reglab/housing_qa huggingface dataset:
7 DE Code § 6035. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 60. Environmental Control|Subchapter II. Powers and Duties of Secretary and Department|§ 6035. Vessel sewage discharge.

§ 6035. Vessel sewage discharge. (a) Marina owners/operators for marinas that are located in whole or in part on tidal waters of the State, and that provide dockage for vessels with a portable toilet or toilets or Type III marine sanitation device or devices (MSD), shall provide convenient access, as determined by the Department, to an approved, fully operable and well maintained pumpout facility or facilities and/or dump station or stations for the removal of sewage from said vessels to a Department approved sewage disposal system. (b) (1) Owners/operators may agree to pool resources for a single pumpout dump station with Departmental approval based on criteria of number and class of vessels, marina locations, cost per pumpout use, and ultimate method of sewage treatment and disposal (i.e. septic system or waste water treatment facility). (2) The owner/operator of any boat docking facility that is located in whole or in part on tidal waters of the State, and that provides dockage for a live-aboard vessel or vessels with a Type III marine sanitation device or devices, shall install and maintain at all times, in a fully operable condition, an approved dedicated pumpout facility at each live-aboard vessel slip for the purpose of removing sewage from the live-abroad vessel on a continuous or automatic, intermittent basis to a Department approved sewage disposal system. (3) Any discharge, by any means, of untreated or inadequately treated vessel sewage into or upon the waters of any marina, boat docking facility or tidal water of the State is prohibited. (4) All vessels while on waters of the State shall comply with 33 U.S.C. § 1322, as amended February 4, 1987. (5) The Secretary shall have authority to adopt reasonable rules and regulations to implement this section.66 Del. Laws, c. 275, §  2;  68 Del. Laws, c. 137, §  3;  68 Del. Laws, c. 403, §§  3-6;
7 DE Code § 6037B. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 60. Environmental Control|Subchapter II. Powers and Duties of Secretary and Department|§ 6037B. Recreational water.

§ 6037B. Recreational water. (a) The Secretary shall provide for the sanitary control of natural swimming and bathing places. (b) The Secretary shall consult with the Director of the Division of Public Health prior to making any recommendations on swimming or bathing conditions that pose a significant risk to the public health. 69 Del. Laws, c. 302, §  8;
7 DE Code § 6038. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 60. Environmental Control|Subchapter II. Powers and Duties of Secretary and Department|§ 6038. Borrow pits.

§ 6038. Borrow pits. (a) The Secretary shall develop, implement and enforce, and may amend, modify and repeal, after notice and public hearing, a program to protect the waters of the State from adverse environmental impacts relating to the operation of borrow pits. In addition to any other authority which the Secretary may exercise for the purpose under this chapter or other chapters of the Delaware Code, the Secretary may:  (1) Require borrow pit owners/operators to obtain operating permits from the Department of Natural Resources and Environmental Control; (2) Require reclamation of abandoned pits by owners/operators; (3) Require borrow pit owners/operators to secure the borrow pit premises from illegal dumping, disposal of wastes or vandalism; and (4) Adopt, amend, modify or repeal rules or regulations to effectuate this section. (b) Fees may be collected or charged for permits to be issued under this section in an amount determined by the issuing authority, which fee shall not exceed the sum of $80 per disturbed acre, per year, per project. (c) The Secretary may delegate all or part of the program to any county having rules or regulations governing borrow pits which, upon a finding by the Secretary, are at least equivalent to state requirements. 67 Del. Laws, c. 353, §  1;
7 DE Code § 6040. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 60. Environmental Control|Subchapter II. Powers and Duties of Secretary and Department|§ 6040. Requirement for scrap tire piles; enforcement.

