2023 Delaware Code › Title 16 - Health and Safety › Chapter 63. EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW › § 6314. Enforcement; penalties.

§ 6314. Enforcement; penalties.
(a) Any duly authorized designee of the State Emergency Response Commission or any duly authorized designee of the Secretary of the Department of Natural Resources and Environmental Control may, upon presentation of appropriate credentials at any reasonable time, enter upon any private or public property for the purpose of investigating compliance with or enforcing any requirement or regulation authorized by this chapter, including, but not limited to, the inspecting and copying of any records, reports or information relating to the purposes of this chapter.
(b) Upon any refusal of entry, inspection or copying pursuant to this section, any duly authorized designee of the State Emergency Response Commission or any duly authorized designee of the Secretary of the Department of Natural Resources and Environmental Control may apply for and obtain a warrant to allow such entry, inspection or copying in the manner established by the rules and law of criminal procedure.
(c) In the Secretary's discretion, the Secretary of the Department of Natural Resources and Environmental Control is hereby authorized to enforce this chapter and impose penalties as follows upon any person for violation of this chapter or any rule or regulation promulgated under this chapter relating thereto:
(1) Administrative penalties may be imposed as outlined in § 6005(b)(3) of Title 7.
(2) Civil penalties, notices of conciliation and orders may be imposed as outlined in § 6005(b)(1), (2) and (3) of Title 7.
(3) Public hearings concerning penalties imposed under paragraphs (c)(1) and (2) of this section shall be conducted as outlined in § 6006 of Title 7.
(4) Appeals concerning penalties imposed under paragraphs (c)(1) and (2) of this section shall be conducted as outlined in §§ 6008 and 6009 of Title 7.
(5) Simultaneous violations of the requirements of this chapter or any rule or regulation promulgated under this chapter relating thereto shall be treated as a single violation for each day.
(6) Criminal penalties may be pursued as outlined in § 6013 of Title 7.
(d) In addition to penalties established under subsection (c) of this section, interest of 1.5% per month may be assessed by the Secretary to firms that fail to remit the correct fee or the fee itself in accordance with this chapter or any rule or regulation promulgated under this chapter relating thereto.
(e) Any person found to have violated the requirements of this chapter or any rule or regulation promulgated under this chapter relating thereto, or the reporting fee requirements of this chapter or any rule or regulation promulgated under this chapter relating thereto, shall be liable for all expenses incurred by the Department of Natural Resources and Environmental Control in abating the violation as detailed in § 6005(c) of Title 7. Moneys collected under this subsection shall be appropriated to the Department of Natural Resources and Environmental Control to cover the costs associated with such activities.
(f) Moneys collected under subsections (c) and (d) of this section shall be placed in a liquid, interest-bearing account to be selected by the Commission.
(g) Moneys collected under subsections (c) and (d) of this section shall be appropriated to the State Emergency Response Commission (SERC) for the purpose of funding related emergency planning and community right-to-know activities, emergency response equipment and vehicles (including their purchase, as well as maintenance and repairs), and related equipment and supplies, and to fund physical examinations and medical screenings for decontamination team members or other response personnel as approved by SERC. These moneys shall be used at the discretion of SERC and shall not be subject to reversion. For purposes of this section, the words “emergency response vehicles” include but are not limited to vehicles such as decontamination units (both tow vehicle and trailer).
(h) 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 does not, however, require that such voluntary methods be used before proceeding by way of compulsory enforcement.
(i) Compliance with this chapter shall not constitute a defense for a violation of any other law or regulation of the State.
(j) The Department shall establish a policy for the calculation and assessment of penalties authorized to be imposed under subsection (c) of this section. This policy shall be subject to review and approval by the Commission prior to implementation.
68 Del. Laws, c. 184, §  1;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 59, §  1;  73 Del. Laws, c. 371, §  2;