside thereat.
7 Del. C. § 9121 — Delaware Code / Title 7 / Chapter 91 / Subchapter II / Section 9121
§ Â
        9121. Short title.
Status: in_force

This subchapter shall be known, and may be cited, as the “Brownfields Development Program.”
7 Del. C. § 4143 — Delaware Code / Title 7 / Chapter 41 / Subchapter III / Section 4143
§ Â
        4143. Exclusive procedure for determination of damages.
Status: in_force

The determination, assessment or award of damages or other compensation to be paid to any landowner in connection with the formation of a tax ditch shall be made under and in accordance with this chapter. Chapter 61 of Title 10 shall not be applicable to proceedings to organize a tax ditch under this chapter.
7 Del. C. § 9206 — Delaware Code / Title 7 / Chapter 92 / Section 9206
§ Â
        9206. Financial assurance [Effective upon promulgation of regulations by the Secretary pursuant to Ââ9203(c) of this title].
Status: in_force

(a) Within 60 days from the transfer of an establishment or the start up of a new establishment, the owner or operator shall provide to the Department evidence of financial assurance in accordance with the regulations promulgated pursuant to this chapter. Evidence of financial assurance must be in a sufficient form and amount necessary to insure that, upon termination, abandonment, or liquidation of all activities at the establishment that all appropriate means are taken to stabilize and secure the establishment, including but not limited to those activities as set forth in § 9205(b) of this title.

(b) The Department shall promulgate regulations containing requirements for maintaining evidence of financial assurance as deemed necessary with respect to the size of the establishment and the quantities of chemicals maintained and generated as wastes thereon, needed to stabilize and secure the facility, taking into account, and giving due credit for, financial assurance established through other Department programs. Evidence of financial assurance may include, but not be limited to, insurance, guarantee, surety bond, letter of credit, proof of assets, qualification as a self-insurer, or other agreements acceptable to the Secretary.

(c) For the purposes of this section, an owner or operator does not mean the federal government, federal or state agencies, counties or municipalities.
7 Del. C. § 6011 — Delaware Code / Title 7 / Chapter 60 / Subchapter II / Section 6011
§ Â
        6011. Variance.
Status: in_force

(a) The Secretary may, upon application of a person (except an application concerning (1) a source of water or a sewerage facility for 3 or fewer families or (2) open burning, on which the Secretary may act without public notification), grant a variance to that person from any rule or regulation promulgated pursuant to this chapter after following the notice and hearing procedure set forth in § 6004 of this title.

(b) The variance may be granted if the Secretary finds that:

(1) Good faith efforts have been made to comply with this chapter;

(2) The person applying is unable to comply with this chapter because the necessary technology or other alternative methods of control are not available or have not been available for a sufficient period of time or the financial cost of compliance by using available technology is disproportionately high with respect to the benefits which continued operation would bestow on the lives, health, safety and welfare of the occupants of this State and the effects of the variance would not substantially and adversely affect the policy and purposes of this chapter;

(3) Any available alternative operating procedure or interim control measures are being or will be used to reduce the impact of such source on the lives, health, safety and/or welfare of the occupants of this State; and

(4) The continued operation of such source is necessary to national security or to the lives, health, safety or welfare of the occupants of this State.

(c) The Secretary shall publish his or her decision, except a decision involving (1) a source of water or a sewerage facility for 3 or fewer families or (2) open burning, and the nature of the variance, if granted, and the conditions under which it was granted. The variance may be made effective immediately upon publication.

(d) Any party may appeal a decision of the Secretary on a variance request to the Environmental Appeals Board under § 6008 of this title within 15 days after the Secretary publishes his or her decision.

(e) No variance can be in effect longer than 1 year but may be renewed after another hearing pursuant to this section.

(f) The granting of a variance shall not in any way limit any right to proceed against the holder for any violation of the variance. This chapter, or any rule, or regulation, which is not incorporated in the variance provisions, shall remain in full effect.

(g) Notwithstanding other provisions of this section, the Secretary is not authorized to approve requests for fundamentally different factor variances from categorical pretreatment standards promulgated by the Administrator of the United States Environmental Protection Agency pursuant to § 307(b) or (c) of the Federal Water Pollution Control Act, as amended, 33 U.S.C. § 1317(b) or (c). The Secretary is authorized to accept and review such variance requests, and, upon review, deny such request or recommend that the Administrator of the United States Environmental Protection Agency approve such a variance request.
7 Del. C. § 4107 — Delaware Code / Title 7 / Chapter 41 / Subchapter II / Section 4107
§ Â
        4107. Disqualification of members.
Status: in_force

In those cases where any member of the board of ditch commissioners owns lands within the boundary of a proposed tax ditch, such member shall not serve as a member of said board on that particular tax ditch and an alternate ditch commissioner shall serve in the member’s stead.
7 Del. C. § 6035 — Delaware Code / Title 7 / Chapter 60 / Subchapter II / Section 6035
§ Â
        6035. Vessel sewage discharge.
Status: in_force

(a) Marina owners/operators for marinas that are located in whole or in part on tidal waters of the State, and that provide dockage for vessels with a portable toilet or toilets or Type III marine sanitation device or devices (MSD), shall provide convenient access, as determined by the Department, to an approved, fully operable and well maintained pumpout facility or facilities and/or dump station or stations for the removal of sewage from said vessels to a Department approved sewage disposal system.

(b) (1) Owners/operators may agree to pool resources for a single pumpout dump station with Departmental approval based on criteria of number and class of vessels, marina locations, cost per pumpout use, and ultimate method of sewage treatment and disposal (i.e. septic system or waste water treatment facility).

(2) The owner/operator of any boat docking facility that is located in whole or in part on tidal waters of the State, and that provides dockage for a live-aboard vessel or vessels with a Type III marine sanitation device or devices, shall install and maintain at all times, in a fully operable condition, an approved dedicated pumpout facility at each live-aboard vessel slip for the purpose of removing sewage from the live-abroad vessel on a continuous or automatic, intermittent basis to a Department approved sewage disposal system.

(3) Any discharge, by any means, of untreated or inadequately treated vessel sewage into or upon the waters of any marina, boat docking facility or tidal water of the State is prohibited.

(4) All vessels while on waters of the State shall comply with 33 U.S.C. § 1322, as amended February 4, 1987.

(5) The Secretary shall have authority to adopt reasonable rules and regulations to implement this section.