§ 6040. Requirement for scrap tire piles; enforcement. (a) The following definitions shall apply to this section:  (1) “Operator” means any person or entity who has or had a contractual or other responsibility for security, maintenance, sales or operations of a scrap tire pile or of any real property on which a scrap tire pile is located, at any time after July 20, 1999; provided that this definition does not include a person or entity whose only ownership interest is as a mortgagee. (2) “Owner” means any person or entity who has or had legal or equitable ownership interest in a scrap tire pile, or in any real property on which a scrap tire pile is located, at any time after July 20, 1999. (3) “Scrap tire” means:  a. A tire that is no longer prudent or practical for vehicular use; or b. A tire that has not been used on a vehicle for more than 6 months after the last date it was used on a vehicle. (4) “Scrap tire pile” means an accumulation of 100 or more scrap tires, whether or not they are lying 1 upon another, that:  a. Has been accumulated or located in the same general vicinity, or accumulated or located on a parcel of real property; and b. Is not enclosed by a building. (5) “Tire” means a covering fitting around the rim of a vehicular wheel to absorb shocks, usually of reinforced rubber or a rubberized compound, and pressurized with air or by a pneumatic inner tube, and typically weighing approximately 25 pounds. Included in this meaning is any substantial portion of such covering, and any weight tires including truck tires. (b) The Secretary shall, after notice and public hearing, promulgate regulations to establish standards for storage of scrap tires. Such standards shall include:  (1) A limit on the number of scrap tires that may be stored at any given location; (2) A limit on the length of time that scrap tires may be stored at a given location; (3) Appropriate mosquito control methods to be employed at scrap tire piles; and (4) Proper methods for managing scrap tire piles.72 Del. Laws, c. 205, §  1;  75 Del. Laws, c. 346, §§  1-6;
7 DE Code § 6041. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 60. Environmental Control|Subchapter II. Powers and Duties of Secretary and Department|§ 6041. Scrap Tire Management Fund.

§ 6041. Scrap Tire Management Fund. (a) There shall be established in the State Treasury and in the accounting system of the State a special fund to be known as the Scrap Tire Management Fund (“the Fund”). (b) The following moneys shall be deposited into the Fund:  (1) All fees collected by the State pursuant to § 2910 of Title 30; (2) The State Treasurer shall credit to the Scrap Tire Management Fund such amount of interest as determined by this paragraph upon such Fund. On the last day of each month, the State Treasurer shall credit the Fund with interest on the average balance in the Fund for the preceding month. The interest to be paid to the Fund shall be that proportionate share, during such preceding month, of interest to the State as the Fund's and the State's average balance is to the total State's average balance; and (3) Any other money appropriated or transferred to the account by the General Assembly. (c) Money in the Fund may be used by the Secretary only to carry out the purposes of this section, including but not limited to the following activities. (1) Conducting a comprehensive inventory of scrap tire piles in the State. (2) Developing and implementing a scrap tire pile registration program. (3) Implementing a program to clean up the scrap tire piles in existence in Delaware on June 30, 2006. (4) Providing for state matching funds for the cleanup of scrap tire piles that have been registered in accordance with the scrap tire pile registration program referenced in paragraph (c)(2) of this section. For each registered scrap tire pile, the Fund shall cover 90% of the cost of cleaning up the pile. The owner and operator shall pay 10% of the cost of cleaning up the pile, unless they satisfactorily demonstrate the inability to pay that cost. (5) Paying the total cost of cleaning up scrap tire piles located on abandoned properties and on estate properties where the inheritors do not register the scrap tire piles in accordance with the scrap tire pile registration program referenced in paragraph (c)(2) of this section. For such abandoned and estate properties, the Department shall place liens on the properties in order to recoup the entire cleanup cost upon sale of the properties. (6) Payment to the Division of Revenue for the costs of administering § 2910 of Title 30. (d) No greater than 15% of the moneys deposited into the Fund shall be used for administering this section without approval of the Joint Finance Committee. (e) Prior to January 1, 2009, the Department shall prepare and submit to the Governor and the General Assembly a joint report on the progress made toward cleaning up the scrap tire piles in the State. Such report shall include recommendations for extension, modification, or termination of the Scrap Tire Management Fund and § 2910 of Title 30. 74 Del. Laws, c. 203, §  2;  75 Del. Laws, c. 88, §  21(4);  75 Del. Laws, c. 346, §  7;
7 DE Code § 6044. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 60. Environmental Control|Subchapter II-A. Regional Greenhouse Gas Initiative and Co|2| Emission Trading Program|§ 6044. Regional Greenhouse Gas Initiative.

§ 6044. Regional Greenhouse Gas Initiative. (a) The General Assembly explicitly authorizes and sanctions the prior and ongoing participation of the Secretary of the Department of Natural Resources and Environmental Control, and the Chair of the Public Service Commission, and their duly authorized representatives, as part of their official duties, to implement and participate in the Regional Greenhouse Gas Initiative (RGGI). (b) Representatives of the RGGI states have formed a nonprofit corporation called “RGGI Inc.” to assist in the development of the regional program for reducing CO2 emissions. The General Assembly explicitly authorizes and sanctions the prior and ongoing participation in RGGI Inc. by the Secretary of the Department of Natural Resources and Environmental Control, and the Chair of the Public Service Commission, and their duly authorized representatives, as part of their official duties. The State may contract with RGGI Inc, pay dues to RGGI Inc, and transfer funds to RGGI Inc. to facilitate implementation of the RGGI program. (c) The Secretary of the Department of Natural Resources and Environmental Control is herein authorized to promulgate regulations to implement the RGGI cap and trade program consistent with the RGGI Memorandum of Understanding, as amended. (d) No person that is required by regulation to hold CO2 allowances shall operate in Delaware unless it holds CO2 allowances as required by the regulations implementing the RGGI Program. (e) The Secretary shall enforce the provisions of this subchapter. 76 Del. Laws, c. 262, §  1;
7 DE Code § 6045. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 60. Environmental Control|Subchapter II-A. Regional Greenhouse Gas Initiative and Co|2| Emission Trading Program|§ 6045. Auction of allowances.

