reglab/housing_qa huggingface dataset:
7 DE Code § 6142. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 61. Minerals in Submerged Lands|§ 6142. Violations; enforcement; civil and criminal penalties.

§ 6142. Violations; enforcement; civil and criminal penalties. (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. 59 Del. Laws, c. 527, §  1;  65 Del. Laws, c. 508, §  1;
7 DE Code § 6143. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 61. Minerals in Submerged Lands|§ 6143. Cease and desist order.

§ 6143. Cease and desist order. The Secretary shall have the power to issue an order to any person violating any rule, or regulation, or permit condition, or lease condition, or provision of this chapter, to cease and desist from such violation. Any cease and desist order issued pursuant to this section shall expire (1) after 30 days of its issuance, or (2) upon withdrawal of said order by the Secretary, or (3) when the order is superseded by an injunction, whichever occurs first. 59 Del. Laws, c. 527, §  1;  65 Del. Laws, c. 508, §  1;
7 DE Code § 6203. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 62. Oil Pollution Liability|§ 6203. Pollution of waters and lands prohibited.

§ 6203. Pollution of waters and lands prohibited. The discharge of oil which causes an incident is prohibited. 61 Del. Laws, c. 127, §  1;
7 DE Code § 6204. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 62. Oil Pollution Liability|§ 6204. Removal of illegal discharge.

§ 6204. Removal of illegal discharge. Any person determined by the Secretary to be responsible for causing an incident shall immediately undertake to remove such oil pollution to the Secretary's satisfaction. If the person responsible fails immediately to undertake to remove the oil pollution to the Secretary's satisfaction, the Secretary may undertake the removal of such oil pollution and may retain agents and contractors for such purpose who shall operate under the direction of the Secretary. The Secretary may authorize a third person, affected by such oil pollution, to expend funds to remove said oil pollution at the expense of the person responsible for same. All moneys expended by the Secretary under this section and recovered under § 6205 of this title are hereby appropriated to the Department of Natural Resources and Environmental Control to carry out the purposes of this chapter. 61 Del. Laws, c. 127, §  1;
7 DE Code § 6205. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 62. Oil Pollution Liability|§ 6205. Enforcement.

§ 6205. Enforcement. (a) Any person who violates a provision of this chapter or any rule or regulation promulgated thereunder shall be liable in any court of competent jurisdiction for a civil penalty of not less than $1,000 nor more than $10,000 for each day of violation. Any civil penalties collected under this section are hereby appropriated to the Department to carry out the purposes of this chapter. (b) The Secretary may seek appropriate relief, including injunctive relief, in any court of competent jurisdiction to prohibit and prevent such violation or violations from continuing. (c) The Secretary may also bring an action in any court of competent jurisdiction for the collection of expenses incurred by the Department resulting from the violation of this chapter or any rule or regulation promulgated thereunder. 61 Del. Laws, c. 127, §  1;  65 Del. Laws, c. 319, §  1;
7 DE Code § 6206. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 62. Oil Pollution Liability|§ 6206. Service of process on owners or operators of vessels or facilities who are nonresidents or corporations not incorporated in Delaware.

§ 6206. Service of process on owners or operators of vessels or facilities who are nonresidents or corporations not incorporated in Delaware. (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. 61 Del. Laws, c. 127, §  1;  70 Del. Laws, c. 186, §  1;
7 DE Code § 6207. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 62. Oil Pollution Liability|§ 6207. Damages; claimants.

