7 Del. C. § 903 — Delaware Code / Title 7 / Chapter 9 / Section 903
§ Â
        903. Department of Natural Resources and Environmental Control; authority; permits; regulations [For application of this section, see 84 Del. Laws, c. 528, Â 4].
Status: repealed

(a) The Department shall administer and enforce the laws and regulations of the State relating to finfishing in the tidal waters of the State.

(b) The Department shall have the authority to cooperate and assist departments, agencies and offices of the State and other states, local governments and the federal government in the management and conservation of finfishery resources.

(c) The Department may issue permits to scientific and/or educational institutions, or employees thereof, allowing said party or parties to be at a specific location, at a specific time, and to use equipment to fish for, or use methods to take finfish, where said equipment, method, location or time would otherwise be illegal under this chapter or any regulation promulgated pursuant to this chapter.

(d) [Repealed.]

(e) The Department, in accordance with the procedures under subchapters I and II of the Administrative Procedures Act (Chapter 101 of Title 29), has the authority to promulgate regulations, which shall have the force and effect of law, to enhance the conservation and management of coastal finfisheries, including the biological and socioeconomic aspects of coastal finfisheries. Any regulation pertaining to fishing for food fish shall require a statement addressing whether or not said regulation will have a significant impact upon the conservation of the fishery in question. Except where otherwise provided in this section, such regulations shall be consistent with this chapter, and may only include, and encompass, the following areas:

(1) a. Add legal fishing equipment or methods to fish for bait fish in addition to the provisions of § 908 of this title.

b. Closed and/or open areas to fish for bait fish according to the provisions of § 909 of this title.

c. Add legal fishing equipment or methods to fish for food fish in addition to § 910 of this title.

d. Restrict fishing within areas designated as striped bass spawning areas according to § 930 of this title; provided that any restriction on fishing is consistent with fishing restrictions imposed by other states adjoining designated striped bass spawning areas located in Delaware.

e. Closed or open areas within Rehoboth Bay and its tributaries, Indian River and Indian River Bay and their tributaries, Little Assawoman Bay and its tributaries, Big Assawoman Bay and its tributaries, Nanticoke River and its tributaries and all tributaries entering the Delaware River and Delaware Bay to fishing with gill nets for food fish.

f. Restrict the mesh size of recreational drift gill nets that may be fished for American shad in the Delaware River.

g. Regulate and/or restrict the type of fishing gear or methods which may be used within the geographical boundaries of permitted artificial reef sites within the Delaware Bay and within Delaware’s territorial sea (defined as 0 to 3 miles seaward of Delaware’s ocean coastline).

h. Regulate and/or restrict which species of live bait, including “bait fish,” as defined in § 906 of this title, may be harvested, imported, transported, sold, or used as bait to fish in the tidal waters of this State, for the purpose of controlling invasive species or pathogens.

(2) a. The Department may promulgate such other regulations concerning a species of finfish that spend part or all of their life cycle within the tidal waters of the State; provided that such regulations are consistent with a fisheries management plan or rule promulgated pursuant to or adopted by the Atlantic States Marine Fisheries Commission, the Atlantic Coastal Fisheries Cooperative Management Act [16 U.S.C. §  5101 et seq.], the Mid-Atlantic Fishery Management Council, or the National Marine Fisheries Service for the protection and conservation of said species of finfish. Such regulations may include management measures, as described herein, that are necessary to implement the fisheries management plan or rule.

1. Notwithstanding this subsection and Chapter 101 of Title 29, the Department may promulgate regulations to adopt a specified management measure for finfish subject to this chapter by issuance of an order signed by the Secretary of the Department where the management measure is specified in 1 or more of the following, and adopting the specific management measure ensures compliance or maintains consistency with 1 or more of the following:

A. A fisheries management plan or rule established pursuant to or by the Atlantic States Marine Fisheries Commission, as set forth in §§ 1501 through 1504 of this title and the Atlantic Coastal Fisheries Cooperative Management Act, 16 U.S.C. § 5104(b).

B. A fisheries management plan or rule established pursuant to or by the Mid-Atlantic Fishery Management Council.

C. A fisheries management plan or rule established pursuant to or by the National Marine Fisheries Service.

2. Whenever the Department promulgates a regulation to adopt a specified management measure pursuant to paragraph (e)(2)a.1. of this section, the Department shall do all of the following:

A. Publish on its website a public notice with a copy of the Secretary’s order and regulation that implement the specified management measure. The regulation will become effective 48 hours after the Department publishes on its website the public notice required by this paragraph.

B. File the Secretary’s order and regulation that implement the specified management measure in the next issue of the Delaware Register of Regulations.

3. Any regulations or management measures promulgated under paragraph (e)(2)a.1. of this section must be consistent with the original specified management measure promulgated pursuant to or adopted by the Atlantic States Marine Fisheries Commission, the Atlantic Coastal Fisheries Cooperative Management Act [16 U.S.C. §  5101 et seq.], the Mid-Atlantic Fishery Management Council, or the National Marine Fisheries Service.

4. Restrictions on the areas from which a species may be taken; and

5. Restrictions on the mesh sizes of nets from which a species may be taken.

b. Management measures may include the following:

1. Minimum and/or maximum size limits of a species according to § 929 of this title.

2. Restrictions on the quantities of a species that may be taken.

3. Restrictions on the periods of time that a species may be taken.

4. Restrictions on the areas from which a species may be taken.

5. Restrictions on the mesh sizes of nets from which a species may be taken.

6. Restrictions on the fishing equipment or methods to fish for a species.

c. In lieu of a fisheries management plan for any species of finfish, the Department, in conjunction with the State of New Jersey’s Department of Environmental Protection, may develop a fisheries management plan for said species and promulgate interim regulations concerning said species of finfish within the Delaware River and Delaware Bay; provided that the State of New Jersey’s Department of Environmental Protection adopts substantially similar interim regulations. Said interim regulations, in Delaware, shall become effective on the date substantially similar regulations become effective in the State of New Jersey.

1. These interim regulations may include the following management measures:

A. Minimum and/or maximum size limits of a species that may be taken and possessed.

B. Restrictions on the quantities of a species that may be taken.

C. Restrictions on the periods of time that a species may be taken.

D. Restrictions on the areas from which a species may be taken.

E. Restrictions on the mesh sizes of nets from which a species may be taken.

F. Restrictions on the fishing equipment or methods to fish for a species.

2. Upon the acceptance by the Department of a fisheries management plan for a species of finfish adopted pursuant to paragraph (e)(2)a. of this section, all interim regulations adopted pursuant to this paragraph (e)(2)c. pertaining to the management of said species shall become void once the Department promulgates new regulations implementing the applicable fisheries management plan.

d. Any regulation adopted pursuant to paragraphs (e)(2)a. and (e)(2)c. of this section shall be consistent with the management principles for development of fisheries management plans or rules as set forth under § 901 of this title.

(3) The Department may promulgate such other regulations concerning any species of finfish or marine mammal that spend part or all of their life cycle within the tidal waters of the State; provided, that such regulations are consistent with management plans approved by the U.S. Secretary of Commerce for the protection and conservation of said finfish or marine mammal.

(f) The Department shall have the authority to issue permits or carry out any other administrative procedure provided for under this chapter, including but not limited to, permits, licenses and applications.

(g) The passage and approval of this subsection shall repeal those provisions contained in § 929 of this title that conflict with any Department regulation only if and when the Department promulgates any regulation contrary to said section of this chapter.

(h) The Department shall have the authority to adopt emergency regulations involving finfish subject to this chapter in accordance with the procedures set forth in the Administrative Procedures Act § 10119 of Title 29.

(i) The Department is authorized to collect pertinent data with respect to fisheries, including, but not limited to, information regarding the type and quantity of fish or weight thereof, areas in which fishing was conducted and time of fishing. The information collected by or reported to the Department shall be confidential and shall not be disclosed in a manner or form that permits identification of any person or vessel, except when required by court order.

(j) The Department shall have the authority to issue a permit to a person for the artificial propagation, aquaculture and possession of finfish which otherwise would be illegal in this State provided that all finfish removed from the tidal waters under the jurisdiction of this State for obtaining eggs or sperm are to be released immediately or disposed of in a manner specified in the permit.

(k) The Department shall have the authority to issue permits, licenses, and applications for the harvesting, importing, transporting, sale, or use of live bait for fishing in tidal waters of the State.

(l) The Department may, by regulation, prohibit the importation or sale of any live-bait species originating from another state or country, for the purpose of controlling invasive species or pathogens.
7 Del. C. § 2603 — Delaware Code / Title 7 / Chapter 26 / Section 2603
§ Â
        2603. Minimum size.
Status: in_force

It shall be unlawful for any person to possess surf clams taken from the waters under the jurisdiction of the State which measure less than the size limit designated by the Department.
7 Del. C. § 556 — Delaware Code / Title 7 / Chapter 5 / Subchapter IV / Section 556
§ Â
        556. Use of fertility control on game birds and game animals.
Status: in_force

(a) No person or persons shall administer fertility control agents or immunocontraceptives to game birds or game animals except as authorized by a permit from the Director of the Division of Fish and Wildlife in accordance with existing laws and regulations.

(b) Whoever violates this section shall be guilty of a class B environmental misdemeanor for each offense.
7 Del. C. § 1809 — Delaware Code / Title 7 / Chapter 18 / Section 1809
§ Â
        1809. Department of Natural Resources and Environmental Control; authority; regulations.
Status: in_force

(a) The Department of Natural Resources and Environmental Control shall administer and enforce the laws and regulations of this State relating to eel fishing. The Department shall have the authority to cooperate with and assist departments, agencies and offices of this State and other states, local governments, and the federal government in the management and conservation of eels.

(b) The Department of Natural Resources and Environmental Control shall have the authority to promulgate regulations concerning eels in accordance with the Administrative Procedures Act, Chapter 101 of Title 29. Eel regulations promulgated by the Department shall be consistent with the adopted Interstate Fishery Management Plan for American Eel. Such regulations may include any of the following:

(1) Minimum and maximum size limits.

(2) The quantities of eels that may be taken.

(3) The periods of time that eels may be taken.

(4) The areas from which eels may be taken.

(5) The gear by which eels may be taken.
7 Del. C. § 571 — Delaware Code / Title 7 / Chapter 5 / Subchapter V / Section 571
§ Â
        571. Game laws on restricted preserves; violations and penalties; arrest by owners.
Status: in_force

All activities conducted pursuant to this subchapter shall be subject to the game laws and regulations of this State, except as the same may be in conflict with this chapter. Persons who trespass upon any restricted preserve authorized by this subchapter for the purpose of shooting or harassing any kind of wildlife without first obtaining permission to do so from the owner or occupant thereof, shall be guilty of class B environmental misdemeanor. The owner of a restricted preserve and the owner’s duly authorized agents may be authorized by the Department to make arrests under this section.
7 Del. C. § 4012 — Delaware Code / Title 7 / Chapter 40 / Section 4012
§ Â
        4012. Construction review and enforcement.
Status: in_force

(a) With respect to approved sediment and stormwater plans, the agency responsible for construction review during and after construction completion shall ensure that periodic reviews are undertaken, implementation is accomplished in accordance with the approved plans, and the required measures are functioning in an effective manner. Notice of such right of construction review shall be included in the sediment and stormwater management plan certification. The agency responsible for construction review may, in addition to local enforcement options, refer a site violation to the Department for additional action.

(b) Referral of a site violation to the Department may initiate a departmental construction review of the site to verify site conditions. That construction review may result in the following actions:

(1) Notification through appropriate means to the person engaged in a land disturbing activity and the contractor to comply with the approved plan within a specified time frame.

(2) Notification of plan inadequacy, with a time frame for the person engaged in a land disturbing activity to submit a revised sediment and stormwater plan to the appropriate plan approval agency and to receive its approval with respect thereto.

(c) Failure of the person engaged in the land disturbing activity or the contractor to comply with departmental requirements may result in the following actions in addition to other penalties as provided in this chapter.

(1) The Department shall have the power to issue a cease and desist order to any person violating any provision of this chapter by ordering such person to cease and desist from any site work activity other than those actions necessary to achieve compliance with any administrative order.

(2) The Department may request that the appropriate plan approval agency refrain from issuing any further building or grading permits to the person having outstanding violations until those violations have been remedied.
7 Del. C. § 9111 — Delaware Code / Title 7 / Chapter 91 / Subchapter I / Section 9111
§ Â
        9111. Fraud.
Status: in_force

(a) If a potentially responsible party commits fraud on the Secretary or another potentially responsible party in a proposed settlement agreement or in an application for a certification of completion of remedy, then any limitation on liability otherwise provided herein shall be void, and any injured person, including the Secretary, may recover actual damages sustained as well as a civil penalty of up to $10,000 for each fraudulent act.

(b) The Secretary may bring an action in the Superior Court to establish and collect a civil penalty for which a person is liable for fraud under this chapter.
7 Del. C. § 5503 — Delaware Code / Title 7 / Chapter 55 / Section 5503
§ Â
        5503. Superintendent; appointment; qualifications; compensation.
Status: in_force

The University shall appoint as superintendent of the Survey a State Geologist and shall determine his or her compensation. The State Geologist shall be a member of the technical or professional staff of the University of Delaware, and 1/2 of his or her salary shall be paid from appropriations to the Survey and the other 1/2 shall be paid by the University of Delaware out of its instructional budget.
7 Del. C. § 7105 — Delaware Code / Title 7 / Chapter 71 / Subchapter I / Section 7105
§ Â
        7105. Administration of chapter; applicability of subchapter.
Status: in_force

(a) The Secretary of the Department of Natural Resources and Environmental Control or the Secretary’s duly authorized designee shall exercise general supervision over the administration of this chapter and, in conjunction with the various law-enforcement agencies of this State, the enforcement of this chapter, and shall have jurisdiction over noise emanating from motor vehicles to the extent of approving standards, codes and regulations proposed by the Secretary of the Department of Safety and Homeland Security.

(b) The Secretary of the Department of Safety and Homeland Security shall exercise general supervision over the administration and enforcement of this chapter with regard to noise emanating from motor vehicles.

(c) This subchapter shall not apply to noise caused or created by the work of any public service company incident to the repair or maintenance of its equipment or facilities which may have been damaged or destroyed as the result of any emergency situation including but not limited to acts of God, accidents and explosions.

(d) This subchapter shall not apply to any noise or noise disturbance caused or created by a dog or any other animal.
7 Del. C. § 6612 — Delaware Code / Title 7 / Chapter 66 / Section 6612
§ Â
        6612. Appeal from Boardâs decision.
Status: in_force

(a) Any person or persons, jointly or severally affected by any decision or nondecision of the Board, or any taxpayer, or any officer, department, board or bureau of the State, may appeal to the Superior Court in and for the county in which the use 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 decision 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 record contains no substantial evidence that would reasonably support the findings. If the Court finds that additional evidence should be taken, the Court may remand the cause to the Board for completion of the record.
7 Del. C. § 1101 — Delaware Code / Title 7 / Chapter 11 / Subchapter I / Section 1101
§ Â
        1101. Application of chapter.
Status: in_force

This chapter shall apply to fishing for finfish in all the nontidal waters of this State. This chapter shall not apply to cultured aquatic stock in transit to, or in or removed from, registered aquaculture facilities pursuant to Chapter 4 of Title 3.
7 Del. C. § 9126 — Delaware Code / Title 7 / Chapter 91 / Subchapter II / Section 9126
§ Â
        9126. Public notice; public comment.
Status: in_force

(a) The Secretary shall provide public notice within 20 days after entering into negotiations for a Brownfields Development Agreement. Such public notice shall be published in a newspaper of general circulation in the county in which the facility is located. Such notice shall also be provided to:

(1) All elected members of the General Assembly in whose district such facility or any part thereof lies;

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

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

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

(b) The Secretary shall provide public notice within 20 days after entering into a Brownfields Development Agreement. Such notice shall provide for a 20-day written comment period.

(c) Upon receiving a request following the entry of the Department into a Brownfields Development Agreement, the Secretary shall conduct a public meeting to provide the public information regarding the proposed project, in or near the area where the facility is located.
7 Del. C. § 4156 — Delaware Code / Title 7 / Chapter 41 / Subchapter IV / Section 4156
§ Â
        4156. Election of ditch managers and a secretary-treasurer; terms of office; vacancies.
Status: in_force

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

(b) The term of office of each ditch manager and of the secretary-treasurer shall be 1 year. If the ditch managers and secretary-treasurer first elected are elected prior to July 1 of any year, the time elapsing between said election and the first annual January meeting provided for in § 4159 of this title shall be deemed to constitute the first year of their terms of office. However, if the ditch managers and secretary-treasurer first elected are elected on or after July 1 of any year, their terms of office shall not be deemed to begin until the said first annual January meeting, although they shall assume the duties and responsibilities of their respective offices immediately upon election.

(c) In the event that any tax ditch officer dies, resigns, ceases to be 1 of the taxables, or is removed from office, the remaining ditch officers shall within 60 days, appoint a taxable to serve the remainder of the term of such officer. However, except in the case of death or removal from office, each tax ditch officer shall continue to serve until a successor has been appointed.
7 Del. C. § 5702 — Delaware Code / Title 7 / Chapter 57 / Section 5702
§ Â
        5702. Authority of Governor or designated representative to act for State.
Status: in_force

(a) The Governor, or such officer, agency or department of the State as shall be designated in writing by the Governor to act as the State’s representative, may enter into such agreements with the federal government, or an agency thereof, as the Governor or such designated representative shall deem necessary to obtain available aid, assistance and relief from the federal government, or its agencies, and do all other acts or things necessary or convenient to obtain such aid and assistance or to carry out the powers expressly granted by this chapter and to effectuate its purpose, including the power to act in the acquisition of lands or interests in lands privately owned.