§ 6045. Auction of allowances. (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. 76 Del. Laws, c. 262, §  1;
7 DE Code § 6047. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 60. Environmental Control|Subchapter II-A. Regional Greenhouse Gas Initiative and Co|2| Emission Trading Program|§ 6047. Federal preemption.

§ 6047. Federal preemption. Should a national cap and trade program essentially equivalent to the requirements of Regional Greenhouse Gas Initiative (RGGI) be promulgated by the federal government, Delaware may transition into the federal program and suspend or amend its regulations accordingly, provided that any unspent funds remaining with the Sustainable Energy Utility or Department of Natural Resources and Environmental Control following cessation or suspension of the RGGI program shall be used in accordance with their initial purpose. Delaware's program shall not be abandoned until the national program is fully implemented and Delaware's regulations are amended to transition to the national program. 76 Del. Laws, c. 262, §  1;
7 DE Code § 6051. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 60. Environmental Control|Subchapter III. Solid Waste Recycling|§ 6051. Findings; intent.

§ 6051. Findings; intent. In furtherance of the determination long established in § 6450 of this title that “the reduction of solid waste disposal and recovery of usable materials from solid waste are matters of extreme importance in minimizing the environmental impact of solid waste disposal through landfilling” and that it “is in the public interest to develop a comprehensive statewide system of recycling and resource recovery which maximizes the quantity of solid waste materials which can be recovered, reused or converted to beneficial use” the General Assembly hereby makes the following findings and declares the following intent with respect to the establishment of this subchapter. In order to establish a comprehensive statewide system of recycling, wherein recycling is maximized and the necessary economies of scale are realized, every residence and business must have access to recycling programs that are both convenient and cost effective. It is the intent of the General Assembly, in full recognition that the establishment of a comprehensive statewide recycling program has long been sought, that said program shall be accomplished by modification of the existing beverage container law and the establishment of universal recycling inclusive of the prescribed recycling programs, requirements and goals that follow. As such, liberal interpretation in favor of accomplishing the stated goals and objectives shall be exercised. 77 Del. Laws, c. 275, §  1;
7 DE Code § 6056. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 60. Environmental Control|Subchapter III. Solid Waste Recycling|§ 6056. Adopting diversion goals and reporting requirements.

§ 6056. Adopting diversion goals and reporting requirements. It is the intent of the General Assembly that implementation of the requirements of this subchapter reduce the amount of nonhazardous solid waste currently deposited in landfills in this State by maximizing the recovery of recyclable materials. In order to do so, it will be necessary for the State to embrace the Zero Waste Principles of designing and managing products and processes to systematically avoid and eliminate the volume and toxicity of waste and materials, conserve and recover all resources, and not incinerate or bury them. In that spirit, the following Interim Waste Diversion Goals are established with the understanding that as more data and information regarding the implementation of universal recycling become available, the goals leading up to January 1, 2020, may be modified by the Department as circumstances dictate; however, the January 1, 2020, goals may not be modified without the approval of the General Assembly:   (1) In order to effectively measure the diversion rates being achieved, all persons, including persons who collect, process or market recyclables, with the exception of those specified in § 6053(5) of this title, must report to the Department on a calendar year basis, no later than February 15 of the following year, the type and quantity of recyclables managed, the method of recycling collection used (single or multiple streams), and the location of the recycling facilities used pursuant to reporting guidance developed by the Department and the Recycling Public Advisory Council. Said reporting guidance shall be developed pursuant to the solicitation of stakeholders responsible for reporting, shall take into account the need for confidentiality of the information reported and shall be finalized no later than December 1, 2010. The first recycling report shall cover calendar year 2011 and shall be due no later than February 15, 2012. (2) In order to ensure that the waste diversion goals specified in Table 1 of this section above are achieved by the dates specified, the Department, in cooperation with the Recycling Public Advisory Council [RPAC], shall assess progress and recommend to the Governor and General Assembly any additional mechanisms necessary including but not limited to: which waste streams must be diverted from disposal; the parties responsible for ensuring the identified waste streams are diverted from disposal; the date by which the diverted waste streams must be diverted from disposal; implementation of Pay As You Throw; Extended Producer Responsibility; incentive based recycling; waste bans and related requirements. Such assessment shall be completed, inclusive of any draft legislation determined necessary, and submitted to the General Assembly no later than November 1, 2014, as part of the RPAC annual report. 77 Del. Laws, c. 275, §  1;
7 DE Code § 6057. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 60. Environmental Control|Subchapter III. Solid Waste Recycling|§ 6057. Beverage containers — Findings, intent, prohibitions.

