7 Del. C. § 1311 — Delaware Code / Title 7 / Chapter 13 / Section 1311
§ Â
        1311. Fines payable by mail.
Status: in_force

(a) Applicability. — Any duly constituted law-enforcement officer of the Department of Natural Resources and Environmental Control or peace officer in this State, who charges any person with any of the offenses which are violations of laws or regulations established or promulgated under the authority of Parts I and II of this title, Chapter 47 of this title or Chapter 21 of Title 23, may, in addition to issuing a summons for any such offenses, provide the violator with a voluntary assessment form which, when properly executed by the officer and the offender, allows the offender to dispose of the charges without the necessity of personally appearing in the court to which the summons is returnable.

(b) Definitions. — (1) “Payment” as used in this section shall mean the total amount of the fine and of the costs as herein provided and of the penalty assessment added to the fine pursuant to the Delaware Victim Compensation Law, Chapter 90 of Title 11.

(2) “Voluntary assessment form” as used in this section means the written agreement or document signed by the violator wherein he or she agrees to pay by mail the fine for the offense described therein together with costs and penalty assessment.

(c) Places and time of payment. — Payments made pursuant to this section shall be remitted to the court to which the summons is returnable and shall be disbursed in accordance with § 1307 of this title. The payment must be received by the court within 10 days from the date of arrest (excluding Saturday and Sunday) and shall be paid only by check or money order.

(d) Offenses designated as “offenses subject to voluntary assessment”; exceptions. — All offenses, as now or hereafter set forth in this title or Title 23, or regulations promulgated under the authority of this title or Title 23, are hereby designated as offenses subject to voluntary assessment except the following offenses: Violation of § 787(a) of this title.

(e) Offer and acceptance of voluntary assessment; effect; withdrawal of acceptance; request for hearing. — (1) At the time of making an arrest for any offense subject to this section, the arresting officer may offer the alleged violator the option of accepting a voluntary assessment. The alleged violator’s signature on the voluntary assessment form constitutes an acknowledgment of guilt of the offense stated in the form, and an agreement to pay the fine as herein provided, together with costs and penalty assessment, within 10 days from the date of arrest (excluding Saturday and Sunday) during which time payment must be received by the court.

(2) The alleged violator, after signing and receiving the voluntary assessment form, may withdraw his or her acceptance of the voluntary assessment and request a hearing on the charge stated in such form, provided that the alleged violator, within 10 days from the date of arrest (excluding Saturday and Sunday), personally or in writing notifies the court to which payment of the penalty assessment was to be made that he or she wishes to withdraw his or her acceptance of the voluntary assessment and requests a hearing on the charge stated in the voluntary assessment form. If the alleged violator notifies the court of such withdrawal and request for hearing as aforesaid, he or she shall be prosecuted for the charge stated in the voluntary assessment form as if such form had not been issued.

(f) Penalty. — If an alleged violator elects the option of accepting a voluntary assessment in accordance with subsection (e) of this section, the penalty for offenses designated as offenses subject to voluntary assessment shall be the minimum fine for each specific offense charged, and fines shall be cumulative if more than 1 offense is charged.

(g) Court costs and applicability of Delaware Victim Compensation Law. — In lieu of any other court costs, and provided the offense is not subject to other proceedings under this section, each fine for an offense under this section shall be subject to court costs of $8.50. Each fine for an offense under this section shall be subject also to the penalty assessment which is or may be provided for in the Delaware Victim Compensation Law, Chapter 90 of Title 11.

(h) Agreement to accept voluntary assessment; procedure. — Whenever a person is arrested for commission of an offense subject to voluntary assessment and has elected to make payment as herein provided, the arresting officer, using the uniform Department of Natural Resources and Environmental Control complaint and summons citation, shall complete the information section and prepare the voluntary assessment form indicating the amount of the fine, have the arrested person sign the voluntary assessment form, give a copy of the citation and form to the arrested person and release the arrested person from custody. The arresting officer shall also inform the arrested person of the court to which payment shall be submitted. No officer shall receive or accept custody of a payment. If the person declines to accept the voluntary assessment, the arresting officer shall follow the procedure for arrest as set forth in Chapter 19 of Title 11.

(i) Payment of fine as complete satisfaction; repeat offenders. — (1) Payment of the prescribed fine, costs and penalty assessment is a complete satisfaction of the violation, except as provided in paragraph (i)(2) of this section, but does not waive any administrative penalty in the nature of license revocation which may be lawfully revoked by the Department of Natural Resources and Environmental Control.

(2) In the event that following compliance with the payment provisions of this section, it is determined that within the 2-year period immediately preceding the violation, the violator was convicted of or made a payment pursuant to this section in satisfaction of a violation of the same section of this title, personal appearance before the court to which the summons is returnable shall be required. Notice of the time and place for the required court appearance shall be given to the violator by the court to which the summons for the offense would be returnable.

(j) Removal from applicability of section. — (1) If a payment due pursuant to this section is not received by the court to which the summons is returnable within 10 days from the date of arrest (excluding Saturday and Sunday), the violator shall be prosecuted for the offense charged on the voluntary assessment form in a manner as if a voluntary assessment form had not been issued. Upon conviction in such prosecution, the court shall impose penalties as provided for by this title and Title 23 or other law relating to the particular violation charged, and this section, as to payment of fines under voluntary assessments, shall not apply.

(2) In addition to the penalties provided for in paragraph (j)(1) of this section, it is a class B misdemeanor, punishable as provided by Title 11, for any person, who has elected to make payment pursuant to this section, to fail to do so within 10 days (excluding Saturday and Sunday) from the date of arrest.

(k) Nonexclusive procedure. — The procedure prescribed is not exclusive of any other method prescribed by law for the arrest and prosecution of persons violating this title.
7 Del. C. § 7602 — Delaware Code / Title 7 / Chapter 76 / Section 7602
§ Â
        7602. Center for the Inland Bays.
Status: in_force

(a) The Center for the Inland Bays is hereby created as a nonprofit organization. The Center shall apply for nonprofit status under the federal Internal Revenue Code. The purpose of the Center shall be to oversee and facilitate the implementation of a long-term approach for the wise use and enhancement of the Inland Bays’ Watershed.

(b) The Center shall receive federal funds for coordinating implementation of the federal Comprehensive Conservation and Management Plan (CCMP), and shall raise private grant moneys to support educational activities, restoration and land acquisition efforts.
7 Del. C. § 6701 — Delaware Code / Title 7 / Chapter 67 / Section 6701
§ Â
        6701. Emission standards required for inspection.
Status: in_force

Any motor vehicle which is subject to inspection by the Division of Motor Vehicles, or any other duly authorized body, shall, as a condition of compliance with the inspection, pass such tests as may be required to demonstrate that the motor vehicle complies with any standards and requirements, rules or regulations for the control of air contaminants established by the Department of Natural Resources and Environmental Control which are applicable to such motor vehicle.
7 Del. C. § 4305 — Delaware Code / Title 7 / Chapter 43 / Subchapter II / Section 4305
§ Â
        4305. Disqualification of members.
Status: in_force

In those cases where any member of the board of lagoon management commissioners owns lands within the boundary of a proposed tax lagoon, such member shall not serve as a member of said board on that particular tax lagoon, and an alternate lagoon management commissioner shall serve in the member’s stead.
7 Del. C. § 5307 — Delaware Code / Title 7 / Chapter 53 / Subchapter II / Section 5307
§ Â
        5307. Restriction or closure of public access.
Status: in_force

(a) The Division may temporarily restrict or close public access to any archaeological resource and its surrounding location or context in or on State lands, including subaqueous lands, and including public beaches notwithstanding the jurisdictional provisions of § 6803 of this title, whenever:

(1) In the judgment of the Director a condition constituting an imminent threat to an archaeological resource exists, which may cause harm to the qualities that make the resource of archaeological interest. Such threats may be due to the effects of natural forces or human intervention;

(2) The Director finds that an archaeological investigation is needed to determine if a resource is of archaeological interest; and/or

(3) The Director has issued a permit for archaeological investigation of an archaeological resource under § 5309 of this title, or the Division is conducting an archaeological investigation of an archaeological resource.

(b) The Director shall consult with the state land managing agency with jurisdiction over the lands in or on which the archaeological resource is located to define: the area to be restricted or closed; the anticipated period of the restriction or closure; how the restriction or closure will be posted to provide public notice; how the restriction or closure will be monitored or enforced; and, if the restriction or closure occurs pursuant to paragraph (a)(1) of this section, the steps that the Director and the other state land managing agency must take to alleviate the threat to the archaeological resource.

(c) The period of a restriction or closure under this section may not exceed 90 days, unless occurring pursuant to paragraph (a)(3) of this section, in which case the period of the restriction or closure is the term of the permit. The Director may, with the approval of the Secretary of State, extend a period of restriction or closure.

(1) The Director shall first consult with the state land managing agency in or on which the archaeological resource is located, as to the need for extending the period; and

(2) When occurring pursuant to paragraph (a)(1) of this section, the Director shall hold a public hearing; the Director shall take into account the comments provided at the public hearing, and within 15 days notify local governments and the public of the Director’s decision on whether or not to extend the restriction or closure of access. The Director shall publish that decision in a daily newspaper of statewide circulation and in a newspaper of general circulation in the county in which the restriction or closure will occur.

(d) The Director may, with the approval of the Secretary of State, indefinitely restrict access to and recovery of certain shipwrecks to which the State holds title or terrestrial sites in or on state lands that have particular archaeological and/or environmental values.

(e) The Director may permit public access to certain shipwrecks to which the State holds title with appropriate restrictions to protect their archaeological and/or environmental values.

(f) Any person whose interest is substantially affected may appeal a decision of the Division made pursuant to this subsection regarding access to an archaeological resource. The appeal must be made to the Secretary, and filed with the Secretary within 60 days from the issuance of the Division’s decision. The appeal must be conducted in accordance with the Administrative Procedures Act, § 10101 et seq. of Title 29. If an appellant exhausts all administrative remedies, the appellant is entitled to judicial review in accordance with subchapter V of the Administrative Procedures Act [§ 10141 et seq. of Title 29].
7 Del. C. § 4505 — Delaware Code / Title 7 / Chapter 45 / Section 4505
§ Â
        4505. Survey of public lands.
Status: in_force

The Department of Natural Resources and Environmental Control may survey such of the public lands that have not been surveyed, plotted and recorded in the office of the recorder of deeds in the county in which any such lands may lie; and may survey and lay off such public highways through any such lands as it deems advisable and for the public good.
7 Del. C. § 9109 — Delaware Code / Title 7 / Chapter 91 / Subchapter I / Section 9109
§ Â
        9109. Enforcement.
Status: in_force

(a) Whenever, in the opinion of the Secretary, a person:

(1) Is a potentially responsible party; and

(2) Has been notified of such person’s potential liability pursuant to §§ 9104 and 9105 of this title; and

(3) Has not submitted a proposed settlement or has submitted a proposed settlement and the Secretary has rejected the proposal, the Secretary may seek to have the potentially responsible party perform a remedy at a facility by giving written notice to the person;

a. Specifying the basis of the person’s liability under this chapter for a remedy at the facility;

b. Identifying the remedy to be performed by the person at the facility, and the timeframe for its completion;

c. Advising that a public hearing, conducted pursuant to §§ 6004 and 6006 of this title, on the person’s alleged liability, and the remedy to be performed and the timeframe for its completion, under this chapter may be had if requested within 30 days of the notice; and

d. Notifying that the proposed remedy, and the timeframe for its completion, will be ordered unless a public hearing is requested.

(b) Whenever the Secretary determines that there exists an imminent danger that requires immediate remedy to protect public health or welfare or the environment, the Secretary may seek such injunctive relief or issue an order without prior notice or opportunity to submit a proposed settlement agreement.

(c) To enforce the order, the Secretary may bring an action in the Court of Chancery against any potentially responsible party who without sufficient cause, fails to comply with an order issued under subsection (a) or (b) of this section.

(d) The Secretary may bring an action in the Superior Court to recover from any potentially responsible party all natural resource damages resulting from a release.

(e) The Secretary may bring an action in the Superior Court against any potentially responsible party to collect remedial costs incurred by the Secretary, or for a party’s refusal to comply, without sufficient cause, with an order issued under subsection (a) or (b) of this section.

(f) The Secretary may issue an order as the Secretary deems appropriate to any person who fails to provide the required information or documents under § 9106(a)(1) of this title, who fails to provide access under § 9106(a)(2) of this title, or who fails to report a release as required by the regulations promulgated pursuant to this chapter.

(g) The Secretary may bring an action in Superior Court to enforce any order issued by the Secretary under subsection (f) of this section. Any person refusing to comply, without sufficient cause, with such an order shall be liable pursuant to paragraph (h)(2) of this section.

(h) In any action brought under subsection (e) of this section for a refusal to comply with an order, the person found responsible shall be liable for payment of:

(1) An amount at least equal to, but not greater than 3 times the amount of, any remedial costs incurred by the State as a result of the person’s refusal to comply; and

(2) A civil penalty of up to $40,000 per day for each day the person refuses to comply. For purposes of determining a civil penalty, the period of noncompliance shall be deemed to commence on the day of the Secretary’s decision and continue until full compliance with the terms of the order is achieved.
7 Del. C. § 6304 — Delaware Code / Title 7 / Chapter 63 / Subchapter I / Section 6304
§ Â
        6304. Prohibitions; records.
Status: in_force

(a) No person shall generate, store, transport, treat or dispose of hazardous wastes in this State without reporting such activity to the Department as required by this chapter and regulations promulgated hereunder.

(b) No person shall generate, store, treat, transport or dispose of hazardous wastes within this State except in compliance with this chapter and regulations hereunder.

(c) Information obtained by the Department under § 6305(a)(10) of this title or pursuant to any other provisions of this chapter shall be available to the public as provided in Chapter 100 of Title 29, unless the Department certifies such information to be proprietary. The Department may make such certification where any person shows to the satisfaction of the Department that the information, or parts thereof, if made public, would divulge methods, processes or activities entitled to protection as trade secrets. Nothing in this subsection shall be construed as limiting the disclosure of information by the Department to any officer, employee or authorized representative of the state or federal government concerned with effecting this chapter or the Resource Conservation and Recovery Act of 1976, Pub. L. 94-580, as amended from time to time [42 U.S.C. § 6901 et seq.]. Prior to disclosure of proprietary information to an authorized representative who is not an officer or employee of the state or federal government, the person providing the proprietary information may require the representative to sign an agreement prohibiting disclosure of such information to anyone not authorized by this chapter or the terms of the agreement. Such agreement shall not preclude disclosure by the representative to any state or federal government officer or employee concerned with effecting this chapter or Pub. L. 94-580, as amended.

(d) It shall be unlawful for any person to destroy, alter or conceal any records maintained and in existence as of July 11, 1980, with respect to any generation, treatment, disposal, storage or transportation of hazardous waste during or subsequent to any such operation. This requirement applies equally to facilities and sites closed prior to July 11, 1980. The Secretary shall prescribe by regulation terms and conditions upon which records shall be kept, including the period of retention.

(e) The Secretary shall issue such orders as may be necessary to carry out his or her duties under this chapter.

(f) Except with respect to its powers as set forth in the Hazardous Materials Transportation Act, §§ 8223-8230 of Title 29, the Commission shall serve in an advisory capacity to the Secretary and may consider all matters relating to the implementation of this chapter and regulations promulgated thereunder.

(g) No person shall transport or deliver hazardous waste to any facility operated by or on behalf of the Delaware Solid Waste Authority, except to the extent authorized by the Authority with respect to small quantity source separated designated materials which are delivered to recycling centers for disposal in an authorized manner.
7 Del. C. § 6129 — Delaware Code / Title 7 / Chapter 61 / Section 6129
§ Â
        6129. Execution of lease.
Status: in_force

All leases and other instruments required in carrying out this chapter shall be executed by the Secretary and the Governor. All bonds, contracts and other instruments required by this chapter for the protection of the interests of this State and its political subdivisions, persons and property therein, shall be executed and delivered to the Secretary.
7 Del. C. § 6418 — Delaware Code / Title 7 / Chapter 64 / Subchapter I / Section 6418
§ Â
        6418. Bonds of Authority.
Status: in_force

(a) The Authority shall have the power and is hereby authorized from time to time to issue its negotiable bonds for any of its corporate purposes, including incidental expenses in connection therewith, and to secure the payment of the same by a lien or pledge covering all or part of its property, contracts, earnings or revenues. The Authority shall have power, from time to time whenever it deems refunding expedient, to refund any bonds by the issuance of new bonds, whether the bonds to be refunded have or have not matured, or be subject to redemption, and may issue bonds partly to refund bonds then outstanding and partly for any of its corporate purposes. Refunding bonds may be issued in amounts sufficient to provide:

(1) The principal amount of the obligations being refunded;

(2) Any applicable redemption premiums thereon;

(3) Unpaid interest on such obligations to the date of delivery of the refunding bonds, and interest to accrue on such obligations being refunded from the date of delivery of the refunding bonds to the first or any subsequently available redemption date or dates selected by the Authority; and

(4) Any expenses, including bond discount, deemed by the Authority to be necessary for the issuance of the refunding bonds.

The proceeds of the sale of any refunding bonds shall be applied as follows, either: (1) To the immediate payment and retirement of the obligations being refunded; or (2) if not required for the immediate payment of the obligations being refunded, such proceeds shall be deposited in trust to provide for the payment and retirement of the obligations being refunded, but provisions may be made for the pledging and disposition of any amount in excess of the amounts required for such purposes, including, without limitation, provision for the pledging of any such excess amounts to the payment of the principal of and interest on any portion of such refunding bonds or series of such refunding bonds issued for the purpose of providing amounts in addition to the principal amount and premium payable with respect to the outstanding obligations to be refunded.

(b) The bonds shall be authorized by resolution of the Authority and shall bear such date or dates, mature at such time or times not exceeding 40 years from their respective dates, bear interest at a rate or rates per annum as may be determined by the Authority, be in such denominations, be in such form either coupon or registered, carry such registration privileges, be executed in such manner, be payable in lawful money of the United States of America, at such place or places and be subject to such terms of redemption, as such resolution or resolutions may provide. Bonds of the Authority shall be sold either at public or private sale at such place and interest rates as may be determined by the Authority.

