reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 7 - Conservation › Chapter 72. SUBAQUEOUS LANDS › § 7210. Appeals to Environmental Appeals Board.

§ 7210. Appeals to Environmental Appeals Board.
Any person whose interest is substantially affected by any action of the Secretary or of the Department taken pursuant to this chapter, may appeal to the Environmental Appeals Board as established by § 6007 of this title within 20 days after the announcement of the decision. Such appeal shall be governed by §§ 6008 and 6009 of this title. There shall be no appeal of a decision by the Secretary to deny a permit on any matter involving state-owned subaqueous lands.
65 Del. Laws, c. 508, §  2;  68 Del. Laws, c. 76, §  5;
2023 Delaware Code › Title 7 - Conservation › Chapter 72. SUBAQUEOUS LANDS › § 7211. Costs, deposits and fees.

§ 7211. Costs, deposits and fees.
(a) All costs for the proceedings under this chapter shall be assessed against the applicant.
(b) The Secretary may require a deposit at the time of the application or at any other time to insure the payment of the costs.
(c) All costs and deposits and all fees collected under this chapter are hereby appropriated to the Department to carry out the purposes of this chapter.
65 Del. Laws, c. 508, §  2;
2023 Delaware Code › Title 7 - Conservation › Chapter 72. SUBAQUEOUS LANDS › § 7212. Rules; delegation.

§ 7212. Rules; delegation.
The Secretary may after public hearing, adopt, amend, modify or repeal rules or regulations to effectuate the policy and purposes of this chapter. The Secretary may delegate his or her powers or duties under this chapter, except the power to convey or to lease or grant easements in subaqueous lands.
65 Del. Laws, c. 508, §  2;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 72. SUBAQUEOUS LANDS › § 7214. Violations; enforcement; civil and criminal penalties.

§ 7214. Violations; enforcement; civil and criminal penalties.
(a) Whoever violates this chapter or any rule or regulation duly promulgated, or any condition of a permit issued pursuant to § 7205 of this title, or any order of the Secretary, shall be subject to enforcement in accordance with § 6005 or § 6013, or both, of this title.
(b)-(d) [Repealed.]
65 Del. Laws, c. 508, §  2;  79 Del. Laws, c. 147, §  3;  80 Del. Laws, c. 391, § 2;
2023 Delaware Code › Title 7 - Conservation › Chapter 72. SUBAQUEOUS LANDS › § 7215. Cease and desist order.

§ 7215. 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;
(2) Upon withdrawal of said order by the Secretary; or
(3) When the order is superseded by an injunction, whichever occurs first.
65 Del. Laws, c. 508, §  2;
2023 Delaware Code › Title 7 - Conservation › Chapter 72. SUBAQUEOUS LANDS › § 7216. Interference with Department personnel.

§ 7216. Interference with Department personnel.
No person shall obstruct, hinder, delay or interfere with, by force or otherwise, the performance by Department personnel of any duty under this chapter, or any rule or regulation or order or permit or decision, promulgated or issued thereunder.
65 Del. Laws, c. 508, §  2;
2023 Delaware Code › Title 7 - Conservation › Chapter 72. SUBAQUEOUS LANDS › § 7217. Special exemptions.

§ 7217. Special exemptions.
(a) This chapter shall not apply to any work performed by any state, county, municipal government or conservation district, or their designated contractor, when that work occurs in nontidal submerged lands in the Delaware Atlantic Coastal Plain Province with a contributing drainage area of less than 800 acres.
(b) This chapter shall not apply to maintenance, reconstruction or retrofitting work performed by or with the assistance of any state, county, municipal government or conservation district when that work occurs in any nontidal submerged lands. Such maintenance, reconstruction or retrofitting work shall comply with the standards and specifications associated with best management practices in the Delaware Erosion and Sediment Control Handbook, 1989 or as revised (68 Del. Laws, c. 268, § 2).
(c) This chapter shall not apply to any work in agricultural drainage ditches created from nonsubaqueous lands that are designed according to reasonable drainage standards, when performed by or with the assistance of any state, county, municipal government or conservation district.
(d) This chapter shall not apply to ponds constructed in uplands when those ponds are constructed by or with the assistance of any state, county, municipal government or conservation district.
(e) This chapter shall not apply to stormwater ponds that are permitted in accordance with Chapter 40 of this title or to farm ponds or other ponds whose only source of hydrology is groundwater.
(f) The lease provisions of this chapter shall not apply to any wastewater conveyance or treatment works system owned or operated by the State or any county or municipal government with the State.
(g) This chapter shall not apply to subaqueous archaeological resources and unmarked human burials and human skeletal remains, which are regulated by the Department of State, Division of Historical and Cultural Affairs pursuant to Chapters 53 and 54 of this title.
68 Del. Laws, c. 268, §  2;  72 Del. Laws, c. 474, §  4;  75 Del. Laws, c. 153, §  12;
2023 Delaware Code › Title 7 - Conservation › Chapter 73. NATURAL AREAS PRESERVATION SYSTEM › § 7301. Statement of policy.