(b) Neither the Governor nor such designated representative shall commit the State to any financial obligation except to the extent of available appropriations; provided, however, that any such agreement authorized by subsection (a) of this section may specify:

(1) That the State will agree to hold and save the United States and its agents free from any claim for damages which may arise out of the performance of such works and projects to be undertaken by the federal government or its agencies pursuant to any such agreement, other than claims arising from the tortious acts of agents or employees of the federal government;

(2) That the State will furnish or provide, free of cost to the United States, all lands, easements, rights-of-way, and other areas or interests in land within this State required for or in connection with the performance of the work or project to be undertaken by the federal government, or its agencies, in respect of such agreement, and for the maintenance thereafter of such work or project; and

(3) That the State will furnish or provide free of cost to the United States such things as may be required by the federal government in connection with the improvement or maintenance thereof.
7 Del. C. § 6137 — Delaware Code / Title 7 / Chapter 61 / Section 6137
§ Â
        6137. No permit or lease to violators of this chapter.
Status: in_force

No permit or lease shall be granted to any person then in violation of any law or regulation applicable to this chapter.
7 Del. C. § 518 — Delaware Code / Title 7 / Chapter 5 / Subchapter I / Section 518
§ Â
        518. Hunting or trapping during license revocation.
Status: in_force

Whoever hunts or traps during a period when the Department has revoked or denied that person the right to secure a license to hunt or trap within the State shall be guilty of a class A environmental misdemeanor, and upon conviction, shall be denied the privilege of hunting or trapping, with or without a license, in the State for a period of 5 years, commencing with the date of conviction.
7 Del. C. § 4167 — Delaware Code / Title 7 / Chapter 41 / Subchapter IV / Section 4167
§ Â
        4167. Liability of tax ditch officers.
Status: in_force

No ditch manager or other officer of a tax ditch shall be held personally liable for the obligations of the tax ditch. The tax ditch shall indemnify the ditch managers or other officers in accordance with § 4003 of Title 10 for all tort claims.
7 Del. C. § 6070 — Delaware Code / Title 7 / Chapter 60 / Subchapter IV / Section 6070
§ Â
        6070. Title.
Status: in_force

This subchapter shall be known as the “Solid Waste Dumping Elimination Act.”
7 Del. C. § 2604 — Delaware Code / Title 7 / Chapter 26 / Section 2604
§ Â
        2604. Permitted harvesting areas.
Status: in_force

(a) It shall be unlawful to harvest surf clams in any waters designated as contaminated by the Department.

(b) The Department may open and close harvesting areas by regulation. If, in its discretion, the Department determines from biological evidence that emergency restrictions are necessary to protect clams or other shellfish resources of the State, it may do so with advance notice, as it deems necessary.
7 Del. C. § 4326 — Delaware Code / Title 7 / Chapter 43 / Subchapter III / Section 4326
§ Â
        4326. Signing of lagoon management commissionersâ report; dissent.
Status: in_force

The report of the board of lagoon management commissioners, including the statement required by § 4325 of this title, shall be signed by all of the lagoon management commissioners concurring therein. Any lagoon management commissioner who dissents therefrom shall attach to the report the reasons for that commissioner’s dissent.
7 Del. C. § 114 — Delaware Code / Title 7 / Chapter 1 / Section 114
§ Â
        114. Protected wildlife injuring private property.
Status: in_force

Upon receipt by the Department of information from the owner, tenant or sharecropper that any 1 or more species of protected wildlife are detrimental to his or her crops, property or other interests on the land on which he or she resides or controls, together with a statement of the location of the land, the nature of the crops, property or other interests being damaged or destroyed, the extent of the injury and the particular species of protected wildlife committing the injury, an investigation shall be made by the Department, and, if it is determined from such investigation that the injury complained of is substantial and can be abated only by killing or capturing the protected wildlife, or so many thereof as in the opinion of the Department is necessary, a permit to kill or capture any number or all of such protected wildlife on such premises shall be issued by the Department, in which permit shall be specified the time during which, the means and methods by which, and the person or persons by whom the protected wildlife may be killed or captured, and the disposition to be made of all protected wildlife so killed or captured, and such other restrictions as the Department deems necessary and appropriate in the circumstances of the particular case.
7 Del. C. § 718 — Delaware Code / Title 7 / Chapter 7 / Subchapter I / Section 718
§ Â
        718. Requiring wearing of hunter orange in the hunting of deer; violation and penalty.
Status: in_force

(a) “Hunter orange” means a daylight fluorescent orange color with a dominant wave length between 595 and 605 nanometers, and exotation purity of not less than 85 percent and illuminous factor of not less than 40 percent.

(b) During a time when it is lawful to take deer with a firearm, any person hunting any wildlife except migratory game birds in this State shall display on that person’s head, chest and back a total of not less than 400 square inches of hunter orange material.

(c) If a hunter utilizes a ground blind to hunt deer during a time when it is lawful to take deer with a firearm and the hunter is completely concealed within a blind, then 400 square inches of hunter orange material shall be placed within 10 feet outside of the blind and at least 3 feet off of the ground.

(d) Whoever violates this section shall be guilty of a class D environmental violation.
7 Del. C. § 6426 — Delaware Code / Title 7 / Chapter 64 / Subchapter I / Section 6426
§ Â
        6426. Indemnification of directors.
Status: in_force

(a) The State shall indemnify a director who is a party or is threatened to be made a party to any suit or proceeding, whether civil, criminal, administrative or investigative, by reason of the fact that he or she is or was a director of the Authority, against expenses, including attorney’s fees, judgments, fines and amounts paid in connection with such action, suit or proceeding, if such director acted in good faith and in a manner such director believed to be in the best interests of the Authority, and, with respect to a criminal action or proceeding, had no reasonable cause to believe the conduct was unlawful.

(b) Any indemnification under this section shall be made only as authorized in the specific case upon a determination that indemnification of the director is proper in the circumstances because the director has met the applicable standard of conduct set forth in subsection (a) of this section. Such a determination shall be made by the Attorney General or the Attorney General’s designee within 15 days of the date of receipt of a request for such a determination. In the event the Attorney General fails to make the determination within the time frame specified, the requested indemnification hereunder shall be deemed as granted.

(c) Expenses incurred in defending any suit or proceeding referred to herein may be paid in advance of the final disposition of such suit or proceeding upon submission of documentation to the directors regarding the validity of such expenses.

(d) No payment under this section shall be made unless the director seeking such payment shall agree that the State be subrogated, to the extent of such payment, to all rights of recovery of such director, and shall agree to execute all papers required and shall do everything that may be necessary to secure such rights, including the execution of such documents necessary to enable the State effectively to bring suit in the name of the State.

(e) Any eligible director seeking indemnification under this section shall file a written request for determination with the Attorney General setting forth in full the circumstances supporting the claim for indemnification.

(f) The indemnification provided in this section shall apply only to acts and/or omissions occurring subsequent to January 1, 1977. In the event expenses covered by the indemnity set forth in this section are payable under a valid and enforceable commercial insurance policy maintained by and/or for the benefit of the directors, this indemnity shall not apply to expenses subject to recovery pursuant to such insurance coverage.
7 Del. C. § 4003 — Delaware Code / Title 7 / Chapter 40 / Section 4003
§ Â
        4003. Duties of persons engaged in land disturbing activities.
Status: in_force

(a) After July 1, 1991, unless exempted, no person shall engage in land disturbing activities without submitting a sediment and stormwater management plan to the appropriate plan approval authority and obtaining a permit to proceed.

(b) Projects which do not alter stormwater runoff characteristics may be required to provide water quality enhancement even if the predevelopment runoff characteristics are unchanged. Criteria will be detailed in the regulations regarding level of water quality control and variance procedures.

(c) Each land developer shall certify, on the sediment and stormwater management plan submitted for approval, that all land clearing, construction, development, and drainage will be done according to the approved plan.

(d) All approved land disturbing activities shall have associated therein at least 1 individual who functions as responsible personnel.
7 Del. C. § 4157 — Delaware Code / Title 7 / Chapter 41 / Subchapter IV / Section 4157
§ Â
        4157. Chairperson of ditch managers; duties.
Status: in_force

Immediately after they are elected, the ditch managers shall designate 1 of their number to serve as chairperson. The chairperson shall call meetings of the ditch managers and taxables and shall preside thereat.
7 Del. C. § 5902 — Delaware Code / Title 7 / Chapter 59 / Section 5902
§ Â
        5902. Definitions.
Status: in_force

As used in this chapter:

(1) “Charge” means the admission price or fee asked in return for invitation or permission to enter or go upon the land.

(2) “Land” means land, roads, water, watercourses, private ways and buildings, structures, and machinery or equipment when attached to the realty.

(3) “Owner” means the possessor of a fee interest, tenant, lessee, occupant or person in control of the premises.

(4) “Recreational purpose” includes, but is not limited to, any of the following, or any combination thereof: Hunting, fishing, swimming, boating, camping, picnicking, hiking, pleasure driving, nature study, water skiing, winter sports, and viewing or enjoying historical, archaeological, scenic or scientific sites.
7 Del. C. § 4106 — Delaware Code / Title 7 / Chapter 41 / Subchapter II / Section 4106
§ Â
        4106. Ditch commissioners; membership; qualifications; term; vacancies; secretary.
Status: in_force

(a) A board of ditch commissioners, consisting of 3 ditch commissioners and 3 alternate ditch commissioners, is continued for each county within the State. Upon the expiration of the terms of office of the present and all future commissioners, the resident judge for each county shall appoint ditch commissioners and alternate ditch commissioners, who may be selected from lists of 10 or more names submitted by the supervisors of the soil conservation district within the county. Each ditch commissioner and alternate ditch commissioner shall be a resident landowner of the county from which the commissioner is appointed, shall have some knowledge of water management including flood and drainage problems and their impacts to natural resources and shall be familiar with farming and with land values within such county.

(b) The term of office for each ditch commissioner shall be 3 years. The term of office for the alternate ditch commissioners shall be 1 year each. A ditch commissioner or alternate ditch commissioner may be reappointed to succeed himself or herself. All appointments shall be effective as of August 1 of each year.

(c) In the case of the death, resignation or removal from office of a ditch commissioner, the vacancy shall be filled by the appointment of 1 of the alternate ditch commissioners to serve for the remainder of the term of the vacating ditch commissioner.

(d) Except in the case of death or removal from office, a ditch commissioner shall hold office until his or her successor has been appointed.

(e) The Division of Watershed Stewardship shall serve as secretary, without voting authority, for each of the county boards of ditch commissioners.
7 Del. C. § 6140 — Delaware Code / Title 7 / Chapter 61 / Section 6140
§ Â
        6140. Delegation of authority.
Status: in_force

The Secretary may, from time to time, delegate the State Geologist, with his or her consent, to act in the Secretary’s behalf under this chapter. When so designated, the State Geologist shall have all the duties and powers of the Secretary under this chapter.
7 Del. C. § 4331 — Delaware Code / Title 7 / Chapter 43 / Subchapter III / Section 4331
§ Â
        4331. Defense of contested lagoon orders; Attorney General.
Status: in_force

If the lagoon order is contested, the board of lagoon management commissioners shall defend the order, and in conducting its defense, the board shall be represented by the Attorney General of the State.
7 Del. C. § 6601A — Delaware Code / Title 7 / Chapter 66A / Section 6601A
§ Â
        6601A. Purpose.
Status: in_force

It is the purpose of this chapter to promote public health, safety, and general welfare through the conservation and restoration of nontidal wetlands, which provide significant public value and critical ecological functions through the mitigation and prevention of flood damage, provision of wildlife habitat, removal of pollutants from water resources, and reduction in costs for governments, residents, and businesses that result when wetlands are degraded.
7 Del. C. § 7107 — Delaware Code / Title 7 / Chapter 71 / Subchapter I / Section 7107
§ Â
        7107. Authority of Department of Natural Resources and Environmental Control.
Status: in_force

The Department of Natural Resources and Environmental Control shall have the authority to:

(1) Conduct and supervise research programs for the purpose of determining the causes, effects and hazards of noise;

(2) Conduct and supervise statewide programs of noise control education, including the preparation and distribution of information relating to noise control;

(3) Enter and inspect any building or place, except private residences, for the purpose of investigating an actual or suspected source of noise and ascertaining compliance or noncompliance of any statute, rule or regulation of the Department. Any information relating to secret processes or methods of manufacture or production obtained in the course of such inspection, investigation or determination shall be kept confidential and shall not be admissible in evidence in any court or in any other proceedings except to the extent herein provided. If tests of any type are made for the purpose of determining whether or not a violation has occurred, or for any other purpose in connection with such entry and inspection, a duplicate of the results of the tests shall be furnished promptly to the person suspected of violating the statute, code or regulation;

(4) With the approval of the Governor, cooperate with and receive money from the federal government, the state government or any county or municipal government or from private sources for the study and control of noise; and

(5) Review and approve any plan to construct any highway corridor, the construction or operation of which may in the opinion of the Department cause or contribute to an amount of noise deemed excessive by the Department.
7 Del. C. § 6207 — Delaware Code / Title 7 / Chapter 62 / Section 6207
§ Â
        6207. Damages; claimants.
Status: in_force

(a) In addition to all necessary costs of investigation and prosecution claims for damages for economic loss, arising out of or directly resulting from oil pollution, may be asserted for:

(1) Cleanup costs;

(2) Injury to, or destruction of, real or personal property;

(3) Loss of use of real or personal property;

(4) Injury to, or destruction of, natural resources;

(5) Loss of use of natural resources;

(6) Loss of profits or impairment of earning capacity due to injury or destruction of real or personal property or natural resources; and

(7) Loss of tax revenue for a period of 1 year due to injury to real or personal property.

(b) A claim authorized by subsection (a) of this section may be asserted:

(1) Under any items, by the Attorney General on behalf of the State, its citizens or subdivisions; however, the right of any claimant or claimants to proceed in their own behalf shall not be impaired;

(2) Under paragraph (a)(1) of this section, by any claimant;

(3) Under paragraphs (a)(2), (3) and (5) of this section, by any claimant, if the property involved is owned or leased, or the natural resource involved is utilized, by the claimant;

(4) Under paragraph (a)(4) of this section, by the Governor, as trustee for natural resources over which the State has sovereign rights;

(5) Under paragraph (a)(6) of this section, by any claimant, if the claimant derives at least 15 percent of his or her income from activities which utilize the property or natural resource;

(6) Under paragraph (a)(7) of this section, by the State or political subdivision thereof.
7 Del. C. § 602 — Delaware Code / Title 7 / Chapter 6 / Section 602
§ Â
        602. Sale of skins, bodies or animals of certain species prohibited.
Status: in_force

No part of the skin or body, whether raw or manufactured, of the following species of wild animals or the animal itself may be sold or offered for sale by any individual, firm, corporation, association or partnership within the State: All endangered species as designated by the United States Department of the Interior; leopard (panthera pardus); snow leopard (uncia uncia); clouded leopard (neofelis nebulosa); tiger (panthera tigris); cheetah (acinonyx jubatus); alligators, crocodiles or caiman; vicuna (vicugna vicugna); red wolf (canis niger); polar bear (thalarctos maritimus); and harp seals (phoca groenlandica).
7 Del. C. § 8005 — Delaware Code / Title 7 / Chapter 80 / Section 8005
§ Â
        8005. Low-level radioactive waste surcharge rebates.
Status: in_force

Authority is given to Delaware’s Appalachian States Low-Level Radioactive Waste Compact Commissioners to approve the disbursement of funds from the Low-Level Radioactive Waste Surcharge Escrow Account established by the U.S. Department of Energy. These funds can only be used to:

(1) Establish low-level radioactive waste disposal facilities;

(2) Mitigate the impact of low-level radioactive waste disposal facilities on the host state;

(3) Regulate low-level radioactive waste disposal facilities; or

(4) Ensure the decommissioning, closure and care during the period of institutional control of low-level radioactive waste disposal facilities as stipulated by the Low-Level Radioactive Waste Policy Amendments Act [42 U.S.C. § 2021b et seq.].
7 Del. C. § 4185 — Delaware Code / Title 7 / Chapter 41 / Subchapter VI / Section 4185
§ Â
        4185. Payment of damages and compensation.
Status: in_force

The damages and compensation awarded by the terms of the ditch order shall be paid to the person entitled thereto out of the first funds available to the tax ditch under this chapter, and no construction shall commence until said damages and compensation have been paid.
7 Del. C. § 1104 — Delaware Code / Title 7 / Chapter 11 / Subchapter I / Section 1104
§ Â
        1104. Regulations promulgated by Department.
Status: in_force

Nothing in this chapter shall be interpreted to lessen or preclude the Department’s authority to promulgate regulations pertaining to freshwater fish pursuant to the provisions of § 103 of this title.
7 Del. C. § 725 — Delaware Code / Title 7 / Chapter 7 / Subchapter I / Section 725
§ Â
        725. Falconry; permit; regulations; hunting.
Status: in_force

(a) No person may take, transport or possess any raptor for falconry purposes in this State without first procuring a falconry permit from the Department. The Department shall not charge a fee for a falconry permit.

(b) The State hereby adopts Title 50 of the Code of Federal Regulations pertaining to falconry, and the Department may promulgate such other regulations as may be necessary to govern the practice of falconry.

(c) The falconry permit, when accompanied by a current hunting license, authorizes the hunting of game birds and game animals in compliance with the State’s seasons and bag limits.
7 Del. C. § 1129 — Delaware Code / Title 7 / Chapter 11 / Subchapter II / Section 1129
§ Â
        1129. Offenses; penalty.
Status: in_force

The following acts shall be offenses under this subchapter punishable as a Class D environmental violation for each such act:

(1) To alter or change a Delaware trout fishing stamp in any way;

(2) To loan such a stamp to another person for use as authority to fish in trout-stocked waters;

(3) To furnish any false information as to the identity of the applicant upon the application for such a stamp;

(4) To take or attempt to take any rainbow, brown, or brook trout from any fresh waters stocked by the Department with trout without having purchased a stamp and affixed and signed the same as provided in this subchapter, except upon lands owned or leased as provided in § 1127 of this title;

(5) Upon demand by any Fish and Wildlife Agent to fail or refuse to exhibit a stamp when fishing in trout-stocked waters; except upon lands owned or leased as provided in § 1127 of this title.
7 Del. C. § 1126 — Delaware Code / Title 7 / Chapter 11 / Subchapter II / Section 1126
§ Â
        1126. Stamp requirement and possession; exemptions from purchase of stamp.
Status: in_force

Anyone who fishes in fresh waters stocked with trout by the Department at locations and during seasons designated by the Department shall purchase a Delaware trout fishing stamp. Such stamp must be in the possession of persons fishing in such waters, either as a gummed paper stamp validated by the signature of the licensee written in ink across the face of said stamp, or in paper or digital form encoded in a manner that validates the stamp holder. Delaware trout fishing stamp holders shall be permitted to take trout during the open season for such fish and in a manner permitted by law from the fresh waters which are stocked with trout by the Department. Any person exempt from purchasing a Delaware fishing license under § 502(e)-(i), § 502(k)-(l), or § 507(d) of this title is also exempt from purchasing a Delaware trout fishing stamp.
7 Del. C. § 4186 — Delaware Code / Title 7 / Chapter 41 / Subchapter VI / Section 4186
§ Â
        4186. Obstruction of or damage to tax ditch; civil and criminal liability.
Status: in_force

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

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

(c) Whoever wilfully obstructs or damages any part of a tax ditch, as specified in subsection (a) of this section, or wilfully interferes in any way with tax ditch operations as provided for in this chapter or in a ditch order made pursuant to this chapter, shall be fined not more than $100.