(c) Any resolution or resolutions authorizing any bonds or any trust indenture securing any issue of bonds may contain provisions, which shall be a part of the contract with the holders of the bonds thereby authorized, as to:

(1) Pledging all or any part of the moneys, earnings, income and revenues derived from all or any part of the properties of the Authority to secure the payment of the bonds or of any issue of the bonds subject to such agreements with bondholders as may then exist;

(2) The rates, rentals, fees and other charges to be fixed and collected and the amounts to be raised in each year thereby, and the use and disposition of the earnings and other revenues;

(3) The setting aside of reserves and the creation of sinking funds and the regulation and disposition thereof;

(4) Limitations on the right of the Authority to restrict and regulate the use of the properties in connection with which such bonds are issued;

(5) Limitations on the purposes to which and the manner in which the proceeds of sale of any issue of bonds may be applied;

(6) Limitations on the issuance of additional bonds, the terms upon which additional bonds may be issued and secured, the refunding of outstanding or other bonds;

(7) The procedure, if any, by which the terms of any contract with bondholders may be amended or abrogated, the amount of bonds the holders of which must consent thereto and the manner in which such consent may be given;

(8) The creation of special funds into which any earnings or revenues of the Authority may be deposited;

(9) The terms and provisions of any mortgage or trust deed or indenture securing the bonds or under which bonds may be issued;

(10) Vesting in a trustee or trustees such properties, rights, powers and duties in trust as the Authority may determine which may include any or all of the rights, powers and duties of the trustee appointed by the bondholders pursuant to § 6419 of this title, and limiting or abrogating the right of the bondholders to appoint a trustee under such section or limiting the rights, duties and powers of such trustee;

(11) Defining the acts or omissions to act which shall constitute a default in the obligations and duties of the Authority to the bondholders and providing the rights and remedies of the bondholders in the event of such default, including as a matter of right the appointment of a receiver; provided, however, that such rights and remedies shall not be inconsistent with the general laws of this State and other provisions of this chapter;

(12) Limitations on the power of the Authority to sell or otherwise dispose of its properties;

(13) Any other matters, of like or different character, which in any way affect the security or protection of the bonds;

(14) Limitations on the amount of moneys derived from the properties to be expended for operating, administrative or other expenses of the Authority;

(15) The protection and enforcement of the rights and remedies of the bondholders;

(16) The obligations of the Authority in relation to the construction, maintenance, operation, repairs and insurance of the properties, the safeguarding and application of all moneys and as to the requirements for the supervision and approval of consulting engineers in connection with construction, reconstruction and operation;

(17) The payment of the proceeds of bonds and revenues of the properties to a trustee or other depository, and for the method of disbursement thereof with such safeguards and restrictions as the Authority may determine;

(18) Any other matter or course of conduct which by recital in the resolution or resolutions is declared to further secure the payment of the principal of or interest on the bonds.

(d) It is the intention of the General Assembly that any pledge of earnings, revenues or other moneys made by the Authority shall be valid and binding from the time when the pledge is made; that the earnings, revenues or other moneys so pledged and thereafter received by the Authority shall immediately be subject to the lien of such pledge without any physical delivery thereof or further act; and that the lien of any such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise against the Authority irrespective of whether such parties have notice thereof. Neither the resolution nor any other instrument by which a pledge is created need be recorded.

(e) Neither the directors of the Authority nor any person executing the bonds or other obligations shall be liable personally on the bonds or other obligations or be subject to any personal liability or accountability by reason of the issuance thereof.

(f) The Authority shall have power out of any funds available therefor to purchase (as distinguished from the power of redemption hereinabove provided) any bonds issued by it or which may be assumed by such Authority at a price of not more than the principal amount thereof and accrued interest, and all such bonds shall be cancelled.

(g) In the discretion of the Authority, the bonds may be secured by a trust indenture by and between the Authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or without the State. Such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the Authority in relation to the construction, maintenance, operation, repair and insurance of the properties, and the custody, safeguarding and application of all moneys, and may provide that the properties shall be constructed and paid for under the supervision and approval of consulting engineers. The Authority may provide by such trust indenture for the payment of the proceeds of the bonds and the revenues of the properties to the trustee under such trust indenture or other depository, and for the method of disbursement thereof, with such safeguards and restrictions as it may determine. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation and repair of the properties. If the bonds shall be secured by a trust indenture, the bondholders shall have no authority to appoint a separate trustee to represent them. Notwithstanding any other provisions of this chapter, any resolution or resolutions authorizing bonds or notes of the Authority shall contain a covenant by the Authority that it will at all times maintain rates, fees, rentals and/or other charges sufficient to pay, and that any contracts entered into by the Authority for the receipt and treatment and/or disposal of solid wastes shall contain rates, fees, rentals or other charges sufficient to pay, the cost of operation and maintenance of the properties, the principal of and interest on any obligations issued pursuant to such resolution or resolutions as the same severally become due and payable and to maintain any reserves or other funds required by the terms of such resolution or resolutions.
7 Del. C. § 6614 — Delaware Code / Title 7 / Chapter 66 / Section 6614
§ Â
        6614. Cease and desist orders.
Status: in_force

The Secretary shall have the power to issue an order to any person violating any rule, regulation or order or permit condition or provision of this chapter to cease and desist from such violation. Any cease and desist order issued pursuant to this section shall expire (1) after 30 days of its issuance, or (2) upon withdrawal of said order by the Secretary, or (3) when the order is suspended by an injunction, whichever occurs first.
7 Del. C. § 4367 — Delaware Code / Title 7 / Chapter 43 / Subchapter V / Section 4367
§ Â
        4367. Special tax.
Status: in_force

A special tax to raise the funds necessary to carry into effect any of the provisions of this chapter and not otherwise provided for herein may be levied by the lagoon managers in the same manner as provided in this chapter for levying taxes for original dredging.
7 Del. C. § 7904 — Delaware Code / Title 7 / Chapter 79 / Subchapter I / Section 7904
§ Â
        7904. Permit modification, suspension, denial, revocation and chronic violator status.
Status: repealed

(a) A “chronic violator” is a regulated party that has demonstrated an inability or unwillingness to comply with 1 or more of the Department’s regulatory programs.

(1) The criteria for determining whether a regulated party has demonstrated such inability or unwillingness shall include whether the regulated party has engaged in a pattern of wilful neglect or reckless disregard of the permits or regulatory programs of the Department.

(2) The Department shall have discretion to commence, review and reconsider, or not, chronic violator status as to any particular regulated party at any time.

(3) Upon consideration of a person’s chronic violator status in accordance with the chapter, the Secretary may seek a determination of a regulated party’s status as a chronic violator, by commencing a proceeding before the Environmental Appeals Board, by the filing of an administrative complaint. The administrative complaint shall contain the factual and legal basis on which a chronic violator determination is sought, any proposed limits, requirements or restrictions sought to be imposed on a facility or regulated party, as well as any administrative penalties the complaining party seeks to impose under § 7906 of this title.

(4) a. The Environmental Appeals Board, as established by § 6007 of this title, is granted jurisdiction to hear and determine the issues presented in an administrative complaint from the Secretary on chronic violator status, on such notice as is legally required. The Board shall have discretion in determining the procedures for the hearing process, provided that:

1. All parties to the complaint may appear personally or by counsel before the Board.

2. The Board shall provide a reasonable opportunity for discovery of the factual and legal contentions of the parties.

3. All parties to the complaint may produce any competent evidence in their behalf, although the Board may exclude any evidence that is plainly irrelevant, immaterial, insubstantial, cumulative or unduly repetitive, and may limit unduly repetitive proof, rebuttal, and cross-examination.

4. The burden is on the complaining party to prove that the regulated party is a chronic violator and that the administrative actions and penalties sought are supported by a preponderance of the evidence before the Board.

b. The Board’s order on chronic violator status shall contain findings of fact and conclusions of law based on the record, which shall include but not be limited to: notices and other underlying procedural documents; a transcript of the hearing; documents entered at the hearing; and documents relied upon in deciding chronic violator status. Either party may appeal the Board’s decision, or any part of its order, to the Superior Court under § 6009 of this title.

(5) The Department shall adopt, amend, modify, or repeal its regulations, after public hearing, to make them consistent with this subchapter, and the Department may adopt, amend, modify, or repeal regulations at any time, after public hearing, to effectuate the policy and purposes of this subchapter, including without limitation, to provide a process for determining when a regulated party shall be declared a chronic violator and to set the terms and conditions under which the status of chronic violator may be lifted.

(b) One or more of the factors to be considered in determining whether a regulated party has engaged in a pattern of wilful neglect or reckless disregard of the permits or regulatory programs of the Department shall include:

(1) The nature and extent of the harm caused or threatened.

(2) The impact on the integrity of regulatory programs.

(3) Duration of noncompliance, including without limitation the duration of the violations and the duration over which violations have continued to occur.

(4) Number of violations of a similar nature.

(5) Total number of violations of all types.

(6) Economic benefit or harm attributable to violations and noncompliance.

(7) Relationship and relevance of violations to activity for which permit is sought.

(8) [Repealed.]

(9) The actions of new owners or managers, where ownership or management has changed at the facility.

(10) Actions taken or not taken to prevent, mitigate or respond to harm caused or threatened by the violation.

(11) Whether any or all of the violations were self-reported within 15 consecutive days after the date of discovery.

(12) The amount of an illegal release of a pollutant in proportion to the amount legally authorized to be released, if any.

(13) Whether the regulated party has adequately capitalized, funded or modernized its operations, maintenance, mechanical integrity efforts, training programs and or risk management reviews so that compliance with the Department’s regulatory programs can be reasonably expected.

(14) Whether the regulated party has used recognized and generally accepted good engineering and other related professional practices established within the regulated party’s field or industry so that compliance with the Department’s regulatory programs can be reasonably expected.

(15) The size, scope and complexity of operations and the number of facilities located in the State.

(16) Whether any violation constitutes a high priority violation according to the United States Environmental Protection Agency.

(c) In addition, 1 or more of the types of violations to be considered by the Secretary shall include, but not be limited to:

(1) Violations that cause or threaten harm to the environment or to public health or safety;

(2) Violations resulting in criminal convictions;

(3) Tampering with monitoring or sampling equipment or interfering with samples or analytical results;

(4) Filing false reports or inaccurate or misleading information;

(5) Failing to maintain or use required pollution control equipment, structures or practices;

(6) Repeatedly failing to submit required reports of regulated activity such as Discharge Monitoring Reports;

(7) Repeatedly conducting a regulated activity without a required permit or other authorization;

(8) The extent of deviation from the permit, order, or other requirement;

(9) Noncompliance with court orders including without limitation consent orders;

(10) Alleged violations that were the subject of negotiated settlements notwithstanding any general release of liability and whether such violations have been found or proved in concurrent or subsequent proceeding or public hearings; and

(11) Violations and conduct by related persons, business entities and other regulated parties including without limitation conduct and violations by common employees, managers, officers, directors, shareholders, principals, partners, and owners.

(d) The Secretary may reject any permit application or revoke any permit upon a finding that:

(1) The applicant withheld or misrepresented any of the information required to be submitted pursuant to § 7902 of this title;

(2) The applicant has operated or has been associated with any company or person who has operated a facility in a manner which casts substantial doubt on the ability or willingness of the applicant to operate the facility for which a permit is being requested in a manner that will protect the health and welfare of the citizens of Delaware;

(3) The applicant has offered, conferred or proposed to confer any benefit to an employee of the State in the expectation that such offer will result in or contribute to a positive action on the permit application; or,

(4) The applicant has been determined by the Department to be a chronic violator.

(5) The applicant or permit holder is engaged in a pattern of ongoing violations of the permit, state laws or state regulations, which presents a serious, imminent threat to public health.

The Department shall promulgate regulations or institute procedures providing for expedited hearings with respect to permits revoked under this subsection, and providing for expedited appeals of such suspensions or revocations to the Environmental Appeals Board.
7 Del. C. § 7908 — Delaware Code / Title 7 / Chapter 79 / Subchapter II / Section 7908
§ Â
        7908. Nature of rights; subordination of interests.
Status: in_force

(a) The interest of a holder is an interest in real property. The rights of the Department under this subchapter or under an approved environmental covenant, other than as a holder, are not interests in real property.

(b) The Department is bound by the obligations it assumes in an environmental covenant, but the Department does not assume obligations merely by approving an environmental covenant.

(c) The following rules apply to interests in real property in existence at the time an environmental covenant is created or amended:

(1) A prior interest is not affected by an environmental covenant unless the owner of the interest is a party to the covenant or subordinates its interest to the covenant.

(2) This act does not require an owner of a prior interest to subordinate that interest to an environmental covenant or to agree to be bound by the covenant.

(3) A subordination agreement may be contained in an environmental covenant covering real property or in a separate record or, if the environmental covenant covers commonly owned property in a common interest community, in a record signed by any person authorized by the governing board of the owners’ association.

(4) An agreement by a person to subordinate a prior interest to an environmental covenant affects the priority of that person’s interest but does not by itself impose any affirmative obligation on the person with respect to the environmental covenant.
7 Del. C. § 7413 — Delaware Code / Title 7 / Chapter 74 / Subchapter I / Section 7413
§ Â
        7413. Variances.
Status: in_force

Variances and temporary emergency variances may be granted by the Secretary from any regulation adopted pursuant to this chapter in accordance with §§ 6011 and 6012 of this title except that no variance or temporary emergency variance shall be granted which would be inconsistent with the no less stringent requirements of § 9004 of the Resource Conservation and Recovery Act of 1976, Pub. L. 94-580 as amended by Pub. L. 98-616 [42 U.S.C. § 6991c] (or regulations promulgated thereunder).
7 Del. C. § 4303 — Delaware Code / Title 7 / Chapter 43 / Subchapter I / Section 4303
§ Â
        4303. Definitions.
Status: in_force

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

(1) “Benefits” include, but shall not be limited to, the privilege of participating in a cooperative system for the management of water and sediment from one’s lands by a tax lagoon formed under this chapter.

(2) “Dredging” means water and sediment management by lagoon areas to safely remove accumulated sediment.

(3) “Lagoon” means a manmade body of water constructed for the purpose of residential housing and mooring of recreational boats and directly connected to tidal waters.

(4) “Landowner” or “owner” means that person or group of persons in whom the entire title to a certain tract of land is vested.

(5) “Sediment management” means the removal, storage or application of sediment or earth by intentional means, including but not limited to the dredging thereof of subaqueous lands.

(6) “Taxable” means any person entitled to vote under this chapter.

(7) “Water management” means the improvement of water by intentional means for the purpose of navigation.
7 Del. C. § 4361 — Delaware Code / Title 7 / Chapter 43 / Subchapter V / Section 4361
§ Â
        4361. Duties of board of assessment; assessment book; assistance by Division of Watershed Stewardship.
Status: in_force

(a) For tax lagoons formed under this chapter, the board of assessment of the county shall transcribe the information shown on the assessment list delivered to it pursuant to § 4351(4) of this title into a special assessment book, and it shall keep the same as part of the permanent records of its office. It shall also change the name of the owner shown therein from time to time as such changes are warranted by transfers of the lands assessed to new owners.

(b) The Division of Watershed Stewardship shall assist the various boards of assessment of all 3 counties, upon request, to make such changes in their special lagoon assessment books as are warranted by transfers of properties listed therein.
7 Del. C. § 6074 — Delaware Code / Title 7 / Chapter 60 / Subchapter IV / Section 6074
§ Â
        6074. Penalties.
Status: in_force

(a) Whoever negligently violates § 6073 of this title shall be fined not less than $2,500 nor more than $25,000 per day of violation, or be imprisoned for not more than 1 year, or both. If a conviction of a person is for a violation committed after a prior conviction of such person under this section, punishment shall be by a fine of not less than $5,000 nor more than $50,000 per day of violation, or by imprisonment of not more than 2 years, or both.

(b) Whoever knowingly violates § 6073 of this title shall be fined not less than $5,000 nor more than $50,000 per day of violation, or be imprisoned for no more than 3 years, or both. If a conviction of a person is for a violation committed after a prior conviction of such person under this section, punishment shall be by a fine of not less than $10,000 nor more than $100,000 per day of violation, or by imprisonment of not more than 6 years, or both.

(c) The Superior Court shall have jurisdiction over violations of § 6073 of this title.

(d) There shall be no suspension of any fines required under the provisions of this section.
7 Del. C. § 1909 — Delaware Code / Title 7 / Chapter 19 / Section 1909
§ Â
        1909. Actions subsequent to granting of lease.
Status: in_force

(a) Except in the case of shellfish aquaculture leases on Delaware’s Inland Bays, upon approval of the application, the successful applicant will, within 30 days after location of the corners by the Department, mark all corners of the area leased with buoys or stakes approved by the Department. Such buoys or stakes shall, in addition to other requirements of the Department, extend vertically at least 6 feet above mean high water.

(b) Except in the case of shellfish aquaculture leases on Delaware’s Inland Bays, any buoys, or stakes removed, destroyed or broken in such a manner that said buoys or stakes are less than 6 feet above mean high water shall be replaced with a positive flotation buoy within 5 days and subsequently a buoy or stake extending 6 feet above mean high water within 30 days.
7 Del. C. § 109 — Delaware Code / Title 7 / Chapter 1 / Section 109
§ Â
        109. Deposit of receipts.
Status: in_force

All funds received by the Department, except those which may be exempt from Chapter 61 of Title 29, and except funds derived from the issuance of yearly licenses for hunting and trapping and fishing, shall be deposited by the Department to the credit of the State Treasurer in the General Fund of the State and shall be reported in accordance with Chapter 61 of Title 29. The funds derived from the issuance of licenses for hunting, trapping or fishing shall be deposited in accordance with §§ 107 and 108 of this title.
7 Del. C. § 4110 — Delaware Code / Title 7 / Chapter 41 / Subchapter II / Section 4110
§ Â
        4110. Employment of qualified personnel.
Status: in_force

The Department of Natural Resources and Environmental Control shall employ personnel, including a Registered Professional Engineer, authorized to practice engineering in this State under Chapter 28 of Title 24, who is qualified by experience in hydraulic engineering, drainage 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. § 4155 — Delaware Code / Title 7 / Chapter 41 / Subchapter IV / Section 4155
§ Â
        4155. Voting by proxy.
Status: in_force

Any person entitled to vote pursuant to § 4154 of this title may authorize another landowner within the tax ditch to cast his or her votes in that person’s stead by executing a proxy. The proxy shall be signed, dated and notarized.
7 Del. C. § 6124 — Delaware Code / Title 7 / Chapter 61 / Section 6124
§ Â
        6124. Protection against drainage.
Status: in_force

The lessee shall at all times proceed with due diligence to protect the leasehold from drainage by wells on land not owned by the State.
7 Del. C. § 903A — Delaware Code / Title 7 / Chapter 9 / Section 903A
§ Â
        903A. Striped bass quotas and tags.
Status: in_force

(a) If a commercial fisherman holds both a valid commercial hook and line and a commercial gill net permit, such fisherman may catch the combined gill net and hook and line quota for striped bass using gill net, hook and line, or both.