§ 6207. Damages; claimants. (a) In addition to all necessary costs of investigation and prosecution claims for damages for economic loss, arising out of or directly resulting from oil pollution, may be asserted for:  (1) Cleanup costs; (2) Injury to, or destruction of, real or personal property; (3) Loss of use of real or personal property; (4) Injury to, or destruction of, natural resources; (5) Loss of use of natural resources; (6) Loss of profits or impairment of earning capacity due to injury or destruction of real or personal property or natural resources; and (7) Loss of tax revenue for a period of 1 year due to injury to real or personal property. (b) A claim authorized by subsection (a) of this section may be asserted:  (1) Under any items, by the Attorney General on behalf of the State, its citizens or subdivisions; however, the right of any claimant or claimants to proceed in their own behalf shall not be impaired; (2) Under paragraph (a)(1) of this section, by any claimant; (3) Under paragraphs (a)(2), (3) and (5) of this section, by any claimant, if the property involved is owned or leased, or the natural resource involved is utilized, by the claimant; (4) Under paragraph (a)(4) of this section, by the Governor, as trustee for natural resources over which the State has sovereign rights; (5) Under paragraph (a)(6) of this section, by any claimant, if the claimant derives at least 15 percent of his or her income from activities which utilize the property or natural resource; (6) Under paragraph (a)(7) of this section, by the State or political subdivision thereof.61 Del. Laws, c. 127, §  1;  70 Del. Laws, c. 186, §  1;
7 DE Code § 6208. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 62. Oil Pollution Liability|§ 6208. Liability.

§ 6208. Liability. (a) Subject to subsection (b) of this section, the owner and operator of a vessel or of a facility, which is the source of, or poses a threat of, oil pollution, shall be jointly, severally and strictly liable for all damages for which a claim may be asserted under § 6207 of this title. (b) There shall be no liability under subsection (a) of this section:  (1) To the extent that the incident is caused by an act of war, hostilities, civil war or insurrection, or by a natural phenomenon of an unforeseen, exceptional, inevitable and irresistible character; (2) As to a particular claimant, where the incident or the economic loss is caused by the gross negligence or wilful misconduct of that claimant. (c) In addition to the damages for which claims may be asserted under § 6207 of this title, the owner, operator or guarantor shall be liable to the claimant for such interest as may be awarded in the discretion of the court as well as court costs and attorneys' fees. (d) Nothing in this chapter shall bar a cause of action that an owner or operator, subject to liability under subsection (a) of this section, or a guarantor has or would have, by reason of subrogation or otherwise, against any person or governmental entity other than the State and its agencies or subdivisions. 61 Del. Laws, c. 127, §  1;  79 Del. Laws, c. 38, §  2;
7 DE Code § 6209. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 62. Oil Pollution Liability|§ 6209. Financial responsibility.

§ 6209. Financial responsibility. (a) The owner or operator of a vessel or offshore facility shall establish and maintain evidence of financial responsibility by obtaining a Certificate of Financial Responsibility issued by the United States Coast Guard pursuant to the requirements of the Oil Pollution Act of 1990 (OPA), 33 U.S.C. § 2701, et seq., and regulations promulgated thereunder, enacted as of June 6, 2013. An owner or operator of a vessel or offshore facility that is not required by OPA to establish and maintain such evidence of financial responsibility shall be exempt from the requirements of this subsection, and from subsections (b) and (c) of this section. (b) The master or operator of any vessel or offshore facility subject to this chapter shall have in his or her possession at all times certification that the financial responsibility provisions of this section have been complied with. Pilots of vessels holding a license issued by the State shall demand that such certification of financial responsibility be produced before providing any pilot service to said vessel. (c) The owner or operator of any vessel or offshore facility subject to this chapter who, upon request, does not produce a COFR issued by the United States Coast Guard pursuant to OPA shall be punished by a fine of not less than $5,000 nor more than $15,000 for each such violation. (d) Any claim authorized by § 6207 of this title may be asserted directly against any guarantor providing evidence of financial responsibility as required by the United States Coast Guard pursuant to OPA. In defending such claim, the guarantor shall be entitled to invoke all rights and defenses which would be available to the owner or operator under this title. He or she shall also be entitled to invoke the defense that the incident was caused by the wilful misconduct of the owner or operator, but shall not be entitled to invoke any other defense which he or she might have been entitled to invoke in proceedings brought by the owner or operator against him or her. 61 Del. Laws, c. 127, §  1;  70 Del. Laws, c. 186, §  1;  79 Del. Laws, c. 38, §  3;
7 DE Code § 6210. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 62. Oil Pollution Liability|§ 6210. Notification; designation; advertisement.