(d) As of July 17, 2008, if a permanent structure, whether existing or approved for construction, including but not limited to any residential, agricultural, or commercial structure, or any associated permanent accessory structure or septic system, driveway or parking area associated therewith still are found to be within a tax ditch right-of-way; that structure is exempt from the provisions of this chapter as a “legal nonconforming use”.
7 Del. C. § 2310 — Delaware Code / Title 7 / Chapter 23 / Section 2310
§ Â
        2310. Noncommercial crabbing; daily limits.
Status: in_force

(a) Noncommercial crabbing is permitted in any of the waters under the jurisdiction of the State unless otherwise posted by the Department.

(b) It is unlawful for any person actively engaged in noncommercial crabbing to sell any crabs.

(c) It shall be unlawful for any person to place, use, set or tend any noncommercial crab pot unless said pot is attached to an all white buoy with said person’s full name and permanent mailing address inscribed either on the white buoy or on a waterproof tag attached to said buoy that is legible at all times.

(d) It shall be unlawful for any person to take in any 1 day more than 1 bushel of blue crabs unless otherwise authorized to do so by license or permit.

(e) Unless otherwise authorized, it shall be unlawful for any person to leave, place, use, set or tend any noncommercial crab pots in the tidal waters of this State between and including December 1 and the last day of February immediately following.

(f) Unless otherwise authorized, it shall be unlawful for any person who does not have a valid commercial crab pot license to have, place, use, set or tend more than 2 crab pots in the tidal waters of this State.
7 Del. C. § 4014 — Delaware Code / Title 7 / Chapter 40 / Section 4014
§ Â
        4014. Training of responsible personnel.
Status: in_force

After July 1, 1991, any applicant seeking sediment and stormwater plan approval shall certify to the appropriate approval agency that all responsible personnel involved in the construction project will have a certificate of attendance at a departmentally sponsored or approved training course for the control of sediment and stormwater before initiation of any land disturbing activity. The certificate of attendance shall be valid until the Department notifies the individual or announces in local newspapers that recertification is required due to a change in course content.
7 Del. C. § 4703 — Delaware Code / Title 7 / Chapter 47 / Subchapter I / Section 4703
§ Â
        4703. Fort Delaware State Park.
Status: in_force

(a) Pea Patch Island is declared to be a state park under the name of Fort Delaware State Park.

(b) The Department of Natural Resources and Environmental Control shall repair Fort Delaware and shall thereafter maintain the same in a condition fit for visitation by the general public, and shall arrange and provide transportation facilities for such purpose.

(c) The Department of Natural Resources and Environmental Control shall establish and collect reasonable fees and charges for transportation to the said park and visitation therein; all such fees and charges received by the said Department of Natural Resources and Environmental Control and any other funds received by it, except state appropriations, for the support of Fort Delaware State Park shall be paid to the State Treasurer, who shall retain the same in a special fund, to be expended upon proper vouchers of the Department of Natural Resources and Environmental Control only for the purpose of carrying out this section.

(d) The officers of the Fort Delaware Society are named as an advisory board to the Department of Natural Resources and Environmental Control to make such recommendations for the care and maintenance of Fort Delaware State Park as they see fit.
7 Del. C. § 2307 — Delaware Code / Title 7 / Chapter 23 / Section 2307
§ Â
        2307. Crab dredgerâs license; fees.
Status: in_force

It shall be unlawful for any person to dredge for blue crabs in this State unless said person has applied for and secured from the Department and has in his or her possession a valid crab dredger’s license. The fee for a resident crab dredger’s license shall be $57.50. The fee for a nonresident crab dredger’s license shall be $575.
7 Del. C. § 6805 — Delaware Code / Title 7 / Chapter 68 / Section 6805
§ Â
        6805. Permits required.
Status: in_force

(a) No person shall, without first having obtained a permit or letter of approval from the Department, undertake any activity:

(1) To construct, modify, or reconstruct any structure or facility on any beach seaward of the building line.

(2) To alter, dig, mine, move, remove or deposit any substantial amount of beach or other materials, or cause the significant removal of vegetation, on any beach seaward of the building line which may affect the enhancement, preservation or protection of beaches.

(b) No dune buggy, truck, automobile, motorized bicycle, mechanized vehicle or machine shall be operated on any beach owned in fee simple by the State except in areas designated for such use and then only in accordance with rules and regulations promulgated by the Department. Vehicles utilized for emergency or health and safety measures are excepted from this subsection.

(c) Construction activities landward of the building line on any beach, including construction of any structure or the alteration, digging, mining, moving, removal or deposition of any substantial amount of beach or other materials, shall be permitted only under a letter of approval from the Department.

(d) The Department shall grant or deny a permit or letter of approval required by subsections (a) and (c) of this section in accordance with duly promulgated regulations. If any structure proposed to be built seaward of the building line could reasonably be reduced in size or otherwise altered in order to eliminate or diminish the amount of encroachment over the building line, the Department shall require such reduction or alteration as a condition of granting the permit or letter of approval. Notwithstanding any provision of this section or regulations adopted by the Department, no property owner shall be prevented within the regulated area from repairing, modifying, modernizing, updating, or improving their existing structure, or, by performing such actions, be required to relocate or reduce in size so long as these repairs, modifications, or improvements are within the existing structure’s foot print.
7 Del. C. § 2309 — Delaware Code / Title 7 / Chapter 23 / Section 2309
§ Â
        2309. Unloading locations.
Status: in_force

It shall be unlawful for any person to unload blue crabs taken from the waters or shellfish grounds within the jurisdiction of the State at any port or unloading facilities located outside the geographic boundaries of the State.
7 Del. C. § 4139 — Delaware Code / Title 7 / Chapter 41 / Subchapter III / Section 4139
§ Â
        4139. Defense of contested ditch orders; Attorney General.
Status: in_force

If the ditch order is contested, the board of ditch commissioners shall defend the order, and in conducting its defense, the board shall be represented by the Attorney General of the State.
7 Del. C. § 2505 — Delaware Code / Title 7 / Chapter 25 / Section 2505
§ Â
        2505. Area permitted; method of taking.
Status: in_force

(a) Potting for lobsters is permitted in any waters under the jurisdiction of the State.

(b) It shall be unlawful to take or attempt to take lobsters for commercial purposes by any method other than a lobster pot. The number of and design of said pots will be established by regulation.

(c) It shall be unlawful to take or attempt to take lobsters by dragging, dredging, trawling and spearing.
7 Del. C. § 7001 — Delaware Code / Title 7 / Chapter 70 / Section 7001
§ Â
        7001. Purpose.
Status: in_force

It is hereby determined that the coastal areas of Delaware are the most critical areas for the future of the State in terms of the quality of life in the State. It is, therefore, the declared public policy of the State to control the location, extent and type of industrial development in Delaware’s coastal areas. In so doing, the State can better protect the natural environment of its bay and coastal areas and safeguard their use primarily for recreation and tourism. Specifically, this chapter seeks to prohibit the construction of new heavy industry in its coastal areas beyond the heavy industry use sites defined in this chapter. The expansion of heavy industry beyond those sites is determined to be incompatible with the protection of that natural environment in those areas. While it is the declared public policy of the State to encourage the introduction of new industry into Delaware, the protection of the environment, natural beauty and recreation potential of the State is also of great concern. In order to strike the correct balance between these 2 policies, careful planning based on a thorough understanding of Delaware’s potential and the State’s needs is required. Therefore, control of industrial development in the coastal zone of Delaware through a permit system at the state level is called for. It is further determined that offshore bulk product transfer facilities represent a significant danger of pollution to the coastal zone, therefore bulk product transfer facilities are prohibited in the coastal zone, unless approved through a conversion permit at a heavy industry use site that had a docking facility or pier for a single industrial or manufacturing facility on or before June 28, 1971.
7 Del. C. § 530 — Delaware Code / Title 7 / Chapter 5 / Subchapter II / Section 530
§ Â
        530. Qualification of licensee; nontransferability of license.
Status: in_force

Licenses under this subchapter shall be sold only to citizens of the United States and shall not be transferable.
7 Del. C. § 4217 — Delaware Code / Title 7 / Chapter 42 / Section 4217
§ Â
        4217. Rights of investigation, entry, access, inspection and protective action.
Status: in_force

(a) The Department shall have the right to direct the conduct of such investigations as it may reasonably deem necessary to carry out its duties prescribed in this chapter and the Department shall have the right to conduct such investigations, and for the purpose of inspections the employees of the Department and agents of the Department have the right to enter at reasonable times on any property, public or private, for the purpose of investigating the condition, construction or operation of any dam or associated equipment facility or property, and to require written statements or the filing of reports under oath, with respect to pertinent questions relating to the construction or operation of any dam. No person shall refuse entry or access to any authorized representative of the Department who requests entry for purposes of inspection, and who presents appropriate credentials, nor shall any person obstruct, hamper or interfere with any representative while in the process of carrying out that representative’s official duties.

(b) Notwithstanding any other provisions of this chapter, the Department, upon receipt of information that any dam may present an imminent and substantial hazard to the public health, safety or welfare, may take such actions as it determines to be necessary to protect the public health, safety or welfare. The Department may direct the owner or custodian of the dam to take such actions as are necessary to prevent, eliminate or reduce the hazard. In the event the owner or custodian fails to take such actions, the Department shall have the right to take all appropriate or necessary action including, but not limited to, breaching or draining. The Department may initiate legal proceedings to recover the emergency costs from the dam owner.
7 Del. C. § 6054 — Delaware Code / Title 7 / Chapter 60 / Subchapter III / Section 6054
§ Â
        6054. Delaware Recycling Fund.
Status: in_force

(a) There shall be established in the State Treasury and in the accounting system of the State a special fund to be known as the Delaware Recycling Fund (“the Fund”).

(b) The following revenue shall be deposited into the Fund:

(1) As specified in § 2912 of Title 30, the recycling fee on the sale of beverage containers;

(2) On the last day of each month, the State Treasurer shall credit the Fund with interest on the average balance in the Fund for the preceding month. The interest to be paid to the Fund shall be that proportionate share, during such preceding month, of interest to the State as the Fund’s and the State’s average balance is to the total State’s average balance;

(3) Any other revenue appropriated or transferred to the account by the General Assembly; and

(4) Repayment of low interest loans.

(c) The Fund shall be used by the Secretary for the exclusive purpose of funding specific activities designed to enhance the State’s recycling rate and the diversion of recyclables that would otherwise be land disposed. The Fund may be expended only:

(1) To fund the Recycling Grants and Low Interest Loan Program referenced in § 6055 of this title. Annual funding for the Recycling Grants and Low Interest Loan Program shall be dependent on revenue generated by the Fund;

(2) To pay the limited and reasonable cost of the Department and the Recycling Public Advisory Council to study, evaluate and report on the status and potential for recycling various components of the solid waste stream, with emphasis on those aspects of municipal solid waste and commercial waste necessary to achieve the diversion goals established in § 6056 of this title;

(3) To pay the Department’s limited and reasonable costs for administering this subchapter. No greater than 10% of the revenue deposited into the Fund shall be used by the Department for administering this subchapter without approval of the Joint Finance Committee and shall include but not be limited to: promoting the Recycling Grants and Low Interest Loan Program, universal recycling, zero waste principles, development of reporting requirements and related recycling initiatives; and

(4) To pay the Division of Revenue for the costs of administering § 2912 of Title 30.

(d) The Department shall commence the Recycling Grants and Low Interest Loan Program in calendar year 2011 and offer the Program at least annually thereafter until 2014.

(e) The revenue from the Fund and its disbursement via the Recycling Grants and Low Interest Loan Program shall be subject to audit and the recipient of any such funding shall agree to the audit and cooperate with the auditor as a condition of receiving funding.

(f) No expenditures shall be made from the Fund for any grants or loans pursuant to § 6055 of this title without the approval by the Controller General and Director of the Office of Management and Budget of a plan for revenues and expenditures for the period between December 1, 2010, and September 15, 2011.
7 Del. C. § 800 — Delaware Code / Title 7 / Chapter 7 / Subchapter VIII / Section 800
§ Â
        800. Definitions.
Status: in_force

For the purposes of Part I of this title, unless otherwise specifically defined, or another intention clearly appears, or the context requires a different meaning, the following definitions shall apply:

(1) “Invasive wildlife species” means non-native wildlife species, including but not limited to nutria, whose presence, establishment, or proliferation causes or is likely to cause, as determined by the Department, biological or environmental harm to native wildlife species or their habitats or associated economic harm.

(2) “Non-native wildlife species” means those wildlife species exclusive of finfish, that, as determined by the Department, have not historically and naturally occurred in Delaware. Non-native wildlife species include but are not limited to those wildlife species, such as coyotes, that are or become present through natural range expansion or through human actions to include but not limited to unintentional or intentional introduction or release. Non-native wildlife species may include genetically modified native species. Non-native wildlife species do not include wildlife otherwise identified under this title as a game animal, game bird, or form of unprotected wildlife, and do not include feral cats and animals otherwise identified by statute as an agricultural commodity or livestock or determined to be an agriculture commodity or livestock by and in coordination with the Delaware Department of Agriculture.
7 Del. C. § 6702 — Delaware Code / Title 7 / Chapter 67 / Section 6702
§ Â
        6702. Violations.
Status: in_force

Any person who operates a motor vehicle, or owns a motor vehicle which he or she permits to be operated, upon the public highways of the State, which emits smoke and other air contaminants in excess of standards, rules or regulations adopted by the Department, shall be fined not less than $50, nor more than $100, which may be enforced in accordance with Title 21.
7 Del. C. § 1704 — Delaware Code / Title 7 / Chapter 17 / Section 1704
§ Â
        1704. Stocking area; training therein; hunting and trapping.
Status: in_force

The licensees shall, from time to time, during each year stock each such area with 25 pieces of game per 100 acres at their own expense, under supervision of the Department, unless the Department determines that the area is already adequately stocked. The licensees may at any time during the year train their own dogs or the dogs of other persons on such area or permit others so to do under such conditions as are mutually agreed upon. Neither the licensees nor any other person shall, at any time, hunt or trap within the confines of such area, except that the licensees or any person authorized by them may hunt or trap vermin and predators for the purpose of exterminating vermin and predators on such area.
7 Del. C. § 4735 — Delaware Code / Title 7 / Chapter 47 / Subchapter II / Section 4735
§ Â
        4735. Powers of the Corporation.
Status: in_force

The Corporation shall have on July 23, 2014, and upon its creation as provided for herein the powers listed in this section. The Corporation shall be empowered, without limitation and notwithstanding any other laws to:

(1) Adopt bylaws, rules, regulations, and procedures;

(2) Act generally in a planning and development capacity, and in connection therewith, to hold, own, preserve, develop, improve, construct, rent, lease, sell, or otherwise acquire or dispose of any real property, including without limitation any real property comprising the Fort DuPont Complex or any portion thereof transferred to the Corporation. The power in this paragraph (2) does not exempt development and construction on the Fort DuPont Complex from otherwise applicable environmental law and regulatory requirements. All activity on the Fort DuPont Complex must comply with otherwise applicable permitting processes of the Department.

(3) Employ an executive director, a deputy executive director, and such other deputies and assistants as may be necessary or desirable, and to retain by contract such legal counsel, engineers, advisors, and other providers of professional services.

(4) Borrow moneys or accept contributions, grants, or other financial assistance from the federal government, the State, any locality or political subdivision, any agency or instrumentality thereof, or any source, public or private, for or in aid of any project of the Corporation, and to these ends, to comply with such conditions and enter into such mortgages, trust indentures, leases, or other contracts and agreements as may be necessary or desirable.

(5) Have and exercise any and all powers available to a corporation organized pursuant to Chapter 1 of Title 8, the Delaware General Corporation Law that are not inconsistent with this subchapter.

(6) Take such other lawful actions that are consistent with the purposes of this subchapter as may be necessary or desirable to oversee, manage, and implement the redevelopment and preservation of the Fort DuPont Complex in accordance with the redevelopment plan and the provisions of this subchapter.

(7) Recover costs for the use of, or the benefit derived from, the services or facilities provided, owned, operated, or financed by the Corporation benefiting property within the Fort DuPont Complex.
7 Del. C. § 4503 — Delaware Code / Title 7 / Chapter 45 / Section 4503
§ Â
        4503. Location and payment for grants of public lands.
Status: in_force

All grants of public land made shall be located and paid for within 1 year from the grant, or they shall be void.
7 Del. C. § 1303 — Delaware Code / Title 7 / Chapter 13 / Section 1303
§ Â
        1303. Confiscation and disposition of game and fish unlawfully taken.
Status: in_force

The Department shall confiscate all game and fish unlawfully taken or had in possession, and dispose of the same by destroying it or distributing it among charitable institutions.
7 Del. C. § 4189 — Delaware Code / Title 7 / Chapter 41 / Subchapter VI / Section 4189
§ Â
        4189. Alteration of tax ditches; amendments to ditch orders.
Status: in_force

If it becomes necessary to change any part of a tax ditch, 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 ditch managers to the taxables at a regularly called tax ditch 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 construction area, or of the maintenance right-of-way on the lands of any owner without the owner’s consent, the tax ditch 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 ditch. Whenever changes are made which affect the tax ditch assessment list, the Division of Watershed Stewardship shall notify the board of assessment of the proper county of such changes.

(2) a. When all landowners affected consent to changes of any part of a tax ditch, 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 ditch. Whenever changes are made which affect the tax ditch assessment list, the Division of Watershed Stewardship shall notify the board of assessment of the proper county of such changes.

b. The Division of Watershed Stewardship shall be responsible for assuring that any change to a court order to a tax ditch or right-of-way pursuant to this chapter shall be recorded in the prothonotary’s office. The landowner of any property upon which a change to a court order has been made to any tax ditch or right-of-way pursuant to this chapter shall be responsible for assuring that such change is filed with the recorder of deeds in the county or counties where the parcel subject to the right-of-way is located.

(3) Any landowner within the boundaries of a tax ditch, or the tax ditch managers in the name of said tax ditch, may, at any time, petition for the amendments of the ditch order that created the tax ditch. Such petition shall list the changes that are desired and shall be presented to the Superior Court that issued the tax ditch 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 § 4120 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 ditch order in the office of the prothonotary of a county, the board of ditch commissioners of such county, shall, at the direction of the resident judge thereof, go upon the lands of the tax ditch watershed, if necessary, review the existing ditch order, consider the changes requested and make determinations regarding these. The board of ditch commissioners shall obtain from the county soil conservation district such assistance and information as may be required. The board of ditch 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 ditch 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 §§ 4131 and 4132 of this title so far as these are applicable. After holding the hearing and supervising the referendum, the board of ditch 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 ditch 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 ditch commissioners shall also prepare and attach to the report a statement showing:

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

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

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

Action by the Superior Court shall follow §§ 4136, 4137, 4138, 4139, 4140, 4141 of this title so far as these sections are applicable.
7 Del. C. § 7402B — Delaware Code / Title 7 / Chapter 74B / Section 7402B
§ Â
        7402B. Definitions.
Status: in_force

(a) “Boiler” means a closed vessel in which water is heated, steam is generated, steam is superheated, or any combination thereof, under pressure or vacuum for use externally to itself by the direct application of heat from the combustion of fuels, or from electricity or nuclear energy. The term “boiler” shall include fired units for heating or vaporizing liquids other than water, where these units are separate from processing systems, and are complete within themselves.