(b) If a commercial fisherman holds a valid commercial hook and line permit and not a gill net permit, such fisherman may accept the transfer of another commercial fisherman’s hook and line or gill net quota for striped bass. Such fisherman may only catch the combined quota using hook and line.

(c) If a commercial fisherman holds a valid gill net permit and not a hook and line permit, such fisherman may accept the transfer of another commercial fisherman’s hook and line or gill net quota for striped bass. Such fisherman may only catch the combined quota using gill net.

(d) A commercial fisherman with a hook and line and/or a gill net permit may use gill net tags during hook and line activities and hook and line tags during gill net activities.

(e) For purposes of this section, the use of transferred quotas or permits in accordance with Chapter 29 of this title is permitted.
7 Del. C. § 1808 — Delaware Code / Title 7 / Chapter 18 / Section 1808
§ Â
        1808. Penalty.
Status: in_force

Any person who violates any of the provisions of this chapter shall be guilty of a class C environmental violation. Justices of the Peace Courts shall have jurisdiction over offenses under this chapter.
7 Del. C. § 1309 — Delaware Code / Title 7 / Chapter 13 / Section 1309
§ Â
        1309. Jurisdiction of justices of peace; appeal; bond.
Status: in_force

(a) The justices of the peace in this State shall have jurisdiction of all offenses under this part, unless another court is given exclusive jurisdiction.

(b) Any person charged before a justice of the peace with a violation of this part shall have the right to appeal to the Court of Common Pleas for the county wherein the hearing before the justice of the peace takes place. The appeal shall be allowed by the justice at any time within 15 days from the day of giving the judgment and not after, counting the day as 1, upon the party entitled to the appeal, or the party’s agent or attorney, praying it and offering sufficient security in such sum as the justice deems sufficient to cover the judgment appealed from and the costs on the appeal. The justice shall make an entry thereof as follows:

“On the day of , 20, the said appeals, and becomes surety in the sum of that the said appeal shall be prosecuted with effect, and also that any judgment which shall be rendered against the said or that person’s executors or administrators, upon said appeal, shall be satisfied.”

The entry shall be signed by the sureties or it shall be void. When signed it shall be an obligation of record to the extent of the sum therein expressed, and shall bind the sureties and their executors and administrators, jointly and severally, to satisfy any judgment rendered on the appeal against the party appealing, or that person’s executors or administrators, and, if the appeal is not duly entered in Court, or is dismissed, then to satisfy the judgment appealed from with all costs on the appeal. A civil action may be sustained on such entry before a justice, if the demand does not exceed $200, or if above that sum in the Court of Common Pleas, or if the appeal is not entered, or is dismissed, execution may be issued against the defendant and surety.
7 Del. C. § 9123 — Delaware Code / Title 7 / Chapter 91 / Subchapter II / Section 9123
§ Â
        9123. Definitions.
Status: in_force

As used in this subchapter:

(1) “Brownfields developer” shall mean a person who, with respect to a facility:

a. Proposes to conduct investigations and/or development activity at a facility that is a certified brownfield, and seeks to enter into a Brownfields Development Agreement with the Secretary;

b. At the time of application for a Brownfields Development Agreement, is not liable for a release or imminent threat of release at the facility under § 9105(a)(1)-(6) of this title; and

c. Is not affiliated with any other person that is liable for a release or imminent threat of release at the facility, within the meaning of § 9105(c)(4)b.5. of this title.

(2) “Brownfields Development Agreement” means an agreement between the Secretary and a brownfield developer with respect to a certified brownfield that sets forth a scope and schedule of activities to assess and respond to the actual, threatened, or perceived release of hazardous substances at the facility.

(3) “Certified brownfield” means a brownfield, as defined in § 9103(3) of this title, that the Secretary has certified pursuant to the regulations governing hazardous substance cleanup.

(4) “Existing environmental condition” means all known or discovered releases of hazardous substances which are found to be, or to have been, existing at or in the vicinity of the facility prior to a person entering into a Brownfields Development Agreement with the Secretary.

(5) “Plan(s)” means any workplan or workplans as required by the Secretary for the performance of an investigation and/or remedy of a site.
7 Del. C. § 790 — Delaware Code / Title 7 / Chapter 7 / Subchapter VI / Section 790
§ Â
        790. Digging out or killing female fox or her young whelps; penalty.
Status: in_force

(a) No person shall dig out or in any manner take from any den a female fox, or her young whelps, or kill or in any manner cause the death of such female fox, or her young whelps, during the period of time in which she is suckling them.

(b) Whoever violates this section shall be guilty of a class C environmental violation for every female fox or whelp so dug or taken out of any den, or killed or caused to be killed.
7 Del. C. § 1908 — Delaware Code / Title 7 / Chapter 19 / Section 1908
§ Â
        1908. Term of leases.
Status: in_force

(a) Except in the case of Delaware’s Inland Bays, all shellfish leases shall begin on January 1 and end December 31 of the same year. In no case shall a shellfish lease be transferred or subleased, except to a person eligible according to this chapter.

(b) Upon Department approval, a lease will be drawn up and executed by the Secretary and the applicant. Said lease shall be recorded with the Department and shall grant the exclusive shellfishing rights of those shellfish grounds to the lessee.
7 Del. C. § 7801 — Delaware Code / Title 7 / Chapter 78 / Section 7801
§ Â
        7801. Short title.
Status: in_force

This chapter shall be known and may be cited as the “Pollution Prevention Act.”
7 Del. C. § 2407 — Delaware Code / Title 7 / Chapter 24 / Section 2407
§ Â
        2407. Unloading locations.
Status: in_force

It shall be unlawful for any person to unload hard clams taken from the waters or shellfish grounds within the jurisdiction of the State at any port or unloading facilities located outside the geographic boundaries of the State.
7 Del. C. § 555 — Delaware Code / Title 7 / Chapter 5 / Subchapter IV / Section 555
§ Â
        555. Permit to collect protected wildlife, finfish, shellfish or their nests or eggs for scientific, education or propagating purposes.
Status: in_force

(a) No person or persons shall take, capture, have in possession or transport protected wildlife, finfish, shellfish, or their nests or eggs for scientific, education or propagating purposes except as authorized by a permit from the Director of the Division of Fish and Wildlife in accordance with existing laws and regulations.

(b) Permits issued under this section may establish any conditions and/or restrictions deemed appropriate by the Division of Fish and Wildlife.

(c) No protected wildlife, finfish, shellfish or their eggs held in captivity under said permit shall be confined under inhumane or unsanitary conditions.

(d) Each permit issued under this section shall expire on the date set forth in the permit, or on the last day of the calendar year in which it is issued if no date is set forth in the permit. Permits are revocable at the discretion of the Director of the Division of Fish and Wildlife.

(e) Each person receiving a permit under this section must file with the Division of Fish and Wildlife a report within 30 days after the expiration date of said permit.

(f) Whoever violates this section or any rule and regulation adopted pursuant to this section shall be guilty of a class C environmental violation for each offense.
7 Del. C. § 4116 — Delaware Code / Title 7 / Chapter 41 / Subchapter III / Section 4116
§ Â
        4116. Nature of a tax ditch.
Status: in_force

A tax ditch organized under this chapter shall constitute a governmental subdivision of this State and a public body, corporate and politic, exercising public powers.
7 Del. C. § 6002 — Delaware Code / Title 7 / Chapter 60 / Subchapter II / Section 6002
§ Â
        6002. Definitions.
Status: in_force

As used in this chapter:

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

(2) “Agricultural operations” means as defined in § 8141(a) of Title 10.

(3) “Air contaminant” means particulate matter, dust, fumes, gas, mist, smoke or vapor or any combination thereof, exclusive of uncombined water.

(4) “Air pollution” means the presence in the outdoor atmosphere of 1 or more air contaminants in sufficient quantities and of such characteristics and duration as to be injurious to human, plant or animal life or to property, or which unreasonably interferes with the enjoyment of life and property within the jurisdiction of this State, excluding all aspects of employer-employee relationships as to health and safety hazards.

(5) “At cost” means the expense to the government to conduct tests and analyses. No added service fee, or other fees and charges, may be included in this cost.

(6) “Board” means the Environmental Appeals Board.

(7) “Boat docking facility” shall mean a place where vessels may be secured to a fixed or floating structure or to the shoreline or shoreline structure.

(8) “Borrow pit” means any excavation into the subsurface for the purpose of extraction of earth products with the exception of excavation for utility or road construction, agricultural or highway drainage, or dredging operations under the jurisdiction of the U.S. Army Corps of Engineers.

(9) “Categorical pretreatment standard” means a pretreatment standard which applies to industrial users in a specific industrial subcategory.

(10) “Commercial landfill” means a waste disposal facility available for use by the general public and which accepts waste for disposal for profit.

(11) “Debris disposal area” means an excavation, pit or depression into which land clearing debris, along with small amounts of construction or demolition waste incidental to construction, has been placed and which is not a permitted or approved waste management facility.

(12) “Dedicated pumpout facility” means a semi-permanent connection made to a vessel for the purpose of removing sewage from the vessel on a continuous basis or automatic intermittent basis to an approved disposal facility.

(13) “Delineation” shall mean the process of defining and/or mapping a boundary that approximates the areas that contribute water to a particular water source used as a public water supply.

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

(15) “Direct vessel sewage pumpout connection” shall mean a semipermanent connection made to a vessel for the purpose of removing vessel sewage from the vessel holding tank or head on a continuous or automatic intermittent basis to an approved sewage disposal facility.

(16) “Discharge or indirect discharge” means the discharge or the introduction of pollutants from any nondomestic source into a POTW.

(17) “Domestic wastewater” means the liquid and water-borne human and/or household type waste derived from residential, industrial, institutional or commercial sources.

(18) “Dump station” means a type of pumpout facility that receives vessel sewage from portable marine sanitation devices and delivers that sewage to an approved sewage disposal facility.

(19) “Earth products” means any solid material, aggregate or substance of commercial value, whether consolidated or loose, found in natural deposits on or in the earth, including, but not limited to clay, silt, diatomaceous earth, sand, gravel, stone, metallic ores, shale and soil.

(20) “Environmental release” means any spillage, leakage, emission, discharge or delivery into the air or waters or on or into the lands of this State of any sewage of 10,000 gallons or more oil, industrial waste, liquid waste, hydrocarbon chemical, hazardous substance, hazardous waste, restricted chemical material, vessel discharge, air contaminant, pollutant, regulated biological substance or other wastes reportable pursuant to the Comprehensive Environmental Response, Compensation and Liability Act of 1980 [42 U.S.C. § 9601 et seq.], as amended, or regulations enacted pursuant to § 6028 of this title.

(21) “Excellent ground-water recharge potential area” shall mean any area where soils and sedimentary deposits of the most coarse grained nature have the best ability to transmit water vertically through the unsaturated zone to the water table as mapped by the methods described in the Delaware Geological Survey Open File Report No. 34, “Methodology For Mapping Ground-Water Recharge Areas in Delaware’s Coastal Plain” (August 1991), and as depicted on a series of maps prepared by the Delaware Geological Survey. An excellent ground-water recharge potential area shall constitute a critical area as defined under Chapter 92 of Title 29.

(22) “Forest products” means any material derived from a silvicultural activity for direct consumption or commercial use, including lumber, sawdust, bark, pine needles, woodchips, wood shavings, slabs, edgings, or trim blocks.

(23) “Garbage” shall mean any putrescible solid and semisolid animal and/or vegetable wastes resulting from the production, handling, preparation, cooking, serving or consumption of food or food materials.

(24) “Graywater” means galley, bath and shower water.

(25) “Ground water” means any water naturally found under the surface of the earth.

(26) “Hydrocarbon chemical” means any compound composed of carbon and hydrogen.

(27) “Incinerator,” “incinerator structure or facility,” and “waste incinerator” include any structure or facility operated for the combustion (oxidation) of solid waste, even if the by-products of the operation include useful products such as steam and electricity. “Incinerator” does not include any of the following:

a. Crematoriums.

b. The disposal of the bodies of animals through incineration.

c. The burning of poultry waste or poultry manure at the same site where the waste or manure was generated, including the burning of poultry waste or poultry manure generated upon an adjacent farm.

d. The disposal of all materials used in the discovery, development, and manufacture of veterinary products, medicines and vaccines.

e. The disposition of mortalities from poultry operations in facilities approved by the Delaware Department of Natural Resources and Environmental Control which comply with United States Department of Agricultural Natural Resources Conservation Service Interim Conservation Practice Standard Incinerator 769 or any successor standard.

f. The disposal of unadulterated sawdust, wood shavings, bark, woodchips, slabs, edgings, or trim blocks produced because of a production process for lumber, by burning in an enclosed incinerator as part of a sawmill. Any products incinerated as part of a sawmill must be the residual materials of lumber sawn in that sawmill. This exemption does not apply in “the coastal zone,” as defined in § 7002 of this title.

(28) “Industrial landfill” means a landsite at which industrial waste is deposited on or into the land as fill for the purpose of permanent disposal. “Industrial landfill” does not mean a facility approved for any of the following:

a. The disposal of hazardous waste under § 6307 of this title.

b. A sanitary landfill under § 6010 of this title.

(29) “Industrial user” means a source of indirect discharge. The term “industrial user” shall include, but not be limited to, the original source of the indirect discharge as well as the owners or operators of any intervening connections, other than those owned or operated by the receiving POTW, which convey the indirect discharge to the POTW.

(30) “Industrial waste” means any water-borne liquid, gaseous, solid or other waste substance or a combination thereof resulting from any process of industry, manufacturing, trade or business, or from the development of any agricultural or natural resource.

(31) “Liquid waste” means any industrial waste or sewage or other wastes or any combination thereof which may potentially alter the chemical, physical or biological integrity of water from its natural state.

(32) “Liquid waste hauler” means any person who engages in the removal of liquid wastes from septic tanks, cesspools, seepage pits, holding tanks or other such devices and conveys such liquid waste to a location removed from the point of acceptance.

(33) “Liquid waste treatment plant operator” means any person who has direct responsibility for the operation of a liquid waste treatment plant.

(34) “Live-aboard vessel” shall mean:

a. A vessel used principally as a residence;

b. A vessel used as a place of business, professional or other commercial enterprise and, if used as a means of transportation, said transportation use is a secondary or subsidiary use; this definition shall not include commercial fishing boats which do not fall under paragraph (34)a. of this section; or

c. Any other floating structure used for the purposes stated under paragraph (34)a. or b. of this section.

(35) “Marinas” are those facilities adjacent to the water which provide for mooring, berthing, or storage of boats, and which include any or all of the related ancillary structures and functions of marinas, such as docks, piers, boat storage areas, boat ramps, anchorages, breakwaters, channels, moorings, basins, boat repair services, boat sales, sales of supplies which are normally associated with boating such as fuel, bait and tackle, boat rentals and parking areas for users of the marina.

(36) “Marine Sanitation Device (MSD)” includes any equipment on board a vessel which is designed to receive, retain, treat or discharge sewage, and any process to treat such sewage. Marine sanitation devices are classified as:

a. “Type I marine sanitation device” means a device that produces an effluent having a fecal coliform bacteria count not greater than 1,000 per 100 milliliters and no visible floating solids.

b. “Type II marine sanitation device” means a device that produces an effluent having a fecal coliform bacteria count of not greater than 200 per 100 milliliters and suspended solids not greater than 150 milligrams per liter.

c. “Type III marine sanitation device” means a device that is certified to a no-discharge standard. Type III devices include recirculating and incinerating MSDs and holding tanks.

(37) “Oil” means oil of any kind and in any form, including but not limited to, petroleum products, sludge, oil refuse, oil mixed with other wastes and all other liquid hydrocarbons regardless of specific gravity.

(38) “Open dump” means any facility or site where solid waste is disposed which is not a sanitary landfill and which is not a facility for disposal for hazardous waste.

(39) “Other wastes” means garbage, refuse, decayed wood, sawdust, shavings, bark, sand, lime cinders, ashes, offal, oil, tar, dye-stuffs, acids, chemicals and all discarded substances other than sewage or industrial wastes.

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

(41) “Pollutant” means dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, hydrocarbons, oil, and product chemicals, and industrial, municipal and agricultural waste discharged into water.

(42) “POTW pretreatment program” means a program administered by a POTW for the purpose of enforcing pretreatment standards in accordance with the Federal Water Pollution Control Act, as amended, 33 U.S.C. § 1251 et seq. and regulations promulgated thereunder.

(43) “Pretreatment standard” means any pollutant discharge limit promulgated by the Administrator of the United States Environmental Protection Agency in accordance with § 307(b) and (c) of the Federal Water Pollution Control Act, as amended, 33 U.S.C. § 1317(b) and (c), or by the Secretary, which applies to industrial users.

(44) “Public drinking water system” shall mean a community, noncommunity or non-transient non-community water system which provides piped water to the public for human consumption. The system must have at least 15 service connections or regularly serve at least 25 individuals daily for at least 60 days.

(45) “Publicly owned treatment works” or “POTW” means either:

a. A treatment works which is owned by a city, town, county, district or other public body created by or pursuant to the laws of the State; or

b. Any such public body which has jurisdiction over the discharges to such treatment works.

(46) “Pumpout facility” means a mechanical device which is temporarily connected to a vessel for the purpose of removing sewage from a vessel to an approved sewage disposal facility.

(47) “Refuse” means any putrescible or nonputrescible solid waste, except human excreta, but including garbage, rubbish, ashes, street cleanings, dead animals, offal and solid agricultural, commercial, industrial, hazardous and institutional wastes and construction wastes resulting from the operation of a contractor.

(48) “Restricted chemical material” means:

a. Any halogenated hydrocarbon chemical (aliphatic or aromatic) including but not limited to trichloroethane, tetrachloroethylene, methylene chloride, halogenated benzenes and carbon tetrachloride; or

b. Any aromatic hydrocarbon chemical including, but not limited to, benzene, toluene and naphthalene; or

c. Any halogenated phenol derivative in which a hydroxide group and 2 or more halogen atoms are substituted onto aromatic carbons of a benzene ring including, but not limited to, trichlorophenol and pentachlorophenol; or

d. Similar materials including but not limited to acrolein, acrylonitrile or benzidene.

(49) “Rubbish” means any nonputrescible solid waste, excluding ashes, such as cardboard, paper, plastic, metal or glass food containers, rags, waste metal, yard clippings, small pieces of wood, excelsior, rubber, leather, crockery and other waste materials.

(50) “Sanitary landfill” means a facility for the disposal of solid waste which meets the criteria promulgated under § 6010(g)(1) of this title.

(51) “Sawmill” means a facility in which unadulterated logs are sawn into lumber and other products of a uniform and known composition.

