7 Del. C. § 788 — Delaware Code / Title 7 / Chapter 7 / Subchapter VI / Section 788
§ Â
        788. Exceptions to the prohibition against the killing of red fox.
Status: in_force

(a) Notwithstanding § 703(2) of this title, red foxes may be harvested statewide. The Department shall establish the season structure and framework through regulations promulgated pursuant to Chapter 101, Administrative Procedures Act, of Title 29.

(b) Notwithstanding § 703(2) of this title, the Department may issue a permit to a private landowner authorizing the landowner to manage red foxes on his or her property, provided there is a wildlife management plan for the property, the wildlife management plan has been approved by the Department, and a reduction in the number of foxes was recommended by such plan. The permit shall specify the time during which, the means and methods by which, and the person or persons by whom the red foxes may be killed or captured. The Department shall not charge a fee for the issuance of a permit under this section.

(c) Nothing in this chapter shall be construed to prevent the killing of a red fox by the owner of poultry if such fox is in the act of attacking such poultry. Such person may kill such foxes within a reasonable time after the pursuit, killing or carrying away of the poultry.

(d) Notwithstanding anything to the contrary contained in this chapter, it shall be lawful to possess, buy and sell the hides of red foxes which are legally taken in Delaware or in another state.
7 Del. C. § 4321 — Delaware Code / Title 7 / Chapter 43 / Subchapter III / Section 4321
§ Â
        4321. Assessment list.
Status: in_force

After determining the basis for distribution of costs among the landowners, the board of lagoon management commissioners shall prepare an assessment list which shall show the names of all owners of property whom it deems will benefit from the proposed tax lagoon, together with addresses and descriptions of those properties as currently recorded by the board of assessment of the county. The list shall also show if the properties are located on the tax lagoon. The cost-sharing or assessment base, expressed in dollars, for each of said properties shall also be shown. The sum of the individual property assessment bases shall be termed the total assessment base, which in all cases shall be equal to or greater than the total cost of the proposed tax lagoon works of improvement. The assessment list, as modified by the lagoon order described in § 4329 of this title, shall be the basis for all taxes levied under this chapter.
7 Del. C. § 569 — Delaware Code / Title 7 / Chapter 5 / Subchapter V / Section 569
§ Â
        569. Licenseeâs duties to cooperate with and assist Department; records; marking or tagging game.
Status: in_force

All activities pursuant to a license under this subchapter shall be carried on in cooperation with the Department, and, to the extent practicable, the licensee shall assist the Department in conducting breeding, propagating, feeding and care of game, and shall keep and preserve such records pertaining thereto as the Department may from time to time prescribe. All game which is released shall be marked, banded or tagged as may be prescribed by the Department and, when so identified, game killed may be transported from the preserve to the domicile of the licensee, the licensee’s invitee or guest. All of the activities of the licensee shall be carried on at the expense of the licensee and shall be without cost or obligation to the Department.
7 Del. C. § 712 — Delaware Code / Title 7 / Chapter 7 / Subchapter I / Section 712
§ Â
        712. Prohibition against Sunday hunting.
Status: in_force

(a) On Sundays, no person shall hunt or pursue any game animals with any dog or any kind of implement which is capable of killing said game animals, except as provided in subsections (b), (c), (d) and (e) of this section.

(b) This section shall not be applicable to trapping, training dogs, hunting red foxes with dogs, or participating in commercial game preserve operations in accordance with the provisions of § 572 of this title.

(c) This section shall not be applicable to deer hunting seasons established by the Department.

(d) Such Sunday deer hunting may occur on private lands at landowner discretion and on those public lands as may be so designated by and at the discretion of the applicable government agency, which shall inform the public of the location and times Sunday hunting is allowed on their respective public lands. Any government agency designating or changing the designation of such Sunday deer hunting on its public lands shall provide adequate opportunity for public comment prior to designating the location or times of such Sunday deer hunting. For the purposes of this section, “public lands” includes federal, state, county, municipal, or other government-owned lands.

(e) This section shall not be applicable to the harvesting of deer as permitted by the Department through its deer depredation programs.
7 Del. C. § 7204 — Delaware Code / Title 7 / Chapter 72 / Section 7204
§ Â
        7204. Ejectment of trespassers.
Status: in_force

The Department may eject from any subaqueous lands owned by the State any person, firm or corporation trespassing upon any such lands, including the fixed mooring of floating structures, through appropriate action in the courts of this State.
7 Del. C. § 4348 — Delaware Code / Title 7 / Chapter 43 / Subchapter IV / Section 4348
§ Â
        4348. Annual and other meetings of taxables; notice of meetings.
Status: in_force

At the first meeting the taxables shall set a date for the regular annual meeting. This date may not be changed except by action of a majority of the taxables present at a regular annual meeting. The chairperson of the lagoon managers may call special meetings at such times as the circumstances warrant. At least 10 days’ notice of all meetings shall be given by the lagoon managers using either of the following methods:

(1) By publishing in a newspaper of general circulation in the area of a tax lagoon, and by posting at 5 conspicuous places in or near the area of said tax lagoon, a notice stating the time, place and object of the meeting; or

(2) By mailing to each affected taxable at the address currently shown on the records of the board of assessment of the county a notice stating the time, place and object of the meeting.
7 Del. C. § 6431 — Delaware Code / Title 7 / Chapter 64 / Subchapter I / Section 6431
§ Â
        6431. Infectious waste disposal.
Status: in_force

(a) It is hereby determined and declared that it is necessary for the health and welfare of the inhabitants of the State that the facilities and services of the Authority shall be used by all infectious waste generators within the State for the disposal of all infectious waste generated within the State, and the Authority may by regulation require all infectious waste generators, collectors and transporters therein to use the services and facilities of the Authority under such rules and regulations as the Authority shall fix and establish for the disposal of infectious waste; provided, however, that the infectious waste generators with on-site incineration for the disposal of infectious waste as of July 1, 1989, may continue to use such on-site incineration for the disposal of infectious waste generated on-site. The Authority, after public notice and hearing, may adopt rules and regulations requiring such infectious waste generators to report not less often than annually on the quantity and types of infectious waste incinerated on-site. This section shall not be construed, however, to affect or impair any contract entered into prior to July 1, 1989.

(b) The Authority is directed to study, finance, design, develop, implement and operate, or cause the same to occur, an infectious waste incineration facility at the sites where it now owns and operates landfills in New Castle County, Kent County or Sussex County, or where it now owns and operates the Delaware Reclamation Project in New Castle County, or at such other site as it may select in accordance with this chapter. The Authority is hereby authorized to dispose of ash from any such infectious waste incineration facility in the Authority’s landfills, subject to regulations promulgated by the Department of Natural Resources and Environmental Control.
7 Del. C. § 113 — Delaware Code / Title 7 / Chapter 1 / Section 113
§ Â
        113. Protected wildlife injuring agriculture or other community interests.
Status: in_force

When information is furnished to the Department that any species of protected wildlife has become, under extraordinary conditions, seriously injurious to agriculture or other interests in any particular community, an investigation shall be made by the Department to determine the nature and extent of the injury, whether the protected wildlife alleged to be doing the damage should be killed or captured and, if so, by whom, during what times and by what means. The Department shall issue an appropriate order giving effect to its determination.
7 Del. C. § 3904 — Delaware Code / Title 7 / Chapter 39 / Subchapter I / Section 3904
§ Â
        3904. Advisor to Department.
Status: in_force

The Department may invite the Secretary of Agriculture of the United States of America to appoint 1 person to serve with the Department in an advisory capacity.
7 Del. C. § 4130 — Delaware Code / Title 7 / Chapter 41 / Subchapter III / Section 4130
§ Â
        4130. Proposed report of board of ditch commissioners.
Status: in_force

The board of ditch commissioners, with the assistance of the Division of Watershed Stewardship, shall prepare a proposed report containing the following determinations and information:

(1) The name of the proposed tax ditch;

(2) The hundred and the county in which the proposed tax ditch is situated;

(3) A map, drawing or aerial photograph, to a suitable scale, on which the following is shown:

a. The main ditch, all prongs, all subprongs and other divisions of the proposed tax ditch;

b. All dikes, levees, structures and other works of improvement of the proposed tax ditch;

c. All railroads, public highways and all public utility installations near the points where such reach, cross or pass close to any part of the proposed tax ditch;

d. The exterior boundaries of the tax ditch;

e. The approximate boundaries of each farm, parcel or piece of land within the proposed tax ditch, together with the identification of each farm, parcel or piece of land by name or code number;

f. The location and extent of rights-of-way, including overhead and underground clearances where necessary, assigned to the tax ditch for construction and maintenance operations;

(4) The estimated total cost of the proposed tax ditch works of improvement;

(5) The assessment list required under § 4129 of this title;

(6) Factors which influenced the determination of relative benefits and the basis for distribution of costs among the landowners, and other pertinent information;

(7) The names of all landowners awarded damages or to be paid compensation for works of improvement previously constructed and deemed adequate under § 4127 of this title; and the amount of damages or compensation to which each such landowner is entitled; and factors which influenced the determination of the damages awarded and compensation to be paid;

(8) The number of ditch managers, not less than 2 nor more than 5, required to conduct the business affairs of the proposed tax ditch;

(9) In the case of a previously existent drainage organization, the amount of present assets to be turned over to, or liabilities to be assumed by the proposed tax ditch.
7 Del. C. § 4209 — Delaware Code / Title 7 / Chapter 42 / Section 4209
§ Â
        4209. Supervision by qualified engineers; reports and modifications during work.
Status: in_force

(a) Any project for which the Department’s approval is required under §§ 4204, 4205 and 4206 of this title and any project undertaken pursuant to an order of the Department issued pursuant to this chapter or § 4212 of this title shall be designed and the construction supervised by a licensed professional engineer in the State with related experience in dam design and construction.

(b) During the construction, enlargement, repair, alteration, or removal of any dam to which this chapter applies, the Department may require such progress reports from the supervising engineer responsible for design and construction quality assurance, as it deems necessary.

(c) If, based on inspection reports, construction inspections or other information, the Department finds that the work is not in compliance with the provisions of the approval and the approved plans and specifications, it shall give written notice to the person who received the approval and to the person in charge of construction of the dam. The notice shall state the particulars in which compliance has not been made, and shall order immediate compliance with the terms of approval, and the approved plans and specifications. The Department may order that no further construction work be undertaken until such compliance has been effected and approved by the Department. A failure to comply with the approval and the approved plans and specifications shall render the approval revocable unless compliance is made after notice as provided in this chapter.
7 Del. C. § 6041 — Delaware Code / Title 7 / Chapter 60 / Subchapter II / Section 6041
§ Â
        6041. Scrap Tire Management 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 Scrap Tire Management Fund (“the Fund”).

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

(1) All fees collected by the State pursuant to § 2910 of Title 30;

(2) The State Treasurer shall credit to the Scrap Tire Management Fund such amount of interest as determined by this paragraph upon such Fund. 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; and

(3) Any other money appropriated or transferred to the account by the General Assembly.

(c) Money in the Fund may be used by the Secretary only to carry out the purposes of this section, including but not limited to the following activities.

(1) Conducting a comprehensive inventory of scrap tire piles in the State.

(2) Developing and implementing a scrap tire pile registration program.

(3) Implementing a program to clean up the scrap tire piles in existence in Delaware on June 30, 2006.

(4) Providing for state matching funds for the cleanup of scrap tire piles that have been registered in accordance with the scrap tire pile registration program referenced in paragraph (c)(2) of this section. For each registered scrap tire pile, the Fund shall cover 90% of the cost of cleaning up the pile. The owner and operator shall pay 10% of the cost of cleaning up the pile, unless they satisfactorily demonstrate the inability to pay that cost.

(5) Paying the total cost of cleaning up scrap tire piles located on abandoned properties and on estate properties where the inheritors do not register the scrap tire piles in accordance with the scrap tire pile registration program referenced in paragraph (c)(2) of this section. For such abandoned and estate properties, the Department shall place liens on the properties in order to recoup the entire cleanup cost upon sale of the properties.

(6) Payment to the Division of Revenue for the costs of administering § 2910 of Title 30.

(d) No greater than 15% of the moneys deposited into the Fund shall be used for administering this section without approval of the Joint Finance Committee.

(e) Prior to January 1, 2009, the Department shall prepare and submit to the Governor and the General Assembly a joint report on the progress made toward cleaning up the scrap tire piles in the State. Such report shall include recommendations for extension, modification, or termination of the Scrap Tire Management Fund and § 2910 of Title 30.
7 Del. C. § 923 — Delaware Code / Title 7 / Chapter 9 / Section 923
§ Â
        923. Gill nets; restrictions on use; seasons.
Status: in_force

(a) Unless otherwise authorized by a scientific permit issued by the Division, no person shall fish more than an aggregate of 200 feet of gill net, that is anchored, staked or fixed in any way in the tidal waters of this State at any time during a period beginning at midnight on May 10 and ending at midnight September 30 next ensuing during any calendar year, except where otherwise prohibited in this chapter.

(b) The use of any gill net equal to or less than 200 feet which is anchored, staked or fixed in any way shall be further restricted to the area within 1/2 nautical mile of the mean high-water line of the shore of the Delaware River and Bay and to the area within 1,000 feet of the mean high-water line of the shore of the 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 Bay during a period beginning at midnight on May 10 and ending at midnight on September 30 next ensuing, except where otherwise prohibited in this chapter or by Department regulation.

(c) Unless otherwise authorized by a scientific permit issued by the Division, no person shall fish any drifting gill net in the tidal waters of this State during the period 12:01 a.m. Saturday through to 4:00 p.m. Sunday or on a legal state holiday during a period beginning at midnight May 10 and ending at midnight on September 30 next ensuing during any calendar year.

(d) During the period beginning at 12:01 a.m. April 1 through midnight May 10, no person shall fish more than an aggregate of 1,000 yards of anchored, staked, fixed or drifting gill nets and, furthermore, no more than an aggregate of 1,000 yards of anchored, staked, fixed or drifting gill net shall be fished from any vessel regardless of the number of commercially licensed food fishers on said vessel.

(e) During the period beginning midnight May 10 and ending at midnight September 30 next ensuing during any calendar year, no person shall fish more than an aggregate of 1,000 yards of drifting gill nets, and, furthermore, no more than an aggregate of 1,000 yards of drifting gill nets shall be fished from any vessel regardless of the number of commercially licensed food fishers on said vessel.

(f) Except for gill nets equal to or less than 200 feet which are anchored, staked or fixed in any way, no person shall fish a gill net of any type without obtaining a commercial food fishing license pursuant to § 914 of this title and a food fishing equipment permit pursuant to § 915 of this title.

(g) Residents of the State of New Jersey who possess valid commercial food fishing equipment permits for gill nets shall be authorized to fish up to, but not to exceed, 600 feet of drifting gill net in the Delaware River on the east side of the shipping channel north of 39 degrees 39′ north latitude only during a period of the year beginning at 12:01 a.m. on March 15 and ending at 12:00 p.m. on May 10.

(h) In the event a person with a commercial food fishing license and a food fishing equipment permit for gill nets is disabled and unable to deploy or set his or her gill nets, the person shall be issued a written permit by the Department authorizing his or her spouse, child or grandchild to deploy or set said person’s gill nets for a period to be specified by the physician who certifies the disability. Such persons shall be limited during their lifetime to a total of 2 years during which their gill nets may be set or deployed by a spouse, child and/or grandchild. For purposes of this subsection, the term “disabled” shall mean a person certified in writing by a licensed medical physician in Delaware to be temporarily unable to perform the substantial and material duties associated with the setting or deploying of gill nets based upon medical evidence.
7 Del. C. § 9201 — Delaware Code / Title 7 / Chapter 92 / Section 9201
§ Â
        9201. Definitions [Effective upon promulgation of regulations by the Secretary pursuant to Ââ9203(c) of this title].
Status: in_force

The following definitions apply to this chapter.

(1) “Affiliate” means an entity as defined in the regulations of the Security and Exchange Commission under the Securities and Exchange Act of 1934 [15 U.S.C. § 78a et seq.] and the Securities Act of 1933 [15 U.S.C. § 77a et seq.].

(2) “Chemical” means a “hazardous chemical” as defined in § 6302(6) of Title 16.

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

(4) “Establishment” means any real property, any business operation, or any facility which has been required or is required to report a total of 1 million pounds or more, based on the combined maximum amounts, of any combination of chemicals listed under the Emergency Planning and Community Right-To-Know Act, § 6306 of Title 16, and/or has been or is a large quantity generator under Delaware’s Regulations Governing Hazardous Waste [7 DE Admin. Code 1301 et seq.], unless exempted by regulation adopted pursuant to this chapter.

(5) “Hazardous substance” means the term as defined in Chapter 91 of this title or in the regulations promulgated pursuant thereto.

(6) “Owner or operator” means:

a. A person owning, operating, or otherwise controlling activities at a chemical or hazardous substance establishment or part of an establishment; or

b. A person who owned, operated, or otherwise controlled activities at a chemical or hazardous substance establishment or part of an establishment.

(7) “Parcel” means piece or tract of land which contains an establishment, as defined in paragraph (4) of this section, or on which is or was located any continuous business operation which contains or contained an establishment.

(8) “Person” means any individual, entity, trust, firm, joint stock company, partnership, consortium, joint venture, commercial entity, corporation (including a government corporation or authority), limited liability company, association, federal government, federal agency, state agency, county, municipality, commission, school district, conservation district, Indian tribe, political subdivision of a state, an interstate body, or any other legal or commercial entity.

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

(10) “Transfer of an establishment” means a transaction or proceeding through which there is a change in ownership of an establishment. Change in ownership shall include, but not be limited to, the sale or transfer of stock in a corporation or interest in a limited liability company or partnership, or merger or consolidation, resulting in a change in the person or persons holding the controlling interest in the direct owner or operator or indirect owner of the establishment, but does not mean:

a. The conveyance or extinguishment of an easement;

b. The conveyance of an establishment through a foreclosure or the conveyance of a deed in lieu of foreclosure to a lender;

c. The conveyance of a security interest;

d. A change in ownership approved by the register of wills;

e. A devolution of title to a surviving joint tenant, or to a trustee, executor, or administrator under the terms of a testamentary trust or will, or by intestate succession;

f. A corporate reorganization not substantially affecting the control, ownership or operation of the establishment;

g. The issuance of stock or other securities of an entity which owns or operates the establishment;

h. The conveyance of an interest in an establishment where the transferor or transferors is 1 or more of the following: the sibling, spouse, child, parent, grandparent, the child of a sibling, or the sibling of a parent, or a spouse of any of the foregoing, of the transferee or transferees;

i. The conveyance of an establishment to a trustee of an inter vivos trust created by the transferor or transferors solely for the benefit of 1 or more of the following: the sibling, spouse, child, parent, grandchild, the child of a sibling, or the sibling of a parent, or a spouse of any of the foregoing, of the transferor or transferors;

j. The conversion of a general or limited partnership to a limited liability company;

k. The transfer of general partnership property held in the names of all of the general partners to another general partnership which includes as general partners immediately after the transfer substantially all of the same persons that were general partners immediately prior to the transfer;

l. The transfer of general partnership property held in the names of all of the general partners to a limited liability company which includes as members immediately after the transfer substantially all of the same persons that were general partners immediately prior to the transfer; or

m. The transfer of stock, securities or other ownership interest of an entity that owns or operates the establishment to a person who is an affiliate, that directly or indirectly through 1 or more intermediates controls, or is controlled by, or under the common control with the transferee or transferees.
7 Del. C. § 6603A — Delaware Code / Title 7 / Chapter 66A / Section 6603A
§ Â
        6603A. Wetlands Advisory Committee.
Status: in_force

(a) The Secretary shall, by January 31, 2015, and through consultation with a Wetland Advisory Committee (Committee) established under this section, develop wetland protection priorities for the State of Delaware and recommend for consideration by the General Assembly a comprehensive approach for improving nontidal wetland conservation, restoration, and education within the State.

