reglab/housing_qa huggingface dataset:
7 DE Code § 4001. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 40. Erosion and Sedimentation Control|§ 4001. Legislative findings and statement of policy.

§ 4001. Legislative findings and statement of policy. (a) Legislative findings. — The General Assembly finds that erosion and sedimentation continue to present serious problems throughout the State, and that the removal of a stable ground cover in conjunction with the decrease in the infiltration capability of soils resulting from the creation of additional impervious areas such as roads and parking lots has accelerated the process of soil erosion and sediment deposition resulting in pollution of the waters of the State. This damages domestic, agricultural, industrial, recreational, fish and wildlife and other resource uses. The General Assembly further finds that accelerated stormwater runoff increases flood flows and velocities, contributes to erosion, sedimentation, and degradation of water quality, overtaxes the carrying capacity of streams and storm sewers, greatly increases the costs of public facilities in carrying and controlling stormwater, undermines flood plain management and flood control efforts in downstream communities, reduces groundwater recharge, and threatens public health, welfare, and safety. (b) Statement of policy. — In consideration of these legislative findings, it is declared to be the policy of this chapter to strengthen and extend the present erosion and sediment control activities and programs of this State for both rural and urban lands and to provide for control and management of stormwater runoff consistent with sound water and land use practices. These activities will reduce to the extent possible any adverse effects of stormwater runoff on the water and lands of the State. This policy, to be carried out by establishing and implementing by the Department of Natural Resources and Environmental Control, hereinafter referred to as the “Department,” in cooperation with conservation districts, counties, municipalities and other local governments and subdivisions of this State, and other public and private entities, a statewide comprehensive and coordinated erosion and sediment control and stormwater management program to conserve and protect land, water, air and other resources of the State. This program shall be consistent with, and coordinated with other environmental programs implemented by the Department such as wetlands protection and groundwater protection. 61 Del. Laws, c. 522, §  1;  67 Del. Laws, c. 234, §  1;
7 DE Code § 4003. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 40. Erosion and Sedimentation Control|§ 4003. Duties of persons engaged in land disturbing activities.

§ 4003. Duties of persons engaged in land disturbing activities. (a) After July 1, 1991, unless exempted, no person shall engage in land disturbing activities without submitting a sediment and stormwater management plan to the appropriate plan approval authority and obtaining a permit to proceed. (b) Projects which do not alter stormwater runoff characteristics may be required to provide water quality enhancement even if the predevelopment runoff characteristics are unchanged. Criteria will be detailed in the regulations regarding level of water quality control and variance procedures. (c) Each land developer shall certify, on the sediment and stormwater management plan submitted for approval, that all land clearing, construction, development, and drainage will be done according to the approved plan. (d) All approved land disturbing activities shall have associated therein at least 1 individual who functions as responsible personnel. 61 Del. Laws, c. 522, §  1;  67 Del. Laws, c. 234, §  1;
7 DE Code § 4003A. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 40. Erosion and Sedimentation Control|§ 4003A. Runoff Control near Mill Creek, Little Mill, Red Clay, White Clay Creek, Persimmon Creek and Shellpot Creek.

§ 4003A. Runoff Control near Mill Creek, Little Mill, Red Clay, White Clay Creek, Persimmon Creek and Shellpot Creek. All land development subject to this chapter in the Mill Creek, Little Mill Creek, Red Clay Creek, White Clay Creek, Persimmon Creek and Shellpot Creek watersheds of New Castle County will, in addition to meeting all other requirements for stormwater management, be required to demonstrate successful management of any increase in stormwater runoff volume from predevelopment land use conditions. Successful management of increased stormwater volume shall include but not be limited to; recharge, infiltration and reuse where soils and site conditions are applicable. For any increase in volume that cannot be recharged, infiltrated or reused, volume management may be achieved by modifying the release rate for the increase in volume so as not to increase the flood elevation for all storms up to and including the 100-year return period. 75 Del. Laws, c. 433, §  1;
7 DE Code § 4004. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 40. Erosion and Sedimentation Control|§ 4004. Applicability.