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

(53) “Sewage” means water-carried human or animal wastes from septic tanks, water closets, residences, buildings, industrial establishments, or other places, together with such ground water infiltration, subsurface water, admixtures of industrial wastes or other wastes as may be present.

(54) “Sewage system” means any part of a wastewater disposal system including, but not limited to, all toilets, urinals, piping, drains, sewers, septic tanks, distribution boxes, absorption fields, seepage pits, cesspools and dry wells.

(55) “Sewage system cleanser” means: (i) Any solid or liquid material intended or used primarily for the purpose of cleaning, treating or unclogging any part of a sewage system, or (ii) any solid or liquid material intended or used primarily for the purpose of continuously or automatically deodorizing or disinfecting any part of a sewage system including, but not limited to, solid cakes or devices placed in plumbing fixtures. Excluded from this definition are products intended or used primarily in the manual surface cleaning, scouring, treating, deodorizing or disinfecting, of common plumbing fixtures.

(56) “Silviculture” means the care and cultivation of forest trees.

(57) “Silvicultural activity” means any forest management activity, including the harvesting of timber, the construction of roads and trails for forest management purposes, the preparation of property for reforestation, or the piling and burning of tree parts.

(58) “Slip” means a place where a boat may be secured to a fixed or floating structure, including, but not limited to a dock, pier, mooring or anchorage. Slips may be wet (in the water) or dry (in a rack or other device on land).

(59) “Solid waste” means any garbage, refuse, refuse-derived fuel, demolition and construction waste wood, sludge from a waste treatment plant, water supply treatment plant or air pollution control facility and other discarded material, including solid, liquid, semisolid or contained gaseous material resulting from industrial, commercial, mining and agricultural operations, and from community activities, but does not include solid or dissolved material in domestic sewage, or solid or dissolved material in irrigation return flows or industrial discharges which are point sources subject to permits under this chapter, as amended, or source, special nuclear or by-product material as defined by the Atomic Energy Act of 1954 [42 U.S.C. § 2011 et seq.], as amended. By-products of a uniform and known composition produced as a result of a production process are not solid wastes when incinerated onsite. All incinerators under state permit as of March 1, 2000, and renewal permit applications for these incinerators shall not come under the provisions of this section and § 6003 of this title.

(60) “Source water” shall mean any aquifer or surface water body from which water is taken either periodically or continuously by a public drinking water system for drinking or food-processing purposes.

(61) “Source water assessment” shall mean the identification and evaluation of the sources of water within the State that are used by public drinking water systems in an effort to determine the susceptibility of those sources to contamination.

(62) “Source water assessment area” shall mean the delineated area which contributes water to a public water supply system. This is called a wellhead protection area for a well and a watershed or basin for a surface water intake. A source water assessment area shall constitute a critical area as defined under Chapter 92 of Title 29.

(63) “Source water assessment plan” shall mean the October 1999 U.S. EPA-approved plan for evaluating the sources of public drinking water in Delaware for their vulnerability and susceptibility to contamination.

(64) “Source Water Protection Citizens Technical Advisory Committee” shall mean a group to advise the Secretary of the Department of Natural Resources and Environmental Control, including, but not limited to, representatives of the following organizations or municipalities: DNREC, Department of Health and Social Services, Department of Agriculture, the Delaware Nature Society, the Delaware Public Health Association, the American Association of Retired Persons, the United States Geological Survey, the Christina River Conservancy, the Water Resources Agency of the University of Delaware, the Council of Farm Organizations, the Delaware Rural Water Association, the League of Women Voters, the Friends of Herring Creek, the Civic League of New Castle County, the Delaware Geological Survey, the Committee of 100, the City of Dover, the City of Lewes, the New Castle County Department of Land Use, Kent County Levy Court, Sussex County Council, the League of Local Governments, the Sussex County Association of Towns, the Homebuilders Association of Delaware, the Commercial Industrial Realty Council, and the Delaware Association of Professional Engineers; and public water suppliers.

(65) “Surface water” means water occurring generally on the surface of the earth.

(66) “Treatment works” means any device and system used in the storage, treatment, recycling and reclamation of municipal sewage, or industrial wastes of a liquid nature, or necessary to recycle or reuse water at the most economical cost over the estimated life of the works, including intercepting sewers, outfall sewers, sewage collection systems, pumping, power and other equipment, and their appurtenances, extensions, improvements, remodeling, additions and alterations thereof; elements essential to provide a reliable recycled supply such as standby treatment units and clear well facilities and improvements to exclude or minimize inflow and infiltration.

(67) “Variance” means a permitted deviation from an established rule or regulation, or plan, or standard or procedure.

(68) “Vessel” shall mean and include every description of watercraft, boat, houseboat or other form of artificial contrivance used, or capable of being used, whether or not capable of self-propulsion, for navigation on the waters of the State.

(69) “Vessel discharge” includes, but is not limited to, any spilling, leaking, pumping, pouring, emitting, emptying or dumping.

(70) “Vessel sewage” shall mean human body wastes and wastes from toilets and other receptacles intended to receive or retain human body wastes.

(71) “Vessel sewage pumpout station” shall mean a mechanical device which is temporarily connected to a vessel for the purpose of removing vessel sewage from its holding tank or head to an approved sewage disposal facility.

(72) “Water facility” means any well, dam, reservoir, surface water intake or waterway obstruction.

(73) “Water pollution” means the human-made or human-induced alteration of the chemical, physical, biological or radiological integrity of water.

(74) “Water supply system” means all plants, systems, facilities or properties used or useful, or having the present capacity for future use, in connection with the supply or distribution of water, and any integral part thereof, including water distribution systems, mains, laterals, pumping stations, stand pipes, filtration plants, purification plants, hydrants, meters, valves and equipment, appurtenances and all properties, rights, easements and franchises relating thereto and deemed necessary or convenient by the authority for the operation thereof. Except as otherwise provided in this chapter, the term “water supply system” shall not mean a dam, reservoir, surface water intake, water obstruction or well.

(75) “Water utility” shall mean any person or entity operating within this State any water service, system, plant or equipment for public use.

(76) “Water well contractor” means any person engaged in the business of contracting for the construction of water wells and/or installation of pumping equipment in or for wells.

(77) “Well” means any excavation that is drilled, cored, bored, washed, driven, dug, jetted or otherwise constructed when the intended use of such excavation is for the location, testing, acquisition or artificial recharge of underground water, and where the depth is greater than the diameter or width.

(78) “Wellhead protection area” shall mean the surface and subsurface area surrounding a water well or wellfield supplying a public water system through which contaminants are likely to reach such a well or wellfield. A Wellhead Protection Area shall constitute a critical area as defined under Chapter 92 of Title 29.

(79) “Wellhead protection plan” shall mean the March 1990 U.S. EPA-approved plan for protecting the quality of drinking water derived from public water supply wells in Delaware.
7 Del. C. § 941 — Delaware Code / Title 7 / Chapter 9 / Section 941
§ Â
        941. Headboat/charter boat fishing permits; reporting requirements.
Status: in_force

(a) If a fishery management plan approved by the Secretary of the U.S. Department of Commerce or Atlantic States Marine Fisheries Commission requires the landings of a finfish species by headboats and charter boats to be monitored, said finfish species, if caught on a headboat or charter boat, shall not be landed in this State unless the owner or operator of said boat has been issued a headboat/charter boat fishing permit. The Department shall not charge a fee for the headboat/charter boat fishing permit.

(b) All headboat/charter boat fishing permit holders shall maintain a logbook, supplied by the Department, for those finfish species that have management plans which require landings to be monitored. Headboat/charter boat fishing permit holders shall forward copies of their logbook entries to the Department as prescribed by the Department. The logbooks shall contain, but not be limited to:

(1) The headboat/charter boat fishing permit number; and

(2) The number and/or weight, by species, of finfish landed on each date.

(c) The Department may adopt, amend, modify or repeal rules and regulations to effectuate the policy and purpose of this section.
7 Del. C. § 918 — Delaware Code / Title 7 / Chapter 9 / Section 918
§ Â
        918. Interfering with fishing equipment.
Status: in_force

No person shall, except in an emergency, interfere with, break, damage or destroy any fishing equipment that is being used in the tidal waters of this State for the taking of any finfish in a manner provided for by this chapter or any regulation promulgated or permit issued by the Department pursuant to this chapter.
7 Del. C. § 4701 — Delaware Code / Title 7 / Chapter 47 / Subchapter I / Section 4701
§ Â
        4701. Powers and duties  [For applicability of this section, see 83 Del. Laws, c. 182, Â 2].
Status: in_force

(a) The Department of Natural Resources and Environmental Control may do all of the following:

(1) Select and acquire by gift, devise, bequest, purchase, and through the exercise of the power of eminent domain, such lands as are desirable to be utilized chiefly for recreation, and to develop and maintain such areas.

(2) Expend for such acquisition, development, and maintenance, such funds as are appropriated for such purposes, or received as earnings from the operation of such areas, or received from any other source.

(3) Employ such administrative and technical assistance as is, in the opinion of the Department, necessary in order to plan, develop, and maintain the areas which it administers.

(4) Make and enforce regulations relating to the protection, care, and use of the areas it administers.

(5) a. Establish and collect such user charges, which shall approximate and reasonably reflect all costs necessary to defray the expenses of the Department for the use of the facilities and services it provides in areas it administers. The Department shall, in addition, establish and impose a schedule of fees for entrance to state parks and for surf fishing vehicles and snowmobiles on said lands, with the concurrence and approval of the General Assembly. The Secretary of the Department of Natural Resources and Environmental Control shall establish the period and areas on which park fees and user charges shall be imposed. The Secretary shall annually prepare a schedule of park entrance and surf fishing vehicle and snowmobile fees under this section and submit the same as part of the Department’s annual operating budget proposal. All of the fees collected under this section shall be deposited in the General Fund of this State and designated solely for park operations and maintenance; provided, however, that no fee shall be imposed on any recognized veteran’s service organization for the use of any state park or portion thereof for purposes of patriotic or memorial services, provided that advance written notification of not less than 15 days is given to the agency and does not conflict with other previously scheduled activities within the park.

b. 1. Delaware residents who are 62 years of age or older and who own a motor vehicle validly registered in Delaware may pay an annual fee of not less than 1/2 of the annual fee established for Delaware residents under paragraph (a)(5)a. of this section for each such registered motor vehicle which shall permit such vehicle entrance to any state park or recreation area during the calendar year for which the fee was paid. Persons who are 62 years of age or older and who own a motor vehicle validly registered in another state may pay an annual fee of not less than 1/2 of the annual fee established for out-of-state registered vehicles under paragraph (a)(5)a. of this section for each such registered motor vehicle which shall permit the vehicle entrance to any state park or recreation area during the calendar year for which the fee was paid. Each applicant under this paragraph shall furnish proof of age, vehicle ownership, and vehicle registration at the time such application is made. Annual permits issued under this paragraph will be valid for any day excluding holidays. No annual permit issued under this paragraph will be honored on any day unless the owner of the vehicle for which such permit is issued is the operator of the vehicle at the time of entrance to the state park or recreation area to which admission is sought. All the fees collected under the authority of this section shall be deposited in the General Fund, and designated solely for park operations and maintenance.

2. A Delaware resident who is 65 years of age or older may pay a 1-time fee of $45, which will permit the resident to enter any state park or recreation area for the lifetime of the resident, so long as the resident is the operator of or a passenger in a Delaware-registered vehicle at the time of entrance to the state park or recreation area to which admission is sought. An applicant for a lifetime permit must furnish proof of age and Delaware residency at the time application for the permit is made. All fees collected under the authority of this paragraph must be deposited in the General Fund and designated solely for park operations and maintenance.

c. Delaware residents who are disabled, and who hold a valid and current Gold Access Passport Card, as issued by the National Park Service of the United States Department of the Interior, shall be exempted from the annual or daily entrance fees required by this section.

d. Any resident who has served honorably for 90 or more consecutive days on active duty in the armed forces of the United States, including service as member of the Delaware National Guard, in military actions in Southwest Asia associated with Operation Iraqi Freedom or Operation Enduring Freedom may, for the first 12 months following the date the resident was honorably discharged or removed from active status, receive a pass granting the resident free admission to any state park in this State without charge.

e. Any resident, who does not qualify for free admission under paragraph (a)(5)d. of this section, who has honorably served or is honorably serving in the armed forces of the United States, including service as a member of the Delaware National Guard, and who owns a motor vehicle validly registered in Delaware may pay an annual fee of 1/2 of the annual fee established for Delaware residents under paragraph (a)(5)a. of this section for each such registered motor vehicle which shall permit such vehicle entrance to any state park or recreation area during the calendar year for which the fee was paid. Each applicant under this paragraph shall furnish proof of service in the armed forces of the United States, vehicle ownership, and vehicle registration at the time such application is made. All the fees collected under the authority of this paragraph shall be designated solely for park operations and maintenance.

f. A resident who is an active Delaware volunteer firefighter, an active Delaware volunteer emergency medical technician (EMT), or a life-member of a Delaware volunteer fire department is entitled to receive annually, without charge, either a surf fishing vehicle permit or an annual permit to enter state parks and recreation areas. A firefighter, EMT, or life-member who volunteers in Delaware but lives out of state is entitled to receive annually, at the Delaware resident rate, either a surf fishing vehicle permit or an annual permit to enter state parks and recreation areas.

1. “Active Delaware volunteer firefighter” means a person who is a member of a Delaware volunteer fire department and who responds to at least 20% of the department’s annual alarms or crew calls as a nonpaid firefighter.

2. “Active volunteer emergency medical technician” or “EMT” means a person who is a member of a Delaware volunteer fire department or a Delaware volunteer ambulance company and who responds to at least 20% of the department’s or company’s annual emergency medical service calls as a nonpaid EMT, EMT-C, or EMT-P, as described in § 9701(11), (12), and (13) respectively of Title 16.

3. “Life-member of a Delaware volunteer fire department” means a person who is a member of a Delaware volunteer fire department and who has been awarded life membership status by that department.

4. To qualify without charge for a surf fishing vehicle permit or annual permit to enter state parks and recreation areas under this paragraph, the firefighter, EMT, or life-member must submit annually to the Department an original letter on official fire department or ambulance company letterhead, signed by the fire department’s or ambulance company’s president and authenticated by the president of the Delaware Volunteer Firefighter’s Association. The letter must explain how the person qualifies for a surf fishing vehicle permit or annual permit to enter state parks and recreation areas under this paragraph.

5. One surf fishing vehicle permit or annual permit to enter state parks and recreation areas may be issued annually to a vehicle registered to the qualifying active Delaware Volunteer Firefighter, active emergency medical technician (EMT), or life member in accordance with procedures established by the Department.

g. 1. The Department is authorized to administer a program for the issuance of numbered surf fishing and state park specialty vehicle plates. A state park specialty vehicle plate shall serve as an annual permit. The Department will establish fees, rules, and regulations for the purchase, replacement, transfer, renewal, nonrenewal, and forfeiture of such plates managed through this voluntary program. The Department may charge a fee for surf fishing and state park specialty vehicle plates not to exceed $500 per plate or may auction surf fishing and state park specialty plates under paragraph (a)(5)g.2. of this section in which case the amount charged shall be based upon interest and demand for such plates as determined by auction.

2. The Secretary is hereby authorized to establish, implement, and manage an auction program to sell surf fishing and state park specialty vehicle plates as provided for in paragraph (a)(5)g.1. of this section. Any auction of such vehicle plates shall be conducted in accordance with accepted auction practices and shall require valid vehicle registration as proof of eligibility, limit individuals to acquiring 1 vehicle plate per licensed vehicle, and ensure that the highest bid from an eligible individual is the successful bid. Vehicle plates numbered 1 through 200 shall be limited to vehicles registered in Delaware.

(6) Make on its own motion or in cooperation with other agencies of the State, studies of the recreational facilities now available in the State, and of the recreational needs of the State, and determine what areas not now available for public recreation should be acquired.

(7) Enter into agreements with proper persons or corporations for periods not to exceed 25 years for operation of services on the areas it administers.

(8) Employ and fix the salaries of such personnel as it deems proper for the enforcement of its rules and regulations. Enforcement personnel may arrest with a warrant for any violation of the Department of Natural Resources and Environmental Control rules and regulations, or without a warrant for any such violation committed in their presence. Enforcement personnel, with respect to the enforcement of the Department of Natural Resources and Environmental Control rules and regulations, shall have all the powers of investigation, detention, and arrest conferred by law on peace officers or constables.

(9) Grant, with the written approval of the Cabinet Committee on State Planning Issues, easements, for either private or public purpose over or under any public lands which it administers, for the purpose of transmission lines, such as: Telephone and telegraph lines, electric power lines, gas pipelines, and water and sewage pipelines and appurtenances. The term of any such easement together with the amount of any fee charged therefor shall be determined by the Department of Natural Resources and Environmental Control acting with approval of the Cabinet Committee on State Planning Issues, and any funds received for the grant of such easements shall be deposited by the Department of Natural Resources and Environmental Control with the State Treasurer.

(10) Select and obtain, by lease or agreement with the owners thereof and upon such terms and conditions as the Department of Natural Resources and Environmental Control, with the approval of the Cabinet Committee on State Planning Issues, shall determine, such lands as the Department of Natural Resources and Environmental Control deems appropriate and desirable for park and recreation use and purposes, and to improve, develop, operate, and maintain such lands for such purposes. The Department of Natural Resources and Environmental Control may only exercise the powers granted in this paragraph by lease or agreement entered into with the federal government or with a municipality, agency, or political subdivision of this State.

(11) Enter into an agreement with the Barcroft Company of Lewes, Delaware, for a period not to exceed 25 years, for the use of land presently leased to Barcroft, as well as an adjoining triangular-shaped property containing approximately .76 of an acre; provided, however, that the funds received from such agreement shall be appropriated to the Department of Natural Resources and Environmental Control to be used to rebuild and maintain, for the use of the public, a fishing pier located in the breakwater at Cape Henlopen State Park.

(12) Employ and fix the salaries of such personnel to be known as “seasonal patrol officers” who shall assist the Department of Natural Resources and Environmental Control’s park rangers and other peace officers employed under § 8003(13) of Title 29 to enforce the Division of Parks and Recreation’s rules and regulations. The Director of the Division of Parks and Recreation, or the Director’s designee, shall establish qualifications and provide training as deemed necessary and desirable for seasonal patrol officers.

a. Except as otherwise provided in paragraph (a)(12)c. of this section, seasonal patrol officers have the power to do all of the following:

1. Issue civil summonses for civil violations.

2. Issue summonses for class D environmental violations, except for violations concerning persons actively engaged in surf fishing.