(1) “Heating boiler” means a steam boiler operating at pressures not exceeding 15 psi, or a hot water boiler operating at pressures not exceeding 160 psi and/or temperatures not exceeding 250 degrees Fahrenheit which is supplied to an external heating system.

(2) “High temperature water boiler” means a water boiler operating at a pressure exceeding 160 psi and/or temperatures in excess of 250 degrees Fahrenheit.

(3) “Hot water supply boiler” means a vessel used to heat water for purposes other than space heating, where the water is used external to itself, at pressures not exceeding 160 psi, and/or temperatures not exceeding 250 degrees Fahrenheit at or near the boiler outlet. American Society of Mechanical Engineers (ASME) Stamping would be “ASME Section IV, H.”

(4) “Jacketed cooking kettle” means a gas or electrically fired jacketed cooking kettle built and stamped “ASME Section VIII, Division 1.” ASME stamping would be “U.”

(5) “Pool heater” means an appliance designed for heating nonpotable water stored at atmospheric pressure such as water in swimming pools, spas, hot tubs, and similar applications.

(6) “Power boiler” means a vessel in which steam or other vapor is generated at a pressure of more than 15 PSIG.

(7) “Thermal fluid heater” means a boiler used to heat an organic fluid for heating and or processing that does not vaporize in the process. Object is considered a boiler in the State and is required to be built to Section I of the ASME Construction Codes and registered with the National Board. Overpressure protection will be in accordance with ASME Section I Part PVG.

(8) “Water heater” means a closed vessel in which water is heated by gas, oil, electric, or some other fuel supply, and the water is used externally to itself for potable water supply, or used for potable water and space heating, operating at pressures not exceeding 160 psi and water temperatures not in excess of 210 degrees Fahrenheit. ASME Stamping would be “ASME Section IV, HLW.”

(b) “Council” means the Governor’s Council on Boiler Safety.

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

(d) “National Board” means the National Board of Boiler and Pressure Vessel Inspectors.

(e) “NBIC” means the National Board Inspection Code. The manual for boiler and pressure vessel inspectors, published by the National Board of Boiler and Pressure Vessel Inspectors. The NBIC is recognized for Repairs and Alterations, and Antique (Historical) boilers only (Part 3 only).

(f) “Owner” means any person owning any boiler, pressure vessel or nuclear installation within this State other than those exempt under § 7401B(c) of this title and by regulation.

(g) “Place of public assembly” means any establishment, building, location or any portion thereof within this State intended and used for occupation by persons while employed therein for compensation of any kind, any commercial structure and/or location to which the public has access.

(h) “Pressure vessel” means containers for the containment of pressure, either internal or external. The pressure may be obtained from an external source or by the application of heat from a direct or indirect source, or any combination thereof.

(i) “PSI” or “psi” means pounds per square inch.

(j) “PSIG” or “psig” means pounds per square inch gauge.

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

(l) “Shop review” means a general survey and examination of a boiler or pressure vessel manufacturing or repair firm’s facilities, methods and records. The examination is performed by a designee of the ASME, and/or the National Board.

(m) “User” means any person operating any boiler, pressure vessel, or nuclear installation within this State other than those exempt by § 7401B(c) of this title and by regulation.
7 Del. C. § 6405 — Delaware Code / Title 7 / Chapter 64 / Subchapter I / Section 6405
§ Â
        6405. Manager and staff.
Status: in_force

(a) The manager of the Authority shall be a resident of the State, a registered professional engineer in the State and have obtained at least a masters degree in either civil, mechanical or chemical engineering from an accredited college or university. The manager shall have at least 10 years’ engineering experience including at least 3 years’ experience in the field of solid waste management.

(b) The manager shall be a member and chief executive of the staff Authority.

(c) All members of the staff shall be employees of the Authority and, except for the manager, the manager’s chief administrative aide and engineers who have graduated from an engineering curriculum of 4 years or more, be covered by the state merit system as classified employees.

(d) The manager shall be responsible for developing and recommending an organizational structure for implementing the functions undertaken by the Authority. The manager shall be responsible for recommending to the Authority persons to be hired as staff members. The Authority shall approve all hirings and organizational structures.

(e) All members of the staff shall be included under and subject to Chapter 55 of Title 29.
7 Del. C. § 9106 — Delaware Code / Title 7 / Chapter 91 / Subchapter I / Section 9106
§ Â
        9106. Investigation and access.
Status: in_force

(a) (1) If there is a reasonable basis to believe there was a release or is an imminent threat of release, the Secretary may require information or documents relevant to the release or imminent threat of release from any person who may have information pertinent to:

a. The identification, nature and volume of materials generated, treated, stored, transported to or disposed of at a facility, and the dates thereof;

b. The extent of a release or imminent threat of release from a facility;

c. The identity of potentially responsible parties;

d. The financial ability of a potentially responsible party to perform a remedy.

(2) The Secretary or his or her authorized employees or agents may enter, at reasonable times, upon any real property, public or private, to conduct sampling, inspection, examination, and investigation evaluating the release or imminent threat of release to determine the need for a remedy or to execute the remedy upon given verbal notice, and after presenting official identification to the owner or operator. The Secretary or other authorized person gaining access under this section, if requested in advance, shall split a sample with the operator, or person in charge of the facility. If any analysis is made of the samples, a copy of the results of the analysis may be furnished to the owner, operator, or person in charge.

(b) If the Secretary determines that:

(1) An emergency exists that requires immediate action to protect public health or welfare or the environment; and

(2) The operator is unwilling or unable to take such immediate action, the Secretary, or his or her authorized employees or agents, without court order, may enter upon a facility and take any immediate action necessary to abate the emergency notwithstanding the provisions of § 9107(e) of this title.
7 Del. C. § 521 — Delaware Code / Title 7 / Chapter 5 / Subchapter I / Section 521
§ Â
        521. Public lands use fees; blind site permit; conservation access pass.
Status: in_force

(a) Whoever utilizes a blind site on public lands managed by the Division of Fish and Wildlife and included in the Division’s lottery program for the purposes of hunting waterfowl or deer shall pay an annual blind site permit fee of $20. This fee is hereby waived for hunters participating in Division of Fish and Wildlife designated youth hunting days.

(b) Notwithstanding paragraph (b)(1) of this section, a conservation access pass that serves as a permit is required for any registered motor vehicle as defined in Title 21 used to access public lands owned or managed by the Division of Fish and Wildlife for any, as determined by the Department, allowable activity. Such pass shall be displayed by the motor vehicle operator on or within said vehicle in a manner as specified by the Department. Such pass shall be assigned and limited to a single, specified registered motor vehicle, and may be transferred to another registered motor vehicle of same ownership for a fee of $10 paid to the Department.

(1) A conservation access pass shall not be required to access:

a. The Michael Castle Trail and those associated direct access roads and parking areas designated by the Department within the C&D Canal Conservation Area.

b. Those fishing or boating access areas, educational facilities, or shooting range facilities designated by the Department.

c. Applicable lands leased from the Department, provided access is for the purpose for which such lands are leased.

d. Other areas designated by the Department.

(2) An annual conservation access pass shall be issued free of charge with resident and nonresident general hunting licenses, resident and nonresident hunting guide licenses, and nonresident 3-day small game hunting licenses.

(3) The following conservation access pass fees shall be paid to the Department or its duly authorized agents:

a. $32.50 for a resident annual pass.

b. $10 for a resident 3-day pass valid for 3 consecutive days.

c. $65 for a nonresident annual pass.

d. $20 for a nonresident 3-day pass valid for 3 consecutive days.

e. A Delaware resident who is 65 years of age or older may pay a 1-time fee of $65, which will permit the resident access to any public lands permitted under this section for the lifetime of the resident provided the applicant provides proof of age at the time such application is made.

(c) All funds received from the purchase of conservation access passes shall be deposited and administered in accordance with §§ 105 and 107 of this title solely for wildlife-associated user access facilities and projects on and the management and maintenance of subject public lands.
7 Del. C. § 6305 — Delaware Code / Title 7 / Chapter 63 / Subchapter I / Section 6305
§ Â
        6305. Regulations [For application of this section, see 85 Del. Laws, c. 42, Â 10].
Status: in_force

(a) The Secretary shall, after notice and public hearing, promulgate and revise as appropriate:

(1) a. Criteria, consistent with those promulgated by the United States Environmental Protection Agency under § 3001 of the Resource Conservation and Recovery Act of 1976, Pub. L. 94-580 [42 U.S.C. § 6921], for identifying the characteristics of hazardous waste and for listing hazardous waste; and

b. Regulations identifying the characteristics of hazardous waste and listing particular hazardous wastes (within the meaning of paragraph (8) of § 6302 of this title based on the criteria promulgated in paragraph (a)(1)a. of this section;

(2) Regulations for the transport, storage, treatment and disposal of hazardous waste, including regulations regarding contingency plans for effective action to minimize unanticipated damage from the transport, treatment, storage or disposal of such hazardous waste and regulations prescribing conditions and time periods upon which generators may accumulate hazardous wastes on site without a permit and such other regulations as are necessary to assure that substances identified or listed under paragraph (a)(1) of this section which pass through a sewer system to a publicly owned treatment works are adequately controlled to protect human health and the environment;

(3) Regulations setting forth requirements for approval or permit applications and specifying the terms and conditions, including duration and schedules of compliance, under which the Department shall issue, modify, review, suspend, revoke or deny such approvals or permits as may be required by this chapter and regulations providing that permits issued after November 8, 1984, or regulations which, in the case of interim status facilities under § 6307(g) of this title, require corrective action both on site and beyond the facility boundary, if necessary to protect human health and the environment, for releases of hazardous waste or constituents from any solid waste management unit at a facility seeking a permit under this chapter, regardless of when the waste was placed in the unit. Such permits shall contain schedules of compliance for corrective action (where such corrective action cannot be completed prior to issuance of the permit) and assurances of financial responsibility for completing the corrective action, and, in addition, regulations relating to qualifying for and termination of interim status under § 6307(g) of this title;

(4) Regulations establishing standards and procedures for the safe operation and maintenance of hazardous waste transfer, treatment, storage and disposal facilities or sites, including requirements for closing, long-term care and termination of transfer, treatment, storage and disposal facilities or sites and regulations regarding the prohibition of disposal of nonhazardous liquids in hazardous waste disposal facilities except upon such terms and conditions as the Secretary may prescribe. The Secretary may, where appropriate, establish separate standards for new and existing sites. Requirements may be adopted under this paragraph applicable to facilities and sites closed prior to July 11, 1980, which requirements shall be applicable to former and present owners and operators, as may be deemed appropriate;

(5) Regulations specifying those hazardous wastes which are not compatible, and which may not be stored or disposed of together without appropriate prior treatment to make them compatible;

(6) Regulations establishing procedures and requirements for the reporting of the generation, storage, transportation, treatment or disposal of hazardous wastes;

(7) Regulations establishing standards and procedures for the training of personnel engaged in treatment, storage or disposal activities at hazardous waste sites or facilities;

(8) Regulations establishing procedures and requirements for the use of a manifest during the transport of hazardous wastes and during such other phases of hazardous waste management as the Secretary deems necessary;

(9) Regulations which may provide for a reasonable schedule of fees for payment to the Department by hazardous waste transporters and owners of treatment, storage, or disposal facilities or sites to defray the cost of administering this chapter. Any fees collected under this paragraph shall be appropriated to the Department for purposes of administering this chapter;

(10) Regulations which prescribe:

a. The establishment and maintenance of such records, including period of retention;

b. The making of such reports;

c. The taking of such samples and the performing of such tests or analyses;

d. The installing, calibrating, using and maintaining of such monitoring equipment or methods; and

e. The providing of such other information as may be necessary to achieve the purposes of this chapter;

(11) Regulations setting forth criteria regarding the level of financial responsibility required for hazardous waste management facilities and criteria pertaining to appropriate measures for preventing damage to public health, safety and the environment under § 6307(h)(2) of this title and regulations requiring evidence of financial responsibility to assure adequate resources for corrective action both on and off site;

(12) Regulations regarding the reuse, recycling and reduction of hazardous waste including regulations prohibiting the use of waste oil or other materials contaminated with hazardous waste as a dust suppressant and regulations pertaining to fuel containing hazardous waste and all persons who produce, burn, distribute and market fuel containing hazardous waste;

(13) Regulations, applicable to generators of hazardous waste, as may be necessary to protect human health and the environment, including regulations on recordkeeping practices to identify the types, quantities and constituents of hazardous waste generated and the disposition of those wastes; regulations on use of appropriate containers for hazardous waste; regulations regarding the furnishing of information of the chemical composition of hazardous waste to persons involved in the management of such hazardous waste; regulations on the use of a manifest system by generators; regulations on submission of reports to the Secretary regarding quantities and disposition of hazardous waste generated during a particular period;

(14) Regulations regarding pre-operation review and inspection of hazardous waste management facilities;

(15) Regulations regarding location, design, construction and remedial action standards for hazardous waste management facilities;

(16) Regulations regarding such public notice and hearing requirements and other related matters as may be deemed necessary to maintain equivalence of the State’s program under the Resource Conservation and Recovery Act of 1976, Pub. L. 94-580 [42 U.S.C. § 6901 et seq.], including requirements for public notice of draft permits, for public comment periods and requests for hearings and for informal hearings. Regulations relating to permit applications must include requirements that conform to the requirements of § 8032 of Title 29.

(b) In complying with this section, the Secretary may consider the variations within the State in geology, population density and such other facts as may be relevant to the management of hazardous wastes.

(c) The Secretary, in consultation with the Commission and after notice and public hearings, shall issue regulations for the transportation, containerization and labeling of hazardous wastes. Such regulations shall be consistent with and no more stringent than applicable rules or regulations issued by the United States Environmental Protection Agency and Department of Transportation, and consistent with and no more stringent than any other regulations issued pursuant to this chapter and the Hazardous Materials Transportation Act of 1979, §§ 8223-8230 of Title 29.
7 Del. C. § 928 — Delaware Code / Title 7 / Chapter 9 / Section 928
§ Â
        928. Interstate transfer of finfish.
Status: in_force

(a) No person who catches food fish outside the jurisdictional boundaries of the State shall land and/or transfer said food fish from said person’s vessel to a shore or any facility located in the State for the purpose of transporting, selling, packing and/or processing said food fish, except for taxidermy purposes, unless said person has been issued by the Department a valid commercial food fishing license in accordance with § 913 and § 914 of this title.

(b) Any person who catches food fish outside the jurisdictional boundaries of the State and then has said food fish transported into this State by means other than by a vessel for the purpose of transporting, selling, packing and/or processing said food fish shall not be required to acquire a commercial food fishing license from the Department.
7 Del. C. § 710 — Delaware Code / Title 7 / Chapter 7 / Subchapter I / Section 710
§ Â
        710. Use of silencer on firearm or airgun; penalty.
Status: in_force

Whoever uses a silencer or noise-reducing contrivance on any firearm or airgun when hunting for game or fowl, shall be guilty of a class C environmental violation.
7 Del. C. § 6804 — Delaware Code / Title 7 / Chapter 68 / Section 6804
§ Â
        6804. Privately owned beaches.
Status: in_force

The authority of the Department to prevent and repair damages from erosion shall extend to privately owned beaches whenever, in the judgment of the Governor, a dangerous condition constituting an emergency exists in a location specified by the Governor. Before taking any action with respect to a privately owned beach, the Department shall, whenever practicable, give reasonable notice to the owner thereof that a condition of potential emergency must be corrected, and wait a reasonable period of time for the owner to correct the matter. If the owner does not correct the matter, the Department shall do so. The owner shall be liable for all expenses incurred by the Department in correcting a condition of potential emergency.
7 Del. C. § 4136 — Delaware Code / Title 7 / Chapter 41 / Subchapter III / Section 4136
§ Â
        4136. Action by Superior Court; notice of final hearing.
Status: in_force

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

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

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

(d) In those cases, when all of the landowners involved have indicated by signed statement that they are familiar with the report of the board of ditch commissioners and that they favor the formation of the tax ditch, and if the report of a majority of the board of ditch commissioners is in favor of the formation of the proposed tax ditch, and if the statement attached to the report indicates that the total benefits that will result from the tax ditch will exceed the total cost of the proposed tax ditch works of improvement, then the Superior Court shall not hold a final hearing, nor give notice thereof, but shall confirm the report and issue an order granting the petition for the formation of the proposed tax ditch, the order to become effective immediately, and to be known as the ditch order. The confirmed report shall be considered a part of the ditch order.
7 Del. C. § 7403A — Delaware Code / Title 7 / Chapter 74A / Section 7403A
§ Â
        7403A. Referenced standards.
Status: in_force

(a) The Department shall study and consider the recommendations and standard procedures of the following organizations in developing the regulations required by this chapter:

(1) The National Fire Protection Association (NFPA);

(2) The American Petroleum Institute (API);

(3) The National Association of Corrosion Engineers (NACE);

(4) The Underwriters Laboratories (UL);

(5) The American Society for Testing and Materials (ASTM);

(6) The Petroleum Equipment Institute (PEI);

(7) The Steel Tank Institute (STI); and

(8) Any other organization that has similar standards and has been determined by the Secretary to be relevant and appropriate.

(b) Owners and installers are strictly liable for any failure to install any new aboveground storage tank in accordance with the standards of this chapter and regulations promulgated pursuant to this chapter. Aboveground storage tanks shall be installed in accordance with the standards of this chapter and regulations promulgated by the Department.
7 Del. C. § 6212 — Delaware Code / Title 7 / Chapter 62 / Section 6212
§ Â
        6212. Adjudication by Secretary.
Status: in_force

In lieu of any action under § 6211(a) or (b) of this title, the claimant may elect to submit his or her claim to the Secretary for adjudication, that election to be irrevocable and exclusive.
7 Del. C. § 6215 — Delaware Code / Title 7 / Chapter 62 / Section 6215
§ Â
        6215. Subrogation.
Status: in_force

Any person or governmental entity who shall pay compensation to any claimant for an economic loss, compensable under § 6207(a) of this title, shall be subrogated to all rights, claims and causes of action which that claimant has under this chapter.
7 Del. C. § 566 — Delaware Code / Title 7 / Chapter 5 / Subchapter V / Section 566
§ Â
        566. License to operate preserve; fee; term; renewal; regulations of Department.
Status: in_force

The Department, upon payment to it of a fee of $39.50, may issue annual licenses, good for 1 calendar year, renewable annually in the discretion of the Department for a like period, upon payment of a like fee, to persons, clubs or associations, authorizing the holders thereof to carry on, pursuant to regulations issued by the Department in furtherance of the purposes of this subchapter, propagating, holding, raising, releasing and shooting of rabbits and game birds, such as but not limited to pheasant, grouse, quail and partridge, hereinafter sometimes referred to individually or collectively as game.
7 Del. C. § 7102A — Delaware Code / Title 7 / Chapter 71A / Section 7102A
§ Â
        7102A. Standards for state-funded outdoor lighting fixtures.
Status: in_force

(a) An outdoor lighting fixture may be designed, installed or replaced using state funds only if:

(1) The new or replacement outdoor lighting fixture is a cutoff luminaire if the rated output of the outdoor lighting fixture is greater than 1,800 lumens;

(2) The minimum illuminance adequate for the intended purpose is used with consideration given to nationally recognized standards;

(3) For lighting of a designated highway of the state highway system, the Department of Transportation determines that the purpose of the outdoor lighting fixture cannot be achieved by the installation of reflective road markers, lines, warning or information signs, or other effective passive methods; and

(4) Full consideration has been given to the Department of Transportation’s Traffic Lighting Policy, energy conservation, reducing glare, minimizing light pollution, and preserving the natural night environment.