(b) The Committee shall consider nationally recognized best practices and standards, as well as actions that surrounding states have implemented in the way of incentive programs, policies, and assumption of regulatory roles. The Committee shall also evaluate the permitting process for activities regulated by state and federal agencies with the goals of reducing duplication, providing efficient 1-stop permitting, and improving the State’s ability to account accurately for cumulative and individual impacts.

(c) The Committee shall consist of the following members:

(1) One member of the Delaware Farm Bureau appointed by the President of the Delaware Farm Bureau;

(2) One representative of the Delaware State Bar Association Real and Personal Property Section, appointed by the President of the Delaware State Bar Association;

(3) One representative of the Delaware Association of Realtors, appointed by the President of the Delaware Association of Realtors;

(4) One representative from the U.S. Army Corps of Engineers Philadelphia District Regulatory Branch;

(5) One representative of the Home Builders Association of Delaware appointed by the President of the Home Builders Association of Delaware.

(6) One representative of the Delaware League of Local Governments from each county, appointed by the President of the Delaware League of Local Governments from each county.

(7) One representative of the Committee of 100 appointed by the President of the Committee of 100.

(8) Two representatives of Delaware environmental organizations selected by the Secretary.

(9) Two representatives from outdoor recreation and wildlife conservation organizations selected by the Secretary.

(10) One representative of the Delaware Department of Transportation appointed by the Secretary of the Department of Transportation.

(11) One representative of the Delaware Department of Agriculture appointed by the Secretary of Agriculture.

(12) One representative of the Delaware Forestry Association.

(13) One representative of each of the three County government planning agencies, as an employee of these agencies.

(14) One representative of Delaware Chapter of the American Council of Engineering Companies (ACEC).

(15) Two representatives of the Department of Natural Resources and Environmental Control appointed by the Secretary.

(16) Two members of the Delaware Senate appointed by the President Pro Tempore and 2 members of the Delaware House of Representatives, appointed by the Speaker of the House, 1 from each major political party of each governing body.

(17) One representative of the U.S. Department of Agriculture Farm Service Agency appointed by the State Executive Director.

(18) One representative of the U.S. Department of Agriculture Natural Resources Conservation Service appointed by the State Conservationist.

(d) The Chair of the Committee shall be selected by the Secretary. The Committee shall organize and hold its first meeting by September 29, 2013, and shall be staffed by DNREC.

(e) The DNREC shall compile the results of the Committee recommendations, develop a draft report, and reconvene the Committee to review the draft report and solicit feedback before finalizing the report of recommendations. The Secretary shall deliver an interim report of the work of the Committee to the General Assembly no later than May 1, 2014, and deliver the final report of recommendations no later than December 31, 2014.
7 Del. C. § 7210 — Delaware Code / Title 7 / Chapter 72 / Section 7210
§ Â
        7210. Appeals to Environmental Appeals Board.
Status: in_force

Any person whose interest is substantially affected by any action of the Secretary or of the Department taken pursuant to this chapter, may appeal to the Environmental Appeals Board as established by § 6007 of this title within 20 days after the announcement of the decision. Such appeal shall be governed by §§ 6008 and 6009 of this title. There shall be no appeal of a decision by the Secretary to deny a permit on any matter involving state-owned subaqueous lands.
7 Del. C. § 3802 — Delaware Code / Title 7 / Chapter 38 / Section 3802
§ Â
        3802. Department of Natural Resources and Environmental Control; investigations; rules and regulations; programs of control; acceptance of grants.
Status: in_force

(a) The State Department of Natural Resources and Environmental Control may make such investigations, studies and determinations as it may deem advisable in order to ascertain the extent of growth and infestation of Phragmites australis in this State, and the effect of such species on wildlife and the environment.

(b) The Department may promulgate such rules and regulations as in its judgment are necessary to carry into effect this chapter and may alter or suspend such rules when necessary.

(c) The Department may institute programs of control and eradication.

(d) The Department may enter into agreements with any county or subdivision of this State, with any adjoining state or with agencies of the federal or state government to effect a program of control and eradication.

(e) The Department may accept, use or expend such aid, gift or grant as may from time to time be made available from any source, public or private, for the purposes of carrying out this chapter.
7 Del. C. § 6422 — Delaware Code / Title 7 / Chapter 64 / Subchapter I / Section 6422
§ Â
        6422. Powers respecting garbage and solid wastes disposal limited after creation of Authority; use of services.
Status: in_force

(a) The Authority by regulation may provide that no municipality shall have power to engage in, grant any license or permit for or enter into any contract for the collection or treatment and disposal of garbage, refuse and solid wastes; and no such municipality or any person, firm, corporation or association shall engage in any activities within such municipality which would be competitive with the purposes of the Authority as provided in this chapter; provided, however, that the prohibitions aforesaid shall not be applicable to that activity in which the Authority shall determine not to engage.

(b) It is hereby determined and declared that it is necessary for the health and welfare of the inhabitants of the State that the facilities and services of the Authority shall be used by the owners or occupants of all lands, buildings and premises within the State, and the Authority may by regulation require the owners or occupants of all lands, buildings and premises therein to use the services and facilities of the Authority under such rules and regulations as the Authority shall fix and establish. This section shall not be construed, however, to affect or impair any contract entered into prior to July 12, 1977.
7 Del. C. § 4001 — Delaware Code / Title 7 / Chapter 40 / Section 4001
§ Â
        4001. Legislative findings and statement of policy.
Status: in_force

(a) Legislative findings. — The General Assembly finds that erosion and sedimentation continue to present serious problems throughout the State, and that the removal of a stable ground cover in conjunction with the decrease in the infiltration capability of soils resulting from the creation of additional impervious areas such as roads and parking lots has accelerated the process of soil erosion and sediment deposition resulting in pollution of the waters of the State. This damages domestic, agricultural, industrial, recreational, fish and wildlife and other resource uses. The General Assembly further finds that accelerated stormwater runoff increases flood flows and velocities, contributes to erosion, sedimentation, and degradation of water quality, overtaxes the carrying capacity of streams and storm sewers, greatly increases the costs of public facilities in carrying and controlling stormwater, undermines flood plain management and flood control efforts in downstream communities, reduces groundwater recharge, and threatens public health, welfare, and safety.

(b) Statement of policy. — In consideration of these legislative findings, it is declared to be the policy of this chapter to strengthen and extend the present erosion and sediment control activities and programs of this State for both rural and urban lands and to provide for control and management of stormwater runoff consistent with sound water and land use practices. These activities will reduce to the extent possible any adverse effects of stormwater runoff on the water and lands of the State. This policy, to be carried out by establishing and implementing by the Department of Natural Resources and Environmental Control, hereinafter referred to as the “Department,” in cooperation with conservation districts, counties, municipalities and other local governments and subdivisions of this State, and other public and private entities, a statewide comprehensive and coordinated erosion and sediment control and stormwater management program to conserve and protect land, water, air and other resources of the State. This program shall be consistent with, and coordinated with other environmental programs implemented by the Department such as wetlands protection and groundwater protection.
7 Del. C. § 3803 — Delaware Code / Title 7 / Chapter 38 / Section 3803
§ Â
        3803. Agreements relating to eradication.
Status: in_force

The State Department of Natural Resources and Environmental Control may enter into an agreement with any designated county in this State for the purpose of control and eradication of Phragmites australis within that county. When such agreement is executed and certified in writing to the Secretary of State, the Department and the county may conduct surveys to determine the location and amount of infestations of Phragmites australis within that county, and may provide technical and financial assistance to landowners on a cost-sharing basis with those landowners in a cooperative control or eradication program, and may effect a program of mowing, spraying or other control or eradication practices on road rights-of-way, drainage ditch banks, parks, playgrounds and other public and private lands. The agreement between the Department and county may be terminated by either party on 30 days’ written notice.
7 Del. C. § 6421 — Delaware Code / Title 7 / Chapter 64 / Subchapter I / Section 6421
§ Â
        6421. Public bodies to pay service charges.
Status: in_force

Each county, city, town or other public body shall promptly pay to the Authority all service charges and other moneys which the Authority may charge to it, as owner or occupant of any facility, and shall provide for the payment thereof in the same manner as other obligations of such county, city, town or other public body.
7 Del. C. § 6615 — Delaware Code / Title 7 / Chapter 66 / Section 6615
§ Â
        6615. Injunction.
Status: in_force

Action for injunctive relief may be brought by the Secretary to prevent a violation of this chapter or a permit condition. The Court of Chancery may, at its discretion, require bond in the appropriate amount.
7 Del. C. § 6075 — Delaware Code / Title 7 / Chapter 60 / Subchapter V / Section 6075
§ Â
        6075. Nonutility wells and permits for nonutility wells within a service territory served by a water utility under a certificate of public convenience and necessity.
Status: in_force

(a) The Department may not withhold a permit for a potable water well within the service territory served by a water utility under a certificate of public convenience and necessity, or require an applicant for a potable water well permit in an area served by a water utility to utilize the services of the utility, unless:

(1) The Delaware Geological Survey or the Department of Health and Social Services certifies that the ground water supply is inadequate or unsuitable for the intended use for which the permit is being sought;

(2) The water utility demonstrates to the satisfaction of the Department that it can provide service of equal or better quality at lower cost; or

(3) The permit applicant is a resident of a municipality, a county water district authority, or a recorded development where public water is available.

(b) Notwithstanding paragraphs (a)(2) and (3) of this section, following the issuance of a certificate of public convenience and necessity to a water utility, the Department shall not withhold a potable water well permit from any person seeking to construct or extend a well on a farm, farmland or the lands of any existing mobile home community, or an addition, modification or extension of that mobile home community, which as of April 11, 2000, self-supplied potable water under existing permits in an area served by a water utility, nor shall it require that the person utilize the services of the utility. However, this subsection shall not authorize or require the issuance of a potable well permit that would enable a person or entity to act as a water utility without a duly issued certificate of public convenience and necessity.

(c) Notwithstanding any other provision of this section, following the issuance of a certificate of public convenience and necessity to a water utility, the Department shall not withhold a nonpotable water well permit from any person seeking to construct or extend a nonpotable water well in an area serviced by a water utility, subject to the provisions of subsection (d) of this section.

(d) Following the issuance of a nonpotable water well permit in an area for which a certificate of public convenience and necessity has been issued, the Secretary shall send a copy of the permit, with conditions, to the water utility providing water to that area. This notification requirement shall not apply to permits issued for monitor, observation, recovery and dewatering wells. All nonpotable water well permits issued in such an area shall include the following conditions:

(1) Water taken from the well is not to be used for human consumption;

(2) The well shall not, at anytime, be interconnected with any portion of any building’s plumbing and/or any water utility’s service connection;

(3) Representatives of the Secretary and the water utility that services the certificated area may inspect the well at any reasonable time to insure that there are not interconnections; and

(4) That the permit is subject to revocation upon any violation of its permit conditions, and upon revocation, the Secretary shall order that the well will be abandoned.

(e) The Secretary may enforce this section under § 6005 of this title. Violations of this section may be sanctioned under the provisions of §§ 6005 and 6013 of this title.
7 Del. C. § 7416 — Delaware Code / Title 7 / Chapter 74 / Subchapter I / Section 7416
§ Â
        7416. Groundwater risk assessment.
Status: in_force

(a) Because groundwater protection and management is an underlying issue related to leaking underground storage tanks, information on the risks to groundwater resources will be needed to facilitate implementation of the regulations.

(b) The Delaware Geological Survey shall, under the auspices and direction of the Committee, and in cooperation with the Department, examine the need for prioritizing possible leak risks. The Survey may assist the Committee by identifying areas where existing or abandoned leaking underground storage tanks would pose the most significant risk.
7 Del. C. § 709 — Delaware Code / Title 7 / Chapter 7 / Subchapter I / Section 709
§ Â
        709. Hours for hunting; federal laws and regulations; prohibitions and exceptions.
Status: in_force

No person shall pursue, catch, take or kill any migratory bird or fowl except within the hours permitted by federal laws and regulations. No person shall pursue, catch, take or kill any animal protected by the laws of this State except frogs, muskrats, raccoons, opossums, skunks, minks, otter and foxes between a half an hour after sunset of 1 day and a 1/2 before sunrise the following day. No person shall shoot muskrats within the hours named in this section.
7 Del. C. § 4122 — Delaware Code / Title 7 / Chapter 41 / Subchapter III / Section 4122
§ Â
        4122. Investigation; hearing.
Status: in_force

The county soil conservation district shall cause an investigation to be made by the Division of Watershed Stewardship in order to ascertain the general location and approximate watershed boundaries of the proposed tax ditch, and to obtain other information to assist the district to determine whether the formation of the tax ditch is practicable and feasible and is in the interest of the public health, safety and welfare. The district may hold such hearings as it deems necessary in order to assist it in making such determination.
7 Del. C. § 4160 — Delaware Code / Title 7 / Chapter 41 / Subchapter IV / Section 4160
§ Â
        4160. Meetings of ditch managers; quorum.
Status: in_force

The ditch managers shall meet as often as necessary to properly conduct the business of the tax ditch. At such meetings a majority of the ditch managers shall constitute a quorum and the concurrence of a majority in any matter within their duties shall be required for its determination.
7 Del. C. § 4308 — Delaware Code / Title 7 / Chapter 43 / Subchapter II / Section 4308
§ Â
        4308. Employment of qualified personnel.
Status: in_force

The Department of Natural Resources and Environmental Control shall employ personnel qualified by experience in structural engineering, bulk heading, dredging and soil work to assist it in carrying out its functions under this chapter and to perform related duties within the Division of Watershed Stewardship.
7 Del. C. § 9113 — Delaware Code / Title 7 / Chapter 91 / Subchapter I / Section 9113
§ Â
        9113. Hazardous Substance Cleanup 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 Hazardous Substance Cleanup Fund (“The Fund”).

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

(1) All the taxes assessed pursuant to § 9114 of this title;

(2) All remedial costs recovered pursuant to this chapter;

(3) Penalties collected or recovered pursuant to this chapter;

(4) Penalties collected or recovered pursuant to this chapter, not to include penalties assessed on any gross receipts tax surcharge provided by this chapter;

(5) The State Treasurer shall credit to the Hazardous Substance Cleanup Fund such amount of interest as determined by this paragraph upon such Fund. On or before 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. The Fund’s average balance shall be determined by averaging, in each instance, the balances at the beginning of each month and the balances at the end of that month; and

(6) Any other money appropriated or transferred to the account by the General Assembly.

(c) Money in the Fund may be used by the Secretary only to carry out the purposes of this chapter, including the following activities:

(1) Implementing the hazardous substance cleanup program required under this chapter.

(2) Providing a remedy with respect to releases or imminent threats of release of a hazardous substance at or from facilities.

(3) Providing for state matching funds required under the CERCLA, as well as future operations and maintenance costs for facilities at which a state match is required.

(4) Reimbursing, or directly paying, any person for reasonable remedial costs incurred with the prior authorization of the Secretary in responding to a hazardous substance remedy, including remedies of releases from underground storage tanks, pursuant to authorization of the Secretary. Direct payments may be made to the certified environmental consultant who performed the remedial work provided that the brownfield developer acknowledge and sign the remedial work invoice.

(5) Conducting emergency response actions pursuant to §§ 9106, 6308 and 7406 of this title.

(6) Providing low interest loans to parties with an executed settlement agreement with the Department.

(7) Payment to the Division of Revenue for the costs of administering § 9114 of this title.

(8) Provide for a remedy, or for reimbursement of allowable costs, for certified brownfields.

(9) Provide annually to the Brownfields Grant Program an amount equal to â  of the amount deposited in that year into the Hazardous Substance Cleanup Fund under this section.

(d) No greater than 15% of the average of moneys deposited into the Fund over the previous 10 fiscal years may be used for administering this chapter without approval of the Joint Finance Committee.

(e) Any expenditures of moneys from the Fund on sites not budgeted for under § 9104(c)(2) of this title must be approved by the Speaker of the House and the President Pro Tempore of the Senate.
7 Del. C. § 2802 — Delaware Code / Title 7 / Chapter 28 / Section 2802
§ Â
        2802. Commercial conch pot license; fees; exemptions.
Status: in_force

(a) It shall be unlawful for any person to catch, take or harvest conchs while fishing more than 2 conch pots in the waters of this State unless said person has in possession a valid commercial conch pot license.

(b) It shall be unlawful for any person to attempt to catch, take or harvest conchs while fishing more than 2 conch pots in the waters of this State unless said person has in possession a valid commercial conch pot license.

(c) It shall be unlawful for the operator of any vessel not equipped with a dredge to have on board said vessel more than 5 bushels of conchs unless said operator has in possession a valid commercial conch pot license.

(d) It shall be unlawful for a commercial conch pot licensee to place, use, set or tend more than 2 conch pots from any vessel other than a vessel owned and operated by said licensee. Said vessel shall be listed by the Department on the licensee’s commercial conch pot license.

(e) It shall be unlawful for more than 1 commercial conch pot licensee to place, use, set or tend conch pots from the same vessel.

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

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

(2) Be eligible for a commercial crab pot license in Delaware pursuant to the provisions of § 1918 of Title 7.

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

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

(h) The annual fee for a commercial conch pot license shall be $57.50 for residents and $575 for nonresidents.

(i) A commercial conch pot licensee may designate no more than 2 persons who are residents of this State on the license as designee or designees. A commercial conch pot licensee’s designee is authorized to place, use, set, tend or remove the licensee’s conch pots while operating a vessel listed on the licensee’s commercial conch pot license without the licensee being on board the vessel.

(j) An active commercial fisher with a commercial conch pot license may transfer his or her license to a commercial fishing apprentice who has completed no less than 150 days of commercial fishing activities over no less than a 1-year period.
7 Del. C. § 4903 — Delaware Code / Title 7 / Chapter 49 / Section 4903
§ Â
        4903. Funds and appropriations; expenditures.
Status: in_force

Any funds received from other than state appropriations may be paid to the Secretary of Finance who shall keep the same in a separate fund or account, and such funds shall be used only for the purpose of carrying out this chapter.
7 Del. C. § 4517 — Delaware Code / Title 7 / Chapter 45 / Section 4517
§ Â
        4517. Power of Department of Natural Resources and Environmental Control.
Status: in_force

(a) Nothing contained in this chapter shall prohibit or limit in any way the power and authority granted unto the Department of Natural Resources and Environmental Control to develop, establish and maintain state parks on the public lands of the State in Sussex County bordering on the Atlantic Ocean as such power and authority is set forth in Chapter 47 of this title.