3. Issue written and verbal warnings.

4. Report any observed or suspected illegal activity to a park ranger or other peace officer.

b. Summonses and warnings issued by a seasonal patrol officer under paragraph (a)(12)a. of this section have the same force and effect as summonses and warnings issued by a park ranger or other peace officer under § 8003A of Title 29.

c. The Director of the Division of Parks and Recreation or authorized designee shall establish a policy pertaining to seasonal patrol officers that specifies the class D environmental violations and the civil violations for which seasonal patrol officers may issue summonses pursuant to paragraphs (a)(12)a.1. and (a)(12)a.2.

(b) The Department of Natural Resources and Environmental Control may establish state parks on any or all portions of state lands in Sussex County bordering on the Atlantic Ocean which have been or may hereafter be acquired and may administer them directly.

(c) The Department of Natural Resources and Environmental Control shall plan, develop and maintain all areas entrusted to its administration as to preserve in every reasonable degree the scenic, historic, scientific, prehistoric and wildlife values of such areas.

(d) All state parks and other areas acquired primarily for recreational use shall, from the date of their establishment as such, come under the jurisdiction of the Department of Natural Resources and Environmental Control and shall be closed to hunting, except in areas designated by the Department of Natural Resources and Environmental Control for such purpose.

(e) The Department of Natural Resources and Environmental Control shall establish an advance reservation system to allow disabled persons to reserve accessible campsites for the disabled at state parks.
7 Del. C. § 6314 — Delaware Code / Title 7 / Chapter 63 / Subchapter II / Section 6314
§ Â
        6314. Variances.
Status: in_force

Variances and temporary emergency variances may be granted by the Secretary from any regulation, transfer facility approval or permit condition adopted pursuant to this chapter in accordance with §§ 6011 and 6012 of this title, except that no temporary emergency variance or variance shall be granted which would be inconsistent with the requirements of § 3006(b) or (c) of the Resource Conservation and Recovery Act of 1976, Pub. L. 94-580 [42 U.S.C. § 6926(b) or (c)] (or regulations promulgated thereunder) requiring equivalence or substantial equivalence of state programs for authorization or interim authorization whichever the case may be.
7 Del. C. § 7109 — Delaware Code / Title 7 / Chapter 71 / Subchapter I / Section 7109
§ Â
        7109. Variance.
Status: in_force

(a) Any person who owns or operates any stationary noise source may apply to the Secretary of the Department of Natural Resources and Environmental Control for a variance or a partial variance from 1 or more of the rules or regulations promulgated pursuant to this chapter. Applicants for a variance shall supply information including, but not limited to:

(1) Information on the nature and location of the facility or process for which such application is made.

(2) The reason for which the variance is required, including the economic and technical justifications.

(3) The nature and intensity of noise that will occur during the period of the variance.

(4) A description of interim noise control measures to be taken by the applicant to minimize noise and the impacts occurring therefrom.

(5) A specific schedule of the best practical noise control measures, if any, which might be taken to bring the source into compliance with those regulations from which a variance is sought, and a statement of the length of time during which it is estimated that it will be necessary for the variance to continue.

(6) Any other relevant information the Department may require in order to make a determination regarding the application.

(b) Failure to supply the information required shall be cause for rejection of the application unless the applicant supplies the needed information within 30 days of the written request by the Department for such information.

(c) No variance shall be approved unless the Secretary finds that:

(1) Noise levels occurring during the period of the variance will not constitute a danger to the public health; and

(2) Compliance with this chapter and any duly promulgated rules or regulations would impose an arbitrary or unreasonable hardship upon the applicant without a commensurate benefit to the public.

(d) In determining whether to grant a variance, the Secretary shall consider:

(1) The character and degree of injury to, or interference with, the health and welfare of people or the reasonable use of property which is caused or threatened to be caused by the noise during the variance period.

(2) The social and economic value of the activity for which the variance is sought.

(3) The ability of the applicant to apply best practical noise control measures, as defined in duly promulgated regulations.

(e) Following receipt and review of an application for a variance, and after publishing notice once a week for 2 weeks in a newspaper of general circulation in the county wherein the variance is proposed, the Department shall, if necessary, fix a date, time and location for a hearing on such application in accordance with § 6004 of this title. Costs of newspaper advertising are to be paid by the applicant.

(f) Within 10 days of the receipt of the record of a hearing on a variance application, or within 10 days of receipt of an application on which no hearing is held, the Department shall issue its determination regarding such application and provide a copy to affected parties. All such decisions shall briefly set forth the reasons for the decision.

(g) The Department may, in its discretion, limit the duration of any variance granted. Any person holding a variance and needing an extension of time may apply for a new variance under this chapter and any duly promulgated rules and regulations for a period not to exceed 1 year. Any such application shall include a certification of compliance with any condition imposed under the previous variance.

(h) The Department may attach to any variance any reasonable conditions it deems necessary and desirable, including, but not limited to:

(1) Requirements for the best practical noise control measures to be taken by the owner or operator of the source to minimize noise during the period of the variance.

(2) Requirements for periodic reports submitted by the applicant relating to noise, to compliance with any other conditions under which the variance was granted or to any other information the Department deems necessary.

(i) A variance may include a compliance schedule and requirements for periodic reporting of increments of achievement of compliance.
7 Del. C. § 507 — Delaware Code / Title 7 / Chapter 5 / Subchapter I / Section 507
§ Â
        507. Exceptions to requirement of license for nonresidents.
Status: in_force

(a) (1) Nonresidents or aliens who are occupants of farms in this State containing 20 acres or more who are engaged in the science of husbandry, who actually reside thereon, and the immediate members of the family of such occupants who also reside on said farm, may hunt, fish or trap on said farms without being licensed hereunder.

(2) A nonresident, who owns but is not an occupant of a farm in this State containing 20 acres or more and where the science of husbandry is practiced, and the immediate members of the family of the nonresident farm owner may hunt, trap, and/or fish on the farm if the farm occupant or resident, if any, gives the owner written permission or if hunting, trapping, and/or fishing is permitted pursuant to a written lease, if any, between the farm owner and the occupant or resident of the farm.

(b) Nonresidents other than aliens who are under 13 years of age may hunt without a license in this State when accompanied by a person who is the lawful holder of a hunting license or has a lawful right to hunt.

(c) Any nonresidents participating in an organized fox hunt are exempt from the licensing requirement of this chapter.

(d) Any nonresident is exempt from the fishing license requirements of this chapter while fishing in a fee fishing operation that is registered as same with the Department of Agriculture according to Chapter 4 of Title 3. Nonresidents 16 years of age or older must purchase a nonresident fishing license to fish or take fish, crabs or clams.

(e) A nonresident shall be exempt from the licensing requirement of this chapter while hunting snow geese, provided:

(1) The nonresident resides in another state or Canadian province which extends the same exemption to Delaware residents;

(2) The nonresident is properly licensed, or exempt from the licensing requirement, to hunt snow geese in the state or Canadian province in which he or she resides;

(3) The nonresident purchases a migratory waterfowl stamp as provided for by § 517 of this title; and

(4) The nonresident complies with the hunter education requirements of § 506(a) of this title.
7 Del. C. § 572 — Delaware Code / Title 7 / Chapter 5 / Subchapter V / Section 572
§ Â
        572. Sunday operations on commercial shooting preserves; definition.
Status: in_force

(a) Those entities licensed under this subchapter which operate as commercial game preserves may operate in accordance with this subchapter on any day, including Sundays, subject to the seasonal limitations established by the Department.

(b) For purposes of this subchapter, “commercial game preserve” shall mean any partnership, sole proprietorship, corporation, or other business entity licensed under this subchapter and operating on a for-profit basis. “Commercial game preserve” shall not include clubs, associations or private individuals engaged in similar put-and-take hunting operations licensed under this subchapter.
7 Del. C. § 4168 — Delaware Code / Title 7 / Chapter 41 / Subchapter IV / Section 4168
§ Â
        4168. Limitation on borrowing power of tax ditch.
Status: in_force

A tax ditch may borrow money pursuant to this chapter with the consent of a majority of the votes cast at a meeting duly called under § 4159 of this title. No tax ditch shall borrow money in excess of 90 percent of the total assessment base established by the ditch order.
7 Del. C. § 6607 — Delaware Code / Title 7 / Chapter 66 / Section 6607
§ Â
        6607. Procedures; regulations; application fees.
Status: in_force

(a) The Secretary shall administer this chapter.

(b) The Secretary shall inventory, as promptly as he or she is able, all wetlands within the State and prepare suitable maps. Such maps shall be filed with the Secretary of State and made available for public inspection at the offices of the Department. On completion of a wetlands boundary map for an area, the Secretary shall propose that wetlands within the area be designated as such in accordance with the map. Wetlands designation on the maps shall be conclusive for the purpose of this chapter upon adoption by the Secretary, subject to the outcome of any appeals taken under this section, and subsection (e) of this section. After such designation, the 2-foot elevation above local mean high water specified in § 6603 of this title shall not apply to any land outside the designated area.

(c) The Secretary shall adopt a wetlands designation or any other regulation only after holding a public hearing in accordance with § 6609 of this title.

(d) The Secretary shall, in furtherance of the purpose of this chapter, adopt regulations:

(1) Setting forth procedures, including provision for fees, which shall govern the processing of permit applications and the conduct of hearings;

(2) Elaborating standards consistent with § 6604 of this title by which each permit application will be reviewed and acted upon;

(3) Controlling or prohibiting activities on lands designated or proposed for designation as wetlands, which regulations may vary from area to area according to the ecological value of the subject wetlands and the threat to the health and welfare of the people of this State which their alteration would pose.

(4) Any fees collected under this chapter are hereby appropriated to the Department to carry out the purposes of this chapter. The Secretary shall report through the annual budget process the receipt, proposed use and disbursement of these funds.

(e) If an on-site evaluation by the Department establishes that an error exists in a wetlands map that has been adopted by the Department, the wetlands map containing the error may be corrected by the Department after the Department documents, in writing, the results of the on-site evaluation, and the Department gives the public notice of any proposed correction. For purposes of this subsection, the term “public notice” shall consist of having notice of the proposed correction, the name of the property owner, location of the property in issue and a description of the error, published in a daily newspaper of general circulation throughout the State and a newspaper of general circulation in the county in which the activity is proposed. Such notice shall be published at least 20 days in advance of any correction to a map by the Department. If the Department determines that it has received a meritorious objection to any proposed correction set forth in a public notice, the Department shall hold a public hearing in accordance with the procedures set forth in § 6609 of this title. Any Department correction made to an adopted wetlands map shall be filed with the Secretary of State and made available for public inspection at the offices of the Department.

(f) The Secretary may waive any provision of the regulations adopted pursuant to this chapter when warranted under the following circumstances:

(1) Life-threatening emergencies.

(2) Actions required for public safety for which sufficient time is not available to follow the regulations.

(3) When imminent or catastrophic damage or loss of major infrastructure is likely if all provisions of the regulations are adhered to.

(4) Where the authority of the Department under this chapter overlaps with another statute, including but not limited to shellfish grounds (Chapter 19 of this title), beach preservation (Chapter 68 of this title) or subaqueous lands (Chapter 72 of this title) provided that the following criteria are met:

a. If, in the opinion of the Secretary, equal environmental impact review and regulation of the activity would be provided by either statute; and

b. Waiver of these regulations would not be contrary to the purposes of this chapter.

(g) The Secretary may issue an after-the-fact permit, letter of authorization or waiver in those cases where an activity has occurred without first obtaining the required permit, letter of authorization or waiver. The determination of whether or not to issue an after-the-fact permit, letter of authorization or waiver shall be consistent with the purposes and provisions of this chapter. The applicant receiving the after-the-fact permit, letter of authorization, or waiver will be responsible for paying any associated processing fee and the Secretary may assess a penalty in accordance with § 6005 of this title.
7 Del. C. § 6095 — Delaware Code / Title 7 / Chapter 60 / Subchapter VIII / Section 6095
§ Â
        6095. Applicability.
Status: in_force

This subchapter shall apply to all sources required to obtain a Title V Operating Permit pursuant to the federal Clean Air Act Amendments of 1990. Such sources shall include, but not be limited to, the following:

(1) Sulfuric acid plants; municipal incinerators; fossil-fuel burners; petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels; petroleum refineries; sulfur recovery plants; chemical process plants;

(2) For pollutants other than radionuclides, any stationary source or group of stationary sources located within a contiguous area and under common control or common ownership consistent with the requirements of 40 C.F.R. Part 70, that emits or has the potential to emit, in the aggregate, 10 tons per year (tpy) or more of any hazardous air pollutant which has been listed pursuant to Title I, § 112(b) of the Clean Air Act Amendments of 1990, Public Law 101-549, 25 tpy or more of any combination of such hazardous air pollutants, or such lesser quantity as the Department may establish by regulation;

(3) A source that directly emits or has the potential to emit, 100 tpy or more of any air pollutant, including any major source of fugitive emissions of any such pollutant, as the Department may establish by regulation;

(4) For ozone nonattainment areas, sources with the potential to emit 100 tpy or more of volatile organic compounds or oxides of nitrogen in areas classified as “marginal” or “moderate,” 50 tpy or more in areas classified as “serious,” 25 tpy or more in areas classified as “severe,” and sources subject to the requirements for preconstruction review; except that the references in this paragraph to 100, 50, and 25 tpy of nitrogen oxides shall not apply with respect to any source for which the Department has made a finding, pursuant to regulations, that requirements under this section do not apply;

(5) For areas within the northeast transport region, sources with the potential to emit 50 tpy or more of volatile organic compounds; or

(6) Any other sources designated by the Department or mandated for designation by the United States Environmental Protection Agency.
7 Del. C. § 115 — Delaware Code / Title 7 / Chapter 1 / Section 115
§ Â
        115. Power of Department to take game or fish for propagating and restocking purposes.
Status: in_force

The Department may take any game birds, animals or fish in or out of season in any way for strictly propagating and restocking purposes.
7 Del. C. § 6097 — Delaware Code / Title 7 / Chapter 60 / Subchapter VIII / Section 6097
§ Â
        6097. Fees.
Status: repealed

(a) The Department shall collect an annual fee from sources that are required to obtain a Title V Operating Permit pursuant to the Title V Program and from sources who voluntarily limit their potential to emit to below Title V applicability thresholds as set forth in § 6095 of this title (i.e., a synthetic minor facility). The annual fees shall be utilized solely to pay for all direct and indirect costs required to develop, administer and implement the Program.

(b) The fee schedule must result in the collection and retention of revenues sufficient to cover the permit program costs. These costs include, but are not limited to, the costs of the following activities, as they relate to the operating permit program for stationary sources: preparing generally applicable regulations or guidance documents regarding the permit program or its implementation or enforcement; reviewing and acting on any application for a permit, permit revision or permit renewal, including the development of an applicable requirement as part of the processing of a permit or permit revision or renewal; general administrative costs of implementing the permit program, including the supporting and tracking of data; implementing and enforcing the terms of any Title V Operating Permit (not including any court costs or other costs associated with an enforcement action), including adequate resources to determine which sources are subject to the program; emissions and ambient monitoring; modeling; preparing inventories and tracking emissions; and supporting the ombudsman established pursuant to the Small Business Stationary Source Technical and Environmental Compliance Program (“SBTCP”) to assist sources covered by the SBTCP in determining and meeting their obligations under the Title V Operating Permit Program.

(c) The Department shall collect annual fees, payable annually or in 2 installments, as set forth in subsection (i) of this section, during calendar years 2024, 2025, and 2026, from each source that is required to pay the annual fee as set forth in subsection (a) of this section. The annual fee for each subject source will be determined by the sum of 3 component fees: a base fee as set forth in subsection (d) of this section, a user fee as set forth in subsection (e) of this section, and a program fee as set forth in subsection (g) of this section. For any source that becomes subject to the Program after December 31, 2023, the base fee, user fee, and program fee shall be calculated as set forth in subsections (f) and (g) of this section.

(d) (1) The base fee relates to services that are common to all sources subject to the program. These services include activities such as permit issuance and renewals; stationary source regulation development; ambient monitoring; emission inventory; control strategy development; and administration of the Small Business Stationary Source Technical and Environmental Compliance Program.

(2) In calendar years 2024, 2025, and 2026, the Department will place each subject source into 1 of the following categories:

(3) The Department’s category determination pursuant to paragraph (d)(2) of this section shall be based upon 5 years’ data of engineering, compliance, and enforcement hours expended for each facility from 2018 to 2022. The Department will continue to track the actual hours spent processing Title V permits and performing other related services under the Title V program. This information may be used in the evaluations of the Title V program associated with the expiration of this statute on December 31, 2026.

(e) (1) The user fee relates to activities not identified in subsection (d) of this section for the Program, such as: administration of the compliance and enforcement program; implementation and enforcement of the terms of any Title V Operating Permit or synthetic minor permit; permit revisions or amendments, including the development of an applicable requirement as part of the processing of the permit issuance, revision or amendment; the supporting and tracking of data; modeling; and adequate resources to determine which sources are subject to the Program. Such fees shall be based on the emissions of each air contaminant, nitrogen oxides (NOX); particulate matter less than 10 microns (PM10); sulfur dioxides (SO2); volatile organic compounds (VOC), in whole tons and in the aggregate, excluding carbon monoxide (CO) and particulate matter less than 2.5 microns (PM2.5), as listed in the 2020 Delaware Point Source Emission Inventory of Estimated Actual Regulated Air Contaminants.

(2) In calendar years 2024, 2025, and 2026, the Department will place each subject source into 1 of the following categories:

(f) The Department shall assess a base fee that is consistent with the categories and amounts specified in subsection (d) of this section for any source that becomes subject to the Program after December 31, 2023. The estimated hours on which the base fee assessment is calculated shall include an evaluation of specific regulatory applicability to the source. This shall include, but is not limited to, the following: new source review; new source performance standards; toxic requirements, to include maximum achievable control technology and National Emission Standards for Hazardous Air Pollutants; and continuous emission monitoring requirements. The Department shall assess a user fee based upon allowable emissions specified in the source’s permit that is consistent with the categories and amounts specified in subsection (e) of this section for any source that becomes subject to the Program after December 31, 2023.

(g) The Department shall assess a program fee based on the source’s combined base and user fees. In calendar years 2024, 2025, and 2026, the Department will place each subject source into 1 of the following categories:

(h) These fees may be increased on an annual basis by no more than the Federal Consumer Price Index for the previous calendar year. Any increases in fees are subject to review and approval by the committee established pursuant to § 6099 of this title. After December 31, 2026, no fees shall be collected pursuant to this section unless authorized by a further act of the General Assembly. The Department shall consult with the Title V Operating Permit Program Advisory Committee prior to any proposed increase to the complement of full-time equivalent employees funded in whole or in part by the Program.