§ 4004. Applicability. (a) The provisions of this chapter shall not apply to agricultural land management practices unless the conservation district or the Department determines that the land requires a new or updated soil and water conservation plan, and the owner or operator of the land has refused either to apply to a conservation district for the development of such a plan, or to implement a plan developed by a conservation district. (b) The Department shall adopt standard plans for the construction of agriculture structures and it shall not be necessary for any person seeking approval to submit a sediment and stormwater management plan. (c) Utility projects disturbing less than 5,000 square feet of land are not subject to the provisions of this chapter. (d) Subject to sediment and erosion controls, land disturbing activities of 1 acre or less, excluding nonresidential properties, are not subject to the provisions of this chapter. (e) Land disturbing activities not subject to the land management practices set forth in subsection (a) of this section which are conducted on 10 acres or less of agricultural lands for agricultural purposes shall be subject to standard plans adopted by the Department, and it shall not be necessary for any person seeking approval to submit a detailed sediment and stormwater management plan. (f) Subject to water quality management and sediment and erosion controls, nonerosive conveyances of stormwater discharges from land disturbing activities which drain into tidal areas and tidal waters are not subject to the quantity management provisions of this chapter. (g) Linear water and wastewater utility projects that have a maximum width of disturbance of 30 feet or less and with a maximum total disturbance of 1 acre or less are: (i) subject to Erosion and Sediment Control regulations adopted by the Department, and (ii) exempt from Stormwater Management regulation adopted by the Department. For the purposes of this section “erosion and sediment control” means the control of solid material, both mineral and organic, during a land disturbing activity, to prevent its transport out of the disturbed area by means of wind, water, gravity, or ice. For the purposes of this section “stormwater management” means:  (1) For water quantity control, a system of vegetative, structural, and other measurers that controls the volume and rate of stormwater runoff which may be caused by land disturbing activities upon the land; and (2) For water quality control, a system of vegetative, structural, and other measures that controls adverse effects on water quality that may be caused by land disturbing activities upon the land. (h) [Expired.] 61 Del. Laws, c. 522, §  1;  67 Del. Laws, c. 234, §  1;  80 Del. Laws, c. 274, § 2;  80 Del. Laws, c. 392, § 1;  81 Del. Laws, c. 316, §§   2, 7;
7 DE Code § 4005. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 40. Erosion and Sedimentation Control|§ 4005. Program funding and financial assistance.

§ 4005. Program funding and financial assistance. (a) The Department, conservation districts, counties or municipalities are authorized to receive from federal, state, or other public or private sources financial, technical or other assistance for use in accomplishing the purposes of this chapter. The Department may allocate, as necessary or desirable, any funds received to conservation districts, counties or municipalities for the purpose of effectuating this chapter. (b) The conservation districts, counties and municipalities shall have authority to adopt a fee system to help fund program implementation. That fee system shall be implemented by the designated plan approval agency to fund overall program management, plan review, construction review, enforcement needs and maintenance responsibilities. In those situations where the Department becomes the designated plan approval agency, the Department may assess a plan review and inspection fee. That fee shall not exceed $80 per disturbed acre per project. There shall be no duplication of fees by the various implementing agencies for an individual land disturbing activity and the fee schedule shall be based upon the costs to the Department, conservation districts, counties or municipalities to implement and administer the program. In addition, the Department of Transportation is authorized to act as the designated plan approval agency in those situations where a public utility engages in land-disturbing activity for which a permit is required because of a project initiated by the Department of Transportation, subject to the following provisions:  (1) If the land-disturbing activity takes place on an existing right-of-way of the Department of Transportation, that Department is permitted to assess and collect a fee for this purpose which shall not exceed $125 per acre, with a $250 minimum. (2) If the land-disturbing activity takes place adjacent to but not upon an existing right-of-way of the Department of Transportation, the fee contemplated by paragraph (b)(1) of this section is waived. (c) Authority is also granted to the Department, conservation districts, counties or municipalities to establish a stormwater utility as an alternative to total funding under the fee system. The stormwater utility shall be developed for the designated watersheds and may fund such activities as long range watershed master planning, watershed retrofitting, and facility maintenance. This fee system shall be reasonable and equitable so that each contributor of runoff to the system, including state agencies, shall pay to the extent to which runoff is contributed. Criteria for the implementation of the stormwater utility shall be established in regulations promulgated under this chapter. The implementation of a stormwater utility will necessitate the development of a local utility ordinance prior to its implementation. 61 Del. Laws, c. 522, §  1;  67 Del. Laws, c. 234, §  1;  70 Del. Laws, c. 177, §  1;
7 DE Code § 4007. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 40. Erosion and Sedimentation Control|§ 4007. Local sediment and stormwater programs.