(b) For purposes of paragraph (a)(4) of this section, “energy conservation” means reducing energy costs and resources used and includes using a light with lower wattage or a timer switch.

(c) Subsection (a) of this section does not apply if:

(1) A federal law, rule, or regulation preempts state law;

(2) The outdoor lighting fixture is used on a temporary basis because emergency personnel require additional illumination for emergency procedures;

(3) The outdoor lighting fixture is used on a temporary basis for nighttime work;

(4) Special events or situations require additional illumination;

(5) The outdoor lighting fixture is used solely to enhance the aesthetic beauty of an object;

(6) A compelling safety interest exists that cannot be addressed by another method;

(7) The new or replacement outdoor lighting fixture is to be installed and operated on roadways and supporting interchanges that are classified by the Department of Transportation’s Functional Classification Maps as interstate or other freeway/expressways within the urbanized boundaries and other principal arterials that are designed to interstate or freeway/expressway standards in nonurbanized areas; or

(8) As to maintenance of existing lighting systems, the change to a cutoff luminaire would require the redesign and reconstruction of the system to compensate for the different lighting characteristics of these fixtures.

(d) Special events or situations that may require additional illumination include sporting events and illumination of monuments, historic structures, or flags. Illumination for special events or situations must be installed to shield the outdoor lighting fixtures from direct view and to minimize upward lighting and light pollution.
7 Del. C. § 7716 — Delaware Code / Title 7 / Chapter 77 / Section 7716
§ Â
        7716. Appeals.
Status: in_force

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

(b) Any person or persons, jointly or severally, or any taxpayer, or any officer, department, board or bureau of the State, aggrieved by any decision of the Environmental Appeals Board, may appeal to the Superior Court in accordance with § 6009 of this title.
7 Del. C. § 1703 — Delaware Code / Title 7 / Chapter 17 / Section 1703
§ Â
        1703. License for special dog training area; requirements.
Status: in_force

Upon application of any club or organization having 20 or more members who are citizens of this State, or upon application of 20 or more citizens of this State, and the payment of an annual registration fee of $10, the Department may issue a license authorizing the establishment and maintenance by such club, organization of citizens, on land owned by them, or over which they have legal control, of a special dog training area wherein and whereon dogs may be trained at any time during the year. No such dog training area shall be less than 100 acres, nor more than 250 acres.
7 Del. C. § 7507A.  — Delaware Code / Title 7 / Chapter 75 / Section 7507A. 
§ Â
        7507A. . Open space: criteria, evaluation, and permanent protection.
Status: in_force

(a) To be eligible for permanent protection, an area of land must include or exhibit, in whole or in part, 1 or more of the following criteria:

(1) Contains rare species, as determined by on-site verification conducted with landowner permission which is provided in writing.

(2) Has significant potential to support rare species.

(3) Is a cultural resource site or near a cultural resource site.

(4) Includes or enhances important wildlife habitat or migration corridors, or potential wildlife habitat or migration corridors.

(5) Has significant forest resources.

(6) Has wetlands, floodplains, or other lands necessary for the protection of water resources.

(7) Contains significant or unique ecosystems, natural features, or geological features.

(8) Is an inholding, contiguous to or near lands that are already preserved or protected, or planned to be preserved or protected, by federal, state, local, or other conservation agencies, groups, or entities.

(9) Provides for public outdoor recreation.

(10) Allows natural systems or plants and animals to accommodate or adapt to climate change or other large-scale changes in ecosystem processes.

(11) Possesses other characteristics that would make its acquisition consistent with and promote 1 or more of the purposes of this chapter.

(b) Evaluating lands being considered for permanent protection.

(1) The state agencies shall adopt, with the input of the Council and after notice and public hearing pursuant to Chapter 101 of Title 29, guidelines to evaluate land being considered for permanent protection.

(2) The state agencies may amend the guidelines, following the procedure set forth in paragraph (b)(1) of this section.

(3) The state agencies shall use the guidelines to evaluate lands that a landowner has offered for permanent protection to ensure that the land should be permanently protected and that permanently protecting the land furthers the purposes of this chapter.

(c) Protected land maps. —

The Department shall regularly update and make accessible to the public through electronic means maps of the land which is permanently protected in each of the 3 counties in this State.

(1) The protected land maps shall show the land protected by public entities and private land preservation organizations.

(2) The purpose of the protected land maps is to do all of the following:

a. Inform the public of the lands which are permanently protected by public entities and private land preservation organizations.

b. Guide the Council and state agencies in the review and evaluation of land for permanent protection.

c. Inform the public and guide the Council and state agencies about where the Council and state agencies should prioritize the use of funds available for the Open Space Program to further the purposes of this chapter.

(3) The Department shall highlight on the protected land maps only those areas of the State which are protected by public entities or that are conserved by private land preservation organizations. The Department may not highlight privately-owned land on a protected land map.

(d) Permanent protection of land. —

To permanently protect land, all of the following shall occur:

(1) The Council shall do all of the following:

a. Review land that the state agencies bring before it for permanent protection.

b. Recommend to the Secretary the land that the Council determines should be permanently protected.

(2) The Secretary shall review the Council’s recommendation and make a final determination whether to permanently protect the land that the Council has recommended under paragraph (d)(1)b. of this section.
7 Del. C. § 4513 — Delaware Code / Title 7 / Chapter 45 / Section 4513
§ Â
        4513. Prohibitions against leasing of oyster beds.
Status: in_force

Nothing in this chapter shall be construed as authorizing or empowering the Department of Natural Resources and Environmental Control to lease any land which is used as an oyster plantation, oyster bed or oyster bottom, nor shall the Department demise any land, the use of which would affect any adjacent oyster plantation, bed or bottom in the planting, propagation, catching or taking of oysters.
7 Del. C. § 110 — Delaware Code / Title 7 / Chapter 1 / Section 110
§ Â
        110. Disbursements.
Status: in_force

All disbursements made by the Department for salaries, expenses and other purposes, as are by law permitted, shall be paid by the State Treasurer, to the extent there is money legally available to the Department, upon vouchers issued by the proper officers, designated by the Department, and approved by the Auditor of Accounts.
7 Del. C. § 6901 — Delaware Code / Title 7 / Chapter 69 / Section 6901
§ Â
        6901. Definitions.
Status: in_force

As used in this chapter, unless the context otherwise requires:

(1) “Conservation easement” means a nonpossessory interest of a holder in real property imposing limitations or affirmative obligations, the purposes of which include retaining or protecting natural, scenic or open-space values of real property, assuring its availability for agricultural, forest, recreational or open-space use, protecting natural resources, fish and wildlife habitat, rare species and natural communities maintaining or enhancing air or water quality or preserving the historical, architectural, archaeological or cultural aspects of real property.

(2) “Holder” means:

a. A governmental body empowered to hold an interest in real property under the laws of this State or of the United States; and

b. A charitable corporation, charitable association or charitable trust, the purposes or powers of which include retaining or protecting the natural, scenic or open-space values of real property, assuring the availability of real property for agricultural, forest, recreational or open-space use, protecting natural resources, maintaining or enhancing air or water quality, or preserving the historical, architectural, archaeological or cultural aspects of real property.

(3) “Third-party right of enforcement” shall mean a right provided in a conservation easement to enforce any of its terms and which is granted to a governmental body, charitable corporation, charitable association or charitable trust which, although eligible to be a holder, is not a holder.
7 Del. C. § 7401A — Delaware Code / Title 7 / Chapter 74A / Section 7401A
§ Â
        7401A. Purpose.
Status: in_force

The General Assembly finds and declares that the containment of petrochemicals, petroleum, petroleum products, hazardous chemicals, hazardous substances, hazardous waste and similar regulated substances in aboveground storage tanks is emerging as a cause of soil, air, surface water and groundwater contamination in the State; that the State’s surface water and groundwater resources are vital to the population and economy of the State; that millions of gallons of petroleum and hazardous substances are stored in aboveground storage tanks; that releases of stored, regulated substances are occurring in a significant number of these tanks due to corrosion, structural defect, inadequate maintenance and repair, or improper installation; and that it is therefore necessary to provide for more stringent control of the installation, operation, retrofitting, maintenance, repair, abandonment and/or removal of aboveground storage tanks to prevent releases, and, where releases occur, to detect and remediate them at the earliest possible stage, thus minimizing further degradation of soil, air, surface water and groundwater and promoting public safety. The Department is hereby granted the authority to and shall promulgate standards and regulations to ensure the protection of human health and the environment and to provide for best management practices for aboveground storage tanks.
7 Del. C. § 5101 — Delaware Code / Title 7 / Chapter 51 / Section 5101
§ Â
        5101. Memorial cemetery.
Status: in_force

The public lands hereinafter described are set aside and designated as a memorial cemetery for the burial of sailors and shall be maintained solely for that purpose. The cemetery shall be known as the Unknown Sailors’ Cemetery and shall include the following described lands:

Beginning at a point on the north edge of the State Highway leading from the Town of Lewes towards the old Henlopen Lighthouse Reservation, said point being 171 feet east from the lines of Lewes Coast Guard Station and corner for lands in possession of Louis L. Paynter, and thence running along and with one line of said lands 577 feet to a point at high water mark on Delaware Bay, thence along the high water mark of said Bay southeast 350 feet to a point corner for land leased to the Lewes Fertilizer Company, now in possession of Smith Meal Company, thence along and with one line of said lands southwest 568 feet to a point in the north edge of the above described highway, thence along and with the north edge of said Highway 385 feet home to the place of beginning.
7 Del. C. § 542 — Delaware Code / Title 7 / Chapter 5 / Subchapter III / Section 542
§ Â
        542. License requirement.
Status: in_force

(a) A person must obtain an annual license before engaging in the business or industry of breeding game animals or game birds.

(b) This section shall not apply to birds or animals raised by or for the Department, or to any person engaged in the breeding of game animals or game birds the total of which shall not exceed 25 in number.
7 Del. C. § 719 — Delaware Code / Title 7 / Chapter 7 / Subchapter I / Section 719
§ Â
        719. Discharge of firearms or projectile weapons on or near public roads and public rights-of-way; penalty.
Status: in_force

(a) No person, except in lawful self-defense, shall discharge any firearm or projectile weapon while on or within 15 yards of a public road or right-of-way unless it is a road or right-of-way within an area controlled by the Department of Natural Resources and Environmental Control, the Department of Agriculture of the State or the United States Department of the Interior and is designated by the respective department as an area open to hunting or trapping.

(b) No person shall shoot at any wild bird or wild animal while it is on a public road, nor shall any person shoot across a public road or right-of-way at any wild bird or wild animal.

(c) Whoever violates this section shall be guilty of a class C environmental violation.
7 Del. C. § 911 — Delaware Code / Title 7 / Chapter 9 / Section 911
§ Â
        911. Scientific permit; issuance; information; expiration; report; equipment marking and identification requirements.
Status: in_force

(a) For purposes that are scientific or for the propagation of finfish, the Director may issue a scientific permit to any scientific or educational institution, consultant, organization and/or person enabling them to fish, possess and/or transport finfish into or from the tidal waters of this State by the use of fishing equipment and/or methods, during times, and at certain locations, that would normally be considered illegal according to this chapter or any Department regulations.

(b) Prior to the issuance of a scientific permit the applicant shall provide the Director with all the information that is requested by any application supplied by the Division to said applicant.

(c) Each scientific permit shall expire on the date set forth in the permit, or on the last day of the calendar year during which the permit was issued, whichever date is earliest.

(d) Each applicant that is issued a scientific permit shall file an information report with the Director within 30 days after the expiration date of said permit. The content of said report shall be determined by the Director at the time the scientific permit is issued.

(e) Each applicant that is issued a scientific permit shall comply with the marking requirements that are set forth in § 920 of this title.

(f) Each applicant that is issued a scientific permit shall be assigned an identification number by the Division and this number shall be attached and maintained in a legible manner on the fishing equipment in the same manner that is required of fisher under § 921 of this title.

(g) Each applicant that is issued a scientific permit shall not be classified a commercial finfisherman for purposes of this chapter, or any Department regulation, provided that the applicant submits all reports to the Director that are required by this chapter and any Department regulation promulgated pursuant to this chapter or any permit condition.
7 Del. C. § 7004 — Delaware Code / Title 7 / Chapter 70 / Section 7004
§ Â
        7004. Uses allowed by permit only; nonconforming uses.
Status: in_force

(a) Except for heavy industry uses, as defined in § 7002 of this title, manufacturing uses not in existence and in active use on June 28, 1971, are allowed in the coastal zone by permit only, as provided for under this section. Any nonconforming use in existence and in active use on June 28, 1971, shall not be prohibited by this chapter and all expansion or extension of nonconforming uses, as defined herein, and all expansion or extension of uses for which a permit is issued pursuant to this chapter, are likewise allowed only by permit. Expansions or extensions shall be subject to the permit requirements outlined in this section and the process outlined in § 7005 of this title. The conversion of a heavy industry use site to an alternative or additional heavy industry use is allowed only by a conversion permit issued pursuant to § 7014 of this title. The conversion of a heavy industry use site to a bulk product transfer facility is allowed only through a conversion permit issued under § 7014 of this title. Provided, that no permit may be granted under this chapter unless the county or municipality having jurisdiction has first approved the use in question by zoning procedures provided by law.

(b) In passing on permit requests, the Secretary of the Department of Natural Resources and Environmental Control and the State Coastal Zone Industrial Control Board shall consider the following factors:

(1) Environmental impact, including but not limited to, probable air and water pollution likely to be generated by the proposed use under normal operating conditions as well as during mechanical malfunction and human error; likely destruction of wetlands and flora and fauna; impact of site preparation on drainage of the area in question, especially as it relates to flood control; impact of site preparation and facility operations on land erosion; effect of site preparation and facility operations on the quality and quantity of surface, ground and subsurface water resources, such as the use of water for processing, cooling, effluent removal, and other purposes; in addition, but not limited to, likelihood of generation of glare, heat, noise, vibration, radiation, electromagnetic interference and obnoxious odors.

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

(3) Aesthetic effect, such as impact on scenic beauty of the surrounding area.

(4) Number and type of supporting facilities required and the impact of such facilities on all factors listed in this subsection.

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

(6) County and municipal comprehensive plans for the development and/or conservation of their areas of jurisdiction.
7 Del. C. § 514 — Delaware Code / Title 7 / Chapter 5 / Subchapter I / Section 514
§ Â
        514. Tagging metal traps; obtaining tags; violation and penalty.
Status: in_force

(a) No person shall set or make use of any kind of a metal trap whatsoever, except for the purpose of taking muskrats, without having first placed a metallic plate or tag on each trap, bearing in plain English the words “Trapping License, Delaware,” and in addition thereto the number of the trapping license issued to the owner of the traps and the year of issuance thereof.

(b) The Department shall furnish upon application to any person who has secured a license in this State, or to any person who is entitled to trap without a license, not more than 25 suitable tags free of charge, and shall furnish upon application, additional tags at cost. Such tags shall be used only by the person to whom issued and shall not be transferable.

(c) Whoever sets or makes use of a metal trap, except for the purpose of taking muskrats, without having first placed a metallic plate or tag on each metal trap in accordance with this section, shall be guilty of a class D environmental misdemeanor for each offense, and in addition thereto shall forfeit to the Department each trap so set or made use of, and such traps shall be disposed of as the Department directs.
7 Del. C. § 7216 — Delaware Code / Title 7 / Chapter 72 / Section 7216
§ Â
        7216. Interference with Department personnel.
Status: in_force

No person shall obstruct, hinder, delay or interfere with, by force or otherwise, the performance by Department personnel of any duty under this chapter, or any rule or regulation or order or permit or decision, promulgated or issued thereunder.
7 Del. C. § 1912 — Delaware Code / Title 7 / Chapter 19 / Section 1912
§ Â
        1912. Penalties.
Status: in_force

(a) Any person who violates any of the provisions of Chapters 19, 21, 23, 24, 25 and 28 of this title, except §§ 1910, 1911, 2306, 2506, 2509 of this title, or any rules or regulations adopted pursuant thereto except those adopted under the auspices of Chapter 20 of this title, shall be guilty of a class D environmental violation. Justice of the Peace Courts shall have jurisdiction over all offenses under this section.

(b) Any person convicted of violating any of the provisions of Chapters 19, 21, 23, 24, 25, 26 and 28 of this title, or any rules or regulations adopted pursuant thereto, may have, upon the recommendation to the Secretary by the majority of the Council on Shellfisheries and/or at the discretion of the Secretary, any licenses or permits issued to the person revoked for a term to be determined by the Department.
7 Del. C. § 4705 — Delaware Code / Title 7 / Chapter 47 / Subchapter I / Section 4705
§ Â
        4705. Licensing agents; service charge; regulations.
Status: in_force

(a) The Department may authorize as many qualified persons as licensing agents as it deems necessary to effectuate the efficient distribution of state park permits.

(b) Licensing agents may add a service charge to the required fee for a state park permit, provided the service charge does not exceed $2.50 for an annual permit or daily permit book or $5.00 for a surf fishing vehicle permit. Such service charges, if imposed, shall be posted by the licensing agent and shall be clearly visible to prospective purchasers.

(c) The Secretary may adopt, amend, modify or repeal rules and regulations to effectuate the policy and purpose of this section.
7 Del. C. § 6053 — Delaware Code / Title 7 / Chapter 60 / Subchapter III / Section 6053
§ Â
        6053. Universal recycling.
Status: in_force

The goal of universal recycling is to create an economy of scale wherein a dramatic increase in Delaware’s diversion of recyclables occurs in the most cost effective manner achievable while simultaneously creating job opportunities and significantly reducing Delaware’s rate of waste disposal.