(i) Annual fees must be paid in full by June 30 of each calendar year 2024, 2025, and 2026. Installment payments, due March 31 and June 30, are allowed upon written request and Department approval. A subject source is considered delinquent if payment is not received by the aforementioned due dates depending on the elected payment option. Any delinquent subject source shall be subject to a 2% compounding monthly interest rate for each month overdue. Each source is required to pay its annual fee. The Department has the authority to revoke a Title V or synthetic minor permit on the sole basis that the annual fee has not been paid. Sources that have not paid their annual fee may be given notice that their Title V or synthetic minor permit will be revoked for nonpayment of the fee. No permit shall be revoked without 60 days written notice or prior to 3 months past the due date for the fee. Cancellation of the permit shall not relieve the source of the obligation to pay the delinquent fees and interest. The Department shall track payment records of overdue and delinquent sources and shall document actions taken to recover delinquent fees. The Department shall include a detailed summary of delinquent facilities in the Title V annual status report, including the amount owed and the documented action taken by the Department to collect such fees.

(j) In determining the amount of tons of actual emissions, the Department shall not be required to include any amount of air contaminant emitted by any source in excess of 4,000 tons per year of that air contaminant. The determination of common control or common ownership shall be consistent with the requirements of 40 C.F.R. Part 70.

(k) Any funds collected under this section shall be deposited in the account as described in § 6096 of this title, shall be interest earning, and shall be used solely to administer the Program. The Secretary shall cause an internal audit of the fiscal affairs to be made each calendar year and shall incorporate the audit report together with such additional information or data with respect to the affairs as the Secretary may deem desirable to the Title V Operating Permit Program Advisory Committee via the requirements of subsection (l) of this section.

(l) The Department will continue to track for each source the actual hours spent processing Title V permits and performing other related services under the Title V program and shall, as part of the annual fee assessment, provide each source with the number of said hours expended during the preceding year. The Division of Air Quality will develop an annual report, by May 1 of each year, that includes the overall program costs, the fees collected, current staffing levels, program accomplishments, and each subject source’s total hours for the preceding calendar year and present this report at an annual meeting with the Title V Operating Permit Program Advisory Committee. The Division of Air Quality shall publish a notice announcing the availability of the report in a paper of general circulation throughout the State.

(m) [Repealed.]
7 Del. C. § 6412 — Delaware Code / Title 7 / Chapter 64 / Subchapter I / Section 6412
§ Â
        6412. Judicial review.
Status: in_force

Judicial proceedings to review any rule, regulation or other action of the Authority or to determine the meaning or effect thereof, may be brought in the Superior Court of this State, provided such review is requested within 30 days from the date of the promulgation of the rule or regulation or other action of the Authority.
7 Del. C. § 907 — Delaware Code / Title 7 / Chapter 9 / Section 907
§ Â
        907. Equipment and methods used for fishing for game fish.
Status: in_force

Unless otherwise authorized by the adoption of Department regulation or issuance of Division permits, it shall be illegal for any person to fish for any game fish in the tidal waters of the State with any fishing equipment, or by any method, unless it is provided for in the following subdivisions:

(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) At any 1 time the number of hooks and lines any 1 person shall be permitted to use to fish for any game fish in the tidal waters of the State shall be no more than 2.
7 Del. C. § 4330 — Delaware Code / Title 7 / Chapter 43 / Subchapter III / Section 4330
§ Â
        4330. Right to jury trial; procedure.
Status: in_force

When objections to the report of the board of lagoon management commissioners are filed in writing with the Superior Court and when the party filing feels aggrieved by the report of the board of lagoon management commissioners, such party may apply to the Superior Court, within 30 days after the issuance of the lagoon order, for an order in the nature of a writ of inquiry to ascertain by the verdict of a jury at the bar of the Court, the full and true value of the relative benefits, damages, injury or loss which will result to the lands of such person from the improvements to the proposed tax lagoon.
7 Del. C. § 7421 — Delaware Code / Title 7 / Chapter 74 / Subchapter II / Section 7421
§ Â
        7421. Legislative findings and intent.
Status: in_force

The General Assembly finds and declares that it is in the best interests of the people of Delaware that small retail gasoline station owners and operators continue to maintain their economic viability, while taking the remedial and preventive measures necessary to protect Delaware’s environment and to comply with this subchapter and other State and federal environmental protection laws. The General Assembly further finds that such station owners and operators are often unable to obtain financing for needed remedial and preventive measures in the private financing market, and accordingly it is necessary for the State to provide affordable financing if the public interest is to be protected. Therefore, there shall be established in the Department of Natural Resources and Environmental Control (“Department”) a loan assistance program, the purpose of which is provide loans to small retail gasoline station owners and operators (“small stations”) to carry out the following activities necessary to comply with State and federal environmental laws:

(1) Installation of air quality protection devices; and/or

(2) Replacement of existing underground storage tank systems; and/or

(3) Removal and abandonment of underground storage tank systems; and/or

(4) Installation of water quality protection devices.
7 Del. C. § 6602 — Delaware Code / Title 7 / Chapter 66 / Section 6602
§ Â
        6602. Purpose.
Status: in_force

It is declared that much of the wetlands of this State have been lost or despoiled by unregulated dredging, dumping, filling and like activities and that the remaining wetlands of this State are in jeopardy of being lost or despoiled by these and other activities; that such loss or despoliation will adversely affect, if not entirely eliminate, the value of such wetlands as sources of nutrients to finfish, crustacea and shellfish of significant economic value; that such loss or despoliation will destroy such wetlands as habitats for plants and animals of significant economic and ecological value and will eliminate or substantially reduce marine commerce, recreation and aesthetic enjoyment; that such loss or despoliation will, in most cases, disturb the natural ability of wetlands to reduce flood damage and adversely affect the public health and welfare; that such loss or despoliation will substantially reduce the capacity of such wetlands to absorb silt and will thus result in the increased silting of channels and harbor areas to the detriment of free navigation. It is hereby determined that the coastal areas of Delaware are the most critical areas for the present and future quality of life in the State and that the preservation of the coastal wetlands is crucial to the protection of the natural environment of these coastal areas. Therefore, it is declared to be the public policy of this State to preserve and protect the productive public and private wetlands and to prevent their despoliation and destruction consistent with the historic right of private ownership of lands.
7 Del. C. § 6123 — Delaware Code / Title 7 / Chapter 61 / Section 6123
§ Â
        6123. Assignability of lease.
Status: in_force

No permit, easement or lease, or any portion thereof shall be assignable without the prior written consent of the Secretary.
7 Del. C. § 5312 — Delaware Code / Title 7 / Chapter 53 / Subchapter II / Section 5312
§ Â
        5312. Prohibited acts, criminal and civil penalties.
Status: in_force

(a) A person may not excavate, collect, salvage, recover, remove, damage, or otherwise alter or deface any archaeological resource, or its surrounding location or context, located on State lands, including subaqueous lands, unless such activity is pursuant to a permit issued under § 5309 of this title.

(b) A person may not sell, transfer, exchange, transport, purchase, receive or offer to sell, transfer, exchange, transport, purchase or receive any archaeological resource as defined in § 5303 of this title, unless the Division specifically allows for such activity under a permit issued pursuant to § 5309 of this title and/or as may be provided for under a shipwreck management program established pursuant to § 5316 of this title.

(c) A person may not possess, use, or employ on lands owned or controlled by the State, including subaqueous lands, tools or devices designed, modified or commonly used for the excavation, collection, salvage, recovery or removal of archaeological resources or otherwise designed or modified for activities prohibited by this chapter, excluding individuals permitted or authorized to possess such tools and devices in accordance with the requirements of this chapter.

(d) A person may not knowingly make a false statement, representation or certification in any application for permits granted under this chapter.

(e) Whoever violates or counsels, procures, solicits, or employs another to violate:

(1) Any prohibition contained in this chapter;

(2) Any condition or limitation in a permit issued pursuant to this chapter; or

(3) Any rule or regulation promulgated under this chapter

shall, upon conviction, be sentenced to pay a fine of not less than $1000 but not exceeding $10,000, or to imprisonment of up to 30 days, or both. Each day of excavation, alteration, destruction, injury or other violation is considered a separate offense and is punishable as such. Unauthorized tools or devices seized from violators of subsection (c) of this section may be ordered forfeited to the State without compensation. Further, restitution may be ordered to compensate the State for the cost of remedying or remediating any violation of this chapter. The Superior Court has jurisdiction of offenses under this chapter.

(f) Whoever violates or counsels, procures, solicits or employs another person to violate:

(1) Any prohibition contained in this chapter;

(2) Any condition or limitation in a permit issued pursuant to this chapter; or

(3) Any rule or regulation promulgated hereunder

shall be assessed a civil penalty of not less than $1000 but not exceeding $10,000. The Superior Court shall have jurisdiction of a violation in which a civil penalty is sought.

(g) Any expenses or civil penalties collected by the Division under this section may be allocated to the Division, subject to the approval of the Department, to carry out the purposes of this chapter.
7 Del. C. § 7406 — Delaware Code / Title 7 / Chapter 74 / Subchapter I / Section 7406
§ Â
        7406. Release of substances prohibited; correction of substance release; Department intervention.
Status: in_force

(a) No person shall knowingly allow a release from an underground storage tank to continue without taking immediate steps to report the release to the Department.

(b) Responsible parties shall take measures for the prompt control, containment, and removal of the released regulated substances to the satisfaction of the Department.

(c) The Department may assume control of any release situation when it is determined that responsible parties are not responding promptly. However, all liability will remain with the responsible party.

(d) Responsible parties are liable for remediation and corrective action pursuant to subsections (b) and (c) of this section, and the regulations promulgated under this chapter. This remedial liability has attached and shall continue to attach at any time prior to January 1, 2016, and survives subsequent to that date.

(e) Responsible parties who own, owned, operate, or operated, a facility or an underground storage tank located at a facility, on or after January 1, 2016, shall be liable for remediation and corrective action, in accordance with this chapter and the regulations promulgated under it, for all released regulated substances on or under the facility, or on or under other real property but which originated or emanated from the facility, regardless of whether any responsible party proximately caused any release or not, and regardless of when and how the regulated substances were released. The ownership or operational association with the facility establishes the nexus for liability under this section to attach to these responsible parties.

(1) A responsible party is not liable under this section for remediation and corrective action of and for regulated substances only if the responsible party can establish that the release of the regulated substances was caused solely by:

a. An act of God;

b. An act of war; or

c. An act or omission of a third party other than:

1. An employee or agent of the responsible party; or

2. Any person whose act or omission occurs in connection with a contractual relationship, existing directly or indirectly, with the responsible party, but not including a contractual relationship in connection with the sale or transfer of the facility by or from the responsible party to a third party.

3. This defense applies only when the responsible party asserting the defense has exercised due care with respect to the facility, the foreseeable acts or omissions of the third party, and the foreseeable consequences of those acts or omissions; notwithstanding the foregoing, where the contractual relationship arises in connection with the sale or transfer of the facility by or from the responsible party to a third party, the defense applies if the responsible party asserting the defense has exercised due care with respect to the facility during the period of ownership or operation of the facility by the responsible party, and with respect to the foreseeable acts or omissions of the third party based on the responsible party’s knowledge and information at the time of the sale or transfer of the facility.

(2) A responsible party is not liable under this section for remediation and corrective action of and for regulated substances which were released before the time period when the responsible party owned or operated the facility and/or underground storage tank, only if the responsible party had no knowledge or reason to know, at the commencement of the ownership or operation, of any prior release. This paragraph (e)(2) is limited as follows:

a. To establish that the responsible party had no reason to know of any prior release, the responsible party must demonstrate that on or before the date on which the responsible party acquired or began operations at the facility, the responsible party carried out all appropriate inquiries, as provided in paragraph (e)(2)b. of this section, into the previous ownership and operation of the facility in accordance with generally accepted good commercial and customary standards and practices.

b. The procedures of the American Society for Testing and Materials (“ASTM”), including the documents known as “Standard E1527-05” and “Standard E1527-13,” entitled “Standard Practice for Environmental Site Assessment: Phase 1 Environmental Site Assessment Process,” or the procedures in 40 C.F.R. § 312.20, shall satisfy the requirements of all appropriate inquiries in paragraph (e)(2)a. of this section, but the Secretary may, by regulation, update or augment these 2 alternative methods of satisfying all appropriate inquiries, and may add additional methods of satisfying the requirements of all appropriate inquiries.

c. Notwithstanding this paragraph (e)(2), if the responsible party obtained actual knowledge of any current or prior release or threatened release of regulated substances at the facility when the responsible party owned or operated the facility and then subsequently transferred ownership or operation of the facility to another person without disclosing this knowledge, the responsible party shall be treated as liable under this subsection (e) and no defense under this paragraph (e)(2) shall be available to the responsible party.

d. Nothing in this subsection (e) shall affect or diminish the liability under this chapter of a responsible party who, by any act or omission, caused or contributed to the release of regulated substances which is the subject of the action relating to the underground storage tank or facility.

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

a. The person is not a responsible party with respect to a petroleum release from an underground storage tank system regulated under this chapter.

b. The person proposes to conduct investigations at the facility where the release occurred.

c. The person agrees to comply with the provisions of the Brownfields Development Program as well as all other applicable laws, regulations, guidance, and directives of the Department related thereto.

(f) Subsections (g), (h), (i), and (j) of this section apply to each and every responsible party, regardless of whether the remedial liability arose or attached, before or after January 1, 2016.

(g) The remedial liability of responsible parties is strict liability, joint and several.

(h) The remedial liability of responsible parties includes a right of contribution. In resolving contribution claims, the Superior Court may allocate costs among the responsible parties using such principles of fairness and justice as the Superior Court deems appropriate.

(i) The Department may assume control of any release situation when responsible parties are not responding promptly or effectively for the control, containment, and removal of released regulated substances. Control of any release situation by the Department includes without limitation the entry by the Department upon the facility and any other real property, public or private, on or under which the released regulated substances are present, to install water treatment on contaminated drinking water systems, vent indoor air contaminants, remove and remediate regulated substances and substrate from the subsurface, remove or close in place leaking underground storage tanks, investigate the extent of the release through environmental sampling, undertake corrective action, and take any other such action to control, contain, and remove the released regulated substances. The Department, its contractors and agents, shall not be deemed to be responsible parties based on any actions they may take in assuming control of a release situation.

(j) The Department may file an action in Superior Court against any responsible party, for cost recovery and for reimbursement of funds expended, for corrective action, in control and remediation of any release situation, and activities associated with underground storage tank removals and closures in place. Any cost recovery and reimbursement collected by the Department shall be credited to and expended by the Department for control of underground storage tank releases and to support the purposes of this chapter. A responsible party shall have an affirmative defense to a cost recovery action under this section by showing that the responsible party was responding promptly and effectively for the control, containment, and removal of released regulated substances at the time that the Department assumed control of the release situation.
7 Del. C. § 4523 — Delaware Code / Title 7 / Chapter 45 / Section 4523
§ Â
        4523. Warner Grant Trust Lands.
Status: in_force

(a) For purposes of this section, “Warner Grant Trust Lands” means as established under Chapter 108 of Volume 62 of the Laws of Delaware, as amended by Chapter 99 of Volume 72 of the Laws of Delaware and 84 Del. Laws, c. 236.

(b) The Department of Natural Resources and Environmental Control shall administer the Warner Grant Trust Lands as required under Chapter 108 of Volume 62 of the Laws of Delaware, as amended by Chapter 99 of Volume 72 of the Laws of Delaware and 84 Del. Laws, c. 236.

(c) Section 4517(a) of this title does not apply to this section.
7 Del. C. § 734 — Delaware Code / Title 7 / Chapter 7 / Subchapter II / Section 734
§ Â
        734. Prohibitions respecting wild birds other than game birds; birds not protected.
Status: in_force

No person shall catch, kill, have in possession (living or dead), purchase, sell or expose for sale, transport or ship any wild bird other than a game bird, or any part of the plumage, skin or body of any such bird, or any game bird, except as expressly permitted by law; but house sparrows, and starlings may be killed, sold or shipped by any person in any manner and at any time.
7 Del. C. § 4738 — Delaware Code / Title 7 / Chapter 47 / Subchapter II / Section 4738
§ Â
        4738. Continuing duties of Corporation.
Status: in_force

(a) The Corporation shall prepare and submit an annual report of its activities during the previous year to the Governor and the Chair and Co-Chair of the Capital Improvement Committee of the General Assembly by January 1 of each year. Such annual report shall include all of the following:

(1) A complete list and explanation of all land it has acquired within the previous 12 months.

(2) A complete list and explanation of all development projects that may impact wetlands.

(3) An enumeration of all projects and services provided by homeowners association fees, and explanation of any duplication with services provided by Delaware City.

(b) The Corporation shall prepare and submit an annual audit which shall be provided to the Governor and the Chair and Co-Chair of the Capital Improvement Committee of the General Assembly by January 1 of each year.
7 Del. C. § 6032 — Delaware Code / Title 7 / Chapter 60 / Subchapter II / Section 6032
§ Â
        6032. Licensing of site evaluators, percolation testers and on-site system designers and contractors.
Status: in_force

(a) No person shall conduct percolation tests or soil evaluations or design, inspect or install on-site wastewater treatment and disposal systems without first having obtained a license from the Secretary. As a prerequisite of licensing, the Secretary may require the person to demonstrate familiarity with test procedures and applicable regulations, and to sign a statement under penalty of perjury that he or she will abide by all statutes and regulations governing the design, inspection and installation of on-site wastewater treatment and disposal systems. In addition, the Secretary may require each licensee or class of licensees to show proof of surety to cover liability for such risks and in such amounts as the Secretary may establish by regulation after public notice in accordance with § 6006 of this title.

(b) Any license by the Secretary shall be for a fixed term not to exceed 3 years and shall be renewable upon application.

(c) The Secretary shall adopt such other regulations after public notice and hearing in accordance with § 6006 of this title as necessary to accomplish the purposes of this title.