§ 4007. Local sediment and stormwater programs. (a) Pursuant to regulations promulgated by the Department, each conservation district, county, municipality or state agency may adopt, and submit to the Department for approval, 1 or more components of a sediment and stormwater program for the area within its jurisdiction. (b) Requests for delegation of program elements shall be submitted within 6 months of the promulgation of state regulations, and by January 1 of subsequent years if delegation is desired at a future date. The Secretary shall grant or deny such a request on or before April 1 of the year for which delegation is sought. (c) Delegation, once applied for, shall become effective on July 1 and shall not exceed 5 years, at which time delegation renewal is required. (d) A district, county, municipality or state agency may develop the program in cooperation with any other governmental subdivisions. (e) Initial consideration regarding delegation of program elements shall be given to the conservation districts, since the conservation districts, having unique capabilities and areawide responsibilities, are in an ideal position to coordinate and implement local sediment and stormwater programs. 61 Del. Laws, c. 522, §  1;  67 Del. Laws, c. 234, §  1;  81 Del. Laws, c. 316, § 4;
7 DE Code § 4008. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 40. Erosion and Sedimentation Control|§ 4008. Interim program.

§ 4008. Interim program. (a) Prior to July 1, 1991, requirements for sediment control shall be as provided in existing erosion and sediment control regulations promulgated September 26, 1980. Also, until July 1, 1991, any state or locally developed regulation or criterion for stormwater management shall remain in effect at the discretion of the implementing authority. (b) Projects approved prior to July 1, 1991, but which are under construction after July 1, 1991, shall be subject to the penalty provisions contained in § 4015 of this title. 61 Del. Laws, c. 522, §  1;  67 Del. Laws, c. 234, §  1;
7 DE Code § 4009. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 40. Erosion and Sedimentation Control|§ 4009. Failure of conservation districts, counties, municipalities or state agencies to implement delegated program elements.

§ 4009. Failure of conservation districts, counties, municipalities or state agencies to implement delegated program elements. (a) If, at any time, the Department finds that a conservation district, county, municipality or state agency has failed to implement program elements that the Department has delegated, the Department shall provide written notice of violation to the conservation district, county, municipality or state agency. (b) Within 60 days of receipt of the notice of violation, the conservation district, county, municipality or state agency shall report to the Department the action which it has taken to comply with the requirements set forth in the violation notice. (c) If after 120 days of receipt of the notice of violation, the conservation district, county, municipality or state agency has failed to comply satisfactorily with requirements set forth in the notice of violation, the Department may suspend or revoke the delegated authority. (d) If at any time, a program element delegation is being considered for suspension or revocation, an opportunity for a hearing before the Secretary or the Secretary's designee shall be provided prior to such suspension or revocation. 61 Del. Laws, c. 522, §  1;  67 Del. Laws, c. 234, §  1;  70 Del. Laws, c. 186, §  1;
7 DE Code § 4010. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 40. Erosion and Sedimentation Control|§ 4010. State and federal projects.

§ 4010. State and federal projects. After July 1, 1991, a state or federal agency may not undertake any land clearing, soil movement, or construction activity unless the agency has submitted a sediment and stormwater management plan to the Department and received its approval. The only variation to this requirement shall be when delegation of the plan approval process has been granted by the Department to a specific state or federal agency. 61 Del. Laws, c. 522, §  1;  67 Del. Laws, c. 234, §  1;
7 DE Code § 4011. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 40. Erosion and Sedimentation Control|§ 4011. Designated watersheds or subwatersheds.

§ 4011. Designated watersheds or subwatersheds. (a) Watersheds or subwatersheds approved as designated watersheds or subwatersheds by the Department shall have the regulatory requirements clearly specified through a watershed approach to nonpoint pollution control or flood control. The watershed approach shall result in a specific plan, developed or approved by the Department, for the designated watershed or subwatershed that contains the following information:  (1) Stormwater quantity or quality problem identification; (2) The overall needs of the watershed, not just the additional impacts of new development activities; (3) Alternative approaches to address the existing and future problems; (4) A defined approach which includes the overall costs and benefits; (5) A schedule for implementation; (6) Funding sources and amounts; and (7) A public hearing process prior to departmental approval. (b) Upon approval of the designated watershed or subwatershed plan, all projects undertaken in that watershed or subwatershed shall have stormwater requirements placed upon them that are consistent with the designated watershed or subwatershed plan. 67 Del. Laws, c. 234, §  1;
7 DE Code § 4012. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 40. Erosion and Sedimentation Control|§ 4012. Construction review and enforcement.