(b) Anything contained in this chapter to the contrary notwithstanding, the Department of Natural Resources and Environmental Control shall not convey, lease or extend or renew any lease of lands upon which the Department of Natural Resources and Environmental Control has established a state park, except with the approval of the Department of Natural Resources and Environmental Control.
7 Del. C. § 6902 — Delaware Code / Title 7 / Chapter 69 / Section 6902
§ Â
        6902. Creation, conveyance, acceptance and duration.
Status: in_force

(a) Except as otherwise provided in this chapter, a conservation easement may be created, conveyed, recorded, assigned, released, modified, terminated or otherwise altered or affected in the same manner as other easements.

(b) No right or duty in favor of or against a holder and no right in favor of a person having a third-party right of enforcement arises under a conservation easement before its acceptance by the holder and a recordation of that acceptance.

(c) Except as provided in § 6903(b) of this title, a conservation easement is unlimited in duration unless the instrument creating it otherwise provides.

(d) An interest in real property in existence at the time a conservation easement is created is not impaired by it, unless the owner of the interest is a party to the conservation easement or consents to it.
7 Del. C. § 6210 — Delaware Code / Title 7 / Chapter 62 / Section 6210
§ Â
        6210. Notification; designation; advertisement.
Status: in_force

(a) The person in charge of a vessel or facility, which is subject to this chapter, as soon as he or she has knowledge of an incident in which the vessel or facility is involved, shall immediately notify the Secretary of the incident.

(b) (1) When the Secretary receives information, pursuant to subsection (a) of this section or otherwise, of an incident which involves oil pollution, the Secretary shall, where possible, designate the source or sources of the oil pollution and shall immediately notify the owner and operator of such source, and the guarantor, of that designation as well as the Attorney General of the State.

(2) When a source designated under paragraph (b)(1) of this section is a vessel or a facility, and the owner, operator or guarantor fails to inform the Secretary, within 5 days after receiving notification of the designation, of his or her denial of such designation, such owner, operator or guarantor, in accordance with regulations promulgated by the Secretary, shall advertise the designation and the procedures by which claims may be presented to him or her. If advertisement is not otherwise made in accordance with this paragraph, the Secretary shall, at the expense of the owner, operator or guarantor involved, advertise the designation and the procedures by which claims may be presented to that owner, operator or guarantor.

(c) Advertisement under subsection (b) of this section shall commence no later than 15 days from the date of the designation made thereunder to continue for a period of no less than 30 days.
7 Del. C. § 4507 — Delaware Code / Title 7 / Chapter 45 / Section 4507
§ Â
        4507. Delivery of deeds; restrictions therein.
Status: in_force

The Department of Natural Resources and Environmental Control, together with the Governor of this State, may execute and deliver a good and sufficient deed to any part of the public lands of this State, and may place upon the sale of such lands a restriction requiring the expenditure by any person purchasing the same of a certain amount of money upon any tract sold to them, or may require any other conditions which the Department of Natural Resources and Environmental Control deems advisable for the public good.
7 Del. C. § 9115 — Delaware Code / Title 7 / Chapter 91 / Subchapter I / Section 9115
§ Â
        9115. Notice in property records.
Status: in_force

(a) Pursuant to § 9104(b)(2) of this title, when a release of a hazardous substance that has been determined by the Secretary to be a threat to public health or the environment has occurred at a facility or property on which the facility is located, the owner of the property shall place a notice in the records of real property kept by the Recorder of Deeds of the county in which the property is located. The notice shall:

(1) Identify the facility;

(2) Identify the owner of the facility and the person causing the notice to appear;

(3) State that a release occurred at or from the facility;

(4) State the date the release occurred; and

(5) Direct further inquiries to the Secretary.

(b) Any certification of completion of remedy issued in accordance with § 9108 of this title shall be promptly filed by the owner with the records of real property kept by the recorder of deeds of the county in which the facility is located and shall identify the facility, the owner of the facility, and the date of issuance of the certification of completion.
7 Del. C. § 7913 — Delaware Code / Title 7 / Chapter 79 / Subchapter II / Section 7913
§ Â
        7913. Recording.
Status: in_force

(a) An environmental covenant and any amendment or termination of the covenant must be recorded in every county in which any portion of the real property subject to the covenant is located. A recorded environmental covenant or a notice recorded pursuant to § 7914 of this title must be indexed in the grantor’s index in the names of the owners of the real property subject to the covenant and in the grantee’s index in the name of the holder.

(b) Except as otherwise provided in § 7908(c) of this title, an environmental covenant is subject to the laws of this state governing recording and priority of interests in real property. Recording of a covenant pursuant to the law of this state provides the same constructive notice of the covenant as the recording of a deed provides of an interest in real property.
7 Del. C. § 6092 — Delaware Code / Title 7 / Chapter 60 / Subchapter VII / Section 6092
§ Â
        6092. Labeling.
Status: in_force

(a) On or after July 1, 1992, no person shall distribute, sell or offer for sale in this State any plastic bottle or rigid plastic container unless such container is labeled with a code identifying the appropriate resin type used to produce the structure of the container. The code shall consist of a number placed within 3 triangulated arrows and a letter placed below the triangle of arrows. The triangulated arrows shall be equilateral, formed by 3 arrows with the apex of each point of the triangle at the midpoint of each arrow, rounded with a short radius. The pointer (arrowhead) of each arrow shall be at the midpoint of each side of the triangle with a short gap separating the pointer from the base of the adjacent arrow. The triangle, formed by the 3 arrows curved at their midpoints, shall depict a clockwise path around the code number. The numbers and letters used shall be as follows:

1 = PETE (polyethylene threphthalate)

2 = HDPE (high density polyethylene)

3 = V (vinyl)

4 = LDPE (low density polyethylene)

5 = PP (polypropylene)

6 = PS (polystyrene)

7 = Other

(b) The Department shall maintain a list of the label codes provided in subsection (a) of this section and shall provide a copy of the list to any person upon request.

(c) The provisions of this section and any rules or regulations adopted hereunder shall be interpreted to conform with nationwide plastics industry standards.
7 Del. C. § 6007 — Delaware Code / Title 7 / Chapter 60 / Subchapter II / Section 6007
§ Â
        6007. Establishment of Environmental Appeals Board.
Status: in_force

(a) There is hereby created an Environmental Appeals Board which shall consist of 7 Delaware residents, appointed by the Governor with the advice and consent of the Senate. The Chairperson shall be appointed by the Governor and serve at the Governor’s pleasure. Each county shall be represented by 2 members. Registered members of either major political party shall not exceed the other major political party by more than 1. The term of each member appointed shall be 3 years. Vacancies in Board membership shall be filled by the Governor for the remainder of the unexpired term.

(b) The Board is a quasi-judicial review board which is constituted in order to hear appeals of decisions of the Secretary. The Board or its designee may issue subpoenas by certified mail for witnesses or evidence, administer oaths to witnesses and conduct prehearing conferences for the simplification of issues by consent, for the disposal of procedural requests or disputes and to regulate and expedite the course of the hearing.

(c) A simple majority of the Board shall constitute a quorum. A simple majority of those members of the Board present shall be required to override the decision of the Secretary. The Board shall schedule, but not necessarily conduct, a hearing within 30 days following the receipt of the appeal. In any event, the Board shall conduct, but not necessarily complete, the hearing within 180 days following the receipt of the appeal unless the parties agree otherwise. The Board may verbally announce the decision at the conclusion of the hearing. A written decision shall be mailed to the parties by certified mail within 90 days after the completion of the hearing. If the Board fails to conduct the hearing or to issue the written opinion as required, the decision of the Secretary shall be a final decision for the purposes of appeal.

(d) Any member of the Board with a personal or private financial interest in the outcome of an appeal before the Board shall disqualify himself or herself from any consideration of that matter and shall inform the Chairperson who shall note such interest on the record of the hearing.

(e) Each Board member shall be compensated for such reasonable expenses as travel and meals for each meeting and hearing attended.

(f) The Environmental Appeals Board shall adopt such rules and regulations as are necessary to provide procedures to implement the terms of §§ 6007-6009 of this title, which shall apply to appeals to the Environmental Appeals Board. Prior to adopting any such rules and regulations, the Board shall designate a day, time and place for a public hearing on such proposed rules or for any amendments to existing or proposed rules and regulations. The Board shall give 20 days’ notice of such hearing by publication in a newspaper of general circulation in the State and shall make copies of such proposed regulations available to the public upon request. The public hearing on such regulations shall be consistent with the provisions of Chapter 101 of Title 29.

(g) In any appeal to the Board there shall be required a reasonable fee, as established by the General Assembly, to cover such costs as are incurred during the appeal. The fees charged by the Environmental Appeals Board shall be deposited in a special account in the name of the Environmental Appeals Board and shall be used solely for the costs and expenses of that Board in holding its hearings and proceedings.
7 Del. C. § 781 — Delaware Code / Title 7 / Chapter 7 / Subchapter V / Section 781
§ Â
        781. Taking or destroying terrapin eggs; penalty.
Status: in_force

Whoever takes or destroys any terrapin eggs found, or collected, on or near the shore of any bay, river or stream in this State, where the water is salt, or upon any salt marsh, or beach, shall be guilty of a class D environmental violation. Anyone having possession of such eggs shall be deemed to have taken them there, unless that person proves the contrary.
7 Del. C. § 2807 — Delaware Code / Title 7 / Chapter 28 / Section 2807
§ Â
        2807. Marking of conch pots.
Status: in_force

(a) In Delaware’s internal waters, it shall be unlawful for any commercial conch pot licensee to catch, take or harvest conchs with any conch pot or attempt to catch, take or harvest conchs with any conch pot unless each conch pot is attached to a floating buoy. In Delaware’s territorial sea, conch pots may be attached to a trawline up to 1,200 feet long, provided each end of the trawline is attached to a buoy. The buoys for commercial conch pots and trawlines shall be a specific color combination as assigned to each commercial conch pot licensee by the Department. Any person who has a valid commercial crab pot license shall be assigned the same color code for the person’s commercial conch pot buoys as assigned to the person’s commercial crab pots. An additional buoy shall be attached at the farthest position from the conch pot or trawline which shall be colored 1/2 white and 1/2 black. The Department shall assign a commercial conch pot number to each commercial conch pot licensee. Inscribed on the 1/2 white and 1/2 black buoy the farthest from the conch pot shall be a capital letter “C” followed by said person’s commercial conch pot number. The letter “C” and conch pot number shall be at least 2 inches tall, and a contrasting color to be legible at all times.

(b) It shall be unlawful for any person other than a commercial conch pot licensee to catch, take or harvest conchs with any conch pot or attempt to catch, take or harvest conchs with any conch pot unless said conch pot is attached to an all white buoy with said persons full name and permanent mailing address inscribed either on the white buoy or on a waterproof tag attached to said buoy. The person’s name and address shall be legible at all times.
7 Del. C. § 6413 — Delaware Code / Title 7 / Chapter 64 / Subchapter I / Section 6413
§ Â
        6413. No pledge of credit; exception.
Status: in_force

The Authority shall have no power to pledge the credit or to create any debt or liability of the State, or of any other agency or of any political subdivision, except that bonds, loan agreements or service agreements, all of which may be supported by the full faith and credit of a municipality, may be pledged as security for bonds or other obligations of the Authority.
7 Del. C. § 928A — Delaware Code / Title 7 / Chapter 9 / Section 928A
§ Â
        928A. Trade in shark fins; penalty.
Status: in_force

(a) For the purpose of this section:

(1) “Shark” shall mean any species of the subclass Elasmbranchii, exclusive of the Spiny dogfish (Squalus acanthias) and Smooth dogfish (Mustelus canis); and

(2) “Shark fin” shall mean the raw, dried or otherwise processed detached fin, or the raw, dried or otherwise processed detached tail, of a shark.

(b) Except as otherwise provided in this section, no person shall possess, sell, offer for sale, trade or distribute a shark fin.

(c) Any person who holds a license and permit issued by the Department to take or land sharks for commercial purposes may possess or distribute, but not sell within Delaware, a shark fin taken or landed by that person pursuant to, and consistent with, the terms of that license or permit.

(d) Any person holding a license issued by the Department, or those persons exempt from licensing requirements concerning taking or landing sharks for recreational purposes, may possess a shark fin taken or landed by that person for personal use.

(e) The Department may issue scientific permits pursuant to § 911 of this title permitting possession of a shark fin for bona fide scientific research purposes.

(f) Any shark fin seized by the Department through the enforcement of this section shall upon forfeiture be destroyed by the Department, and not sold.

(g) Changes, deletions, or additions relative to new fisheries subject to this section may be devised and enacted by the General Assembly or by the Department regulatory process.

(h) Whoever violates this section shall be guilty of a class B environmental misdemeanor for each offense.
7 Del. C. § 6015 — Delaware Code / Title 7 / Chapter 60 / Subchapter II / Section 6015
§ Â
        6015. 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. § 6059 — Delaware Code / Title 7 / Chapter 60 / Subchapter III / Section 6059
§ Â
        6059. Enforcement, civil and administrative penalties.
Status: in_force

(a) Whoever violates this subchapter, or any rule or regulation promulgated there under, or any order of the Secretary, shall:

(1) For the first conviction, be fined not less than $100 nor more than $500 for each day of violation;

(2) For each subsequent conviction for the same offense within a 10-year period, be fined not less than $500 nor more than $1,500 for each day of violation;

(3) In the Secretary’s discretion, the Secretary may endeavor by conciliation to obtain compliance with all requirements of this subchapter. Conciliation shall be giving written notice to the responsible party:

a. Specifying the complaint;

b. Proposing a reasonable time for its correction;

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

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

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

(b) Any person whose interest is substantially affected by any action of the Secretary may appeal to the Environmental Appeals Board, in accordance with § 6008 of this title.
7 Del. C. § 6099A — Delaware Code / Title 7 / Chapter 60 / Subchapter IX / Section 6099A
§ Â
        6099A. At-store recycling program.
Status: repealed

(a) For purposes of this subchapter, the following definitions shall apply:

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

(2) “Manufacturer” means the producer of a plastic carryout bag sold to a store.

(3) “Plastic carryout bag” means a plastic bag provided by a store to a customer at the point of sale made from plastic and not specifically designed and manufactured to be reusable.

(4) “Reusable bag” means a carryout bag made of polypropylene fabric, PET nonwoven fabric, nylon, cloth, cotton, jute, hemp product, or other washable fabric which also meets all of the following requirements:

a. Is a bag made of cloth or other durable fabric that has stitched handles.

b. [Repealed.]

c. Has a volume capacity of at least 4 gallons (equivalent to 15 liters or 924 cubic inches).

d. Is machine washable or made from a durable material that can be cleaned and disinfected.

e. Does not contain lead, cadmium, or any other toxic material that may pose a threat to public health. A reusable bag manufacturer may demonstrate compliance with this requirement by obtaining a no objection letter from the federal Food and Drug Administration.

f., g. [Repealed.]

(5) “Store” means a retail establishment, excluding a restaurant, engaged in the business of selling or exchanging goods or services for cash, barter, or any form of consideration on the assumption that the purchaser of such goods or services has acquired the goods or services for ultimate consumption or use and not resale that provides carryout bags to its customers in conjunction with the sale of such goods or services.

a., b. [Repealed.]

(b) The store which provides plastic bags for exemptions listed in paragraph (e)(3) of this section below shall establish an at-store recycling program pursuant to this section that permits a customer of the store to return clean and dry plastic bags and film to the store.

(c) A retail establishment that does not meet the definition of a store, as defined herein, and that provides plastic carryout bags to customers at the point of sale may adopt a similar at-store recycling program, as specified in this section.

(d) An at-store recycling program provided by a store shall include all of the following:

(1) [Repealed.]

(2) A plastic bag and film collection bin shall be placed at each store and shall be visible, easily accessible to the consumer, and clearly marked that the collection bin is available for the purpose of collecting and recycling plastic carryout bags.

(3) All plastic bags and film collected by the store shall be collected and recycled in a manner consistent with the intent of this section. In no instance, shall a store permit collected plastic bags and film to be disposed of or to further any act other than the recycling of such bags.

(4) The store shall maintain records describing the collection and recycling of plastic bags and film collected by such store and shall make the records available to the Department of Natural Resources and Environmental Control (DNREC), upon request, to demonstrate compliance with this section.

(5) The store shall make reusable bags available to customers within the store, which bags may be purchased by such customer and used in lieu of using a plastic carryout bag or paper bag. This subsection is not applicable to a retail establishment specified pursuant to subsection (c) of this section above.

(e) Effective January 1, 2021, a “store” as defined in subsection (a) of this section shall not provide any single-use plastic carryout bag, as defined in subsection (a) of this section, to a customer at the point of sale except as provided in this section:

(1) A store may make available for purchase or distribution at the point of sale a reusable grocery bag that meets the requirements of paragraph (a)(4) of this section.

(2) A store may make paper bags available for no cost or charge any price at their discretion.

(3) A store may provide plastic carryout bags for any of the following purposes:

a. Bags used to contain or wrap frozen foods, meat or fish, flowers or potted plants, or other items to contain dampness.

b. Bags sold in packages containing multiple bags intended for use as garbage, pet waste, or yard waste.

c. Bags used to contain live animals such as fish or insects sold in pet stores.

d. Bags used to transport chemical pesticides, drain-cleaning chemicals, or other caustic chemicals.

e. Nonhandled bags used to protect a purchased item from damaging or contaminating other purchased items when placed in a recycled paper bag or a reusable grocery bag.

f. Bags provided to contain an unwrapped food item.

g. Nonhandled bags that are designed to be placed over articles of clothing on a hanger.

h. Bags used by customers inside a business to package loose items, such as nuts, ground coffee, grains, fruits, vegetables, or candies.

(4) Stores that have adopted practices which eliminate the need for plastic carry out bags as outlined in this subsection do not need to participate in an at-store recycling program.

(f) The manufacturer of a plastic carryout bag shall provide educational materials to all stores required to comply with this section to encourage the reduction, reuse, and recycling of plastic carryout bags and the stores shall place such materials in a conspicuous location, visible to the customers of such store.

(g) (1) Unless expressly authorized by this section, a county, city, or other public agency shall not adopt, implement, or enforce an ordinance, resolution, regulation, or rule to do any of the following:

a. Require a store that is in compliance with this section to collect, transport, or recycle plastic carryout bags.

b. [Repealed.]

c. Impose auditing or reporting requirements upon a store that are in addition to those set forth in paragraph (d)(4) of this section.

(2) This section does not prohibit the adoption, implementation, or enforcement of any county, city or other local ordinance, resolution, regulation, or rule governing curbside or drop off recycling programs operated by, or pursuant to a contract with, a county, city, or other public agency, including any action relating to fees for these programs.

(3) [Repealed.]

(4) This section does not affect any contract, franchise, permit, license, or other arrangement regarding the collection or recycling of solid waste or household hazardous waste.

(h)-(j) [Repealed.]
7 Del. C. § 7506 — Delaware Code / Title 7 / Chapter 75 / Section 7506
§ Â
        7506. Powers and duties of the Council.
Status: in_force

In addition to its other powers and duties provided in this chapter, the Council shall:

(1) Advise and consult with the Secretary, Department, and State agencies on preservation matters.