(d) The license requirements shall not apply in a county which has been delegated authority to issue septic tank permits pursuant to § 6003(d) of this title.
7 Del. C. § 9112 — Delaware Code / Title 7 / Chapter 91 / Subchapter I / Section 9112
§ Â
        9112. Public hearings â Rule making, settlement agreements and remedial actions.
Status: in_force

Public hearings shall be held on regulations developed pursuant to this chapter, and, if the Secretary receives a meritorious request for a public hearing from any person on the proposed consent decree and the proposed plan of remedial action in accordance with §§ 6004 and 6006 of this title, as well as any additional notice and hearing requirements the Secretary has adopted by regulation.
7 Del. C. § 5410 — Delaware Code / Title 7 / Chapter 54 / Section 5410
§ Â
        5410. Criminal penalties.
Status: in_force

Any person who violates § 5408 of this title shall upon conviction be sentenced to pay a fine of not less than $1,000 nor more than $10,000 or be imprisoned not more than 2 years or both. The Superior Court shall have jurisdiction of offenses under this chapter.
7 Del. C. § 741 — Delaware Code / Title 7 / Chapter 7 / Subchapter II / Section 741
§ Â
        741. Snow geese.
Status: in_force

Notwithstanding any other provision of this title, a person may hunt snow geese by any method, provided the individual complies with federal laws and regulations.
7 Del. C. § 4159 — Delaware Code / Title 7 / Chapter 41 / Subchapter IV / Section 4159
§ Â
        4159. 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 ditch 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 ditch managers using either of the following methods:

(1) By publishing in a newspaper of general circulation in the area of a tax ditch, and by posting at 5 conspicuous places in or near the area of said tax ditch, 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. § 1803 — Delaware Code / Title 7 / Chapter 18 / Section 1803
§ Â
        1803. Use of funds derived from sale of commercial licenses.
Status: in_force

All funds derived from the issuances of commercial eel fishing licenses shall be deposited by the Department in the General Fund.
7 Del. C. § 789 — Delaware Code / Title 7 / Chapter 7 / Subchapter VI / Section 789
§ Â
        789. Sale or shipment of red fox or red fox hides; penalty.
Status: in_force

(a) No live red fox shall be sold, purchased, possessed or exposed for sale in this State, or shipped by freight or express, or otherwise, or taken from any place within this State to any place outside this State. Nothing in this section shall be construed to prevent the possession or transfer of red fox hides legally taken in Delaware or in another state. It shall be legal to sell the hides of red foxes legally taken in Delaware within the State or in another state.

(b) The provisions of the preceding paragraph insofar as they relate to the possession of live red foxes shall not apply to animal exhibitions owned or operated by the State or any political subdivision thereof.

(c) Whoever violates this section shall be guilty of a class B environmental misdemeanor for each offense.
7 Del. C. § 4389 — Delaware Code / Title 7 / Chapter 43 / Subchapter VI / Section 4389
§ Â
        4389. Notice of right-of-way, or assessment.
Status: in_force

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

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

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

(1) State the name of the tax lagoon;

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

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

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

(e) There shall be no charge or fee to record the order pursuant to this subsection.
7 Del. C. § 752 — Delaware Code / Title 7 / Chapter 7 / Subchapter III / Section 752
§ Â
        752. Hunting muskrats with dog; penalty.
Status: in_force

(a) No person shall hunt, take, catch or kill any muskrat with dog or dogs.

(b) Whoever violates this section shall be guilty of a class D environmental violation for each offense.
7 Del. C. § 906 — Delaware Code / Title 7 / Chapter 9 / Section 906
§ Â
        906. Definitions.
Status: in_force

Unless otherwise provided in this chapter:

(1) “Active commercial fisher” shall mean an individual licensed by the Department to fish for commercial purposes for finfish or shellfish who has filed landing reports with the Department that account for no less than 0.1% of the landings in a specific commercial fishery identified by gear type during any 1 of the previous 3 calendar years.

(2) “Anchor gill net” shall mean a gill net held in place by anchors on the bottom.

(3) “Bag net or channel net” shall mean a bag-shaped net placed in flowing water that is fastened to poles or anchors so as to strain out finfish.

(4) “Bait fish” shall mean the following species of finfish: Minnows or shiners (Cyprinidae (family)); killifish (Fundulus spp.); anchovy (Anchova spp.); sand lance (Ammodytes spp.); mullet (Mugilidae (family)); and other species of food fish measuring less than or equal to 7 inches in length, unless otherwise protected by statute or regulation.

(5) “Bait seine or drag net” shall mean a type of net with mesh webbing not exceeding 100 yards in length with a top line having floats to keep it at the surface and a weighted bottom line. Each end may be attached to poles which 2 or more persons may use to pull the seine through shallow water.

(6) “Bar net” shall mean a single wall of gill netting with ropes or rigid bars attached at right angles between the float and lead lines so that the webbing hangs slack.

(7) “Beam trawl” shall mean a bag, cone or funnel-shaped net without wings that is dragged or towed on the bottom by a vessel or motor power. The mouth of the net is held open by a rigid beam of wood or metal.

(8) “Cast net” shall mean a circular cone-shaped net thrown by hand that has an outer line with attached weights. Once thrown, the weighted line sinks rapidly to the bottom and the weighted line is drawn together by ropes which are attached to a recovery line, closing the net.

(9) “Charter boat” shall mean any vessel-for-hire engaged in recreational fishing that is hired on a per trip basis.

(10) “Commercial finfisher” shall mean any person who takes, catches, kills or reduces to possession any species of finfish taken from the tidal waters of this State by said person and sells, trades, barters or attempts to trade, barter or sell said finfish.

(11) “Common haul seine” shall mean an encircling type of net that is 100 yards or more in length and consisting of 2 wings and a bunt or bag. The top line has floats to keep it at the surface while the bottom line or foot line is weighted. The bunt or bag is flanked by wings to which are attached auxiliary lines. It may be set by a vessel and hauled to shore by hand or power winch.

(12) “Council” shall mean the Advisory Council on Tidal Finfisheries.

(13) “Danish seine” shall mean a trawl net that is rigged for a type of fishing that involves herding finfish with ropes prior to netting. The ropes and trawl net are played out by a vessel. The 2 ropes and trawl net are retrieved by the vessel while anchored with motorized winches. The ropes while being retrieved herd the finfish into the mouth of the trawl net.

(14) “Delaware Bay” shall mean all those tidal waters under the jurisdiction of the State located within an area bordered on the north by a straight line drawn between Liston Point, Delaware and Hope Creek, New Jersey and bordered on the south by a straight line drawn between Cape May Point, New Jersey and Cape Henlopen Point, Delaware, but not including any tributaries thereto.

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

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

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

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

(19) “Dip net” shall mean a mesh bag of netting or wire which is suspended from a circular, oval or a rectangular frame attached to a handle.

(20) “Director” shall mean the Director of the Division.

(21) “Division” means the Division of Fish and Wildlife of the Department.

(22) “Dredge” shall mean any device used to gather, scrape, scoop, fish for or otherwise take bottom dwelling finfish.

(23) “Drift gill net” shall mean a gill net that is free-floating and fished at the surface or at intermediate depths.

(24) “Finfish” shall mean any aquatic vertebrate which has fins.

(25) “Fisheries conservation zone” shall mean that portion of the Atlantic Ocean contiguous to coastal states’ territorial seas with an inner boundary as a line coterminous with the seaward boundary of Atlantic coastal states’ territorial seas and an outer boundary as a line drawn in such a manner that each point unit is 200 nautical miles from the baseline from which coastal states’ territorial seas are measured.

(26) “Fishing,” “fished” or “to fish” shall mean to take, catch, kill or reduce to possession or to attempt to take, catch, kill or reduce to possession any finfish by any means whatsoever.

(27) “Fishing equipment” shall mean any dredge, tool, net, line, instrument, device, gear, harpoon, spear, hook or hook and line used or attempted to be used to fish for finfish.

(28) “Fish pot” or “fish trap” or “minnow trap” shall mean a rigid device of various designs and dimensions used to trap finfish with the catching principle based on 1 or more conical funnels to prevent finfish from escaping after they enter the pot or trap. A fish pot or fish trap may be circular, rectangular, cylindrical, cubical or of any other shape. It may be constructed with wire mesh, fish netting over a ridged frame of wood, steel, any other material or any combination of materials. A minnow trap shall have a conical funnel opening of no more than 2 inches.

(29) “Fixed gill net” shall mean any gill net that is not a drifting gill net.

(30) “Food fish” shall mean all species of finfish not specified as bait fish or game fish in this chapter except for eels which are governed by Chapter 18 of this title.

(31) “Food fish dealer” shall mean:

a. Any person licensed under § 2902, § 2903, § 2904, § 2905 or § 2908 of Title 30 who receives food fish from a commercial finfisher;

b. Any commercial finfisher who trades, barters and/or sells food fish to any person licensed under § 2906 of Title 30; or

c. Any commercial finfisher who trades, barters and/or sells food fish to any person whose principle place of business is located outside this State.

(32) “Fyke net” shall mean a hoop net with 1 or more wings or a leader attached and held in place with anchors or stakes to help guide finfish into the hoop net.

(33) “Game fish” shall mean the following species of finfish: smallmouth bass (Micropterus dolomieu); largemouth bass (Micropterus salmoides); black crappie (Pomoxis nigromaculatus); white crappie (Pomoxis annularis); rock bass (Ambloplites rupestris); white bass (Morone chrysops); walleye (Stizostedion vitreum); northern pike (Esox lucius); chain pickerel (Esox niger); muskellunge (Esox masquinongy); muskellunge hybrid (Esox masquinongy x lucius); salmon and trout (Salmonidae (family)); sunfishes (Lepomis spp.); white bass-striped bass hybrid (Morone saxatilis x crysops).

(34) “Gill net” shall mean an upright net or fence of fiber or monofilament netting with a float line also known as a cork line, on top, and a weighted line, also known as a lead line, on the bottom in which finfish are caught in the meshes of the net. Finfish, of a size for which the net is designed, swim into the net and can pass only part way through a single mesh. The finfish becomes “gilled” and can neither go forward through the net nor backward out of the net. Gill nets may be suspended at the surface, in mid-water or close to the bottom by controlling the number of floats on the float line and the size and number of weights on the weighted line. The net may be operated in either a stationary or movable manner.

(35) “Harpoon” shall mean an instrument with pointed barbed blade or blades that is detachable from the pole, shaft or handle of the instrument. It may be thrown by hand or discharged from a gun or a mechanical device.

(36) “Headboat” shall mean any vessel-for-hire engaged in recreational fishing that is hired on a per person basis.

(37) “Hook” shall mean a curved piece of wire, or other material, with or without a barbed end that is used to fish for finfish. A hook may consist of 1 hook, or 2 or 3 hooks that have been united together, and these may be known as a single, double or treble hook, respectively.

(38) “Hook and line” shall mean a single fishing line with 1 or more hooks held by, or attended by, or under the immediate control of, 1 or more persons. The hook and line may be attached to a pole, reel, float or stake or may be held by a person.

(39) “Hoop net” shall mean a conical or cylindrical net distended by a series of hoops or frames covered by web netting or wire mesh and may have 1 or more internal funnel-shaped throats that have tapered ends that are directed away from the mouth of the net.

(40) “Individual” shall mean a human being.

(41) “Interstate fisheries management plan” shall mean a document prepared in cooperation with at least 2 other Atlantic coastal states that ascertains factual circumstances, establishes objectives and proposes management measures that will achieve the objective for single species of finfish or a group of closely related finfishes.

(42) “Lampara net” shall mean an encompassing type of net that has a large central bunt and relatively short wings. The wings have a larger mesh than the bunt. This net is set from a moving vessel so as to surround a school of finfish, and then the 2 wings are pulled simultaneously. There is no pursing devices other than the closing of the lines as the net is drawn through the water by the vessel.

(43) “Lift net” shall mean a shallow bag of netting or wire which is attached to a frame that may have a round, rectangular or other shape, and is suspended by a line or bridle. It is lowered beneath the surface and raised rapidly to the surface.

(44) “Long haul seine” shall mean a type of haul seine that may be over 1,000 yards in length and is towed by 2 motorized vessels. It may be towed and/or hauled to a shoal area where the finfish catch is concentrated in the net and brailed from the bunt or bag.

(45) “Longline” shall mean a fishing line with a series of hooks on separate but attached short lines. It can be anchored or drifted. It may also be known as a trotline or setline.

(46) “Long seine” shall mean a modification of the common haul seine with 1 end of the net fastened to an anchor, stake or another vessel while the other end is pulled by a vessel. The pulled end is swept in a circle so that it will pass by the fastened end.

(47) “Mouth” of a tributary, stream, canal, creek or ditch shall mean any point on a line drawn between the outermost 2 points of land or jetties on each bank of the tributary, stream, canal, creek or ditch.

(48) “Nonresident” shall mean any person who has not continuously resided for 1 year within this State prior to the date in question.

(49) “Otter trawl” shall mean a funnel-shaped net with wings, a throat section and cod or bag end that is dragged or towed on the bottom or off of the bottom by 1 or more vessels. Floats and weights are utilized to keep the mouth of the net open. To spread the net, each wing is fastened to an “otter” board or trawl door. Each door is fitted with chains that can be attached to a towing cable from the trawling vessel. The resistance of the door at different angles forces them to pull in opposite directions and keeps the mouth of the net opened.

(50) “Pair trawl” shall mean any net including a trawl net, gill net or any type of seine net that is rigged for a type of fishing that involves towing the net with 2 or more vessels.

(51) “Parallel net” shall mean a gill net which is set across the mouth of a bay, arc of a beach or other restricted body of water. Finfish are gilled when the tide ebbs or flows.

(52) “Person” shall mean any individual, organization, group, business, partnership, corporation or any other type of entity.

(53) “Pound net” or “trap net” shall mean a type of entrapment gear that consists of an arrangement of netting or wire supported upon stakes or piles and has the head ropes or lines above the water or in a frame that is supported by floats and anchors. A pound net or trap net may consist of an enclosure known as the pound proper, crib or pocket which has a netting floor and section known as a heart, from the entrance of which a straight wall known as the leader or runner extends outward. There may be several combinations of hearts, pounds or pockets. Finfish are voluntarily directed by the leader towards and into the heart and/or pound, and then into the crib or pocket where they are removed periodically by various devices and methods, such as dip nets.

(54) “Power” shall mean any mechanical device operated by an engine, motor or other source of energy other than human muscle.

(55) “Purse seine” or “long net” shall mean an encircling type of net that consists of a long wall of webbing without a prominent bunt or bag. The top edge is floated with a series of floats and the bottom edge is weighted and has a drawstring which is threaded through a series of rings along the bottom of the net below the lead line. A purse seine may be set around a school of finfish by 1 or more vessels. Once the school of finfish has been completely encircled, the bottom of the net is pursed with the drawstring so that the weighted line is bunched or puckered.

(56) “Push net” shall mean a modification of the dip net. It is a shallow wire or netting mesh bag attached to a wooden or metal frame which has a handle. It is pushed over the bottom.

(57) “Recreational finfisher” shall mean any person who takes, catches, kills or reduces to possession any species of finfish taken from the tidal waters of this State by said person and who does not sell, trade or barter or attempt to sell, trade or barter said finfish.

(58) “Resident” shall mean any person who has continuously resided within this State for 1 year prior to the date in question.

(59) “Run around gill net” or “ring net” shall mean a gill net that is set around a school of finfish by 1 or more vessels. Finfish are gilled while seeking to escape the net.

(60) “Scottish seine” shall mean a trawl net that is rigged for a type of finfishing that involves herding the finfish with ropes prior to netting. It is similar to Danish seining but the vessel is moving when it retrieves the trawl net and is not anchored.

(61) “Secretary” shall mean the Secretary of the Department.

(62) “Semidrift gill net” shall mean a drift gill net that has 1 end attached to a stake or a vessel.

(63) “Spear” shall mean an instrument with 1 or more pointed barbed or barless prongs or blades that are not detachable from the handle or shaft of the instrument. It may be thrown by hand or propelled by a gun or mechanical device.

(64) “Staked gill net” shall mean a gill net held in place by stakes or poles which have been pushed or driven into the bottom.

(65) “Stop seine” or “stop net” shall mean any type of net, generally a haul seine, which is set across the mouth of a bay, arc of a beach or other restricted body of water that may cause finfish to be stranded behind the net when the tide ebbs.

(66) “Tidal water” shall mean those waters where the lunar tide regularly ebbs and flows.

(67) “Trammel net” shall mean a type of fishing gear that has 3 panels of netting which are suspended from a common float line and attached to a single bottom or weighted line. The 2 outside webs or walls of netting are of a larger mesh than the inside webbing. The inside net has a greater depth and hangs loosely between the outer panels of webbing. A finfish swimming from either side of the fishing gear passes through the larger mesh outer panel and strikes the smaller mesh middle panel and the finfish is carried through 1 of the openings of the other larger mesh panel, forming a sack or pocket in which the finfish is entrapped. A trammel net can be used to fish in ways that are similar to gill nets.

(68) “Trawl net” or “seine trawl” shall mean a bag, cone or funnel-shaped net with or without wings towed through the water or dragged over the bottom by 1 or more vessels or by motor power.

(69) “Troll line” or “troll lines” shall mean a fishing line or lines with 1 or more hooks at the free end of each line that is drawn or towed with a boat.

(70) “Vessel” shall mean any boat of any length or width.

(71) “Weir” shall mean any fixed type of fishing equipment that consists of fences made of wooden stakes or out of other materials constructed in such a manner so as to intercept or attempt to intercept finfish. The fences form successive enclosures called the heart, pound and pocket into which the finfish are directed by a prolonged fence known as a leader.
7 Del. C. § 6108 — Delaware Code / Title 7 / Chapter 61 / Section 6108
§ Â
        6108. Determination of whether lease is in the public interest.
Status: in_force

After the public hearing the Secretary shall determine whether an invitation for bidding to lease the area under consideration would be in the public interest. In such determination the Secretary shall consider whether a lease or leases of the area under consideration would:

(1) Be detrimental to the health, safety or welfare of persons residing in, owning real property or working in the neighborhood of such areas;

(2) Interfere with the residential or recreation areas to an extent that would render such areas unfit for recreational or residential uses or unfit for park purposes;

(3) Destroy, impair or interfere with the esthetic and scenic values of the Delaware coast, or other affected area;

(4) Create any air, water and other pollution;

(5) Substantially endanger marine life or wildlife;

(6) Substantially interfere with commerce or navigation; and

(7) Protect state lands from drainage of oil, gas or other minerals or objectionable substances.
7 Del. C. § 6045 — Delaware Code / Title 7 / Chapter 60 / Subchapter II-A / Section 6045
§ Â
        6045. Auction of allowances.
Status: in_force

(a) The Secretary of the Department of Natural Resources and Environmental Control is hereby authorized to establish, implement and manage an auction program to sell CO2 allowances into a market based trading program consistent with the RGGI Memorandum of Understanding (MOU) and this statute. The Secretary shall make every effort to participate in a regional allowance auction with other RGGI states but may conduct a Delaware-only auction if such individual auction is found to be in the best interests of Delaware electric ratepayers, as determined by the Secretary, and after consultation with the Delaware Public Service Commission.