Universal recycling shall be implemented in accordance with the following provisions:

(1) Effective no later than September 15, 2011, the Authority shall cease providing curbside recycling services, including yard waste collection, and all persons providing solid waste collection services in the State shall also provide:

a. Single-stream curbside recycling collection services to all of their Delaware single-family residential customers, including delivery of a container for the purpose of storage and collection of recyclables that is adequately sized for the customers use such that recycling is encouraged and disposal of recyclables is discouraged; and the recyclables collection service shall be provided at a frequency of not less than once every other week.

b. Source-separated recycling collection services to dealers who provide on-premise sales, including delivery of a recyclables container that is adequately sized for the premise being served and a frequency of recyclables collection that shall preclude the recycling containers from overflowing and otherwise causing a nuisance.

c. All single-family residential and on-premise sales customers with a single charge for the collection of waste and recyclables on their “waste services” bill that is inclusive of the combined waste and recycling collection service costs. Local governments that do not presently bill separately for the costs of waste collection are exempt from this requirement.

d. Notification to all customers that the single-stream recycling service will be provided and instructions on participation prior to September 15, 2011.

(2) Effective no later than January 1, 2013, all persons providing solid waste collection services in the State shall provide:

a. Single-stream recycling collection services to all of their Delaware multi-family residential customers, including providing the multi-family complex with an appropriately sized and centrally located recyclables collection container or containers for the complex being served and ideally in the same proximity as the complex’s waste disposal containers. Local governments may require multi-family complex owners to provide their own recyclable collection containers consistent with local requirements.

b. Notification to the multi-family complex management that the single-stream recycling service, including instructions on participation, will be provided.

c. A frequency of recyclables collection that shall preclude the recycling containers from overflowing and otherwise causing a nuisance.

d. Written justification to the Department for not providing multi-family recycling collection services where the physical constraints of the site prevent the placement of both trash and recycling containers. Exclusion from multi-family recycling is subject to Department review and approval.

(3) Owners of multi-family complexes must, at least once per calendar year, provide residents with instructions on participating in the complex’s recycling program.

(4) The Recycling Public Advisory Council shall issue a report to the Governor and the General Assembly no later than November 1, 2012, with recommendations regarding the implementation of universal recycling in the commercial sector. It is the express requirement of this legislation that universal recycling be adopted by the commercial sector and that all commercial businesses actively participate in a comprehensive recycling program no later than January 1, 2014.

(5) Persons who choose to transport and deliver the solid waste and recyclables they generated on their own property for proper disposal or to a recycling facility of their choice respectively shall not be affected by this subchapter and may continue in this practice.

(6) Nothing shall impair the ownership of recyclable materials by the generator unless and until such materials are placed at curbside or similar location for collection and recycling, and nothing in this chapter shall be construed to prevent any person from collecting, transporting, processing, and marketing recyclable materials in competition with other persons in the same business, including the Authority, provided that the requirements of this subchapter are satisfied.

(7) Persons engaging in the collection, transportation, processing, or marketing of source separated recyclable materials shall conduct such activities in a manner that the source separated recyclable materials enter the marketplace and are otherwise not disposed via a landfill or by incineration.
7 Del. C. § 6010 — Delaware Code / Title 7 / Chapter 60 / Subchapter II / Section 6010
§ Â
        6010. Rules and regulations; plans.
Status: repealed

(a) The Secretary may adopt, amend, modify or repeal rules or regulations, or plans, after public hearing, to effectuate the policy and purposes of this chapter. No such rule or regulation shall extend, modify or conflict with any law of this State or the reasonable implications thereof.

(b) The Secretary shall formulate, amend, adopt and implement, after a public hearing, a statewide comprehensive water plan for the immediate and long-range development and use of the water resources of the State.

(c) The Secretary may formulate, amend, adopt and implement, after public hearing, a statewide air resources management plan to achieve the purpose of this chapter and comply with applicable federal laws and regulations. Any implementation plan in effect at the time of enactment of this chapter shall continue to be in effect unless amended or repealed by the Secretary.

(d) The Secretary may formulate, amend, adopt and implement, after public hearing, a statewide water pollution management plan to achieve the purposes of this chapter and comply with applicable federal laws and regulations. Any implementation plan in effect at the time of the enactment of this chapter shall continue to be in effect unless amended or repealed by the Secretary.

(e) The Secretary shall formulate, amend, develop and implement, after public hearing, a State solid waste plan in accordance with the requirements of subtitle D of the Resource Conservation and Recovery Act of 1976 (P.L. 94-580) as amended [42 U.S.C. § 6941 et seq.], and any regulations thereunder, hereafter referred to as RCRA: Provided, however, that such plan shall be formulated in coordination with the Delaware Solid Waste Authority and shall include provisions of the statewide solid waste management plan adopted by the Delaware Solid Waste Authority pursuant to § 6403(j) of this title which reflect the applicable functions and activities of the Delaware Solid Waste Authority under Chapter 64 of this title.

(f) The Secretary:

(1) Shall approve the allocation and use of water in the State on the basis of equitable apportionment;

(2) Shall approve all new plans and designs of all impounding water facilities by any state, county, municipal, public or private water user within the State pursuant to subchapter V of this chapter; and

(3) May require reports from all Delaware water users as to a description of their water facilities, and past and present records of water use.

(g) (1) The Secretary, after notice and public hearing, shall promulgate regulations containing criteria for determining which facilities shall be classified as sanitary landfills and which shall be classified as open dumps within the meaning of this chapter. At a minimum such criteria shall provide that a facility may be classified as a sanitary landfill and not an open dump only if there is no reasonable probability of adverse effects on health or the environment from disposal of solid waste at such facility. Such regulations may provide for the classification of the types of sanitary landfills.

(2) On the date as determined under paragraph (g)(3) of this section below, the open dumping of solid waste or hazardous waste and the establishment of new open dumps is prohibited and all solid waste, including solid waste originating in other states but not including hazardous waste, shall be utilized for resource recovery or disposed of in sanitary landfills, within the meaning of this chapter, or otherwise disposed of in an environmentally sound manner, except in the case of any practice or disposal of solid waste under a timetable or schedule for compliance established under paragraph (g)(5) of this section below.

(3) Except as provided in paragraphs (g)(4) and (5) of this section below, the prohibition contained in paragraph (g)(2) of this section above shall take effect on the date of promulgation of regulations containing criteria under paragraph (g)(1) of this section or on the date of approval of the state solid waste plan under § 4007 of RCRA [42 U.S.C. § 6947], whichever is later.

(4) To assist in the formulation of the state solid waste plan, the Secretary, utilizing the criteria adopted pursuant to paragraph (g)(1) of this section above, shall develop and publish an inventory of all disposal facilities or sites in Delaware which are open dumps within the meaning of this chapter. With respect to any active disposal facilities or sites the Secretary shall coordinate the development of the inventory with the Delaware Solid Waste Authority. Prior to publication of the inventory the Secretary shall provide written notice of the proposed open dump designation to the owner and operator of the disposal facility or site which notice shall contain a detailed statement of deficiencies under the criteria adopted pursuant to paragraph (g)(1) of this section above. Upon receipt of notification the owner or operator shall, within 30 days, be entitled to request a public hearing before the Secretary pursuant to § 6006 of this title to challenge the designation; otherwise, the designation shall become a final decision of the Secretary. With 60 days of publication of the open dump inventory, the owner or operator of a disposal facility or site may apply to the Secretary for a timetable or schedule for compliance or closure under paragraph (g)(5) of this section below. During the pendency of any such application and prior to final action and disposition thereon the prohibition set forth in paragraph (g)(3) of this section above shall not apply with respect to that site. Upon application by the owner or operator, a site or facility may be removed from the open dump inventory after a determination by the Secretary that the basis upon which the site was designated as an open dump no longer exists. Any such application to remove a site or facility from the inventory shall be advertised in accordance with § 6004(b) of this title.

(5) All existing disposal facilities or sites for solid waste which are open dumps listed in the inventory under paragraph (g)(4) of this section shall comply with such measures as may be required by the Secretary, consistent with the requirements of RCRA [42 U.S.C. § 6901 et seq.], for closure or upgrading. The Secretary shall establish a timetable or schedule for compliance for such practice or disposal of solid waste which specifies a schedule of remedial measures, including an enforceable sequence of actions or operations, leading to compliance with the prohibition on open dumping of solid waste within a reasonable time (not to exceed 5 years) from the date of publication of criteria under paragraph (g)(1) of this section.

(h) (1) Subject to subsection (f) of this section, the Secretary shall establish procedures for the issuance of water allocation permits which shall be granted concurrently with any license or permit to construct, extend or operate an irrigation well or surface water intake on any farm or farmland in the State. A water allocation permit issued pursuant to this subsection shall reserve the right of the person to whom the permit is issued to utilize up to 20 acre-inches per year, but not more than 10 acre-inches per month.

(2) For the purposes of this subsection:

a. An “acre-inch” of water is the amount of water required to cover 1 acre of land to a depth of 1 inch and is equal in volume to 27,154 gallons of water.

b. An “irrigation well” is an agricultural well which is used exclusively for the watering of lands or crops other than household lawns and gardens.

(i) The Secretary shall waive the requirements of § 6004(b) of this title for irrigation wells if:

(1) The permit application is submitted between and April 1 and October 1, inclusive;

(2) The permit application is to replace an existing irrigation well;

(3) The existing well has a valid allocation permit; and

(4) The replacement well will not exceed allocation permitted amounts.

(j) An emergency circumstance is deemed to exist if a well will replace an existing well and if the Department of Agriculture and/or the Department of Natural Resources and Environmental Control determines that the lack of water or delay in obtaining water poses an immediate and significant danger to the health or welfare of persons or their property, or if 1 or both of the Departments have determined that other exceptional circumstances exist. Verbal approval must be given for the installation of a well if an emergency circumstance exists, provided that:

(1) Within 72 hours after the verbal issuance of a permit number under emergency circumstances, the applicant submits to the Department a well permit application and well completion report, which must include the permit number.

(2) All wells constructed under emergency circumstances must be constructed in conformance with all applicable regulations and officially established policies.

(k) If an emergency circumstance exists when State offices are closed, a well may be constructed, providing that it replaces an existing well and that the Department is notified verbally on the first working day following such action. A well permit application, including the well permit number, the appropriate application fee, and a well completion report must be submitted within 72 hours after notification.

(l) The following persons shall serve on an advisory committee that oversees the agriculture irrigation well procedures:

(1) The Secretary of Agriculture, or the Secretary’s designee;

(2) The Secretary of the Department of Natural Resources and Environmental Control, or the Secretary’s designee;

(3) One person to represent the Delaware Farm Bureau;

(4) One person to represent the Fruit and Vegetable Growers Association of Delaware;

(5) One person who is an irrigation dealer;

(6) One person who is a commercial irrigation well driller;

(7) One person from the University of Delaware Water Resources Agency; and

(8) One person from the Delaware Geological Survey.

The Secretary of Agriculture and the Secretary of the Department of Natural Resources and Environmental Control shall determine that the committee members meet the above descriptions. The Secretary of Agriculture, or the Secretary’s designee, shall serve as the chairperson of the advisory oversight committee.

(m) Notwithstanding any law, regulation, or policy to the contrary, the Secretary may require public hearings required by this section to follow all of the following procedures:

(1) Allow the public in-person attendance and opportunity to give public comment.

(2) May allow the public to virtually attend and give public comment in addition to in-person attendance and public comment.

(3) Allow all persons wanting to give public comment the opportunity to sign up at and during the public hearing to do so.

(4) All public hearings must be properly noticed.

(5) The time allowed for public comment must be 3 minutes unless in the judgment of the presiding hearing officer the number of persons desiring to give public comment is significant and necessitates placing a time limit thereon. In no event shall public comment be limited to less than 1 minute per person.
7 Del. C. § 3911 — Delaware Code / Title 7 / Chapter 39 / Subchapter I / Section 3911
§ Â
        3911. Appeals.
Status: in_force

Any owner of land within the drainage area of the watershed or tax ditch involved, aggrieved by the Department’s action, may appeal to the Superior Court within 30 days after the date of the hearing. The sole grounds for reversal by the Court, sitting without a jury, shall be:

(1) Abuse of the Department’s discretion;

(2) Infringement of constitutional rights; or

(3) The impairment of vested rights of the complainant.

In the event of such appeal, the Department shall be represented by the Attorney General of the State.
7 Del. C. § 4522 — Delaware Code / Title 7 / Chapter 45 / Section 4522
§ Â
        4522. Resident curatorship agreements
Status: in_force

The Department of Natural Resources and Environmental Control, may execute and deliver an agreement that creates a nontransferrable life estate for individuals, or an agreement of up to 30 years in length for corporate or governmental entities, to any historic structure on the public lands of this State, for the renovation, use, and ongoing maintenance of said structure and may place upon the use of such structure any restriction requiring specific commitments or expenditures or may require any other conditions which the Department of Natural Resources and Environmental Control deems advisable for the public good.

(1) The agreement may include use of the curtilage or other areas around the historic structure, including any accessory buildings, sheds, or garages, as may be necessary to properly use the historic structure for its intended purpose.

(2) The structure must be restored to the applicable National Park Service Secretary of Interior Standards where it is deemed feasible by the Department of Natural Resources and Environmental Control.

(3) Chapter 53 of Title 25 of the Delaware Code shall not apply to agreements executed under this section.

(4) Any qualifying expenditures in excess of the fair market value of the rent of the structure and grounds over the expected life of the agreement shall be eligible for land and historic resource tax credits under Chapter 18 of Title 30.

(5) Any interest in the structure created by and agreement under this section shall be insurable up to the total value of the expenditures on the structure, pro-rated for the expected life of the agreement.

(6) The Department of Natural Resources and Environmental Control shall adopt any necessary rules and regulations to implement this section.
7 Del. C. § 7501 — Delaware Code / Title 7 / Chapter 75 / Section 7501
§ Â
        7501. Short title.
Status: in_force

This chapter shall be known and may be cited as the “Delaware Land Protection Act.”
7 Del. C. § 706 — Delaware Code / Title 7 / Chapter 7 / Subchapter I / Section 706
§ Â
        706. Damaging nest, den or lair of protected wildlife or trees, stumps or logs on anotherâs property.
Status: in_force

No person shall needlessly destroy, break or interfere with any nest, den or lair of any bird or animal protected by the laws of this State, or set fire to, burn, bark or in any way mutilate any tree, living or dead, stump or log, on lands of another, without the express consent of the owner or person in charge.
7 Del. C. § 938 — Delaware Code / Title 7 / Chapter 9 / Section 938
§ Â
        938. Creel limits on finfish; exceptions.
Status: in_force

(a) Unless otherwise provided in this chapter, or by regulations promulgated by the Department, or permit issued by the Division, a fisher shall not have in possession at or between the place caught and the fisher’s personal abode or temporary or transient place of lodging more finfish than exceed the following numbers for the species listed:

10 for tautog (Tautoga onitis) or blackfish.

(b) Each finfish of a species in possession that exceeds the number authorized in subsection (a) of this section shall constitute a separate violation.
7 Del. C. § 4135 — Delaware Code / Title 7 / Chapter 41 / Subchapter III / Section 4135
§ Â
        4135. Waiving of commissionersâ hearing and referendum.
Status: in_force

In those cases, when all of the landowners involved, indicate by signed statement that they are familiar with the report of the board of ditch commissioners and that they favor the formation of the tax ditch, the board of ditch commissioners shall not hold a hearing and referendum, pursuant to § 4132 of this title, nor shall they give notice thereof as pursuant to § 4131 of this title, but they shall prepare the statement required and file their report, pursuant to § 4133 of this title, without a certificate of referendum.
7 Del. C. § 7408 — Delaware Code / Title 7 / Chapter 74 / Subchapter I / Section 7408
§ Â
        7408. Inspection and monitoring.
Status: in_force

(a) For the purposes of developing or assisting in the development of any regulation or enforcing this chapter, any owner or operator of any underground storage tank, and any owner of a facility, shall, upon the request of any duly designated officer or employee of the State, furnish information relating to such tanks or contents and permit such person at all reasonable times and in accordance with § 6024 of this title, to have access to, and to copy all records relating to such tanks and to conduct such monitoring as such officer or employee deems necessary. For the purposes of developing or assisting in the development of any regulation or enforcing this chapter, such officer or employee is authorized:

(1) Designate the data which such owner or operator believes is entitled to protection under Delaware’s Freedom of Information Act [Chapter 100 of Title 29]; and

(2) To inspect and obtain samples from any person of such regulated substances and to conduct monitoring of the tanks, contents or surrounding soils. Each such inspection shall be commenced and completed with reasonable promptness.

(b) In submitting data under this chapter, a person required to provide such data may:

(1) Designate the data which such owner or operator believes is entitled to protection under Delaware’s Freedom of Information Act [Chapter 100 of Title 29]; and

(2) Submit such designated data separately from other data submitted under this chapter.

(c) The Department, its contractors and agents, may enter a facility, at reasonable times, upon giving the owner, operator, or real property owner, verbal notice, to investigate if a release has occurred from an underground storage tank system. This includes but is not limited to performing release detection activities as well as sampling soils and groundwater to evaluate whether a release of a regulated substance has occurred.

(d) The Department, its contractors and agents, may enter a facility, at reasonable times, upon giving the owner, operator, or real property owner, written notice, to remove regulated substances from underground storage tanks that are suspected of leaking, or that have been out of service for longer than 12 months, to perform sampling of soil and groundwater to determine the nature and extent of a confirmed release, to determine the need for corrective action, and to perform corrective action.

(e) The Department is authorized to petition the Superior Court for an order for access to real property, to investigate the possibility of underground migration of released regulated substances, from an underground storage tank or facility, to the real property, to control or contain released regulated substances that may be on the real property, and to undertake corrective action on the real property. The Superior Court shall schedule a hearing on the petition, giving due consideration to the immediacy of the facts presented in the petition. The Department shall give the owners of record of the real property notice of the hearing on the petition at least 10 days before the hearing, by hand delivery, by certified U.S. mail to the real property owner’s last known address, or by leaving the notice at the real property. The notice shall be in writing and shall contain a copy of the petition, a description of the real property to be accessed, the actions proposed and expected to be taken by the Department, and the date, time and location of the hearing. For good cause shown, the Superior Court shall grant the petition and order access to the real property in furtherance of the purpose of this chapter and for protection of the environment, for specified actions and goals, and on such terms and conditions, as may be supported by the facts and circumstances presented. This section shall not be construed as impairing in any way the authority of the Department and real property owners from entering into voluntary agreements for access at any time. The liability of responsible parties for costs incurred by the Department includes costs incurred by the Department on real property covered by an order issued under this section.