(2) Advise and consult with the Secretary regarding any change from permanently protected status of open space acquired or otherwise protected under this chapter.

(3) Develop, in conjunction with the State agencies and with public input, an Open Space Program Plan ( “Plan” ) for the Council’s consideration and approval.

a. The Plan shall include the Council’s and state agencies’ strategies, goals, and priorities for the application of funds available for the permanent protection of land.

b. The Plan may include analysis and discussion of various creative and innovative methods to secure the permanent protection of open space land, including:

1. Local and regional land trusts.

2. Conservation and preservation easements on a statewide basis.

3. Purchase of less than a fee simple interest in land.

4. Programs to create financial incentives for private sector contributions to establish operations and maintenance funds for open space land protected under this chapter.

5. An analysis, in conjunction with all appropriate public and private conservation entities, of the best practices for fee simple and conservation easement options for protecting forest and freshwater wetland habitats and other land eligible for permanent protection.

c. The Council and state agencies shall review the Plan every 5 years and may update the Plan as necessary.

(4) Encourage the Secretary to analyze, in conjunction with the Department of Finance, the state and local tax codes and formulate incentives to encourage landowners and developers to maintain their lands that qualify as open space in an undeveloped state or to sell or donate such lands to the State or private land preservation organizations.

(5) Encourage the Department, private land preservation organizations, and interested private sector entities to preserve and protect open space for the benefit of the citizens of this State.
7 Del. C. § 6023 — Delaware Code / Title 7 / Chapter 60 / Subchapter II / Section 6023
§ Â
        6023. Licensing of water well contractors, pump installer contractors, drillers, drivers, pump installers, septic tank installers, liquid waste treatment plant operators and liquid waste haulers.
Status: in_force

(a) No person shall:

(1) Engage in the drilling, boring, coring, driving, digging, construction, installation, removal or repair of a water well or water test well; or

(2) Install, maintain or repair pumping equipment in or from a well without a license issued by the Department, except (i) as, or under the supervision of, a licensed plumber, or (ii) an agricultural well on land owned or leased by the person installing, maintaining or repairing the pumping equipment. For the purpose of this paragraph “agricultural well” shall mean a well used for irrigation of crops, for the watering of livestock or poultry, for aquaculture uses, or for other on-farm purposes where the water is not to be used for human consumption or to service a residential dwelling.

(b) No person shall engaged in the construction, repair, installation or replacement of a septic tank system or any part thereof except as or under the supervision of a licensed septic tank installer.

(c) No person shall operate any liquid waste treatment system without a duly licensed liquid waste treatment plant operator.

(d) No person shall haul, convey or transport any liquid waste in any container without a license issued by the Department.

(e) Any person requiring a license for any activity specified in subsections (a)-(d) of this section shall file an application with the Secretary in such form and accompanied by such information as the Secretary may require by regulation.

(f) The Secretary shall have the exclusive power to grant or deny any license required under subsections (a), (b), (c) and (d) of this section. The Secretary shall adopt regulations setting forth requirements, including an acceptable performance or an examination for obtaining and retaining any such license.
7 Del. C. § 4153 — Delaware Code / Title 7 / Chapter 41 / Subchapter IV / Section 4153
§ Â
        4153. Representation at meeting.
Status: in_force

In addition to the Division of Watershed Stewardship, the county soil conservation district may be represented at the organization meeting by 1 member of the board of district supervisors.
7 Del. C. § 2701 — Delaware Code / Title 7 / Chapter 27 / Section 2701
§ Â
        2701. Authority of the Department.
Status: in_force

(a) The Department shall establish and administer a program for the conservation and management of horseshoe crabs. Such program shall include the promulgation of regulations for:

(1) Administration of a permitting system and issuance of permits as defined by this chapter;

(2) Designation of areas for harvest and restriction as necessary to sensitive habitat and public safety;

(3) Definition of acceptable equipment and methods of harvest;

(4) Designation of lawful seasons for collection;

(5) Establishment of limits or the quantities to be harvested; and

(6) Establishment of reporting requirements for all permit holders authorized to take horseshoe crabs.

(b) Before implementing rules and regulations, and any subsequent changes thereto, the Department shall conduct a public hearing on the proposed regulations. The Department shall publish notice of a public hearing in newspapers of general circulation in the State no less than 20 days in advance of the public hearing. Said notice shall include a brief description of the proposed regulation, the time and location of the public hearing and the manner in which the public may respond to the Department on the proposed regulation. The regulations shall be filed with the Secretary of State prior to implementation.

(c) The Department shall be authorized to adopt interim regulations notwithstanding the provisions of subsection (b) of this section in order to implement administrative procedures and the provisions of subsection (a) of this section in a timely manner. These interim regulations may be adopted by the Department for a period not to exceed 90 days. Interim regulations shall become effective upon the date they are filed with the Secretary of State.

(d) The Department shall be further authorized to adopt emergency regulations notwithstanding the provisions of subsection (b) of this section when such regulations are necessary to deal with an actual or eminent threat to the horseshoe crab resources and the fishery thereof. Emergency regulations may be adopted by the Department for a period not to exceed 90 days. As soon as practicable after adoption of emergency regulations hereunder, the Department shall conduct a public hearing on the matter in accordance with subsection (b) of this section for the purpose of implementing regulations. Emergency regulations shall become effective upon the date they are filed with the Secretary of State.
7 Del. C. § 4365 — Delaware Code / Title 7 / Chapter 43 / Subchapter V / Section 4365
§ Â
        4365. Installment payment of taxes for construction; lien; amount of first installment.
Status: in_force

(a) The lagoon managers may order the tax levied for the cost of dredging to be paid in annual installments and shall designate the method of payment on the tax warrant when it is forwarded to the appropriate receiver of taxes and county treasurer.

(b) In the event that the lagoon managers order the tax levied for the cost of construction to be paid in annual installments, the entire tax shall, nevertheless, constitute a present lien on the lands against which it is levied, and the amount of the first installment shall not be less than the sum of all payments for damages and compensation as set forth in the lagoon order, plus the costs and expenses incurred in the formation of a tax lagoon.
7 Del. C. § 4003A — Delaware Code / Title 7 / Chapter 40 / Section 4003A
§ Â
        4003A. Runoff Control near Mill Creek, Little Mill, Red Clay, White Clay Creek, Persimmon Creek and Shellpot Creek.
Status: in_force

All land development subject to this chapter in the Mill Creek, Little Mill Creek, Red Clay Creek, White Clay Creek, Persimmon Creek and Shellpot Creek watersheds of New Castle County will, in addition to meeting all other requirements for stormwater management, be required to demonstrate successful management of any increase in stormwater runoff volume from predevelopment land use conditions. Successful management of increased stormwater volume shall include but not be limited to; recharge, infiltration and reuse where soils and site conditions are applicable. For any increase in volume that cannot be recharged, infiltrated or reused, volume management may be achieved by modifying the release rate for the increase in volume so as not to increase the flood elevation for all storms up to and including the 100-year return period.
7 Del. C. § 6428 — Delaware Code / Title 7 / Chapter 64 / Subchapter I / Section 6428
§ Â
        6428. Deposit of solid waste generated outside State prohibited.
Status: in_force

Any provision of this chapter to the contrary notwithstanding, solid waste including infectious waste, generated outside the State shall not be delivered to a facility operated by, or on behalf of, or under contract with the Authority. However, recyclable materials generated outside the State may be delivered for recycling to a recycling center or facility operated by, on behalf of, or under contract with the Authority. This section does not limit the Authority’s power under this chapter to promulgate regulations further limiting the delivery of solid waste to its facilities based upon the hazardous, explosive, toxic, pathological, infectious or radioactive properties of the waste, or by reason of its other physical properties, chemical composition or quantity which may have an adverse effect on the Authority’s facilities.
7 Del. C. § 6039 — Delaware Code / Title 7 / Chapter 60 / Subchapter II / Section 6039
§ Â
        6039. Debris disposal area remediation.
Status: in_force

(a) The Secretary may develop, implement and administer a program for the identification, investigation, assessment, mitigation and remediation of debris disposal areas created as part of the construction of residential or subdivision developments. Any person who caused or contributed to the creation or use of a debris disposal area on or after December 8, 1988, shall be subject to enforcement for illegal disposal and may be required by order from the Department to remove and properly dispose of such material. The Department is authorized to develop policies, procedures and guidelines and may establish, amend, modify and repeal, after notice and public hearing, such regulations as may be necessary to effectuate the purposes of this section. The Department may establish an application fee not to exceed $250 for homeowners to participate in the remediation program. The money generated by this application fee shall be placed in the “Debris Disposal Area Remediation Account.” This account shall only be used to offset costs of this program. Homeowners who wish to excavate and remove buried debris from their own residential property or homeowners who have already excavated and removed buried debris from their own residential property are eligible for reimbursement of the cost of remediation up to a maximum reimbursement of $10,000, provided that:

(1) The cost was incurred on or after December 8, 1988;

(2) The disposal areas were created as part of the construction of residential or subdivision developments in accordance with this section; and

(3) Satisfactory documentation of the work and expenses incurred are provided.

(b) The Department shall report the findings from the study and the evaluation and make recommendations to the Governor and the General Assembly no later than March 15, 1999.

(c) There shall be established within the Department an account to be known as the “Debris Disposal Area Remediation Account.” All funds made available to the Department in accordance with the provisions of subsection (b) of this section shall be placed in the Debris Disposal Area Remediation Account to be used by the Department or its agents to carry out the purposes of this section. The Department may establish presumptive remedies to address the remediation of debris disposal areas. These funds shall be used for the purpose of identifying, investigating, assessing, mitigating or remediating debris disposal areas and associated effects as determined by the Department. Notwithstanding any other provision to the contrary, up to $7,500 per site may also be used to cover any secondary damage that may occur to existing structures or property as the result of the remediation, which, if applicable, shall be in addition to the maximum reimbursement amount established in subsection (a) of this section.

(d) The Department may use funds from the Debris Disposal Area Remediation Account to identify, investigate, assess, mitigate or remediate any debris disposal area constructed, used or filled subsequent to December 8, 1988, if the party responsible for the area does not respond as required to any order issued by the Secretary, and if such site presents an imminent threat to human health, safety or the environment as determined by the Department. In addition to the assessment of any penalty as provided in § 6005(a) and (b) of this title, any person who fails to comply with any order issued by the Secretary to identify, investigate, assess, mitigate or remediate any debris disposal area may be liable for all costs incurred by the Department to do so as provided in § 6005 (c) of this title.

(e) Except to the extent provided herein, no provision contained in this section shall relieve any party from compliance with or liability under any other environmental statute, including, but not limited to, Chapters 60, 62, 63, 66, 74 and 77 of Title 7.
7 Del. C. § 7912 — Delaware Code / Title 7 / Chapter 79 / Subchapter II / Section 7912
§ Â
        7912. Notice.
Status: in_force

(a) The owner or another person designated by the Department shall provide a copy of a signed environmental covenant as required by the Department to:

(1) All persons who signed the covenant;

(2) All persons holding a recorded interest in the real property subject to the covenant;

(3) All persons in possession of the real property subject to the covenant;

(4) Each municipality or other unit of local government in which real property subject to the covenant is located; and

(5) Any other persons the Department requires.

(b) Failure to provide a copy of the covenant as required by the Department does not affect the covenant’s validity.
7 Del. C. § 1307 — Delaware Code / Title 7 / Chapter 13 / Section 1307
§ Â
        1307. Report to Department.
Status: in_force

Any court or officer of any court, before whom any prosecution, under this part, is commenced or shall go on appeal, and within 20 days after trial or dismissal thereof, shall report in writing the result thereof and the amount of fine or forfeiture collected, if any, and the disposition thereof, to the Department, remitting at the same time all money collected from fines and forfeitures.
7 Del. C. § 4364 — Delaware Code / Title 7 / Chapter 43 / Subchapter V / Section 4364
§ Â
        4364. Warrants by tax lagoons for collection of taxes â Duties of receiver of taxes and county treasurer.
Status: in_force

All taxes levied by any tax lagoon organized under this chapter shall be collected by the receiver of taxes and county treasurer in the county or counties wherein the lands taxed are located. The receiver of taxes and county treasurer shall accept tax warrants in proper form from such tax lagoons, shall refer to tax lagoon assessment lists on file with the board of assessment of the county, and shall collect such taxes warranted annually, pursuant to the terms of the warrants, in the same manner as provided by law for the collection of county taxes, and money so collected shall be paid during the months of November, January and July to the receiver designated in the tax warrants. Warrants received not later than May 1 of each year by the receiver of taxes and county treasurer shall be processed to be collected during that same year. Tax warrants marked plainly as being for annual maintenance taxes shall be filed by the receiver of taxes and county treasurer in a special binder, and the same shall be maintained as part of the permanent records of that office. Such annual maintenance taxes shall be deemed to have been levied by the tax lagoon as of April 30 of each year, except the year in which the original or a revised maintenance tax warrant is delivered to the receiver of taxes and county treasurer, in which case the levy shall be effective from and after the date of the delivery of such warrant. Annual maintenance taxes, once warranted, shall be collected yearly by the receiver of taxes and county treasurer, except that an annual maintenance tax shall not be collected during any tax year when another warrant, whether for construction taxes or special taxes, for an identical portion of the tax lagoon is in effect and is being collected. The receiver of taxes and county treasurer shall accept original tax warrants for annual maintenance taxes signed by the chairperson of the lagoon managers and attested by the secretary-treasurer of the tax lagoon. Such warrants may not be withdrawn and may not be revised except with the consent of the county soil conservation district, pursuant to § 4369 of this title.
7 Del. C. § 3921 — Delaware Code / Title 7 / Chapter 39 / Subchapter II / Section 3921
§ Â
        3921. Annual appropriations to Division of Watershed Stewardship of Department of Natural Resources and Environmental Control.
Status: in_force

The General Assembly shall annually appropriate:

(1) To the Division of Watershed Stewardship for use in New Castle County, a sum not in excess of $75,000;

(2) To the Division of Watershed Stewardship for use in Kent County, a sum not in excess of $75,000;

(3) To the Division of Watershed Stewardship for use in Sussex County, a sum not in excess of $75,000.
7 Del. C. § 7010 — Delaware Code / Title 7 / Chapter 70 / Section 7010
§ Â
        7010. Cease and desist orders.
Status: in_force

The Attorney General shall have the power to issue a cease and desist order to any person violating any provision of this chapter ordering such person to cease and desist from such violation. Provided, that any cease and desist order issued pursuant to this section shall expire (1) after 30 days of its issuance, or (2) upon withdrawal of said order by the Attorney General, or (3) when the order is superseded by an injunction, whichever occurs first.
7 Del. C. § 5302 — Delaware Code / Title 7 / Chapter 53 / Subchapter I / Section 5302
§ Â
        5302. Rules, regulations and guidelines.
Status: in_force

The Division of Historical and Cultural Affairs, with the approval of the Department of State, may formulate and adopt such rules, regulations, standards and guidelines as it deems necessary for the effective execution of its purposes under this chapter.
7 Del. C. § 7212 — Delaware Code / Title 7 / Chapter 72 / Section 7212
§ Â
        7212. Rules; delegation.
Status: in_force

The Secretary may after public hearing, adopt, amend, modify or repeal rules or regulations to effectuate the policy and purposes of this chapter. The Secretary may delegate his or her powers or duties under this chapter, except the power to convey or to lease or grant easements in subaqueous lands.
7 Del. C. § 7708 — Delaware Code / Title 7 / Chapter 77 / Section 7708
§ Â
        7708. Risk management plan.
Status: in_force

(a) Prior to January 1, 1999, the Department shall develop regulations and appropriate guidance to aid the regulated facilities in Delaware in complying with their obligations to submit a RMP. It is the belief of the General Assembly that the federal database of facility RMPs can and should be used to replace the previous system of state registration.

(b) The Department shall have the authority to develop its own risk management plan submission process by regulation should the federal system fail to meet the needs of the Department in carrying out this chapter. Should the Department develop its own RMP submission process, the RMP shall be submitted in a method and format to a State central point as specified by the Department prior to June 21, 1999.

(c) Each facility RMP shall be made available by the Department to the State Emergency Response Commission, the Local Emergency Planning Committees, to other state agencies involved in emergency planning and preparedness and to citizens of the State.
7 Del. C. § 6432 — Delaware Code / Title 7 / Chapter 64 / Subchapter I / Section 6432
§ Â
        6432. Environmental study to be conducted before site selection and construction of any proposed resource recovery facility or any proposed waste incinerator; copies to be filed with the Governor, the President Pro Tempore of the Senate, and the Speaker of the House of Representatives.
Status: in_force

Notwithstanding any provision of this title to the contrary, the Authority shall conduct an environmental study, focusing upon the dangers and costs of any proposed resource recovery facility or any proposed waste incinerator, including the potential of same upon air, water, and soil quality, and the Authority shall file copies of any such environmental study with the Governor, the President Pro Tempore of the Senate, and the Speaker of the House of Representatives, before proceeding with site selection and construction of any proposed resource recovery facility or any proposed waste incinerator.
7 Del. C. § 4518 — Delaware Code / Title 7 / Chapter 45 / Section 4518
§ Â
        4518. Sale of public lands.
Status: repealed

(a) All lands to which this State directly or indirectly holds title, whether legal, equitable or both, shall be deemed public lands within the meaning of this chapter, except lands purchased or held by the State Housing Department for improvement and/or redevelopment and resale.

(b) The State Highway Department shall not exercise any power vested in it by this chapter over public lands which are under the supervision and control of any other agency of this State, without first obtaining the consent of such agency, any other section of this chapter to the contrary notwithstanding, except that nothing in this section shall affect the power of condemnation held by the State Highway Department. Except as limited by subsection (c) of this section, every agency of this State may exercise as before its authority over public lands under its supervision and control.

(c) Nothing in this section shall be construed to prohibit the Division of Highways and Transportation, its successor or successors from selling, transferring, conveying, trading or leasing lands which it no longer needs for highway purposes as is provided in §§ 137, 175 and 608(g) [repealed] of Title 17.

(d) No public lands, except as hereinabove set forth and except lands or buildings for which title is held by a reorganized school district, shall be transferred or conveyed to or otherwise placed under the control of any person or persons, state, county, or municipality or any governmental agency, whether foreign or domestic, having the power to sell or lease such lands unless the General Assembly specifically approves the same and unless done in conformity with the requirements of this chapter.
7 Del. C. § 1811.  — Delaware Code / Title 7 / Chapter 18 / Section 1811. 
§ Â
        1811. . Quota management system implementation.
Status: in_force

If a fishery management plan approved by the Atlantic States Marine Fisheries Commission requires the implementation of a quota management system for commercial landings of eel, any regulations adopted by the Department of Natural Resources shall not establish such quota management system, including, but not limited to, requirements associated with setting a statewide quota management system for eels and limitations or conditions on the number or transfer of commercial eel licenses. Any such quota management system required by the Atlantic States Marine Fisheries Commission shall be implemented through legislative action.
7 Del. C. § 532 — Delaware Code / Title 7 / Chapter 5 / Subchapter II / Section 532
§ Â
        532. Records to be kept by licensed fur dealers; inspection; violations and penalties.
Status: in_force

(a) The holder of a fur dealer’s license shall keep an accurate ledger of all transactions relating to the purchase or receipt of raw furs or pelts. The ledger shall contain the names and addresses of all persons from whom raw furs or pelts were purchased or received and date of receipt, and to whom raw furs or pelts were sold or delivered and date of delivery, together with the number and kind of raw furs or pelts bought or received from each of said persons and the date of receipt, the number and kind of raw furs or pelts sold or delivered to each of said persons and date of delivery, and the price paid for or received for each raw fur or pelt.