(b) The Secretary need not establish, implement or manage the elements of the allowance auction program by regulation. However, the Secretary shall publish the elements of the auction program in the Delaware Register of Regulations no less than 60 days prior to Delaware’s participation in its first auction. The Secretary may modify the auction program as the Secretary deems necessary, but substantive modifications shall also be published in the Delaware Register of Regulations.

(c) Any auction of Delaware CO2 allowances shall be conducted in accordance with accepted auction practices and principles and shall seek to maximize the efficacy of the RGGI program, minimize program costs to consumers and provide a liquid, transparent market for CO2 allowances.

(d) Beginning with 2009 CO2 allowances, the Secretary shall auction 60% of allowances available to Delaware and allocate 40% to generators in proportion to their average annual emissions from 2000-2002. The percentage of allowances auctioned by the Secretary shall increase by 8% per year, such that 100% of Delaware’s allowances for 2014 shall be auctioned.
7 Del. C. § 6030 — Delaware Code / Title 7 / Chapter 60 / Subchapter II / Section 6030
§ Â
        6030. Approval of water use.
Status: in_force

No increase in the amount of water used shall be made by a user without prior approval of the Department.
7 Del. C. § 6706 — Delaware Code / Title 7 / Chapter 67 / Section 6706
§ Â
        6706. Standards attainable by properly functioning vehicles.
Status: in_force

Such codes, rules and regulations shall establish standards and requirements for the control of air contaminants which can reasonably be attained by properly functioning motor vehicles without the addition of any pollution control devices, systems, or engine modifications; provided such vehicles were not manufactured with pollution control devices, systems, or engine modifications in accordance with the “National Emission Standards Act” [42 U.S.C. § 7521 et seq.].
7 Del. C. § 2311 — Delaware Code / Title 7 / Chapter 23 / Section 2311
§ Â
        2311. Crab pot and trotline attendance; abandonment; confiscation; forfeiture.
Status: in_force

(a) (1) It shall be unlawful for any person who places, uses or sets a crab pot in the tidal waters of this State to fail to tend and remove crabs from said crab pot at least once every 72 hours.

(2) It shall be unlawful for any person to place, use, or set a crab trotline in the tidal waters of this State between the hours of 1 hour after sunset and 1 hour before sunrise.

(b) (1) Failure to tend and remove crabs from a crab pot in the tidal waters of this State at least 72 hours after said pot is tagged by the Department shall constitute abandonment of said crab pot.

(2) Failure to tend and remove crabs from a trotline in the tidal waters of this State at least 24 hours after such trotline is tagged by the Department shall constitute abandonment of said trotline.

(c) Any employee of the Department authorized to enforce this chapter shall be authorized to seize and confiscate any crab pot or trotline which has been determined to have been abandoned pursuant to subsection (b) of this section.

(d) Upon a determination that a crab pot or trotline has been abandoned and seized by the Department, ownership in said crab pot or trotline shall be forfeit to the Department.

(e) Notwithstanding the provisions set forth in subsections (a), (b) and (c) of this section, any employee of the Department authorized to enforce this chapter shall be authorized to seize any crab pot or trotline which fails to be placed, used or set in compliance with the provisions of this chapter.

(f) Title to a crab pot or trotline seized by the Department and not claimed by the lawful owner after proper notification from the Department within 90 days of said notification shall be forfeit to the Department.
7 Del. C. § 2506 — Delaware Code / Title 7 / Chapter 25 / Section 2506
§ Â
        2506. Marking of commercial lobster pots and vessels.
Status: in_force

The buoys of all lobster pots placed for commercial purposes shall be marked with the color code and number that is assigned to each commercial lobster pot licensee. All buoys must be of a positive flotation material. The lobstering vessel specified on the license shall display the color code assigned to the licensee on a panel measuring at least 2 feet by 2 feet. Said panel must be fully visible from either side of said vessel. It shall be unlawful for any person to lift any commercial lobster pot from a vessel other than the 1 corresponding to the color code on that pot buoy. Any pot attached to a buoy, which is not marked as specified in the regulation, may be confiscated by the Department. Any person guilty of removing lobsters from any commercial lobster pot from a vessel other than the 1 corresponding to the color code on that pot buoy shall be guilty of a class C environmental violation.
7 Del. C. § 7209 — Delaware Code / Title 7 / Chapter 72 / Section 7209
§ Â
        7209. Published notice.
Status: in_force

(a) The published notice shall contain a general description of the location of the property and a statement of the nature of the lease, permit or grant sought to be acquired.

(b) If the advertisement is also used to provide notice of a public hearing, it shall also give the time, date and place of the hearing, which shall occur not less than 20 days following the publication of the advertisement.
7 Del. C. § 4166 — Delaware Code / Title 7 / Chapter 41 / Subchapter IV / Section 4166
§ Â
        4166. Signatures on instruments issued by tax ditch.
Status: in_force

Any note, bond, warrant or other instrument issued by a tax ditch pursuant to this chapter shall be signed by the chairperson of the ditch managers and the chairperson’s signature shall be attested by the secretary-treasurer of the tax ditch.
7 Del. C. § 108 — Delaware Code / Title 7 / Chapter 1 / Section 108
§ Â
        108. Use of funds derived from sale of fishing licenses.
Status: in_force

All funds derived from the issuance of licenses issued by the Department for fishing shall be deposited by the Department with the State Treasurer, retained by the State Treasurer, and specifically set aside and earmarked until expended upon by proper vouchers for the purpose of matching and securing money allotted to Delaware under the acts of Congress approved September 2, 1937 (16 U.S.C. § 669 et seq. (Wildlife Restoration)) as amended, and August 9, 1950 (16 U.S.C. § 777 et seq. (Fish Restoration and Management)) as amended, to provide federal aid to the states in fish and wildlife restoration. Any balance remaining in such fund after full provision is effected to insure matching in full of federal aid to this State for wildlife and fish restoration shall be expended by the Department with approval from the Office of Management and Budget, the Controller General’s Office and the co-chairs of the Joint Finance Committee upon the fish and wildlife resources of this State in accordance with the federal guidelines to manage such fish and wildlife resources.
7 Del. C. § 6052 — Delaware Code / Title 7 / Chapter 60 / Subchapter III / Section 6052
§ Â
        6052. Definitions.
Status: in_force

Notwithstanding any definitions in Chapter 60 or 64 of this title to the contrary, the following words and phrases shall have the meaning ascribed to them in this subchapter unless the context clearly indicates otherwise.

(1) “Authority” means the Delaware Solid Waste Authority.

(2) “Beverage” means any mineral waters (but not including naturally sparkling mineral waters), soda waters or any other carbonated beverage not containing alcohol that is commonly known as a “soft drink” and any beer, ale or other malt beverage containing alcohol.

(3) “Beverage container” means any airtight nonaluminous container containing less than 2 quarts of a beverage under pressure of carbonation.

(4) “Dealer” means any person who engages in the sale of beverages in beverage containers to a consumer and shall include groups of retailers or retail chains.

(5) “Multi-family” means 3 or more attached structures, such as condominiums or apartments, generally intended for occupancy by individuals or families and where centralized community trash disposal and collection services are typically provided.

(6) “Municipal solid waste” means wastes such as durable goods, nondurable goods, containers and packaging, food scraps, organic yard waste and miscellaneous inorganic waste from residential (i.e. household), commercial, institutional and industrial sources such as appliances, automobile tires, old newspapers, clothing, disposal tableware, office and classroom paper, wood pallets, and cafeteria wastes. Municipal solid waste does not include solid wastes from other sources such as construction and demolition debris, auto bodies, municipal sludges, combustion ash and industrial process wastes.

(7) “On-premises sales” means sales transactions in which beverages are purchased by a consumer for immediate consumption within the area under the control of the dealer.

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

(9) “Recyclable material” or “recyclables” means any material or group of materials that can be collected and sold or used for recycling.

(10) “Recycling” means the process by which solid wastes are separated for use as raw materials, products or replacement of products, including the reuse of organic yard waste, but does not include the incineration of materials for energy.

(11) “Residential waste” means the solid waste generated in occupied single-family and multi-family structures. Also referred to as “household waste”.

(12) “Single-family” means either a detached structure (i.e. a house) surrounded by open space or attached structures, such as town or row homes, generally intended for occupancy by a family and where individual trash collection services are typically provided for each structure.

(13) “Single stream” means a system in which all fibers (including but not limited to paper, cardboard, etc.) and containers (including but not limited to plastic, glass and metal) are commingled for collection into 1 container instead of being sorted into separate commodities and multiple containers.

(14) “Source-separated” means recyclable materials, including single stream recyclables, are segregated at the point of generation and kept apart from the waste stream by the generator thereof for the purpose of collection and recycling.
7 Del. C. § 6142 — Delaware Code / Title 7 / Chapter 61 / Section 6142
§ Â
        6142. Violations; enforcement; civil and criminal penalties.
Status: in_force

(a) The Secretary shall enforce this chapter.

(b) Whoever violates this chapter, or any rule, or regulation, or condition of a lease or permit issued pursuant to authority granted in this chapter or an order of the Secretary shall be punishable as follows:

(1) If the violation has been completed, by a civil penalty of not less than $1,000 nor more than $10,000 for each completed violation. Each day of continued violation shall be considered as a separate violation. The Superior Court shall have jurisdiction of a violation in which a civil penalty is sought.

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

(c) Whoever violates this chapter, or any rule, or regulation promulgated thereunder or any rule or regulation in effect at the time of the enactment of this chapter or any lease or permit condition, or any order of the Secretary, shall be punished by a criminal penalty of not less than $50 nor more than $500 for each violation. Each day of violation shall be considered as a separate violation. The Courts of the Justice of the Peace shall have jurisdiction of offenses under this subsection.

(d) Any person who knowingly makes any false statement, representation or certification in any application, record, report, plan or other document filed or required to be maintained under this chapter, or under any lease or permit, rule, regulation or order issued under this chapter, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required to be maintained under this chapter, shall upon conviction be punished by a fine of not less than $500 nor more than $5,000 or by imprisonment for not more than 6 months, or both. The Superior Court shall have jurisdiction of offenses under this subsection.
7 Del. C. § 7424 — Delaware Code / Title 7 / Chapter 74 / Subchapter II / Section 7424
§ Â
        7424. Loan payment mechanism; prepayment and security options.
Status: in_force

(a) Except as provided in subsection (b) of this section, small stations shall make their loan payments under this program through a surcharge of not less than $0.01 per gallon for each gallon for which fuel taxes are assessed, to be paid with the fuel tax returns filed each month by themselves or their distributors/suppliers on their behalf, pursuant to the provisions of Chapter 51 of Title 30. The surcharge is not to be treated as a fuel tax payment, and will be applied to the credit of the small station on the unpaid balance of principal and interest on the loan.

(b) In addition to the payment mechanism set forth in subsection (a) of this section, as well as other methods of secured repayment provided for pursuant to § 7422(b) of this title, small stations may also make larger loan payments through other mechanisms approved under § 7422(b) of this title, to enable the small station to prepay the loan without penalty.
7 Del. C. § 7307 — Delaware Code / Title 7 / Chapter 73 / Section 7307
§ Â
        7307. Additional powers and duties of Department.
Status: in_force

In furtherance of the purposes of this chapter and in implementation of the powers and duties elsewhere provided in this chapter, the Department shall have the following additional powers and duties:

(1) To formulate policies for the selection, acquisition, use, management and protection of nature preserves;

(2) To formulate policies for the selection of areas suitable for registration under this chapter;

(3) To formulate policies for the dedication of areas as nature preserves;

(4) To determine, supervise and control the management of nature preserves and to make, publish and amend from time to time rules and regulations necessary or advisable for the use and protection of nature preserves;

(5) To encourage and recommend the dedication of areas as nature preserves;

(6) To make surveys and maintain registries and records of unique natural areas within the State;

(7) To carry on interpretive programs and publish and disseminate information pertaining to nature preserves and other areas within the State; and

(8) To promote and assist in the establishment, restoration and protection of, and advise in the management of, natural areas and other areas of educational or scientific value and otherwise to foster and aid in the establishment, restoration and preservation of natural conditions within the State elsewhere than in the system.
7 Del. C. § 6609 — Delaware Code / Title 7 / Chapter 66 / Section 6609
§ Â
        6609. Public hearings.
Status: in_force

Any public hearing held by the Secretary or the Board concerning a regulation, permit application or alleged violation or appeal shall be conducted as follows:

(1) Notification shall be served upon the applicant, alleged violator, or appellant as summonses are served by registered or certified mail not less than 20 days before the time of said hearing. Not less than 20 days’ notice shall also be published in a daily newspaper of general circulation throughout the State and a newspaper of general circulation in the county in which the activity is proposed. Such notice shall also be sent by mail simultaneously to persons who have listed their names and addresses with the Secretary to be notified. Such notice shall also be sent by mail simultaneously to all adjoining property owners. Notice shall outline the area concerned, activity involved, and the location where the application for a permit or other pertinent material is available for inspection.

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

(3) A verbatim transcript of testimony at the hearing shall be prepared and shall, along with the exhibits and other documents introduced by the Secretary or other party, constitute the record.

The Secretary or the Secretary’s duly authorized designee or the Board or its duly authorized designee shall make findings of fact based on the record. The Secretary or the Board shall then enter such order as will best further the purpose of this chapter, and shall state reasons. The Secretary or the Board shall promptly give written notice to the persons affected by such order.
7 Del. C. § 4706 — Delaware Code / Title 7 / Chapter 47 / Subchapter I / Section 4706
§ Â
        4706. Zoning and use.
Status: in_force

Notwithstanding any provision of this chapter to the contrary, no state park, or any part thereof, or other area acquired primarily for recreational use, shall be rezoned, neither shall there be a change in the use of any such lands requiring a variance or subdivision approval, except upon 45 days prior notice to all elected members of the General Assembly in whose district such lands, or any part thereof, lie.
7 Del. C. § 3710 — Delaware Code / Title 7 / Chapter 37 / Section 3710
§ Â
        3710. Reports.
Status: in_force

The University shall compile or require to be made such reports as it determines to be necessary or proper in order to ascertain whether any plans provided for in this chapter are being carried out according to their terms. The University shall provide for compliance, on the part of all persons and agencies participating in the administration of any such plan, with such requirements, and may make, or cause to be made, such investigations as it determines to be necessary or proper to assure the correctness of and to make possible the verification of such reports.
7 Del. C. § 1914 — Delaware Code / Title 7 / Chapter 19 / Section 1914
§ Â
        1914. Disposition of evidence.
Status: in_force

In the event that any shellfish are seized as evidence as a result of an investigation or an arrest for any violation of the statutes or regulations governing shellfish in the State, said shellfish shall be disposed of as deemed appropriate by the Department.
7 Del. C. § 6118 — Delaware Code / Title 7 / Chapter 61 / Section 6118
§ Â
        6118. Restoration of visible lands to original condition.
Status: in_force

Upon any partial or total termination, surrender or forfeiture of its permit or lease, the Secretary may require that the permittee or lessee, within a reasonable time, restore that portion of the premises that is visible at extreme low tide, to substantially its original condition.
7 Del. C. § 6206 — Delaware Code / Title 7 / Chapter 62 / Section 6206
§ Â
        6206. Service of process on owners or operators of vessels or facilities who are nonresidents or corporations not incorporated in Delaware.
Status: in_force

(a) Any nonresident who, either in person or through others, owns or operates a vessel or facility in or upon the lands or waters of this State or any nonresident who, either in person or through others, owns or operates a vessel or facility outside the State, which while located outside the State causes an incident in or upon the lands or waters of the State shall be deemed thereby to have submitted himself or herself to the jurisdiction of the courts of this State and to have appointed and constituted the Secretary of State of this State or the Secretary’s designee as his or her agent for the acceptance of legal process in any action under this chapter. The force, validity and effect of service of process under this subsection as well as the procedure for effectuating said service shall be governed in all respects by § 3104 of Title 10.

(b) Any corporation, not incorporated in this State, which itself or through others owns or operates a vessel or facility in or upon the lands or waters of this State or any such corporation which itself or through others owns or operates a vessel or facility outside the State which, while outside the State, causes an incident in or upon the lands or waters of this State, shall be deemed thereby to have sufficient contacts with this State to have submitted itself to the jurisdiction of the courts of this State. The force, validity and effect of service of process under this subsection as well as the procedure for effectuating said service shall be governed in all respects by § 3111 of Title 10.
7 Del. C. § 724 — Delaware Code / Title 7 / Chapter 7 / Subchapter I / Section 724
§ Â
        724. Wilful obstruction or impeding of lawful hunting, fishing or trapping activities.
Status: in_force

(a) No person shall wilfully obstruct or impede the participation of any individual in:

(1) The lawful taking of fish, crabs, oysters, clams or frogs; or

(2) The lawful hunting of any game birds or animals; or

(3) The lawful trapping of any game animals.

(b) Whoever violates this section shall be guilty of a class B environmental misdemeanor.

(c) Hunting, trapping or fishing activities while trespassing upon the private lands of another person, persons or corporation shall not be considered lawful hunting, trapping or fishing activities for purposes of this section.

(d) The conduct declared unlawful in this section shall not include any incidental interference arising from lawful activities normally conducted within the general area.

(e) This section shall not apply to law-enforcement personnel acting in the lawful performance of their duties.
7 Del. C. § 6618 — Delaware Code / Title 7 / Chapter 66 / Section 6618
§ Â
        6618. Inconsistent laws superseded; all other laws unimpaired.
Status: in_force

All laws or ordinances inconsistent with any provision of this chapter are hereby superseded to the extent of the inconsistency; provided, that present and future zoning powers of all counties and municipalities, to the extent that said powers are not inconsistent with this chapter, shall not hereby be impaired; and provided, that a permit granted under this chapter shall not authorize an activity in contravention of county or municipal zoning regulations.
7 Del. C. § 6019 — Delaware Code / Title 7 / Chapter 60 / Subchapter II / Section 6019
§ Â
        6019. Voluntary compliance.
Status: in_force

Nothing in this chapter shall prevent the Department from making efforts to obtain voluntary compliance by way of warning, notice or other educational means; this section does not, however, require that such voluntary methods be used before proceeding by way of compulsory enforcement.
7 Del. C. § 6812 — Delaware Code / Title 7 / Chapter 68 / Section 6812
§ Â
        6812. Short title.
Status: in_force

This chapter may be known, styled or referred to as the “Beach Preservation Act.”
7 Del. C. § 2804 — Delaware Code / Title 7 / Chapter 28 / Section 2804
§ Â
        2804. Minimum size.
Status: in_force

It shall be unlawful for any person to possess any conch which measures less than a minimum possession size limit specified in regulations promulgated by the Department. The Department is authorized to promulgate regulations to establish the minimum possession size limit of conchs.