(f) If the Department determines that an emergency exists that requires immediate action to protect public health, safety, welfare, or the environment, and the owner, operator, or property owner is unwilling, unavailable, or unable to take such immediate action, the Department is authorized to enter upon a facility and adjacent or related real property and take any immediate action necessary to abate the emergency.
7 Del. C. § 6127 — Delaware Code / Title 7 / Chapter 61 / Section 6127
§ Â
        6127. Lease shall conform to all laws, rules and regulations.
Status: in_force

It shall be a continuing condition of any lease that the lessee shall conform to all applicable laws of the State and all duly promulgated rules and regulations pursuant thereto in effect at the date of the invitation for bids in pursuance of which the lease was awarded. Periodic mutual negotiations between lessee and lessor may be carried out to make conditions, rules and regulations current as warranted by changes in environment or operational methods.
7 Del. C. § 6112 — Delaware Code / Title 7 / Chapter 61 / Section 6112
§ Â
        6112. Royalty.
Status: in_force

The Secretary shall specify in the notice described by § 6107 of this title and in the lease the rate of royalty paid under such lease which royalty shall not be less than 121/2 percent of gross production, or the value thereof, produced and saved from the leased lands and not used by lessee for operations thereon or for injection therein. Such royalty shall, at the Secretary’s option, be paid in kind or in value, and be computed after an allowance for the actual cost of oil treatment or dehydration of not to exceed $0.05 cents per barrel or royalty oil so treated or dehydrated.
7 Del. C. § 7919 — Delaware Code / Title 7 / Chapter 79 / Subchapter II / Section 7919
§ Â
        7919. Relation to Electronic Signatures in Global and National Commerce Act.
Status: in_force

This act modifies, limits, or supersedes the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. § 7001 et seq.) but does not modify, limit, or supersede § 101 of that Act (15 U.S.C. § 7001(a)) or authorize electronic delivery of any of the notices described in § 103 of that Act (15 U.S.C. § 7003(b)).
7 Del. C. § 567 — Delaware Code / Title 7 / Chapter 5 / Subchapter V / Section 567
§ Â
        567. Prerequisites to issuance of license.
Status: in_force

Licenses under this subchapter shall be issued only when the applicant has produced evidence satisfactory to the Department that the proposed restricted game preserve will not conflict with any reasonable prior public interest and will, in the opinion of the Department, result in a general improvement in the quantity and quality of game in other areas of the State outside of the proposed restricted area, due to the travel and movement of game caused by the heavy stocking of the restricted area. In addition, in order to be eligible for a license, the proposed restricted area must contain contiguous lands under the same ownership, lease or management, aggregating not less than 300 acres, and no license shall be granted for reservations containing an aggregate of more than 1,000 acres, nor shall more than 5,000 acres in New Castle County be covered by such licenses at any one time. Moreover, the applicant must produce evidence satisfactory to the Department that there exists, or that the applicant will forthwith supply, sufficient cover and feed upon the property embraced by the application to adequately support game in numbers which, in the opinion of the Department, will be beneficial generally to other areas of the State outside of the reservation.
7 Del. C. § 5303 — Delaware Code / Title 7 / Chapter 53 / Subchapter II / Section 5303
§ Â
        5303. Purposes.
Status: in_force

(a) The General Assembly finds that:

(1) Archaeological resources in or on state lands are an integral and irreplaceable part of the State’s heritage;

(2) Archaeological resources are valued as nonrenewable resources that provide educational, scientific, social and economic benefits for all citizens;

(3) These resources are increasingly endangered because of their commercial attractiveness and the effects of natural forces and human intervention;

(4) Existing state laws do not provide adequate protection to prevent the loss and destruction of these archaeological resources resulting from such causes; and

(5) There is a wealth of archaeological information which has been legally obtained by private individuals for noncommercial purposes and which could voluntarily be made available to professional archaeological institutions to further the educational, scientific, social and economic benefits for all citizens.

(b) The purpose of this subchapter is to secure, for the present and future benefit of the people of Delaware, the protection of archaeological resources which are in or on state lands, including subaqueous lands, to increase awareness and encourage meaningful stewardship of the State’s archaeological heritage, and to foster increased cooperation and exchange of information among governmental authorities, the professional archaeological community, and private individuals having collections of archaeological resources and data.
7 Del. C. § 7122 — Delaware Code / Title 7 / Chapter 71 / Subchapter II / Section 7122
§ Â
        7122. Motor vehicle violations; enforcement.
Status: in_force

Any person who operates a motor vehicle or owns a motor vehicle which he or she permits to be operated upon public highways of this State which generates noise in excess of standards adopted by the Department of Safety and Homeland Security shall be fined not less than $25 nor more than $1,000, which shall be enforced in accordance with Chapter 7 of Title 21.
7 Del. C. § 6420 — Delaware Code / Title 7 / Chapter 64 / Subchapter I / Section 6420
§ Â
        6420. Contracts.
Status: in_force

(a) The Authority and any municipality may enter into a contract or contracts providing for or relating to the collection or treatment and disposal of garbage, solid wastes and refuse originating in the municipality and the cost and expense of such collection or treatment and disposal.

(b) Any such contract may provide for the payment to the Authority by such municipality annually or otherwise of such sum or sums of money, computed as said contract or contracts may provide, and the sum or sums so payable may include provisions for all or any part or a share of the amounts necessary:

(1) To pay or provide for the expenses of operation and maintenance of the garbage and solid wastes disposal system, including, without limitation, any processing fees or other payments required to be paid to a private entity under a service agreement for a solid waste disposal, transfer station and electric and steam generating facility, insurance, extensions, betterments and replacements and the principal and interest on any bonds;

(2) To provide for any deficits resulting from failure to receive sums payable to the Authority by such municipality, and any other municipality, or any person, or from any other cause; and

(3) To maintain such reserves or sinking funds for any of the foregoing as may be required by the terms of any contract of the Authority or as may be deemed necessary or desirable by the Authority.

(c) Any such contract may provide that the sum or sums so payable to the Authority shall be in lieu of all or any part of the service charges which would otherwise be charged and collected by the Authority with regard to persons or real property within such municipality.

(d) Any such contract may also provide for the financing and payment of expenses to be incurred by the Authority and determined by it to be necessary for its purposes prior to the placing in operation of the garbage and solid wastes disposal system and may also provide for the payment by such municipality to the Authority for application to such expenses or indebtedness therefor such sum or sums of money, not in the aggregate exceeding an amount stated or otherwise limited in any such contract plus interest thereon, as such contract may provide and as the governing body of said municipality shall, by virtue of its authorization of and entry into any such contract, determine to be necessary for the purposes of the Authority.

(e) Any such contract may be made with or without consideration and for a specified or an unlimited time and on any terms and conditions which may be approved by such municipality and which may be agreed to by the Authority in conformity with its contracts with the holders of any bonds, and shall be valid whether or not an appropriation with respect thereto is made by such municipality prior to authorization or execution thereof. Subject to any such contracts with the holders of bonds, such municipality is hereby authorized and directed to do and perform any and all acts or things necessary, convenient or desirable to carry out and perform every such contract and to provide for the payment or discharge of any obligation thereunder in the same manner as other obligations of such municipality and, in accordance with any such contract, to waive, modify, suspend or reduce the service charges which would otherwise be charged and collected by the Authority with regard to persons or real property within such municipality.

(f) Nothing in this section shall prevent the Authority from collecting additional fees and charges from the owners or occupants of all parcels of real estate served by it within such municipality if for any reason such additional fees or charges shall be necessary in order for the Authority to pay all operating expenses, debt service and other payments required pursuant to contracts with bondholders; or to pay all processing fees or other payments required pursuant to service agreements with private entities owning or operating solid waste disposal, transfer station and electric and steam generating facilities; and notwithstanding such contracts with such municipalities, the Authority shall at all times have power and be obligated to collect sufficient additional fees and charges whenever necessary to pay all operating costs, debt service and all other payments required by contracts with bondholders and whenever necessary to pay all processing fees or other payments required pursuant to service agreements with private entities owning or operating solid waste disposal, transfer station and electric and steam generating facilities.

(g) Nothing in this section shall be deemed to imply or direct that any contracts referred to aforesaid must provide for both the collection and disposal of garbage and solid wastes and such Authority may, by the agreement and parallel ordinances, and such municipality may, by ordinance, engage in either collection of solid wastes or disposal of solid wastes or both. All such contracts shall be full faith and credit obligations of the municipality and shall not be subject to any law regulating the issuance of debt or the making of contracts or other related matter.
7 Del. C. § 565 — Delaware Code / Title 7 / Chapter 5 / Subchapter V / Section 565
§ Â
        565. Territorial scope of subchapter.
Status: in_force

This subchapter shall apply throughout the State.
7 Del. C. § 916 — Delaware Code / Title 7 / Chapter 9 / Section 916
§ Â
        916. Finfisheries Development Fund.
Status: in_force

(a) There is hereby established a Finfisheries Development Fund, which shall be funded by the following sources:

(1) Moneys received by the Department for commercial food fishing license fees and food fishing equipment permits;

(2) Moneys received from the payment of fines for committing a violation of this chapter or regulations or permits promulgated or issued pursuant to this chapter; and

(3) Moneys received from the sale of the following confiscated or unclaimed items: fishing equipment or any perishable item that has been taken into possession or custody by the Department and could have been used as evidence.

(b) Finfisheries development funds shall be used only for the following purposes:

(1) The development and maintenance of finfishing facilities in the State that are used to aid and assist finfishers;

(2) Actual and necessary traveling expenses incurred by members of the Council in connection with their attendance at Council meetings;

(3) Actual and necessary travel, lodging and food expenses incurred by members of the Council or the designee of the Council in connection with attendance at interstate fish management meetings whenever federal funds are not available;

(4) Postage for mailing notices of public hearings, fishery reports and other materials related to finfisheries management;

(5) Printing materials pertaining to the promulgation of regulations, printing notices of public hearings and other meetings, printing announcements and printing information pertinent to finfisheries management;

(6) Conducting research on, and taking inventories of, finfish of significance to Delaware’s commercial and recreational fishers, such research and inventorying to be contracted out or performed by Department personnel.

(c) For the purposes of implementing subsection (b) of this section, all moneys received from the sources set forth in subsection (a) of this section shall be deposited at least monthly with the State Treasurer. The State Treasurer shall retain said moneys in a special fund until expended upon proper vouchers of the Department to carry out the purposes of subsection (b) of this section.
7 Del. C. § 6126 — Delaware Code / Title 7 / Chapter 61 / Section 6126
§ Â
        6126. Cancellation of lease; judicial proceedings.
Status: in_force

The Secretary may cancel any lease upon which oil, gas, sulphur or other minerals have not been discovered in paying quantities, upon failure of the lessee after 30 days’ written notice and demand for performance, to exercise due diligence and care in the prosecution of the prospecting of development or work in accordance with the terms of the lease. After discovery of oil, gas, sulphur or other minerals in paying quantities on lands subject to any lease, such lease may be forfeited and cancelled only by appropriate judicial proceedings upon failure of the lessee after 90 days’ written notice and demand for performance, to comply with any of the provisions of the lease or of laws or regulations applicable thereto and in force at the date of the invitation for bids in pursuance of which the lease was awarded; provided, however, that in the event of any such cancellation, the lessee shall have the right to retain under such lease any and all drilling or producing wells as to which no default exists, together with a parcel of land surrounding each such well and such rights-of-way through the leased lands as may be reasonably necessary to enable such lessee to drill and operate such retained well or wells. In the event of the cancellation of any lease, the lessee shall have a reasonable time within which to remove all property, equipment and facilities owned or used by the lessee in connection with operations under the lease.
7 Del. C. § 4347 — Delaware Code / Title 7 / Chapter 43 / Subchapter IV / Section 4347
§ Â
        4347. Compensation of lagoon managers and secretary-treasurer.
Status: in_force

Tax lagoon managers and the secretary-treasurer may be entitled to receive compensation at a rate to be determined by a majority of the eligible votes of those taxables present at the first meeting provided for in § 4348 of this title. The rate of compensation for the tax lagoon managers and secretary-treasurer may be revised only at a regular annual meeting of the taxables.
7 Del. C. § 6018 — Delaware Code / Title 7 / Chapter 60 / Subchapter II / Section 6018
§ Â
        6018. Cease and desist order.
Status: in_force

The Secretary shall have the power to issue an order to any person violating any rule, regulation or order or permit condition or provision of this chapter to cease and desist from such violation; provided, that any cease and desist order issued pursuant to this section shall expire (1) after 30 days of its issuance, or (2) upon withdrawal of said order by the Secretary, or (3) when the order is suspended by an injunction, whichever occurs first.
7 Del. C. § 2109 — Delaware Code / Title 7 / Chapter 21 / Section 2109
§ Â
        2109. Oyster harvesting from private leased beds.
Status: in_force

(a) Except in the case of shellfish aquaculture leases on Delaware’s Inland Bays, it shall be unlawful for any person to harvest oysters from leased shellfish grounds unless said person notifies the Department of said harvest at least 48 hours prior to harvesting oysters from leased shellfish grounds.

(b) It shall be unlawful for any person to harvest oysters from natural oyster beds on any date said person notified the Department when he or she would be harvesting oysters from leased shellfish grounds.
7 Del. C. § 6131 — Delaware Code / Title 7 / Chapter 61 / Section 6131
§ Â
        6131. Discriminatory bidding requirements prohibited.
Status: in_force

In leasing tide and submerged lands, the Secretary may not discriminate between bidders by requiring drilling from:

(1) Upland or littoral drill sites;

(2) Sites on filled land, whether contiguous or noncontiguous to the littoral lands or uplands; or

(3) Any pier, platform or other fixed or floating structure in, on or over tide and submerged lands with respect to which this State or any other owner thereof has consented to use.
7 Del. C. § 1920 — Delaware Code / Title 7 / Chapter 19 / Section 1920
§ Â
        1920. Apprenticeships.
Status: in_force

An individual at least 15 years of age may enter into an agreement with an active commercial fisher licensed by the Department to serve as a commercial fishing apprentice to said commercial fisher. This agreement shall be in writing on a form provided by the Department and filed with the Department. In the event an agreement is cancelled by either party, the Department shall credit an apprentice with time served and said time shall be retained if the apprentice signs an agreement with another active commercial fisher. An apprentice shall not enter into an agreement with more than 1 active commercial fisher at any 1 time and an active commercial fisher shall not enter into an agreement with more than 1 apprentice at any 1 time. An apprentice must compete no less than 150 days of commercial fishing activities over no less than a 1-year period to be eligible for the transfer or enter lotteries for certain commercial fishing licenses. Eight hours of commercial fishing activities shall equal 1 day. Commercial fishing activities shall include fishing, operating a vessel, maintaining fishing equipment or a vessel, handling and transporting fish for sale, or other activities directly associated with a commercial fishery. Fishing activities shall be documented on a daily log form provided by the Department. Said logs shall be signed by the apprentice and the commercial fisher listed on the agreement and witnessed by another commercial fisher licensed by the Department. Log sheets shall be submitted to the Department on a monthly basis on or before the tenth day of the following month. An apprentice who completes no less than 150 days of commercial fishing activities over no less than a 1-year period shall be eligible for the following:

(1) Commercial crab dredgers license transferred by another active commercial crab dredger;

(2) Commercial conch pot license transferred by another active commercial conch potter;

(3) Commercial conch dredge license transferred by another active commercial conch dredger;

(4) Commercial crab pot license transferred by another active commercial crab potter;

(5) Oyster harvesting license transferred from another active oyster harvester;

(6) Commercial clam tong/rake license transferred from another active commercial clam tong/raker;

(7) Commercial dredge clam license transferred from another active commercial clam dredger;

(8) Commercial lobster pot license transferred from another active commercial lobster potter;

(9) Commercial surf clam license transferred from another active commercial surf clammer;

(10) Commercial horseshoe crab collecting permit transferred from another active horseshoe crab collector;

(11) Participation in lotteries conducted by the Department for commercial crab dredgers licenses, commercial conch pot licenses and commercial conch dredge licenses; and

(12) Commercial food fishing equipment permits for gill nets and authority to commercially fish with hook and line according to the provisions of § 915(n) of this title.

If, during the previous calendar year, fewer commercial crab dredgers licenses are issued than in 1999, the Department shall conduct a lottery for the number of said licenses different from the number issued in 1999 and the previous year. In 1999, the Department issued 52 commercial conch pot licenses. If during the previous calendar year, fewer commercial conch dredge licenses are issued than in 1999, the Department shall conduct a lottery for the number of said licenses different from the number issued in 1999 and the previous year. In 1999, the Department issued 15 conch dredge licenses.
7 Del. C. § 502 — Delaware Code / Title 7 / Chapter 5 / Subchapter I / Section 502
§ Â
        502. Exceptions to requirements for license.
Status: in_force

(a) Residents and nonresidents may fish if they are the operator of a vehicle with a surf fishing vehicle permit as long as the vehicle is located on a designated Delaware state park surf fishing beach without being licensed hereunder.

(b) Residents who own or live upon farms in this State containing 20 or more acres, and the members of their immediate families who reside on the farm, may hunt, fish and trap on the farm without being licensed hereunder.

(c) Residents under 13 years of age may hunt without a license in this State when accompanied by a person who is the lawful holder of a hunting license or has a lawful right to hunt.

(d) Any child under the age of 16 years may fish or take fish or crabs or clam from any of the waters under the jurisdiction of this State without being licensed hereunder. Residents 16 and older but not over 65 years of age must purchase a fishing license to fish or take fish, crabs or clams.

(e) Residents, 65 years of age or older, are exempted from the licensing requirements of this chapter.

(f) A member of the armed forces of the United States who is a patient in a military hospital may be issued a license exemption to hunt, trap and fish in this State without charge, upon receipt by the Department of a written statement signed by the applicant’s commanding officer certifying the nature of the applicant’s disability and place of station.

(g) Persons who are patients in any Veterans Administration facility in this State, or in any public hospital or sanitarium for the treatment of tuberculosis, or a patient in a rehabilitation hospital under the State Department of Health, provided such person carries identification which verifies his or her status as such a patient, shall not be required to purchase a fishing license. Forms shall be supplied to such persons when they apply for their licenses to be used for the identification purposes described in this subsection.

(h) Persons who have been honorably discharged from the armed forces of the United States and certified by the Veterans Administration as having at least a 60% service-connected disability may be issued a license exemption to hunt, trap, and fish in this State without charge, upon receipt by the Department of a written statement from the Veterans Administration certifying the person’s honorable discharge and service-connected disability.

(i) Persons who are blind are exempted from the licensing requirements of this chapter.

(j) Any unarmed residents participating in an organized fox hunt are exempt from the licensing requirements of this chapter.

(k) Any resident is exempt from the fishing license requirements of this chapter while fishing in a fee fishing operation that is registered as same with the Department of Agriculture according to Chapter 4 of Title 3.