(b) The records provided for in subsection (a) of this section shall be open for inspection at all reasonable times to any person empowered to arrest for violation of the game and fish laws of this State.

(c) Whoever violates this section shall be guilty of a class C environmental violation.

(d) This section shall not apply to the pelts or furs of muskrats.
7 Del. C. § 6026 — Delaware Code / Title 7 / Chapter 60 / Subchapter II / Section 6026
§ Â
        6026. License fees  [For application of this section, see 85 Del. Laws, c. 42, Â 10].
Status: repealed

(a) (1) The Secretary may establish fees, subject to approval by the General Assembly, for examining and granting a license to a percolation tester, system designer, site evaluator, system inspector, well water contractor, pump installer contractor, well driver, well driller, pump installer, septic tank system installer, liquid waste hauler and liquid waste treatment plant operator.

(2) Notwithstanding any other provisions of law to the contrary, the General Assembly hereby authorizes and approves the following schedule of license fees to be imposed by the Department effective December 21, 2025, percolation tester, $100 annual fee; system designer, $100 annual fee; site evaluator, $100 annual fee; system inspector, $100 annual fee; septic tank system installer, $100 annual fee; and liquid waste hauler; $100 annual fee.

(3) [Repealed.]

(b) The Secretary may establish fees for conveyance of oil and hazardous substance through pipeline after holding public hearings on such a fee schedule.

(c) Any fee collected under this section is hereby appropriated to the Department to carry out the purposes of this chapter.
7 Del. C. § 4192 — Delaware Code / Title 7 / Chapter 41 / Subchapter VI / Section 4192
§ Â
        4192. Dissolution of tax ditch.
Status: in_force

After a duly called meeting of the taxables at which a majority of all eligible votes have been cast in favor of dissolving a tax ditch, created under this chapter, the ditch managers shall prepare a petition requesting such dissolution to the Superior Court through the appropriate county soil conservation district. If the tax ditch has operated for at least 10 years, and if said district is of the opinion that the dissolution of such tax ditch is in the public interest, it shall file the petition therefor, together with the recommendations of said district in the office of the prothonotary of the county in which the original ditch order was issued. After a petition for dissolution has been so filed, the Superior Court shall issue an order dissolving the tax ditch. No such order of dissolution shall be issued unless and until all obligations of the tax ditch have been paid in full and all commitments of the tax ditch have been fulfilled.
7 Del. C. § 2101 — Delaware Code / Title 7 / Chapter 21 / Section 2101
§ Â
        2101. Oyster harvesting license.
Status: in_force

Except in the case of shellfish aquaculture leases on Delaware’s Inland Bays pursuant to Chapter 20 of this title, it shall be unlawful for a person to harvest oysters from the natural oyster beds or from leased shellfish grounds in the State unless said person has been issued an oyster harvesting license by the Department.

(1) An oyster harvesting license shall be valid only on the vessel listed on said license by the Department. The Department shall not simultaneously list a vessel on more than 3 oyster harvesting licenses.

(2) The Department may list no more than 1 person as an apprentice on an oyster harvesting license.

(3) The fee for an oyster harvesting license shall be $57.50 for residents of this State.

(4) The fee for an oyster harvesting license shall be $575 for nonresidents of this State.

(5) The Department shall not issue any oyster harvesting licenses to any new licensee after June 30, 2011.

(6) An oyster harvesting license shall automatically expire on December 31 of each calendar year. If a person does not renew a license within 1 year of expiration of any oyster harvesting license such person forfeits any right to such license.

(7) An oyster harvesting licensee may transfer a license at any time, including posthumously, to a member of the immediate family. A member of the immediate family shall mean a parent, child, sibling or spouse. The transfer of the license shall be in writing.
7 Del. C. § 4733 — Delaware Code / Title 7 / Chapter 47 / Subchapter II / Section 4733
§ Â
        4733. Fort DuPont Redevelopment and Preservation Corporation.
Status: in_force

(a) There shall be established within the Department a body corporate and politic, with corporate succession, constituting a public instrumentality of the State, and created for the purpose of exercising essential governmental functions, which is to be known as the Fort DuPont Redevelopment and Preservation Corporation. The Corporation shall be a membership corporation with the Department as the sole member and shall have a certificate of incorporation and bylaws consistent with this subchapter. The Board of Directors is hereby authorized to file a certificate of incorporation with the Secretary of State pursuant to Chapter 1 of Title 8. The certificate of incorporation of the Corporation shall provide for approval of the Delaware General Assembly in order to amend the certificate of incorporation or to effect a merger or dissolution of the Corporation.

(b) The powers and management of the Corporation shall be vested in a board of directors consisting of 13 voting members. Each director shall have general expertise relevant to the implementation of the Redevelopment Plan, which may include expertise in the fields of land use, historic preservation, economic development (including without limitation real estate, redevelopment, and real estate financing), environmental protection, parks and recreation, and tourism. The Board is composed of the following directors:

(1) One director appointed by the Governor to serve as Chair.

(2) The Secretary of the Department of Natural Resources and Environmental Control.

(3) The Controller General.

(4) The Director of the Prosperity Partnership.

(5) The Secretary of State.

(6) The Director of the Office of Management and Budget.

(7) The Director of the Office of State Planning Coordination.

(8) The Co-chairs of the Capital Improvement Committee.

(9) The City Manager of the City of Delaware City, in an ex officio capacity.

(10) One director appointed by the Speaker of the House, who is a resident of Fort DuPont.

(11) One director appointed by the President Pro Tempore of the Senate, who is a resident of Delaware City.

(12) One director who is a resident of Fort DuPont appointed by the Governor.

(13) One director who is a resident of Delaware City appointed by the Governor.

Directors serving by virtue of their position may appoint a designee to serve in their stead. All appointed Directors shall serve at the pleasure of the appointing authority.

(c) Any vacancy created by the resignation or early departure of a director shall be filled by the appointing authority within 60 days.

(d) A majority of the total number of directors shall constitute a quorum of the Board, and all action by the Board shall require the affirmative vote of a majority of the directors present and voting.

(e) The Board shall adopt bylaws that provide for operating procedures such as election of officers, conflicts of interest, appointment of committees, conduct of meetings, and other matters that will promote the efficient operation of the Board in the performance of its duties under this subchapter. The bylaws shall include the following provisions:

(1) A requirement that any credit card purchase over $500 must be approved by 2 members of the executive committee.

(2) A requirement that checks in an amount over $10,000 require the signatures of the Treasurer and either the Chair or the Vice Chair of the Board.

(3) A requirement that a policy be adopted for the hiring and contracting process of the Corporation that is designed to be impartial and merit-based.

(4) A requirement that all contracts for purchase, sale, or lease of land be signed by the Executive Director and the Chair of the Board.

(f) Pursuant to subsection (a) of this section, the Board of Directors is provided express authority to file an amended and restated certificate of incorporation for the Fort DuPont Redevelopment and Preservation Corporation consistent with 83 Del. Laws, c. 302.

(g) The Board shall select from among its membership a Vice-Chair, who shall discharge the powers and duties of the Chair when the Chair is unavailable, incapacitated, or the position of Chair is vacant.

(h) The Controller General or the Controller General’s designee shall serve as Treasurer of the Board.
7 Del. C. § 6099 — Delaware Code / Title 7 / Chapter 60 / Subchapter VIII / Section 6099
§ Â
        6099. Title V Operating Permit Program Advisory Committee.
Status: in_force

There shall be established a “Title V Operating Permit Program Advisory Committee,” hereinafter referred to as “Committee.” The Committee members shall be appointed by the Governor and shall include, but not be limited to, the Secretary of the Department of Natural Resources and Environmental Control, or the Secretary’s duly appointed designee; the Director of the Division of Air Quality, or the Director’s duly appointed designee; 2 members who will represent stationary sources; 1 to be a member of the Chemical Industry Council; a member of the Delaware State Chamber of Commerce; a member representing a utility; 2 members of a nationally-affiliated or state environmental advocacy group; and the chairpersons of the House Natural Resources and Energy Committee and the Senate Environment, Energy, and Transportation Committee. The Secretary of the Department of Natural Resources and Environmental Control shall serve as the Chair of this Committee. The Committee shall review the annual report, as required by § 6097 of this title by September 30 of each calendar year and provide accommodations as necessary.
7 Del. C. § 7911 — Delaware Code / Title 7 / Chapter 79 / Subchapter II / Section 7911
§ Â
        7911. Relationship to other land use law.
Status: in_force

This subchapter does not authorize a use of real property that is otherwise prohibited by zoning or by law other than this subchapter regulating use of real property, or by a recorded instrument that has priority over the environmental covenant. An environmental covenant may prohibit or restrict uses of real property which are authorized by zoning or by law other than this subchapter.
7 Del. C. § 751 — Delaware Code / Title 7 / Chapter 7 / Subchapter III / Section 751
§ Â
        751. Muskrats driven from shelter by flood or freshet.
Status: in_force

No person shall take, kill or capture, by any means whatever, any muskrat during the time of any flood or freshet, when such flood or freshet may cause any muskrat to leave its usual and accustomed place of shelter and protection.

Whoever violates this section shall be guilty of a class D environmental violation for each offense.
7 Del. C. § 6303 — Delaware Code / Title 7 / Chapter 63 / Subchapter I / Section 6303
§ Â
        6303. Hazardous waste management plan.
Status: in_force

(a) The Department is authorized to study and investigate the problems of hazardous waste control and management in Delaware, and shall develop and publish after public hearing a statewide hazardous waste management plan, which shall include, but not be limited to:

(1) A description of the sources of hazardous waste generation within the State, including the types and quantities of such wastes, and the location of hazardous waste generators, disposal facilities and storage sites;

(2) A description of current hazardous waste management practices and costs, including treatment and disposal, within the State;

(3) An informational reporting system of hazardous waste quantities generated and disposed of in the State;

(4) Criteria for the siting of hazardous waste disposal facilities;

(5) Information on methods of reuse, recycling and reduction of hazardous wastes, including the feasibility of establishing facilities, institutions or requirements for the purpose of encouraging the reuse, recycling, reduction and utilization of hazardous wastes for useful purposes.

(b) In carrying out any studies or investigations under this section, the Department shall seek the cooperation and advice of the Delaware Solid Waste Authority.
7 Del. C. § 3706 — Delaware Code / Title 7 / Chapter 37 / Section 3706
§ Â
        3706. Additional powers and duties of the University.
Status: in_force

(a) The University shall utilize such available services and assistance of other state agencies and of voluntary county and community committees and associations of agricultural producers as it determines to be necessary or calculated to assist substantially in the effective administration of this chapter.

(b) The University may make such rules and regulations, and do any and all other acts consistent with this chapter, which it finds to be necessary or proper for the effective administration of this chapter.

(c) The University may obtain, by lease or purchase, such equipment, office accommodations, facilities, services and supplies, and employ such technical or legal experts or assistants and such other employees, including clerical and stenographic help, as it determines to be necessary or proper to carry out this chapter, and may determine the qualifications, duties and compensation of such experts, assistants and other employees.

(d) All other agencies of this State may assist the University in carrying out this chapter upon written request of the University, in any manner determined by the University to be necessary or appropriate for the effective administration of this chapter.
7 Del. C. § 1105 — Delaware Code / Title 7 / Chapter 11 / Subchapter I / Section 1105
§ Â
        1105. Sale and attempted sale of freshwater finfish.
Status: in_force

(a) No person shall sell, trade or barter any finfish taken from the nontidal waters of this State, unless said person has been authorized to do so in a permit issued by the Director.

(b) No person shall attempt to sell, trade or barter any freshwater finfish taken from the nontidal water of this State, unless said person has been authorized to do so in a permit issued by the Director.
7 Del. C. § 4216 — Delaware Code / Title 7 / Chapter 42 / Section 4216
§ Â
        4216. Enforcement procedures.
Status: in_force

(a) Any person who violates any rule, regulation, order, or condition imposed in an approved document or other provision of this chapter shall be fined not less than $200 or more than $2000 for each offense. Each day that the violation continues shall constitute a separate offense. The Justice of the Peace Courts shall have jurisdiction of offenses brought under this subsection.

(b) Any person who intentionally, knowingly, and after written notice to comply, violates any rule, regulation, order, or condition imposed in an approved document or other provision of this chapter shall be fined not less than $500 or more than $10,000 for each offense. Each day the violation continues shall constitute a separate offense. The Superior Court shall have jurisdiction over offenses brought under this subsection.
7 Del. C. § 4119 — Delaware Code / Title 7 / Chapter 41 / Subchapter III / Section 4119
§ Â
        4119. Name of tax ditch.
Status: in_force

The name of any tax ditch established under this chapter shall not be the same as the name of any existing drainage organization within the same county.
7 Del. C. § 4109 — Delaware Code / Title 7 / Chapter 41 / Subchapter II / Section 4109
§ Â
        4109. Compensation; expenses and reimbursement.
Status: in_force

(a) The ditch commissioners shall be entitled to receive reimbursement for their expenses necessarily incurred in the discharge of their duty at a per diem rate set by the Secretary of the Department of Natural Resources and Environmental Control, not to exceed $50, plus mileage reimbursement at the rate established in § 7102 of Title 29, as amended. The ditch commissioners shall be reimbursed for said expenses by the landowners petitioning to have a tax ditch formed. Such reimbursement shall be made from funds deposited in advance by the petitioners at the time the petition is filed or from the first moneys collected by the tax ditch after it is organized, the manner to be decided by the county soil conservation district pursuant to § 4120 of this title.

(b) Ditch commissioners will be reimbursed for their expenses incurred in the discharge of their duties in connection with the formation of a tax ditch after the ditch order has become effective, or at such time as the Superior Court issues an order denying the petition for the formation of the tax ditch.
7 Del. C. § 4178 — Delaware Code / Title 7 / Chapter 41 / Subchapter V / Section 4178
§ Â
        4178. Taxes as security for loans; notation on tax warrant.
Status: in_force

A tax ditch may secure the payment of any loan made to it by entering on the tax warrant provided for in § 4162(5) of this title, a statement setting forth the fact that the taxes shown on the tax warrants have been pledged to secure the payment of a certain designated loan and, if a loan is so secured, by reciting the amount and terms of the loan and from whom it is being obtained, and by directing the receiver of taxes and county treasurer to pay any such taxes collected by him or her directly to the creditor until the loan is repaid. Such warrant may not be withdrawn and may not be altered or cancelled without the written consent of the creditor until the loan is repaid.
7 Del. C. § 793 — Delaware Code / Title 7 / Chapter 7 / Subchapter VI / Section 793
§ Â
        793. Sale of bullfrogs.
Status: in_force

Notwithstanding any other provisions of Part I of this title, bullfrogs, lawfully taken or killed, may be sold, bought and possessed in any quantity.
7 Del. C. § 7705 — Delaware Code / Title 7 / Chapter 77 / Section 7705
§ Â
        7705. Definitions.
Status: in_force

For purposes of this chapter:

(1) “Actual quantity” or “AQ” means the sum of all the physical quantities of a specific EHS in whatever form at the maximum design capacity of the facility.

(2) “Catastrophic event” means a sudden release of a sufficient quantity of an EHS, a pressure wave or a thermal exposure beyond the property boundaries of a facility which may cause death or permanent disability to a person because of a single short-term exposure. An accidental fire at a nonregulated facility is not a “catastrophic event” creating EHS.

(3) “Catastrophic release” means a major uncontrolled emission, fire, or explosion, involving 1 or more extremely hazardous substances that imminently and substantially endangers public health beyond the property boundaries of the facility.

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

(5) “EPA” means the United States Environmental Protection Agency.

(6) “Extremely hazardous substance” or “EHS” means a substance in the form of a gas, liquid, solid, vapor, powder, aerosol, or mixture of these states that is listed under § 7707 of this title, or any other chemical which may, as a result of short-term exposures because of releases to the environment, cause public death, injury, or property damage due to the substance’s toxicity, reactivity, volatility, or corrosivity.

(7) “Extremely hazardous substance list” or “EHSL” means regulated substances under § 7707 of this title in Regulation 1201 of Title 7 of the Delaware Administrative Code [7 DE Admin. Code Chapter 1201].

(8) “Facility” means an area bounded by a property line where a person has EHS present, or the sum of adjacent such areas separated by less than 100 meters under common management control.

(9) “Inspection notes” means handwritten statements or descriptions made during an inspection used to aid memory when preparing the inspection report.

(10) “OSHA” means the United States Department of Labor, Occupational Safety and Health Administration.

(11) “Person” means a natural person, partnership, limited partnership, trust, estate, corporation, custodian, association, nominee, or any other individual entity in its own or any representative capacity.

(12) “Release” means the introduction of an EHS into the atmosphere that, by means of atmospheric dispersion under average atmospheric conditions for Delaware, will cause an EHS to be conveyed outside of a facility or the generation of a pressure wave or a thermal exposure beyond the facility’s boundary.

(13) “Responsible person” means 1 or more of the following:

a. For a corporation, a president, vice-president, secretary, or treasurer of the corporation, or any other person who performs similar policy or decision making functions for the corporation, or a duly authorized representative of a person approved in advance by the Department, who may be the “contact person” as indicated in the RMP.

b. For a partnership, limited partnership or sole proprietorship, a general partner or the proprietor, respectively, or the delegation of authority to a representative approved in advance by the Department, who may be the “contact person” as indicated in the RMP.

c. For a municipality, state, federal, or other public agency, either a principal executive officer, a ranking elected official, or a duly authorized representative of a person approved by the Department, who may be the “contact person” as indicated in the RMP.

(14) “Risk management plan” or “RMP” means the information that must be submitted by each EPA regulated facility in a method and format to a central point as specified by EPA prior to June 21, 1999. This information shall contain an executive summary, registration, 5-year accident history, off-site consequence analysis, prevention program summary, summary of the emergency response program, and a certification statement by the facility owner or operator. For substances regulated by Delaware but not regulated by EPA, the risk management plan shall be submitted in a method and format to a central point as specified by the Department, by regulation, prior to June 21, 1999. The RMP from each facility will be made available to the Department, the State Emergency Response Commission, the Local Emergency Planning Committees, to other state agencies involved in emergency planning and preparedness, and the citizens of this State.

(15) “Risk management program” means all activities intended to reduce risk, under § 7709 of this title, including the consideration of technology, personnel, and facilities.

(16) “Secretary” means the Secretary of the Department of Natural Resources and Environmental Control or the Secretary’s designee.

(17) “Substance hazard index” or “SHI” means a calculated number which relates the relative danger of a substance considering substance toxicity and ability to disperse in the atmosphere as specified under § 7707 of this title.