§ 4012. Construction review and enforcement. (a) With respect to approved sediment and stormwater plans, the agency responsible for construction review during and after construction completion shall ensure that periodic reviews are undertaken, implementation is accomplished in accordance with the approved plans, and the required measures are functioning in an effective manner. Notice of such right of construction review shall be included in the sediment and stormwater management plan certification. The agency responsible for construction review may, in addition to local enforcement options, refer a site violation to the Department for additional action. (b) Referral of a site violation to the Department may initiate a departmental construction review of the site to verify site conditions. That construction review may result in the following actions:  (1) Notification through appropriate means to the person engaged in a land disturbing activity and the contractor to comply with the approved plan within a specified time frame. (2) Notification of plan inadequacy, with a time frame for the person engaged in a land disturbing activity to submit a revised sediment and stormwater plan to the appropriate plan approval agency and to receive its approval with respect thereto. (c) Failure of the person engaged in the land disturbing activity or the contractor to comply with departmental requirements may result in the following actions in addition to other penalties as provided in this chapter. (1) The Department shall have the power to issue a cease and desist order to any person violating any provision of this chapter by ordering such person to cease and desist from any site work activity other than those actions necessary to achieve compliance with any administrative order. (2) The Department may request that the appropriate plan approval agency refrain from issuing any further building or grading permits to the person having outstanding violations until those violations have been remedied.61 Del. Laws, c. 522, §  1;  66 Del. Laws, c. 202, §  1;  67 Del. Laws, c. 234, §  1;
7 DE Code § 4014. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 40. Erosion and Sedimentation Control|§ 4014. Training of responsible personnel.

§ 4014. Training of responsible personnel. After July 1, 1991, any applicant seeking sediment and stormwater plan approval shall certify to the appropriate approval agency that all responsible personnel involved in the construction project will have a certificate of attendance at a departmentally sponsored or approved training course for the control of sediment and stormwater before initiation of any land disturbing activity. The certificate of attendance shall be valid until the Department notifies the individual or announces in local newspapers that recertification is required due to a change in course content. 67 Del. Laws, c. 234, §  1;
7 DE Code § 4015. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 40. Erosion and Sedimentation Control|§ 4015. Penalties.

§ 4015. Penalties. (a) Any person who violates any rule, regulation, order, condition imposed in an approved plan or other provision of this chapter shall be fined not less than $200 or more than $2,000 for each offense. Each day that the violation continues shall constitute a separate offense. The Justice of the Peace Courts shall have jurisdiction of offenses brought under this subsection. (b) Any person who intentionally, knowingly, and after written notice to comply, violates or refuses to comply with any notice issued pursuant to § 4012 of this title shall be fined not less than $500 or more than $10,000 for each offense. Each day the violation continues shall constitute a separate offense. The Superior Court shall have jurisdiction of offenses brought under this subsection. 61 Del. Laws, c. 522, §  1;  66 Del. Laws, c. 196, §§  1, 2;  67 Del. Laws, c. 234, §  1;  69 Del. Laws, c. 349, §  1;
7 DE Code § 4016. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 40. Erosion and Sedimentation Control|§ 4016. Injunctions.

§ 4016. Injunctions. The Court of Chancery shall have jurisdiction to enjoin violations of this chapter. The appropriate program element authority, the Department or any aggrieved person who suffers damage or is likely to suffer damage because of a violation or threatened violation of this chapter may apply to the Chancery Court for injunctive relief. Among any other appropriate forms of relief, the Chancery Court may direct the violator to restore the affected land or water impacted area to its original condition. 61 Del. Laws, c. 522, §  1;  67 Del. Laws, c. 234, §  1;
7 DE Code § 4017. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 40. Erosion and Sedimentation Control|§ 4017. Redevelopment criteria.

§ 4017. Redevelopment criteria. 81 Del. Laws, c. 316, § 5;  expired by operation of 81 Del. Laws, c. 316, §  7, eff. Feb. 10, 2019;
7 DE Code § 4201. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 42. Dam Safety|§ 4201. Purpose.

§ 4201. Purpose. It is the purpose of this chapter to provide for the proper design, construction, operation, maintenance and inspection of dams in the interest of public health, safety, and welfare, in order to reduce the risk of failure of dams and to prevent injuries to persons, damage to downstream property and loss of reservoir storage. 74 Del. Laws, c. 392, §  1;