§ 6210. Notification; designation; advertisement. (a) The person in charge of a vessel or facility, which is subject to this chapter, as soon as he or she has knowledge of an incident in which the vessel or facility is involved, shall immediately notify the Secretary of the incident. (b) (1) When the Secretary receives information, pursuant to subsection (a) of this section or otherwise, of an incident which involves oil pollution, the Secretary shall, where possible, designate the source or sources of the oil pollution and shall immediately notify the owner and operator of such source, and the guarantor, of that designation as well as the Attorney General of the State. (2) When a source designated under paragraph (b)(1) of this section is a vessel or a facility, and the owner, operator or guarantor fails to inform the Secretary, within 5 days after receiving notification of the designation, of his or her denial of such designation, such owner, operator or guarantor, in accordance with regulations promulgated by the Secretary, shall advertise the designation and the procedures by which claims may be presented to him or her. If advertisement is not otherwise made in accordance with this paragraph, the Secretary shall, at the expense of the owner, operator or guarantor involved, advertise the designation and the procedures by which claims may be presented to that owner, operator or guarantor. (c) Advertisement under subsection (b) of this section shall commence no later than 15 days from the date of the designation made thereunder to continue for a period of no less than 30 days. 61 Del. Laws, c. 127, §  1;  70 Del. Laws, c. 186, §  1;
7 DE Code § 6211. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 62. Oil Pollution Liability|§ 6211. Claims settlement.

§ 6211. Claims settlement. (a) Except as provided in subsection (b) of this section, all claims shall be presented to the owner, operator or guarantor. (b) In the case of a claim presented in accordance with subsection (a) of this section, and in which:  (1) The person to whom the claim is presented denies all liability for the claim, for any reason; or (2) The claim is not settled by any person by payment to the claimant within 60 days of the date upon which the claim was presented, or advertising was commenced pursuant to § 6210(b)(2) of this title, whichever is later, the claimant may elect to commence an action in Superior Court against the owner, operator or guarantor. (c) (1) In any action brought against an owner, operator or guarantor, both the plaintiff and defendant shall serve a copy of the complaint and all subsequent pleadings therein upon the Attorney General and Secretary at the same time those pleadings are served upon the opposing parties. (2) The Attorney General may intervene in the action as a matter of right. (3) In any action to which the Secretary is a party, if the owner, operator or guarantor admits liability under this chapter, the Secretary upon his or her motion shall be dismissed therefrom. (d) No claim may be presented, nor may an action be commenced for damages recoverable under this chapter, unless that claim is presented to, or that action is commenced against, the owner, operator or guarantor, as to their respective liabilities, within 3 years from the date of discovery of the economic loss for which a claim may be asserted under § 6207(a) of this title or within 6 years of the date of the incident which resulted in that loss, whichever is earlier. 61 Del. Laws, c. 127, §  1;  70 Del. Laws, c. 186, §  1;
7 DE Code § 6212. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 62. Oil Pollution Liability|§ 6212. Adjudication by Secretary.

§ 6212. Adjudication by Secretary. In lieu of any action under § 6211(a) or (b) of this title, the claimant may elect to submit his or her claim to the Secretary for adjudication, that election to be irrevocable and exclusive. 61 Del. Laws, c. 127, §  1;  70 Del. Laws, c. 186, §  1;
7 DE Code § 6213. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 62. Oil Pollution Liability|§ 6213. Appeal to Board.

§ 6213. Appeal to Board. Any person whose interest is substantially affected by the adjudication of the Secretary under § 6212 of this title may appeal to the Environmental Appeals Board within 20 days after the Secretary has announced his or her decision. The Board may affirm, modify or reverse the decision of the Secretary. If the decision of the Secretary is overruled or modified by the Board, then the Board shall state reasons for its decision. No decision of the Board shall be valid unless signed by a minimum of 5 members. 61 Del. Laws, c. 127, §  1;  70 Del. Laws, c. 186, §  1;
7 DE Code § 6214. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 62. Oil Pollution Liability|§ 6214. Appeal from Board.