(18) “Threshold quantity” or “TQ” means the amount of EHS sufficient to cause a catastrophic event. The threshold quantity shall be calculated based on the criterion established under § 7707(b) of this title.

(19) “Unit” means the actual quantity of EHS on a facility within a process divided by the threshold quantity.
7 Del. C. § 768 — Delaware Code / Title 7 / Chapter 7 / Subchapter IV / Section 768
§ Â
        768. Receipt of rabbits from without the State; penalties.
Status: in_force

(a) No person shall receive from without the State any European or San Juan rabbit or any rabbit from an endemic state or area listed as such by the United States Public Health Service.

(b) No person shall receive from without the State any rabbit which is not prohibited by subsection (a) of this section unless it is accompanied by the certificate of the Secretary of the Department of Health and Social Services or the Secretary’s designee or of an equivalent agency of the place of origin recognized and approved by the Secretary of the Department of Health and Social Services or the Secretary’s designee to the effect that such rabbit is free from disease.

(c) Whoever violates this section shall be guilty of a class B environmental misdemeanor for each offense.
7 Del. C. § 7503A — Delaware Code / Title 7 / Chapter 75A / Section 7503A
§ Â
        7503A. Subcommittees.
Status: in_force

The Council, by majority vote, may establish subcommittees and appoint or remove members of such subcommittees to address water supply issues and plans that do not require the full participation of the Council. The subcommittees shall report to the Council and any recommended actions shall require the approval of the Council. Permanent subcommittees shall include:

(1) A New Castle County Subcommittee, which shall include the following:

a. The representative of New Castle County government serving on the Council, who shall serve as chair of the subcommittee.

b. A representative of each public and private water utility serving New Castle County.

c. Other members as appointed by the Council.

(2) A Kent County Subcommittee, which shall include the following:

a. The representative of Kent County government serving on the Council, who shall serve as chair of the subcommittee.

b. A representative of each public and private water utility serving Kent County.

c. Other members as appointed by the Council.

(3) A Sussex County Subcommittee, which shall include the following:

a. The representative of Sussex County government, who shall serve as chair of the subcommittee.

b. A representative of each public and private water utility serving Sussex County.

c. Other members as appointed by the Council.

(4) A Drought Advisory Subcommittee, which shall include the following members:

a. The Secretary of the Department of Natural Resources and Environmental Control or the Secretary’s designee.

b. The Secretary of the Department of Agriculture or the Secretary’s designee.

c. The Director of the Division of Public Health or the Director’s designee.

d. The Director of the Delaware Geological Survey or the Director’s designee.

e. The Director of the Water Resources Agency at the University of Delaware or the Director’s designee.

f. The State Climatologist or State Climatologist’s designee.

g. Other members as appointed by the Council.
7 Del. C. § 106 — Delaware Code / Title 7 / Chapter 1 / Section 106
§ Â
        106. Assent to federal statutes â Cooperative fish-restoration projects.
Status: in_force

The State assents to the act of Congress entitled “An Act to Provide that the United States Shall Aid the States in Fish-Restoration and Management Projects, and for Other Purposes,” approved August 9, 1950 [16 U.S.C. § 777 et seq.] as amended and the Department shall perform such acts as are necessary to the conduct and establishment of cooperative fish-restoration and management projects, as defined in that act of Congress, in compliance with that act and with rules and regulations promulgated by the Secretary of the Interior thereunder. The Department may receive and disburse any and all funds allocated to this State under said act of Congress and any amendment or amendments thereto.
7 Del. C. § 7425 — Delaware Code / Title 7 / Chapter 74 / Subchapter III / Section 7425
§ Â
        7425. Certification of underground storage tank contractors [For application of this section, see 85 Del. Laws, c. 42, Â 10].
Status: in_force

(a) The Department shall adopt regulations for certification of businesses and individuals to install, retrofit, remove, abandon or reline underground storage tank systems used to store regulated substances.

(b) As a prerequisite for certification, the Department shall conduct written examinations within the State for the purpose of determining ability to perform installation, retrofit, relining, removal or abandonment of underground storage tank systems. The Department may waive the examination for persons who possess a valid certificate from another state, provided such certification is for similar work to be performed in Delaware.

(c) An underground storage tank system shall be installed, repaired, retrofitted, relined, removed or abandoned only in the presence and under the direction of an individual possessing a valid certificate issued by the Department. Certification requirements for contractors shall commence 6 months after adoption of regulations.

(d) Certification will not be required for owners of farm or residential underground storage tanks who wish to remove or abandon their own nonregulated underground storage tanks.

(e) Certification is valid for 2 years. The fee for certification is $750 for companies and $300 for on-site supervisors. Fees collected are appropriated to the Department to carry out the purposes of the Underground Storage Tank Program.
7 Del. C. § 1107 — Delaware Code / Title 7 / Chapter 11 / Subchapter I / Section 1107
§ Â
        1107. Fee fishing operations; exemptions.
Status: in_force

Any person who lawfully takes and has fish in the person’s possession from a fee fishing operation, registered as same with the Department of Agriculture according to Chapter 4 of Title 3, is exempt from any seasonal restrictions, size limits and/or creel limits on said fish, provided said person has in the person’s possession a valid receipt for said fish, issued by the owner or the owner’s agent of the fee fishing operation pursuant to § 407(d) of Title 3.
7 Del. C. § 5314 — Delaware Code / Title 7 / Chapter 53 / Subchapter II / Section 5314
§ Â
        5314. Confidentiality.
Status: in_force

If the Director has reason to believe that disclosure of the exact location or nature of an archaeological resource would lead to vandalism, pilferage, damage, or otherwise pose a risk of harm to the resource or to the site at which the resource is located, regardless of ownership of the property, the Director may:

(1) Elect not to disclose such information to the public;

(2) Provide the public with only general information about the resource and/or its location, when notifying the public of a restriction or closure of access to a state archaeological resource under § 5307 of this title, or under provisions applicable to shipwrecks to which the State has title.
7 Del. C. § 787 — Delaware Code / Title 7 / Chapter 7 / Subchapter VI / Section 787
§ Â
        787. Protection of deer; penalties.
Status: in_force

(a) No person shall hunt, chase or pursue with the intent to kill, trap, take or have in possession any deer (living or dead), except those deer legally taken during the open season and during lawful hours in each county.

(b) All evidence including weapons, ammunition, lights, communication systems and/or instrumentalities including motor vehicles used in violation of subsection (a) of this section may be seized and retained as evidence, and forfeited according to procedures set forth in the Superior Court Criminal Rules. Wherever the State seeks to have property allegedly used in violation of subsection (a) of this section forfeited, the Superior Court shall have jurisdiction over both the violation of subsection (a) of this section and the issue of forfeiture.

(c) No person shall make use of dogs for the hunting or pursuing of deer with intent to kill said deer in this State at any time.

(d) No person shall purchase, sell or expose for sale, or transport, ship or possess with the intent to sell, any deer or any part of such deer, except for the hides of lawfully killed deer, at any time. Nothing in this paragraph shall preclude the importation and consumption of venison, approved for sale by the United States Department of Agriculture, into this State.

(e) Any person may possess a deer lawfully killed in another state if the person in possession of such deer has proof of such lawful killing and possession, and presents the proof upon demand to any officer or official of this State. It shall also be lawful to possess deer within an enclosure in a public zoo or park, or if a permit for such deer has been issued by the Department.

(f) Whoever violates this section shall be guilty of a class B environmental misdemeanor for each offense. In addition to being fined and/or imprisoned, anyone found guilty of a first offense for violating subsection (a) of this section shall be required to turn in any valid hunting license and shall be denied the privilege of hunting, with or without a license, in the State for a period of 2 years, commencing with the date of conviction; for any subsequent offense, anyone found guilty shall be required to turn in any valid hunting license and shall be denied the privilege of hunting, with or without a license, in the State for a period of 5 years, commencing with the date of conviction.
7 Del. C. § 4508 — Delaware Code / Title 7 / Chapter 45 / Section 4508
§ Â
        4508. Forfeiture of public lands to State.
Status: in_force

Whoever purchases any of the public lands under any restriction or condition imposed by the Department of Natural Resources and Environmental Control, and fails for a period of 5 years to comply with the restrictions or conditions mentioned in the deed of grant from the Department, forfeits such lands to the State, and the title to such lands shall thereafter rest in the State.
7 Del. C. § 5505 — Delaware Code / Title 7 / Chapter 55 / Section 5505
§ Â
        5505. Responsibilities and duties of State Geologist.
Status: in_force

The State Geologist and the Acting State Geologist shall have the following responsibilities and duties:

(1) The State Geologist or the Acting State Geologist shall hereby be required to evaluate all activities related to oil, gas and geothermal energy exploration or development on land or water within the State and report his or her findings and recommendations promptly to the appropriate and affected agencies and officials of the State. In order to receive and consider the report of the State Geologist, any agency or official of the State approached to allow, permit or otherwise provide for such activities shall promptly notify the State Geologist, providing details of the contact and requesting a report and recommendations.

(2) The Delaware Geological Survey may receive by appropriation or transfer funds for cooperative programs with its counterpart federal agencies, including the United States Geological Survey, the United States Bureau of Mines and the United States Minerals Management Service and shall be the only agency of the State to enter into agreements with those federal agencies.

(3) The State Geologist shall serve as the representative of the State to the River Master of the Delaware River in accordance with the Supreme Court Decree of 1954 [New Jersey v. New York, 347 U.S. 995, 74 S. Ct. 842; 98 L. Ed. 1127 (1954)].

(4) The State Geologist or the Acting State Geologist shall prepare reports to the General Assembly showing the progress and conditions of the Survey together with such other information as it deems necessary and useful. Any reports, maps or other literature prepared and printed by the Survey shall be distributed or sold as the interest of the State and of science demand. All material collected after having served the purposes of the Survey shall be distributed to the educational institutions of the State or the whole or part of such material shall be put on public exhibition.

(5) Responsibility for matters relating to water quality, geologic hazards, seismicity and cartographic information.
7 Del. C. § 6021 — Delaware Code / Title 7 / Chapter 60 / Subchapter II / Section 6021
§ Â
        6021. Federal aid; other funds.
Status: in_force

The Department may cooperate with and receive moneys from the federal government, any state or local government or any industry or other source. Such moneys received are appropriated and made available for the study and preservation of land, water and air resources.
7 Del. C. § 7916 — Delaware Code / Title 7 / Chapter 79 / Subchapter II / Section 7916
§ Â
        7916. Enforcement of environmental covenant.
Status: in_force

(a) A civil action for injunctive or other equitable relief for violation of an environmental covenant may be maintained by:

(1) A party to the covenant;

(2) The Department or,

(3) Any other person to whom the covenant expressly grants power to enforce;

(4) A person whose interest in the real property or whose collateral or liability may be affected by the alleged violation of the covenant; and

(5) A municipality or other unit of local government in which the real property subject to the covenant is located.

(b) This act does not limit the regulatory authority of the Department under law other than respect to an environmental response project.

(c) A person is not subject to liability for environmental remediation solely because it has the right to enforce an environmental covenant.
7 Del. C. § 544 — Delaware Code / Title 7 / Chapter 5 / Subchapter III / Section 544
§ Â
        544. Permit to ship game animals or birds out of State.
Status: in_force

A permit to sell any game animals or game birds shall be required of a breeder to ship game animals or game birds out of this State. The permit shall be obtained from the Department. When game birds or game animals are shipped out of the State a tag permitting such shipping must be fastened to the crate or carrier carrying them.
7 Del. C. § 7208 — Delaware Code / Title 7 / Chapter 72 / Section 7208
§ Â
        7208. Hearing.
Status: in_force

(a) A public hearing shall be held:

(1) If a grant or lease for a period of time in excess of 20 years is sought; or

(2) If the Secretary determines that a public hearing is in the public interest; or

(3) If a written meritorious public hearing request expressing opposition to the application is received within 20 days of the advertisement of the public notice for the application. A public hearing request shall be deemed meritorious if it exhibits a familiarity with the application and provides a reasoned statement of the action’s probable impact.

(b) Notice of the public hearing shall be sent to the applicant, to immediately adjacent property owners and to any interested person who requests it, and such notice shall be published in the same manner as the application.

(c) The Secretary shall make a written statement of reasons to be placed with the application if a public hearing is not held.
7 Del. C. § 6903 — Delaware Code / Title 7 / Chapter 69 / Section 6903
§ Â
        6903. Judicial actions.
Status: in_force

(a) An action affecting a conservation easement may be brought by:

(1) An owner of an interest in the real property burdened by the easement;

(2) A holder of the easement;

(3) A person having a third-party right of enforcement; or

(4) A person authorized by other law.

(b) This chapter does not affect the power of a court to modify or terminate a conservation easement in accordance with the principles of law and equity.
7 Del. C. § 1505 — Delaware Code / Title 7 / Chapter 15 / Section 1505
§ Â
        1505. Receipts and disbursements of Commission; annual report; examination of accounts.
Status: in_force

(a) The Commission shall keep accurate accounts of all receipts and disbursements and shall report to the Governor and the General Assembly of the State on or before December 10 in each year, setting forth in detail the transactions conducted by it during the 12 months preceding December 1 of that year and shall make recommendations for any legislative action deemed by it advisable, including amendments to the statutes of the State necessary to carry out the intent and purposes of the Compact between the signatory states.

(b) The Auditor of Accounts of the State may, from time to time, examine the accounts and books of the Commission, including its receipts, disbursements and such other items referring to its financial standing as the Auditor deems proper and report the results of such examination to the Governor of the State.
7 Del. C. § 6022 — Delaware Code / Title 7 / Chapter 60 / Subchapter II / Section 6022
§ Â
        6022. Temporary limits and procedures for hazardous operations.
Status: in_force

Where no rule or regulation has been promulgated which sets specific limits for the use, emission or discharge, or operating procedure for hazardous operations, the Secretary may set temporary limits or operating procedure; provided, that the temporary limits or orders shall not be effective for more than 6 months unless adopted into permanent rules and regulations within that period. The affected parties shall be given a hearing before the Department within 30 days, if requested, on any action taken under this section.
7 Del. C. § 7215 — Delaware Code / Title 7 / Chapter 72 / Section 7215
§ Â
        7215. Cease and desist order.
Status: in_force

The Secretary shall have the power to issue an order to any person violating any rule or regulation or permit condition or lease condition or provision of this chapter to cease and desist from such violation. Any cease and desist order issued pursuant to this section shall expire:

(1) After 30 days of its issuance;

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

(3) When the order is superseded by an injunction, whichever occurs first.
7 Del. C. § 4134 — Delaware Code / Title 7 / Chapter 41 / Subchapter III / Section 4134
§ Â
        4134. Signing of commissionersâ report; dissent.
Status: in_force

The report of the board of ditch commissioners, including the statement required by § 4133 of this title, shall be signed by all of the commissioners concurring therein. Any ditch commissioner who dissents therefrom shall attach to the report the reasons for his or her dissent.
7 Del. C. § 4320 — Delaware Code / Title 7 / Chapter 43 / Subchapter III / Section 4320
§ Â
        4320. Factors in determination of cost.
Status: in_force

(a) In determining the total cost of the proposed tax lagoon works of improvement, the board of lagoon management commissioners shall include, among other things, the estimated costs of dredging, the estimated cost of forming the tax lagoon, the amount of damages, if any, awarded to landowners, and the amount of compensation, if any, to be paid to landowners for works of improvement previously performed and deemed adequate under § 4319 of this title.

(b) The estimated cost of interest which will develop if the tax lagoon borrows money to finance the dredging of the lagoon shall not be included in the total cost of the proposed tax lagoon works of improvement.
7 Del. C. § 2704 — Delaware Code / Title 7 / Chapter 27 / Section 2704
§ Â
        2704. Collecting permits for other than scientific purposes.
Status: in_force

(a) A commercial collecting permit shall be required of any individual 16 years of age or older, (including a property owner), collecting horseshoe crabs, except for personal, noncommercial uses. The collection fee to obtain a commercial collecting permit for residents of Delaware shall be $100. The collection fee to obtain a commercial collecting permit for nonresidents shall be $1,000. A commercial collecting permit shall not be required of a property owner, or a property owner’s tenant or agent, on those lands from which crabs are taken for personal usage. An agent or tenant shall mean a person who has written permission from the property owner of the land from which horseshoe crabs are taken to act on the owner’s behalf.

(b) Any municipality, town, other local government or individual who collects dead horseshoe crabs in order to clean up a beach or to otherwise dispose of said crabs properly shall be required to obtain a beach clean-up collecting permit. There shall be no fee for a beach clean-up collecting permit.

(c) Unless authorized by a scientific collecting permit issued by the Department, it shall be unlawful for any person to take or attempt to take horseshoe crabs by any method unless said person has obtained a valid collecting permit as provided in this section.

(d) When by, or pursuant to, the laws or regulations of any other state should said state impose any tax, other fee or restrictions on nonresidents for the privilege of commercially collecting horseshoe crabs within its boundaries, which tax or other fee is in the aggregate greater or restriction is greater, to include but not be limited to, the nonavailability of a permit for nonresidents, the similar or identical taxes, other fees, permit requirements and restrictions shall be imposed by the Department upon the residents of that state who seek to apply for a commercial collecting permit from the Department to collect horseshoe crabs within the boundaries of this State.
7 Del. C. § 4141 — Delaware Code / Title 7 / Chapter 41 / Subchapter III / Section 4141
§ Â
        4141. Permanent court record.
Status: in_force

The ditch order, together with any amendment thereto, shall be a permanent court record and shall be kept in the office of the prothonotary of the county wherein it was issued and copies of the ditch order shall be recorded in a Tax Ditch Volume in the office of the recorder of deeds in the county where the tax ditch is located. A filing fee for all new tax ditch orders shall be charged by the office of the recorder of deeds after the effective date of this legislation. It shall not be removed from that office except in cases where an emergency so requires. The prothonotary shall make such docket entries of proceedings as directed by rule of court.
7 Del. C. § 7217 — Delaware Code / Title 7 / Chapter 72 / Section 7217
§ Â
        7217. Special exemptions.
Status: in_force

(a) This chapter shall not apply to any work performed by any state, county, municipal government or conservation district, or their designated contractor, when that work occurs in nontidal submerged lands in the Delaware Atlantic Coastal Plain Province with a contributing drainage area of less than 800 acres.

(b) This chapter shall not apply to maintenance, reconstruction or retrofitting work performed by or with the assistance of any state, county, municipal government or conservation district when that work occurs in any nontidal submerged lands. Such maintenance, reconstruction or retrofitting work shall comply with the standards and specifications associated with best management practices in the Delaware Erosion and Sediment Control Handbook, 1989 or as revised (68 Del. Laws, c. 268, § 2).

(c) This chapter shall not apply to any work in agricultural drainage ditches created from nonsubaqueous lands that are designed according to reasonable drainage standards, when performed by or with the assistance of any state, county, municipal government or conservation district.

(d) This chapter shall not apply to ponds constructed in uplands when those ponds are constructed by or with the assistance of any state, county, municipal government or conservation district.

(e) This chapter shall not apply to stormwater ponds that are permitted in accordance with Chapter 40 of this title or to farm ponds or other ponds whose only source of hydrology is groundwater.

(f) The lease provisions of this chapter shall not apply to any wastewater conveyance or treatment works system owned or operated by the State or any county or municipal government with the State.