§ 6057. Beverage containers — Findings, intent, prohibitions. (a) The General Assembly hereby finds that beverage containers are a valuable recyclable material and a major source of nondegradable litter in this State and that the collection and disposal of this litter and solid waste constitutes a great financial burden for the citizens of this State; and that, in addition to this unnecessary expenditure of tax moneys, such litter unreasonably interferes with the enjoyment of life and property by our citizens; and that the practice of littering and disposal of a recyclable material is not compatible with previously adopted policies of the State in regard to proper use and protection of our natural resources. (b) It is the intent of the General Assembly to increase recycling significantly, inclusive of beverage containers, thereby conserving valuable natural resources, removing the blight of litter on the landscape of the State caused by the disposal of beverage containers and other packaging, and reduce the increasing costs of litter collection and disposal. (c) Prohibitions. — No beverage shall be sold or offered for sale in this State:  (1) In containers connected to each other with plastic rings or similar devices which are not classified by the Department as biodegradable, photodegradable or recyclable. (2) In a beverage container which is not recyclable or refillable.61 Del. Laws, c. 503, §  1;  64 Del. Laws, c. 57, §  1;  67 Del. Laws, c. 341, §  2;  77 Del. Laws, c. 275, §  1;
7 DE Code § 6059. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 60. Environmental Control|Subchapter III. Solid Waste Recycling|§ 6059. Enforcement, civil and administrative penalties.

§ 6059. Enforcement, civil and administrative penalties. (a) Whoever violates this subchapter, or any rule or regulation promulgated there under, or any order of the Secretary, shall:  (1) For the first conviction, be fined not less than $100 nor more than $500 for each day of violation; (2) For each subsequent conviction for the same offense within a 10-year period, be fined not less than $500 nor more than $1,500 for each day of violation; (3) In the Secretary's discretion, the Secretary may endeavor by conciliation to obtain compliance with all requirements of this subchapter. Conciliation shall be giving written notice to the responsible party:  a. Specifying the complaint; b. Proposing a reasonable time for its correction; c. Advising that a hearing on the complaint may be had if requested by a date stated in the notice; and d. Notifying that a proposed correction date will be ordered unless a hearing is requested. If no hearing is requested on or before the date stated in the notice, the Secretary may order that the correction be fully implemented by the proposed date or may, on the Secretary's own initiative, convene a hearing, in which the Secretary shall publicly hear and consider any relevant submission from the responsible party as provided in § 6006 of this title. (b) Any person whose interest is substantially affected by any action of the Secretary may appeal to the Environmental Appeals Board, in accordance with § 6008 of this title. 61 Del. Laws, c. 503, §  1;  68 Del. Laws, c. 146, §  1;  70 Del. Laws, c. 186, §  1;  77 Del. Laws, c. 275, §  1;
7 DE Code § 6070. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 60. Environmental Control|Subchapter IV. Ocean Dumping|§ 6070. Title.

§ 6070. Title. This subchapter shall be known as the “Solid Waste Dumping Elimination Act.” 67 Del. Laws, c. 135, §  1;  68 Del. Laws, c. 121, §  1;
7 DE Code § 6071. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 60. Environmental Control|Subchapter IV. Ocean Dumping|§ 6071. Purpose.

§ 6071. Purpose. The General Assembly finds that historically millions of tons of solid wastes have been disposed of in the ocean and waters of the State, that these wastes are not land disposed in recognition of the threat posed by the presence of contaminants, by the lack of knowledge or appreciation of the harm such wastes can cause to the marine environment, or that it is cheaper to dispose of such wastes in the ocean or other waters of the State. Therefore, it is the intent of the General Assembly to prohibit the disposal of solid wastes in the ocean and other waters of the State. 67 Del. Laws, c. 135, §  1;  68 Del. Laws, c. 121, §  1;