§ 6214. Appeal from Board. (a) Any person or persons, jointly or severally, aggrieved by any decision of the Board, may appeal to the Superior Court in and for the county in which the incident in question wholly or principally occurred by filing a petition, duly verified, setting forth the grounds of the appeal. Any such appeal shall be perfected within 30 days of the receipt of the written decision of the Board. (b) The Court may affirm, reverse or modify the Board's decision. The Board's findings of fact shall not be set aside unless the Court determines that the record contains no substantial evidence that would reasonably support the findings. If the Court finds that additional evidence should be taken, the Court may remand the case to the Board for completion of the record. 61 Del. Laws, c. 127, §  1;
7 DE Code § 6215. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 62. Oil Pollution Liability|§ 6215. Subrogation.

§ 6215. Subrogation. Any person or governmental entity who shall pay compensation to any claimant for an economic loss, compensable under § 6207(a) of this title, shall be subrogated to all rights, claims and causes of action which that claimant has under this chapter. 61 Del. Laws, c. 127, §  1;
7 DE Code § 6216. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 62. Oil Pollution Liability|§ 6216. Rules and regulations.

§ 6216. Rules and regulations. The Secretary may, after public hearing in accordance with § 6006 of this title, adopt, amend, modify or repeal rules or regulations to effectuate the policies and purposes of this chapter. 61 Del. Laws, c. 127, §  1;
7 DE Code § 6601. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 66. Wetlands|§ 6601. Short title.

§ 6601. Short title. This chapter shall be known and may be cited as “The Wetlands Act.” 7 Del. C. 1953, §  6601;  59 Del. Laws, c. 213, §  1;
7 DE Code § 6602. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 66. Wetlands|§ 6602. Purpose.

§ 6602. Purpose. 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. 1953, §  6602;  59 Del. Laws, c. 213, §  1;
7 DE Code § 6604. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 66. Wetlands|§ 6604. Permit required.

§ 6604. Permit required. (a) Any activity in the wetlands requires a permit from the Department except the activity or activities exempted by this chapter and no permit may be granted unless the county or municipality having jurisdiction has first approved the activity in question by zoning procedures provided by law. (b) The Secretary shall consider the following factors prior to issuance of any permit:  (1) Environmental impact, including but not limited to, likely destruction of wetlands and flora and fauna; impact of the site preparation on tidal ebb and flow and the otherwise normal drainage of the area in question, especially as it relates to flood control; impact of the site preparation and proposed activity on land erosion; effect of site preparation and proposed activity on the quality and quantity of tidal waters, surface, ground and subsurface water resources and other resources; (2) Aesthetic effect, such as the impact on scenic beauty of the surrounding area; (3) The number and type of public and private supporting facilities required and the impact of such facilities on all factors listed in this subsection; (4) Effect on neighboring land uses, including but not limited to, public access to tidal waters, recreational areas and effect on adjacent residential and agricultural areas; (5) State, county and municipal comprehensive plans for the development and/or conservation of their areas of jurisdiction; (6) Economic effect, including the number of jobs created and the income which will be generated by the wages and salaries of the jobs in relation to the amount of land required, and the amount of tax revenues potentially accruing to the state, county and local governments. (c) The Secretary may require a bond in an amount and with surety and conditions sufficient to secure compliance with the conditions and limitations, if any, set forth in the permit. The particular amount and the particular conditions of the bond required shall be consistent with and in furtherance of the purposes of this chapter. The Secretary shall state for the record, the basis for the bonding requirements imposed with each permit granted. In the event of a breach of any condition of any such bond, the Attorney General may institute an action in Superior Court upon such bond and prosecute the same to judgment and execution. 7 Del. C. 1953, §  6604;  59 Del. Laws, c. 213, §  1;
7 DE Code § 6605. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 66. Wetlands|§ 6605. Preexisting use.

§ 6605. Preexisting use. Any expansion or extension of a preexisting use requires a permit and no permit may be granted under this chapter unless the county or municipality having jurisdiction has first approved the use in question by zoning procedures provided by law. 7 Del. C. 1953, §  6605;  59 Del. Laws, c. 213, §  1;