(g) This chapter shall not apply to subaqueous archaeological resources and unmarked human burials and human skeletal remains, which are regulated by the Department of State, Division of Historical and Cultural Affairs pursuant to Chapters 53 and 54 of this title.
7 Del. C. § 1918 — Delaware Code / Title 7 / Chapter 19 / Section 1918
§ Â
        1918. Limited entry and transfer of commercial crabbing licenses.
Status: in_force

(a) Notwithstanding the provisions of § 2303 of this title, the Department shall not issue any commercial crab pot or trotline license to any new licensee after March 13, 1990, and shall not issue crab pot or trotline licenses to any new licensee until the total number of commercial crab pot and trotline licenses drops to 82 or below as of October 31 of any year. At that time, a lottery will be held by the Department to allow the number of commercial crab pot and trotline licenses to increase to 100.

(b) Notwithstanding the provisions of § 2307 of this title, the Department shall not issue any crab dredgers licenses to any new licensee after March 13, 1990, and shall not issue crab dredgers licenses to any new licensee until the number of crab dredgers licenses drops to 18 or below as of March 31 of any year. At that time, a lottery will be held by the Department to allow the number of crab dredgers licenses to increase to 21.

(c) A commercial crab pot licensee, crab trotline licensee, or crab dredgers licensee may transfer a license at any time, including posthumously, to a member of the immediate family. A member of the immediate family shall mean a parent, child, sibling or spouse. A commercial crab pot licensee also may transfer a license, including posthumously, to a designee provided the designee has been listed as same on the license for at least 2 consecutive years. The transfer of the appropriate license shall be in writing.

(d) Notwithstanding subsection (c) of this section, no license shall be transferred to any person under 16 years of age.

(e) An active commercial fisher with a commercial crab dredger’s license may transfer the license to a commercial fishing apprentice who has completed no less than 150 days of commercial fishing activities over no less than a 1-year period.
7 Del. C. § 6404 — Delaware Code / Title 7 / Chapter 64 / Subchapter I / Section 6404
§ Â
        6404. Functions of Authority.
Status: in_force

The functions of the Authority shall include, but not be limited to the following:

(1) The planning, design, construction, financing, management, ownership, operation and maintenance of solid waste disposal, volume reduction and resources recovery facilities and all related solid waste reception, transfer, storage, transportation and wastehandling and general support facilities considered by the Authority to be necessary, desirable, convenient or appropriate in carrying out the statewide solid waste management plan and in establishing, managing and operating solid waste disposal and resources recovery systems and their component waste-processing facilities and equipment;

(2) The provision of solid waste management services to municipalities, regions and persons within the State by receiving solid wastes at Authority facilities, pursuant to contracts between the Authority and such agencies, municipalities, persons, regions and business entities; the recovery of material and energy resources and resource values from such solid wastes; and the production from such services and resources recovery operations of revenues sufficient to provide for the support of the Authority and its operations on a self-sustaining basis, with due allowance for the redistribution of any surplus revenues to reduce the costs of Authority services to the users thereof;

(3) The utilization, through contractual arrangements, of private industry for implementation of some or all of the requirements of the state solid waste management plan and for such other activities as may be considered necessary, desirable or convenient by the Authority;

(4) Assistance with the coordination of efforts directed toward source separation for recycling purposes;

(5) Assistance in the development of industries and commercial enterprises within the State based upon resources recovery, recycling and reuse. These objectives shall be considered to be operating responsibilities of the Authority, in accordance with the state solid waste management plan, and are to be considered in all respects public purposes. It is the intention of this chapter that the Authority shall be granted all powers necessary to fulfill these purposes and to carry out its assigned responsibilities and that this chapter, itself, is to be construed liberally in furtherance of this intention; and

(6) The development, implementation and supervision of a program requiring all persons who haul, convey or transport any solid waste in any container to obtain a license from the Authority. The Authority may enter into an administrative agreement with any county, municipality or other political subdivision under which agreement the licensing program referenced herein may be conducted by the county, municipality or other political subdivision pursuant to such rules and regulations adopted by the Authority which are applicable to the licensing program.
7 Del. C. § 4306 — Delaware Code / Title 7 / Chapter 43 / Subchapter II / Section 4306
§ Â
        4306. Chairperson; quorum; voting.
Status: in_force

A chairperson of each board of lagoon management commissioners shall be designated by the members thereof and such designation may be changed from time to time. A majority of the lagoon management commissioners of each board shall constitute a quorum and the concurrence of a majority in any matter within their duties shall be required for its determination.
7 Del. C. § 7709 — Delaware Code / Title 7 / Chapter 77 / Section 7709
§ Â
        7709. Risk management program.
Status: in_force

(a) The Department shall adopt, pursuant to § 7706 of this title, regulations stating the critical provisions of a risk management program. The provisions will include, but not be limited to:

(1) Design standards review.

(2) Modification control and documentation of equipment and procedural changes.

(3) Hazard review of all processes and equipment associated with EHS with an emphasis on preventing, avoiding, minimizing and containing extreme risks.

(4) Operating instructions.

(5) Maintenance and inspection procedures and requirements for all equipment in extremely hazardous substance services.

(6) Operator training program with a means of determining proficiency.

(7) Incident investigation procedures and remedial action requirement.

(8) Inspection and auditing requirements.

Compliance with each of these provisions must be documented by written records. Each of these provisions shall be updated as required.

(b) All persons with an actual quantity of an EHS that is equal to or exceeds the threshold quantity must implement a risk management program appropriate to the facility risk. Facilities built or modified on or after June 21, 1999, that have a process containing an EHS; or existing facilities implementing a new process containing an EHS; or existing facilities introducing a new EHS into an existing process, must implement a risk management program appropriate to the facility risk prior to introduction of the EHS to the process.

(c) Responsible person(s) are required to certify to the Department that a risk management program that meets Department criteria is in place at the facility. The certification statement that is part of the federal RMP facility submission may act to fulfill this requirement. The risk management program shall be available to the Department for review at each facility at scheduled inspections.
7 Del. C. § 4137 — Delaware Code / Title 7 / Chapter 41 / Subchapter III / Section 4137
§ Â
        4137. Final hearing; ditch order.
Status: in_force

At least 10 days prior to the date set for the final hearing before the Superior Court, any interested person may file an objection in writing to the report of the board of ditch commissioners. The Superior Court shall review the report of the board of ditch commissioners and any objections filed thereto, and make, in consultation with the ditch commissioners, such changes as are necessary to render substantial and equal justice to all interested persons. Damages to any 1 landowner shall not be grounds for denying the petition, but may be used to adjust the assessment base of that property or the damages to be paid to that landowner and shall be considered as part of the total cost of the proposed tax ditch. If the conditions set forth in § 4136(c) of this title, still exist after the objections have been considered and the necessary changes have been made in the report of the board of ditch commissioners, the Superior Court shall confirm the report and issue an order granting the petition for the formation of the proposed tax ditch, said order to be known as the ditch order. The confirmed report shall be considered a part of said ditch order. If no objections are presented at the final hearing before the Superior Court the ditch order shall become effective when issued.
7 Del. C. § 7422 — Delaware Code / Title 7 / Chapter 74 / Subchapter II / Section 7422
§ Â
        7422. Small Retail Gasoline Station Assistance Loan Fund; source of funds, interest rate, and capitalization.
Status: in_force

(a) Loan proceeds and the State’s expenses in administering this program shall be drawn from a special account of the Transportation Trust Fund known as the “Small Retail Gasoline Station Assistance Loan Fund,” hereinafter referred to as the “Small Station Fund.”

(b) Loans made from the Small Station Fund shall require interest payments at a simple interest rate which is 2% above the Federal Reserve discount rate in effect at the time the loan application is filed with the Department.

(c) The Small Station Fund account shall be capitalized in an amount not to exceed $12 million over the life of the program out of funds of the Transportation Trust Fund as authorized by Chapter 14 of Title 2.
7 Del. C. § 4214 — Delaware Code / Title 7 / Chapter 42 / Section 4214
§ Â
        4214. Investigations by the Department.
Status: in_force

The Department shall make investigations and assemble such data as it deems necessary for a proper review and study of the design and construction of any dams, reservoirs and appurtenances to which this chapter applies, and for such purposes the Department or its agents may enter upon private property. The Department may employ or make such agreements with geologists, engineers, or other expert consultants and such assistants, as it deems necessary to carry out the provisions of this chapter.
7 Del. C. § 204 — Delaware Code / Title 7 / Chapter 2 / Section 204
§ Â
        204. Preservation Fund.
Status: in_force

(a) In order to carry out the purpose of this chapter, there is hereby created a special fund, which shall be known as the Nongame Fish and Wildlife, Nongame Habitat and Natural Areas Preservation Fund of the Treasury of the State.

(b) All moneys received from the voluntary contribution system established in § 1181 of Title 30 shall be deposited in said Fund.

(c) The General Assembly shall make no appropriation into said Fund, but individuals may, from time to time, make contributions or bequests to the Fund.

(d) The moneys contained in said Fund shall be continuously transferred to the Department of Natural Resources and Environmental Control for the exclusive purpose of carrying out the objectives of this chapter.

(e) The distribution of moneys among the subdivisions of the Department shall be determined by the Secretary of Natural Resources and Environmental Control.

(f) The Department shall make an annual report to the General Assembly, which shall include the amount of funding derived from the contributions and a summary of projects undertaken in furtherance of this chapter.

(g) From time to time as determined by the Delaware State Clearinghouse Committee, the Department shall submit a detailed report to members of the Committee of revenues, expenditures and program measures for the fiscal period in question. Such report shall also be sufficiently descriptive in nature so as to be concise and informative. The Committee may cause the Department to appear before the Committee and to answer such questions as the Committee may require.
7 Del. C. § 5311 — Delaware Code / Title 7 / Chapter 53 / Subchapter II / Section 5311
§ Â
        5311. Repository of artifacts or material remains.
Status: in_force

All artifacts or material remains found in or on state lands, including subaqueous lands, and related records resulting from research, surveys and excavation conducted under a permit must be deposited for permanent preservation in either the University of Delaware Department of Anthropology or the Division of Historical and Cultural Affairs, or in a qualified repository approved by the Director, except as may be provided for under a shipwreck management program established pursuant to § 5316 of this title.
7 Del. C. § 104 — Delaware Code / Title 7 / Chapter 1 / Section 104
§ Â
        104. Restrictions on expenditures and indebtedness.
Status: in_force

The Department shall not contract any indebtedness or obligations which cannot be met by funds immediately available to its use, as provided in Part I of this title.
7 Del. C. § 4317 — Delaware Code / Title 7 / Chapter 43 / Subchapter III / Section 4317
§ Â
        4317. Filing of petition and report; action by district when formation is found to be not practicable and feasible.
Status: in_force

(a) If the Division of Watershed Stewardship determines that the formation of the proposed tax lagoon is practicable, feasible and in the interest of the public health, safety and welfare, it shall file the petition in the office of the prothonotary of the county in which all or the major portion of the land involved is located.

(b) Where the Division of Watershed Stewardship determines that the formation of the proposed tax lagoon is not practicable and feasible or is not in the interest of the public health, safety and welfare, it shall so notify all of the petitioners involved, and a new petition for the formation of that tax lagoon may not be refiled for a period of 1 year from the date of said notice.
7 Del. C. § 6307 — Delaware Code / Title 7 / Chapter 63 / Subchapter I / Section 6307
§ Â
        6307. Hazardous waste treatment, disposal and storage facilities and sites.
Status: in_force

(a) Within 90 days of the effective date of regulations promulgated under this chapter setting forth criteria for identifying the characteristics of hazardous wastes and listing hazardous wastes, any person owning or operating, substantially altering or constructing a hazardous waste treatment, storage or disposal facility or site shall report such activity to the Department, together with a description of the facility, the types and quantities of any solid and hazardous wastes treated, stored or disposed of, the location of the facility, the storage or disposal capacity of the facility and the source of the wastes treated, stored or disposed of.

(b) Beginning 180 days after the effective date of regulations adopted for this purpose, no person shall construct, substantially alter, own or operate any hazardous waste treatment, storage or disposal facility or site, nor shall any person store, treat or dispose of any hazardous waste without first obtaining a permit from the Secretary for such facility, site or activity, except that generators may accumulate hazardous wastes on site without a permit for such periods and upon such conditions as the Secretary may by regulation prescribe.

(c) Any person desiring to obtain a permit required under this section shall submit an application therefor in such form and accompanied by such plans, specifications and other information as required by applicable statute or regulation, including the requirements of subsection (h) of this section.

(d) Permits issued under this section shall be issued under such terms and conditions as the Secretary may prescribe by regulations promulgated under the authority of § 6305 of this title.

(e) Operating permits shall be issued for a period of time as prescribed by regulations and may be revoked by the Secretary for failure to comply with the requirements of this chapter and regulations thereunder.

(f) Any permit issued under this section may be revoked by the Secretary at any time when the permittee fails to comply with the terms and conditions of the permit, provided, that no permit shall be revoked until the Secretary has provided the permittee with the opportunity for an adequate hearing, and with written notice of the intent of the Secretary to revoke the permit and the reasons for such revocation. Any appeal from an order of the Secretary revoking any permit shall not operate to stay the revocation.

(g) Any person who:

(1) Owns or operates a facility required to have a permit under this section which facility is in existence on the effective date of regulations under § 6305(a) of this title or which is in existence on the effective date of statutory or regulatory changes under this chapter that render the facility subject to the requirement to have a permit under this chapter;

(2) Has complied with the requirements of subsection (a) of this section; and

(3) Has made an application for a permit under this section

shall be treated as having been issued such permit until such time as final administrative disposition of such application is made, unless the Secretary or other plaintiff proves that final administrative disposition of such application has not been made because of the failure of the applicant to furnish information reasonably required or requested in order to process the application.

(h) No permit shall be issued to operate any hazardous waste treatment, storage or disposal facility or site except as provided in subsection (g) of this section, unless that facility or site submits to the Department the following:

(1) Evidence of financial responsibility including liability insurance in such form and amount as the Department may determine pursuant to duly promulgated regulations, to be necessary to insure that during operation or upon abandonment, cessation or interruption of the operation of the facility or site, all appropriate measures are taken to remedy or prevent present and future damage to the public health and safety to the environment.

(2) Evidence that the personnel engaged in the treatment, disposal or storage of hazardous wastes have met such qualifications as to training as the Department may prescribe pursuant to § 6305(a)(7) of this title.

(i) Any person acquiring rights of ownership, possession or operation in a facility or site granted a permit under this section for the disposal, storage or treatment of hazardous waste at any time after the site or facility has been granted a permit or has begun to accept such waste shall, in addition to the original permittee, be subject to all requirements of the permit approved for the site or the facility, including the requirements of subsection (j) of this section. Upon acquisition of the rights, and application to the Department, the Department shall issue a new permit if the previous permittee is no longer connected with the operation of the site or facility and if the proposed permittee meets all requirements of the applicable statutes and regulations.

(j) The owner or operator of a permitted facility or site must conduct such maintenance, monitoring and surveillance during operation, upon closure, abandonment, cessation or interruption of the operation of the facility or site, as the Secretary deems necessary to protect the public health and to prevent or control air, land, water or groundwater pollution.
7 Del. C. § 4368 — Delaware Code / Title 7 / Chapter 43 / Subchapter V / Section 4368
§ Â
        4368. Lien of taxes; enforcement.
Status: in_force

All taxes levied under this chapter shall constitute a first and paramount lien against the lands to which they apply from and after the date of such levy, subject only to the lien for state and county taxes, which lien may be enforced by sale or otherwise in the same manner as the lien for the county taxes. All such taxes shall be collected by the appropriate receiver of taxes and county treasurer as provided in § 4364 of this title. Penalties for failure to make payment by the due date shall apply to taxes levied under this chapter in the same manner and amount as in the case of county taxes, and funds so received shall be credited to the tax lagoon.
7 Del. C. § 568 — Delaware Code / Title 7 / Chapter 5 / Subchapter V / Section 568
§ Â
        568. Liberation of game and the killing thereof.
Status: in_force

For the purpose of stimulating an increase in the quantity of game released upon such reservations, the licensee, the licensee’s invitees or guests, when properly licensed to hunt in accordance with the laws of this State, may liberate upon the reservation, game which has been propagated, raised and held upon the premises, or which has been purchased by the licensee and taken upon the premises pursuant to the license and may kill, without regard to sex, any number of such game so liberated, even if the number exceeds the limits otherwise prescribed by law.
7 Del. C. § 6620 — Delaware Code / Title 7 / Chapter 66 / Section 6620
§ Â
        6620. Federal aid; other funds.
Status: in_force

The Department may cooperate with and receive moneys from the federal government, state or local government or any industry or other source. Such moneys received are appropriated and made available for the study and preservation of the wetlands.
7 Del. C. § 3906 — Delaware Code / Title 7 / Chapter 39 / Subchapter I / Section 3906
§ Â
        3906. Boards of district supervisors; composition; term.
Status: in_force

(a) There shall be a board of supervisors for each district, each board to consist of 4 elected supervisors, an optional supervisor who, in Kent County shall be a member of the Levy Court, in Sussex County shall be a member of County Council, and in New Castle County, shall be the County Executive or the County Executive’s designated representative, and 2 optional supervisors who shall not be farmers and who may be appointed by the Secretary of the Department of Natural Resources and Environmental Control upon the request of the district involved. The vote and authority of each supervisor shall be equal. The county agricultural agent shall serve as secretary to the board but shall have no vote.

(b) The elected members of the Kent and Sussex districts shall be farmers residing in those respective counties. In New Castle County, 2 of the elected supervisors shall be farmers residing in the southern portion of the County, and the remaining 2 who shall not be farmers, shall reside in the northern portion of the County, according to a division established by the Secretary of the Department of Natural Resources and Environmental Control.

(c) The term of office of each elected supervisor shall be 4 years. The term of office of a supervisor appointed by the Secretary of the Department of Natural Resources and Environmental Control shall be 3 years. An optional supervisor appointed by the Kent County Levy Court and the Sussex County Council shall hold office during the pleasure of that body so long as that optional supervisor remains a member of the appointing body. The Secretary of the Department of Natural Resources and Environmental Control may fill the vacancy of any elected supervisor, or supervisor appointed by the Secretary of the Department of Natural Resources and Environmental Control occurring otherwise than by expiration of term, by appointment of a qualified individual to serve the remainder of the unexpired term.
7 Del. C. § 1305 — Delaware Code / Title 7 / Chapter 13 / Section 1305
§ Â
        1305. Violations by corporations; service; collection of fines.
Status: in_force

Where a corporation is accused of violating this part, the warrant of arrest may be read to the president, secretary, or manager in this State, or to any general or local agent thereof in any county where the action or indictment is pending. Upon return of the warrant so served, the corporation shall be deemed in court and subject to the jurisdiction thereof. Any fine imposed may be collected by execution against the property of the corporation. This section shall not exempt an agent or employee from prosecution.
7 Del. C. § 6605 — Delaware Code / Title 7 / Chapter 66 / Section 6605
§ Â
        6605. Preexisting use.
Status: in_force

Any expansion or extension of a preexisting use requires a permit and 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.
7 Del. C. § 7410 — Delaware Code / Title 7 / Chapter 74 / Subchapter I / Section 7410
§ Â
        7410. Financial responsibility.
Status: in_force

(a) The Department shall adopt regulations for maintaining evidence of financial responsibility by all owners and operators for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases from the operation of underground storage tank systems in the following amounts:

(1) An amount of not less than $1,000,000 per occurrence for taking corrective action and for compensating third parties for bodily injury and property damage for underground storage tank systems located at petroleum marketing facilities or that handle an average of more than 10,000 gallons of regulated substance per month based on an annual throughput for the previous calendar year or that store hazardous substances, or in an amount not less than $500,000 per occurrence for all other underground storage tank systems; and

(2) An amount of not less than $1,000,000 annual aggregate for taking corrective action and for compensating third parties for bodily injury and property damage for owners and operators of 1 to 100 underground storage tank systems or an amount of not less than $2,000,000 annual aggregate for taking corrective action and for compensating third parties for bodily injury and property damage for owners and operators of more than 100 underground storage tank systems.