(l) Any resident who has served honorably for 90 or more consecutive days on active duty in the Armed Forces of the United States, including service as member of the Delaware National Guard, in military actions in Southwest Asia associated with Operation Iraqi Freedom or Operation Enduring Freedom may, for the first 12 months following the date the resident was honorably discharged or removed from active status, be issued a license to hunt and/or fish in this State without charge.
7 Del. C. § 6617 — Delaware Code / Title 7 / Chapter 66 / Section 6617
§ Â
        6617. Penalties.
Status: repealed

(a) Whoever violates this chapter or any rule or regulation duly promulgated thereunder, or any condition of a permit issued pursuant to § 6604 of this title, or any order of the Secretary, shall be subject to enforcement in accordance with § 6005 or § 6013, or both, of this title.

(b)-(d) [Repealed.]
7 Del. C. § 6102 — Delaware Code / Title 7 / Chapter 61 / Section 6102
§ Â
        6102. Jurisdiction to lease.
Status: in_force

(a) The Secretary and the Governor have exclusive jurisdiction to lease for mineral exploration and exploitation all ungranted submerged tidelands owned by this State, whether within or beyond the boundaries of this State, acquired by this State before or after July 1, 1966:

(1) By quitclaim, cession, grant, contract or otherwise, or

(2) By any other means.

(b) All jurisdiction and authority to lease for mineral exploration or exploitation remaining in the State over submerged lands as to which grants have been or may be made is vested in the Secretary and the Governor.

(c) The Secretary shall administer and control all lands described in subsection (a) of this section, and may lease such lands and tidelands and dispose of oil, gas, sulphur and other minerals under such lands and tidelands in the manner prescribed by this chapter.

(d) Notwithstanding any other provisions of this chapter, the Secretary may not permit any interference, other than temporary interference, with the surface of the Atlantic shore. It may, however, grant easements for mineral exploration and exploitation underlying that part of the surface of the Atlantic shore owned by the State at such times and at such places as the Secretary finds necessary to permit the extraction and transportation of oil, gas, sulphur or other minerals from state, federal or private lands; and in addition the Secretary may issue oil and gas leases underlying the Atlantic shore under the same terms and conditions as provided in this chapter.

(e) The Secretary shall have no authority to lease lands administered by the Department of Natural Resources and Environmental Control.
7 Del. C. § 5404 — Delaware Code / Title 7 / Chapter 54 / Section 5404
§ Â
        5404. Discovery of remains and notification of authorities.
Status: in_force

(a) Any person knowing or having reasonable grounds to believe that unmarked human burials or human skeletal remains are being encountered shall notify immediately the Medical Examiner or the Director.

(b) When any person encounters unmarked burials or human skeletal remains as a result of construction, agricultural, or any other ground-disturbing activities, the person shall cease the ground-disturbing activity immediately upon discovery and notify the Medical Examiner or the Director of the discovery.

(c) Human burials or human skeletal remains which are encountered by a professional archaeologist as a result of survey or excavations must be reported to the Director. Excavation and other activities may resume after written approval is provided by the Director. The treatment, analysis, and disposition of the remains shall conform to the provisions of this chapter.

(d) The Director shall notify the Chief Medical Examiner of any reported human skeletal remains discovered by a professional archaeologist.
7 Del. C. § 10002 — Delaware Code / Title 7 / Chapter 100 / Section 10002
§ Â
        10002. Definitions.
Status: in_force

For purposes of this chapter, the following terms shall have the meanings set forth herein.

(1) “2005 baseline” means the 2005 statewide greenhouse gas emissions, as determined by the Department’s Division of Air Quality.

(2) “2030 target” means the greenhouse gas emissions reduction requirement set forth in § 10003(a) of this chapter.

(3) “2050 target” means the greenhouse gas emissions reduction requirement set forth in § 10003(b) of this chapter.

(4) “Carbon dioxide equivalent” means a metric used to quantify greenhouse gas emissions, measured in metric tons, which accounts for the relative global-warming potential of different kinds of greenhouse gases.

(5) “Chief Climate Change Officer” means the Director of the Division of Climate, Coastal and Energy at the Department of Natural Resources and Environmental Control.

(6) “Climate Action Plan” means Delaware’s Climate Action Plan issued in November 2021, and all updated Climate Action Plans as required in § 10004 of this chapter.

(7) “Climate change officer” means the individuals designated by the Secretary of each of the key cabinet-level departments to coordinate with the Chief Climate Change Officer on the process of implementation of the strategies identified in the Climate Action Plan, and on the process of updating the Climate Action Plan.

(8) “Delaware’s Greenhouse Gas Inventory” means an annual report that provides a comprehensive accounting of total statewide greenhouse gas emissions from all man-made sources. The gases covered by the inventory include carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), hydrofluorocarbons (HFCs), perfluorocarbons (PFCs), sulphur hexafluoride (SF6), and nitrogen trifluoride (NF3). The inventory also calculates carbon dioxide removal from the atmosphere by “sinks,” e.g., through the uptake of carbon and storage in forests, vegetation, and soils.

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

(10) “Global-warming potential” means an index representing the combined effect of the differing times greenhouse gases remain in the atmosphere and their relative effectiveness in absorbing outgoing infrared radiation.

(11) “Greenhouse gas” means carbon dioxide (CO2), methane (CH4), nitrous oxide (N20), hydrofluorocarbons (HFCs), perfluorocarbons (PFCs), sulphur hexafluoride (SF6), nitrogen trifluoride (NF3), and any other substance determined by the Department through regulation that is emitted into the air that may be reasonably anticipated to cause or contribute to anthropogenic climate change.

(12) “Greenhouse gas emissions reduction targets” means the 2030 target and the 2050 target.

(13) “Key cabinet-level departments” mean those departments in State government with the greatest ability to shape and implement the Climate Action Plan. Those departments are:

a. Delaware Department of Natural Resources and Environmental Control.

b. Delaware Department of Agriculture.

c. Delaware Department of Health and Social Services.

d. Delaware State Housing Authority.

e. Delaware Office of Management and Budget.

f. Delaware Department of Safety and Homeland Security.

g. Delaware Department of State.

h. Delaware Department of Transportation.

i. Delaware Department of Education.

(14) “Net” means that when measuring total annual emissions for purposes of the 2030 target or the 2050 target, emissions may be offset by strategies involving land use, land use change, agriculture, forestry, and also by strategies involving carbon storage or sequestration projects or other mechanisms approved by the Department.

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

(16) “State agency” means “agency” as defined in § 6902 of Title 29.

(17) “Statewide greenhouse gas emissions” means the total annual emissions of greenhouse gases in the State, measured in metric tons of carbon dioxide equivalent, and includes all emissions of greenhouse gases from all economic sectors including electric power, transportation, industrial, residential and commercial buildings, agriculture, waste management, and energy sectors. Statewide greenhouse gas emissions includes emissions from the generation of electricity delivered to and consumed within the State, regardless of where the electricity is generated.
7 Del. C. § 6454 — Delaware Code / Title 7 / Chapter 64 / Subchapter II / Section 6454
§ Â
        6454. Recycling centers.
Status: in_force

Implementation of efficient and cost-effective recycling programs will require that Delaware have access to facilities capable of processing source separated recyclables. Where the private sector has developed extensive recyclables processing capability and where unique programs that provide incentives to the general public to recycle that are not available to Delaware residents, the Department and the Authority shall encourage and work with the private sector to establish private facilities for recyclables and recycling incentive programs in Delaware. The Authority shall accept recyclables from municipalities and nonmunicipal persons at no cost under such contractual terms and conditions as mutually agreed. Additional materials may be accepted at the source separated recycling center subject to the approval of the Authority. The Authority shall receive recyclable materials for transfer to the processing facility at locations designated by the Authority. It shall be the responsibility of the Authority to ensure that processing and/or transfer facilities for managing source separated collected recyclables are in operation in each County. It shall also be the responsibility of the Authority to transport or arrange for the transport of source separated recyclables from the Authority’s transfer stations or landfills to a processing facility.
7 Del. C. § 4515 — Delaware Code / Title 7 / Chapter 45 / Section 4515
§ Â
        4515. Credit of moneys for Department of Natural Resources and Environmental Control.
Status: in_force

In order that the Department of Natural Resources and Environmental Control may carry out this chapter, all moneys, other than appropriated by the General Assembly, realized from the care and supervision of public lands of this State shall be deposited with the State Treasurer for the use of the Department in carrying out this chapter.
7 Del. C. § 7213 — Delaware Code / Title 7 / Chapter 72 / Section 7213
§ Â
        7213. Existing rights.
Status: in_force

This chapter shall not change the law of this State relating to existing property, riparian or other rights of this State or other persons in submerged, tidelands or filled lands.
7 Del. C. § 6811 — Delaware Code / Title 7 / Chapter 68 / Section 6811
§ Â
        6811. Inconsistent laws or ordinances superseded.
Status: in_force

All laws or ordinances inconsistent with this chapter are hereby superseded to the extent of the inconsistency.
7 Del. C. § 4510 — Delaware Code / Title 7 / Chapter 45 / Section 4510
§ Â
        4510. Lease of public lands; forfeiture of lease.
Status: in_force

The Department of Natural Resources and Environmental Control together with the Governor of this State, may execute and deliver, in proper form, a lease of any part of the public lands of this State, which public lands are under the supervision and control of the Department of Natural Resources and Environmental Control by virtue of this chapter. The demise and lease of such lands may be upon such conditions and for such rentals as the Department of Natural Resources and Environmental Control deems advisable for the public good. Whoever leases any of the lands under any restrictions or conditions of the Department of Natural Resources and Environmental Control and fails to comply with the restrictions or conditions mentioned in the lease from the Department forfeits the leasehold interest granted by the lease.
7 Del. C. § 3709 — Delaware Code / Title 7 / Chapter 37 / Section 3709
§ Â
        3709. State Advisory Board; selection; qualifications; functions.
Status: in_force

(a) The University shall, by regulations, provide for the selection of 6 persons of legal age, resident in this State, who shall be selected from the standpoint of their qualification by actual farming experience and comprehensive understanding of the agricultural problems of this State, to act as farmer members of a State Advisory Board. There shall be not less than 1 nor more than 3 selected from any 1 of the counties.

(b) The State Advisory Board, upon the request of the University, shall advise the University with regard to all matters of major importance in carrying out this chapter.
7 Del. C. § 5704 — Delaware Code / Title 7 / Chapter 57 / Section 5704
§ Â
        5704. Powers of Governor and Secretary of State.
Status: in_force

(a) The Governor and the Secretary of State may do all things necessary and proper to provide for disaster recovery and rehabilitation.

(b) The Governor may receive and disburse on vouchers signed by the Secretary of State, sums of money from the United States federal government for disaster recovery and rehabilitation.
7 Del. C. § 707 — Delaware Code / Title 7 / Chapter 7 / Subchapter I / Section 707
§ Â
        707. Hunting or shooting from motor vehicle, boats or farm machinery prohibited; penalty.
Status: in_force

(a) No person shall shoot at or kill any bird or animal protected by the laws of this State by means of any firearms or projectile weapons at any time or place while such person is the occupant of any motor vehicle, motor or sail boat or is riding in or upon any piece of farm machinery, unless said person is legally hunting crippled migratory birds from a motorboat as permitted by federal law. The presence of any person in or on any conveyance used in violation of this section shall be deemed to be a violation of this section.

(b) Whoever violates this section in the daytime, between sunrise and sunset, shall be guilty of a class C environmental violation for each offense. Whoever violates this section between sunset and sunrise of any day, shall be guilty of a class B environmental misdemeanor for each offense.
7 Del. C. § 791 — Delaware Code / Title 7 / Chapter 7 / Subchapter VI / Section 791
§ Â
        791. Possession of red fox whelps.
Status: in_force

Notwithstanding any other provision of this subchapter to the contrary, the taking and possession of red fox whelps between April 1 and August 15 of each year by persons possessing no less than 5 foxhounds kept for chasing mature red foxes and having a permit issued by the Department shall be permitted for the purpose of raising the whelps for fox chasing. Any whelps possessed by virtue of this section shall have been taken only with permission of the landowner. Any whelp possessed by virtue of this section must be released each year prior to August 15. Only red fox whelps found within this State shall be subject to this section.
7 Del. C. § 942 — Delaware Code / Title 7 / Chapter 9 / Section 942
§ Â
        942. Control of invasive finfish species, including for use as bait [For application of this section, see 84 Del. Laws, c. 528, Â 4].
Status: in_force

(a) Definitions. —

(1) “Invasive finfish species” means a non-native finfish species, including the eggs thereof or other biological material, capable of spread, reproduction or propagation, whose introduction or proliferation causes or is likely to cause, as determined by the Department, economic or environmental harm or harm to human health or safety.

(2) “Non-native finfish species” means finfish species that are not naturally occurring in Delaware but are capable of living and reproducing in the wild without continued human agency, including invasive finfish species. Non-native finfish species may include genetically modified native species.

(b) The Department is authorized to authorize, regulate, prohibit, prescribe, or restrict anywhere in the State the acquisition, importation, introduction, possession, transportation, disposition, or release into public or private tidal waters of any invasive finfish species, including for use as bait in tidal waters. The Department is further authorized to prescribe and regulate the methods used to take or eliminate invasive finfish species from tidal waters.

(c) All regulations promulgated under this section must be published in a public notice on the Department’s website.
7 Del. C. § 4312 — Delaware Code / Title 7 / Chapter 43 / Subchapter III / Section 4312
§ Â
        4312. Form of petition.
Status: in_force

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

PETITION

________________

To the Superior Court of ________________________________ County through the Division of Watershed Stewardship:

Whereas the undersigned (is)(are) the owner(s) of subaqueous lands within lagoon areas subject to sedimentation 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 dredging and the prevention of sedimentation of said subaqueous lands within lagoons would be a public benefit and conducive to the public health, safety and welfare; and

Whereas the undersigned desire that a tax lagoon be formed under the provisions of Chapter 43 of Title 7 of the Delaware Code, said tax lagoon to be known as ________________________________ Tax Lagoon;

The undersigned therefore request the Division of Watershed Stewardship 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 ________________________________ Tax Lagoon.

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

________________

(Space for Signatures)
7 Del. C. § 9101 — Delaware Code / Title 7 / Chapter 91 / Subchapter I / Section 9101
§ Â
        9101. Short title.
Status: in_force

This chapter shall be known and may be cited as the “Delaware Hazardous Substance Cleanup Act.”
7 Del. C. § 786 — Delaware Code / Title 7 / Chapter 7 / Subchapter VI / Section 786
§ Â
        786. Raccoon and opossum.
Status: in_force

(a) No person shall kill any raccoon or opossum, or needlessly destroy, break or interfere with any den or lair of any raccoon or opossum, or set fire to, burn or otherwise mutilate any tree, living or dead, stump or log for the purpose of killing or destroying in any way any raccoon or opossum at any time of the year, between 1 hour before sunrise and 1 hour after sunset.

(b) Any person may trap, hunt with dogs or otherwise take raccoons from any lands during the period as defined by Departmental regulations.

(c) Raccoon and opossum may be legally trapped, statewide, in a box type trap operated in such a way as to confine but not otherwise harm the entrapped raccoon or opossum with a maximum opening dimension not to exceed 195 square inches.

(d) Any person may trap or hunt, with dogs, raccoons with permission of the landowner from any lands in New Castle County or Kent County from the southerly boundary of New Castle County Route 380 and east and southeast of the center line of U.S. Route No. 13, thence following said center line of U.S. Route No. 13 to the point where U.S. Route No. 13 forms a junction with U.S. Route No. 113 and thence along the center line of U.S. Route No. 113 to a line dividing Kent County from Sussex County during any time of the year excepting on Sundays; provided, however, that this subsection shall not apply to lands in Kent County lying east of the center line of Rt. 113, north of the Sussex County line and south of the St. Jones River.

(e) Notwithstanding § 704(d) of this title, a .22 caliber rimfire pistol may be used to hunt raccoons and opossums.
7 Del. C. § 7701 — Delaware Code / Title 7 / Chapter 77 / Section 7701
§ Â
        7701. Short title.
Status: in_force

This chapter shall be known and may be cited as the “Extremely Hazardous Substances Risk Management Act.”
7 Del. C. § 3908 — Delaware Code / Title 7 / Chapter 39 / Subchapter I / Section 3908
§ Â
        3908. Soil and water conservation district; governmental subdivision; powers.
Status: in_force

A soil and water conservation district organized under this chapter shall constitute a governmental subdivision of this State, and such district, and the board of supervisors thereof, shall have authority to exercise the following powers, in addition to others granted in other sections of this chapter, subject to the responsibility of the Department of Natural Resources and Environmental Control for the administration and direction of the programs of the districts:

(1) To develop comprehensive plans for, and carry out, preventive and control measures and works of improvement for the prevention of erosion, floodwater and sediment damages, and the conservation, development and utilization of land and water resources, including the disposal of water and removal of sediment from waterways, lakes, ponds or other bodies of water, within the district;

(2) To conduct, in cooperation with the Department of Natural Resources and Environmental Control surveys, investigations and research relating to the prevention of erosion, floodwater and sediment damages, and the conservation, protection, development and utilization of land and water resources, including the disposal of water, and removal of sediment from waterways, lakes, ponds or other bodies of water;

(3) To cooperate or enter into agreements with, and, within the limits of appropriations or other funds duly made available to it by law, to provide aid to any agency, governmental or otherwise, or any landowner within the district, in carrying out the program of the district, subject to such conditions as the board may deem necessary to carry out the purposes of this chapter;

(4) (a) To make available, on such terms as the board shall prescribe, to any landowners within the district, through existing agencies if agreements with them seem feasible, or by such other means as the board shall prescribe, such services, materials and equipment as will assist such landowners to carry on operations for any of the purposes of this chapter;

(b) To make available on request, and on such terms as the Board shall prescribe, to any cooperator who is a resident of the State and who owns land in a neighboring state, services, materials and equipment for the benefit of such cooperator’s land in the neighboring state;

(5) To construct, improve, operate and maintain such structures as may be necessary or convenient for the performance of any of the operations authorized in this chapter;

(6) To obtain options upon and acquire by purchase, exchange, lease, gift, grant, bequest, devise or otherwise, any property, real or personal, or rights or interests therein; to maintain, administer and improve any properties acquired; to receive income from such properties and expend such income in carrying out the purposes and provisions of this chapter; and to sell, lease or otherwise dispose of any of its real or personal property or interests therein, in furtherance of the purposes of the district;

(7) To accept the cooperation of, and financial, technical and material assistance from, the United States or any of its agencies, or from this State or any of its agencies or subdivisions, or from any other source, for use in carrying out the purposes of the district;

(8) To sue and be sued in the name of the district; to make and execute contracts and other legal instruments, necessary or convenient to the exercise of its powers, with any federal, state or local agency, or with any person; and to receive and expend funds; and

(9) To promote the conservation, protection, development and utilization of land and water resources through various informational and educational activities as the Board may deem necessary in the furtherance of its duties under this chapter.