(b) Financial responsibility may be established in accordance with regulations promulgated by the Department and may include the following: insurance, guarantee, surety bond, irrevocable letter of credit, trust fund, or qualification as a self-insurer. In addition, local governments may establish evidence of financial responsibility by any of the following: local government bond rating test, local government financial test, local government guarantee, or local government fund. The owner and operator shall provide written notification to the Department within 30 days of any substantive change in the financial responsibility mechanism, including but not limited to cancellation, nonrenewal, substitution of alternate financial responsibility mechanism, or change in financial responsibility provider. Such written notification shall include but not be limited to the names and addresses of the providers involved, the financial responsibility mechanisms involved, and the effective date of change.

(c) Any claim arising out of conduct for which evidence of financial responsibility must be provided under this section may be asserted directly against the person guaranteeing or providing evidence of financial responsibility. In such a case, the person against whom the claim is made shall be entitled to invoke all rights and defenses which would have been available to the owner or operator had such action been brought directly against the owner or operator.

(d) This section shall not limit any other state or federal statutory, contractual or common-law liability of the guarantor for bad faith in negotiating or in failing to negotiate the settlement of any claim. This section does not diminish the liability of any person under § 107 or § 111 of the Comprehensive Environmental Response Compensation and Liability Act of 1980 (42 U.S.C. § 9607 or § 9611), or other applicable law.
7 Del. C. § 10006 — Delaware Code / Title 7 / Chapter 100 / Section 10006
§ Â
        10006. All of government implementation.
Status: in_force

(a) Implementation Process. —

The State shall work to implement the Climate Action Plan on an ongoing basis, in an inclusive, coordinated, and transparent manner. The State shall coordinate the strategy to achieve the State’s greenhouse gas reduction targets through regular updates of the Climate Action Plan, through the Department and the climate change officers working to implement that Plan, including working to secure any legislation necessary to meet the State’s greenhouse gas emissions reduction targets, and through the implementation strategies identified below.

(b) Agency regulations. — (1) When promulgating or amending regulations within the agency’s statutory authority, all state agencies shall consider and, to the extent practicable, incorporate the State’s greenhouse gas emissions reduction targets, the Climate Action Plan, and sea-level rise, temperature, and precipitation scenarios as provided for in § 10005(b) of this title.

(2) This subsection does not independently confer statutory authority to state agencies to promulgate or amend regulations, but instead directs state agencies to consider and, to the extent practicable, incorporate the State’s greenhouse gas emissions reduction targets, Climate Action Plan, sea-level-rise scenarios, temperature scenarios, and precipitation scenarios in their promulgation and amendment of regulations.

(3) Any regulations promulgated by agencies to meet the targets set for this in this chapter should be consistent with the goals of the Climate Action Plan or any other applicable law.

(c) Agency planning, procurement and resources. — (1) Notwithstanding any other statute, all State agencies, in any decision with respect to the purchase and use of equipment and goods; the siting, construction, and maintenance of Delaware state buildings; the assignment of agency personnel; the planning, design, and operation of Delaware state infrastructure; and the issuance of grants and funding for any of the foregoing, shall consider the State’s greenhouse gas emissions reduction targets, and may also consider:

a. The legislative findings set forth in § 10001(a)-(b) of this title.

b. The State’s most recent Climate Action Plan.

c. The need to increase resilience to climate change, including by reference to the most recent, if any, sea-level-rise scenarios, temperature scenarios, and precipitation scenarios, where applicable.

(2) All state agencies shall, wherever practicable, procure products and services that have lower greenhouse gas emissions. This obligation shall apply only when such products and services represent the best value to the State, are readily available, and perform to satisfactory standards. In determining the best value to the State, State agencies may consider the total cost of ownership of products and services, including all costs associated with the production, purchase, transportation, use, operation and disposal of such products or services.

(d) Climate Action Plan Implementation Report. —

(1) The Department, working with the Office of the Governor, shall provide to the General Assembly by providing it to the Chief Clerk of the House of Representatives, the Secretary of the Senate, the Director and the Librarian of the Division of Legislative Services, the chair of the Natural Resources and Energy Committee of the House of Representatives, and the chairs of the Environment, Energy and Transportation and Agriculture Committees of the Senate, a Climate Action Plan Implementation Report by January 1, 2024, and thereafter shall provide this Implementation Report to the General Assembly in the same manner every 2 years. Each Implementation Report shall summarize the State’s progress on the strategies outlined in the most recent Climate Action Plan, and shall summarize, at minimum, the following:

a. Activities taken by state agencies to reduce greenhouse gas emissions and, when such data are available, estimated greenhouse gas emissions reductions, by sector, for the reporting period.

b. An update upon the status of the implementation of specific policy measures, specific regulatory actions, or specific legislative proposals that were recommended in the most recent Climate Action Plan.

c. Activities taken by agencies to increase resiliency to climate change.

(2) All state agencies shall provide any requested assistance to the Department in the compilation of data or other information that the Department determines is necessary in the preparation of the Implementation Report.
7 Del. C. § 7104 — Delaware Code / Title 7 / Chapter 71 / Subchapter I / Section 7104
§ Â
        7104. Noise and noise disturbance prohibited.
Status: in_force

(a) No person shall, without first having obtained a variance or a temporary emergency variance from the Department of Natural Resources and Environmental Control, undertake any activity which in any way may cause or contribute to the creation of noise or a noise disturbance.

(b) No person shall, without having first obtained a variance or a temporary emergency variance from the Department of Natural Resources and Environmental Control, construct, install, replace, modify or use any equipment, machinery, motor vehicle, device or other article which in any way may cause or contribute to the creation of noise or a noise disturbance.
7 Del. C. § 4307 — Delaware Code / Title 7 / Chapter 43 / Subchapter II / Section 4307
§ Â
        4307. Compensation; expenses and reimbursement.
Status: in_force

(a) The lagoon management commissioners shall be entitled to receive reimbursement for their expenses necessarily incurred in the discharge of their duty at a per diem rate set by the Secretary of the Department of Natural Resources and Environmental Control, not to exceed $50, plus mileage reimbursement at the rate established in § 7102 of Title 29, as amended. The lagoon management commissioners shall be reimbursed for said expenses by the landowners petitioning to have a tax lagoon formed. Such reimbursement shall be made from funds deposited in advance by the petitioners at the time the petition is filed or from the first moneys collected by the tax lagoon after it is organized, the manner to be decided by the Division of Watershed Stewardship.

(b) Lagoon management commissioners will be reimbursed for their expenses incurred in the discharge of their duties in connection with the formation of a tax lagoon after the lagoon order has become effective, or at such time as the Superior Court issues an order denying the petition for the formation of the tax lagoon.
7 Del. C. § 757 — Delaware Code / Title 7 / Chapter 7 / Subchapter III / Section 757
§ Â
        757. Trapping muskrats or other fur-bearing animals adjacent to Broadkiln Creek without consent of landowner; penalty.
Status: in_force

(a) No person shall trap or take muskrats or other fur-bearing animals from any lands adjacent to Broadkiln Creek, from the corporate limits of the Town of Milton to the Delaware Bay, or from the banks of Broadkiln Creek, from the corporate limits of the Town of Milton to the Delaware Bay, without first obtaining the consent of the owner of the lands or banks of the Creek. The failure of any person trapping or taking muskrats or other fur-bearing animals, as aforesaid, to produce the consent in writing of the landowner or the owner of the bank on which traps are set for muskrats, or other fur-bearing animals are taken shall be prima facie evidence of the violation of this section.

(b) Whoever violates this section shall be guilty of a class C environmental violation for each offense.
7 Del. C. § 770 — Delaware Code / Title 7 / Chapter 7 / Subchapter IV / Section 770
§ Â
        770. Identifying rabbits received from another state.
Status: in_force

All persons exposing rabbits for sale, which were received from without the State, shall mark on a card not less than 12 inches by 8 inches, in readable letters, the words “Shipped Rabbits,” the name of the state from where the rabbits were shipped, and the name of the shipper.
7 Del. C. § 4504 — Delaware Code / Title 7 / Chapter 45 / Section 4504
§ Â
        4504. Supervision and control of public lands by Department of Natural Resources and Environmental Control; public beaches; penalty.
Status: in_force

(a) The public lands of this State, as ascertained in regard to location, surveyed and plotted under the supervision and direction of the Public Lands Commission, created in accordance with Chapter 5, Volume 27, Laws of Delaware, shall be under the supervision and control of the Department of Natural Resources and Environmental Control which Department may care for the public lands. All powers given to said Public Lands Commission shall be exercised by the Department of Natural Resources and Environmental Control.

(b) It shall be unlawful to place, dump or throw rubbish, garbage, refuse, trash or other debris of any kind within any public beach of this State, except in such receptacles as are provided for such purpose. Whoever violates this provision shall be fined not less than $50 nor more than $100, together with costs of prosecution, and in default of payment of the fine and costs shall be subject to § 4105 of Title 11.

All law-enforcement agencies, to include Environmental Protection Officers of the Department of Natural Resources and Environmental Control, shall have equal authority to enforce this section. Justices of the peace shall have jurisdiction of offenses under this section.
7 Del. C. § 4369 — Delaware Code / Title 7 / Chapter 43 / Subchapter V / Section 4369
§ Â
        4369. Adjustment of maintenance tax.
Status: in_force

When in the opinion of the lagoon managers the amount of the tax levied to defray the cost of maintenance is either insufficient or excessive, they may raise or lower the same for the current and succeeding years with the consent of the Division of Watershed Stewardship. If the annual maintenance tax is so raised or lowered, it shall be apportioned to each landowner in accordance with § 4362 of this title and a new maintenance tax warrant shall be delivered to the appropriate receiver of taxes and county treasurer.
7 Del. C. § 4176 — Delaware Code / Title 7 / Chapter 41 / Subchapter V / Section 4176
§ Â
        4176. Duties of receiver of taxes and county treasurer.
Status: in_force

All taxes levied by any tax ditch organized under this chapter shall be collected by the receiver of taxes and county treasurer in the county or counties wherein the lands taxed are located. The receiver of taxes and county treasurer shall accept tax warrants in proper form from such tax ditches, shall refer to tax ditch assessment lists on file with the board of assessment of the county and shall collect such taxes warranted annually, pursuant to the terms of the warrants in the same manner as provided by law for the collection of county taxes, and money so collected shall be paid during the months of November, January and July to the receiver designated in the tax warrants. Warrants received not later than May 1 of each year, by the receiver of taxes and county treasurer, shall be processed to be collected during that same year. Tax warrants marked plainly as being for annual maintenance taxes shall be filed by the receiver of taxes and county treasurer in a special binder and the same shall be maintained as part of the permanent records of that office. Such annual maintenance taxes shall be deemed to have been levied by the tax ditch as of April 30 of each year, except the year in which the original or a revised maintenance tax warrant is delivered to the receiver of taxes and county treasurer, in which case the levy shall be effective from and after the date of the delivery of such warrant. Annual maintenance taxes, once warranted, shall be collected yearly by the receiver of taxes and county treasurer, except that an annual maintenance tax shall not be collected during any tax year when another warrant, whether for construction taxes or special taxes, for an identical portion of the tax ditch is in effect and is being collected. The receiver of taxes and county treasurer shall accept original tax warrants for annual maintenance taxes signed by the chairperson of the ditch managers and attested by the secretary-treasurer of the tax ditch. Such warrants may not be withdrawn and may not be revised except with the consent of the county soil conservation district, pursuant to § 4181 of this title.
7 Del. C. § 2903 — Delaware Code / Title 7 / Chapter 29 / Section 2903
§ Â
        2903. Eligibility.
Status: in_force

In order to be eligible for the transfer of a permit or license under this chapter the assignee or transferee of the permit or license shall be any of the following:

(1) An apprentice with at least 150 days of commercial fishing experience;

(2) An alternate or designee with actual fishing experience during at least 1 calendar year; or

(3) The holder of a valid permit or license for any of the fisheries covered under § 2901 of this title with actual fishing experience during at least 2 calendar years.

Actual fishing experience as provided herein may be established by catches reported by or attributed to the prospective assignee or transferee engaged in fishing.
7 Del. C. § 7009 — Delaware Code / Title 7 / Chapter 70 / Section 7009
§ Â
        7009. Condemnation.
Status: in_force

If Superior Court rules that a permit’s denial, or restrictions imposed by a granted permit, or the operation of § 7003 or § 7004 of this title, is an unconstitutional taking without just compensation, the Secretary of the State Department of Natural Resources and Environmental Control may, through negotiation or condemnation proceedings under Chapter 61 of Title 10, acquire the fee simple or any lesser interests in the land. If the Secretary does not use this authority to acquire the fee simple or any lesser interests in the land within 5 years from the date of the Court’s ruling, the permit must be granted as applied for.
7 Del. C. § 4506 — Delaware Code / Title 7 / Chapter 45 / Section 4506
§ Â
        4506. Sale of public lands and products.
Status: in_force

(a) The Department of Natural Resources and Environmental Control may supervise the sale of any material, product or thing which grows or may be grown upon any public lands; divide the public lands into tracts of 50 acres, or less; and sell such tracts, or any part thereof, as deemed advisable to sell.

(b) Any public land sold shall be sold only at public auction after at least 10 days prior public notice. Such public notice shall be given in all 3 counties of this State. Notice in each county shall be given in the same manner required for county tax sales in each respective county, including publication and posting of handbills. Any land so sold shall be sold only to the highest bidder at the sale for the amount of that highest bid.
7 Del. C. § 1103 — Delaware Code / Title 7 / Chapter 11 / Subchapter I / Section 1103
§ Â
        1103. Equipment and methods used for fishing for freshwater finfish.
Status: in_force

Unless otherwise authorized by regulation promulgated by the Department or permit issued by the Division or Director, it shall be illegal for any person to fish for any freshwater fish in the nontidal waters of this State with any fishing equipment or by any method, unless it is provided for in the following paragraphs:

(1) A hook and line may be used, and each hook and line shall have no more than 3 hooks or 3 separate lures with hooks.

(2) Except for a person fishing for freshwater finfish with a hook and line through ice, the number of hooks and lines any 1 person shall be permitted to use to fish for any freshwater finfish in the nontidal or fresh waters of the State shall be no more than 2. Fishing through ice shall be governed by regulations promulgated by the Department.

(3) A person may use a dip net to aid in landing any freshwater finfish taken or caught by hook and line in the nontidal or fresh waters of the State.

(4) Upon the request of an owner or tenant of any pond, lake or impoundment located in the State, the Director may issue a permit to said owner or tenant, authorizing said owner or tenant to fish for freshwater finfish with any fishing equipment, or by any method other than what has been authorized by this chapter or any regulation promulgated by the Department or permit issued by the Director. However, no owner or tenant of any pond, lake or impoundment located in this State shall use or attempt to use any chemical, poison and/or electrical equipment or device to fish for freshwater finfish.

(5) Upon the request of the owner of any privately owned pond located in the State, employees of the Division may be authorized by the Director to use any chemical, poison and/or electrical equipment or device to fish in said owner’s pond for the purpose of fish management practices.

(6) Carp may be taken and/or fished for by using a bow and arrow and/or spear, unless said equipment or method is otherwise restricted by any regulation promulgated by the Department.
7 Del. C. § 2408 — Delaware Code / Title 7 / Chapter 24 / Section 2408
§ Â
        2408. Noncommercial clamming permit.
Status: in_force

(a) It shall be unlawful for any person to harvest, in any 1 day, hard clams for noncommercial purposes in excess of the daily recreational clam limit unless said person has applied for and received from the Department, and has in his or her possession, a valid noncommercial clamming permit. The fee for a resident noncommercial clam permit will be $5.75. The fee for a nonresident noncommercial clamming permit will be $57.50.

(b) The Department will establish, by regulation, the seasons for taking clams and/or limit the number of clams that may be harvested in any 1 day for noncommercial clamming permit holders.
7 Del. C. § 1503 — Delaware Code / Title 7 / Chapter 15 / Section 1503
§ Â
        1503. Powers of Commission and Commissioners; duties of other state officials.
Status: in_force

The Commission and the Commissioners thereof shall have all the powers provided for in the Compact and all the powers necessary or incidental to the carrying out of the Compact in every particular. All officers of the State shall do all things falling within their respective provinces and jurisdiction necessary or incidental to the carrying out of the Compact in every particular; it being the policy of the State to perform and carry out the said Compact and to accomplish the purposes thereof. All officers, bureaus, departments and persons of and in the state government or administration of the State shall, at convenient times and upon request of the Commission furnish the Commission with information and data possessed by them or any of them and aid said Commission by loan of personnel or other means lying within their legal rights respectively.
7 Del. C. § 4402 — Delaware Code / Title 7 / Chapter 44 / Section 4402
§ Â
        4402. Definitions.
Status: in_force

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

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

(2) “Federal Emergency Management Agency” (“FEMA”): the federal agency with the overall responsibility for administering the National Flood Insurance Program.

(3) “Flood” or “flooding”: a general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters, and/or the unusual and rapid accumulation or runoff of surface waters from any source.

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

(5) “State” shall mean the State of Delaware.
7 Del. C. § 5901 — Delaware Code / Title 7 / Chapter 59 / Section 5901
§ Â
        5901. Purpose.
Status: in_force

The purpose of this chapter is to encourage owners of land to make land and water areas available to the public for recreational purposes by limiting their liability toward persons entering thereon for such purposes, whether such persons entered upon the land of the owner with or without consent of the owner.
7 Del. C. § 2106 — Delaware Code / Title 7 / Chapter 21 / Section 2106
§ Â
        2106. Authority.
Status: in_force

(a) The Department is authorized to adopt shellfish regulations to establish the dates for annual open seasons to harvest oysters from the State’s natural oyster beds.

(b) The Department is authorized to adopt shellfish regulations to establish the areas where oysters that are harvested from the State’s natural oyster beds for direct sale shall be landed.

(c) The Department is authorized to adopt shellfish regulations to govern the type and amount of gear or equipment that may be used to harvest oysters from the State’s natural oyster beds.

(d) The Department is authorized to adopt shellfish regulations to establish a minimum size of oysters for harvest.

(e) The Department is authorized to adopt shellfish regulations to establish an annual oyster harvest quota.