§ 7301. Statement of policy.
(a) Because of the continuing growth of the population and the development of the economy of the State, it is necessary and desirable that areas of unusual natural significance be set aside and preserved for the benefit of present and future generations before they have been destroyed, for once destroyed they cannot be wholly restored. Such areas are irreplaceable as laboratories for scientific research, as reservoirs of natural materials — not all of the uses of which are now known, as habitats for plant and animal species and biotic communities whose diversity enriches the meaning and enjoyment of human life, as living museums where people may observe natural biotic and environmental systems of the earth and the interdependence of all forms of life, and as reminders of the vital dependence of the health of the human community upon the health of the natural communities of which it is an inseparable part.
(b) It is essential to the people of the State that they retain the opportunities to maintain close contact with such living communities and environmental systems of the earth and to benefit from the scientific, educational, esthetic, recreational and cultural values they possess. It is therefore the public policy of the State that a registry of such areas be established and maintained by the Department of Natural Resources and Environmental Control, that such areas be acquired and preserved by the State, and that other agencies, organizations and individuals, both public and private, be encouraged to set aside such areas for the common benefit of the people of present and future generations.
61 Del. Laws, c. 212, §  2;
2023 Delaware Code › Title 7 - Conservation › Chapter 73. NATURAL AREAS PRESERVATION SYSTEM › § 7302. Definitions.

§ 7302. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them except where the context clearly indicates a different meaning:
(1) “Articles of dedication” shall mean the writing by which any estate, interest or right in an area is formally dedicated as permitted by § 7306 of this title.
(2) “Council” shall mean the Delaware Natural Areas Advisory Council.
(3) “Dedicate” and “dedication” shall mean the transfer to the Department of Natural Resources and Environmental Control, for and on behalf of the State, of an estate, interest or right in an area in any manner permitted by § 7306 of this title.
(4) “Department” shall mean the Department of Natural Resources and Environmental Control.
(5) “Natural area” shall mean an area of land or water, or of both land and water, whether in public or private ownership, which either retains or has reestablished its natural character (although it need not be undisturbed), or has unusual flora or fauna, or has biotic, geological, scenic or archaeological features of scientific or educational value.
(6) “Nature preserve” shall mean a natural area, any estate, interest or right in which has been formally dedicated under this chapter.
(7) “Secretary” shall mean the Secretary of the Department of Natural Resources and Environmental Control.
(8) “System” shall mean the nature preserves held under this chapter.
61 Del. Laws, c. 212, §  2;
2023 Delaware Code › Title 7 - Conservation › Chapter 73. NATURAL AREAS PRESERVATION SYSTEM › § 7303. Statement of purpose.

§ 7303. Statement of purpose.
In order to secure for the people of the State of present and future generations the benefits of an enduring resource of areas having 1 or more of the characteristics referred to in § 7302(5) of this title, the State, acting through the Department, shall acquire and hold in trust for the benefit of the people an adequate system of nature preserves for the following uses and purposes:
(1) For scientific research in such fields as ecology, taxonomy, genetics, forestry, pharmacology, agriculture, soil science, geology, conservation, archaeology and other subjects;
(2) For the teaching of biology, natural history, ecology, geology, conservation and other subjects;
(3) As habitats for plant and animal species and communities and other natural objects;
(4) As reservoirs of natural materials;
(5) As places of natural interest and beauty;
(6) As living illustrations of our natural heritage wherein one may observe and experience natural biotic and environmental systems of the earth and their processes;
(7) To promote understanding and appreciation of the scientific, educational, esthetic, recreational and cultural values of such areas by the people of the State;
(8) For the preservation and protection of nature preserves against modification or encroachment resulting from occupation, development or other use which would destroy their natural or esthetic conditions.
In order to give recognition to natural areas, the Department shall establish and maintain a registry of natural areas of unusual significance, but no area so registered shall be a nature preserve unless and until it shall have been dedicated as provided for in § 7306 of this title.
61 Del. Laws, c. 212, §  2;
2023 Delaware Code › Title 7 - Conservation › Chapter 73. NATURAL AREAS PRESERVATION SYSTEM › § 7305. Delaware Natural Areas Advisory Council.

§ 7305. Delaware Natural Areas Advisory Council.
(a) There is hereby created a Delaware Natural Areas Advisory Council to advise the Secretary of the Department on the administration of nature preserves and the preservation of natural areas.
(b) The Council shall have 8 members. The Secretary of the Department of Natural Resources and Environmental Control shall be an ex officio member of the Council, with a voice in its deliberations, but without the power to vote. The other members, appointed by the Governor of the State, with the advice and consent of the Senate, shall be persons who have been active or have demonstrated an interest in preserving natural areas, and shall include members of public and private educational organizations, conservation organizations, industry leaders active in environmental matters, sport hunting organizations, and sport fishing organizations and shall not include more than 4 persons who belong to the same political party. Council members shall serve for a period of 4 years, except that members initially appointed to the Council shall serve as follows:
Two members shall serve for 1 year; 2 members shall serve for 2 years; 2 members shall serve for 3 years; and, 2 persons shall serve for 4 years.
(c) The Department shall furnish clerical, technical, legal and other services required by the Council in the performance of its official duties.
(d) Members of the Council shall receive no compensation but may be reimbursed for their actual and necessary expenses incurred in the performance of their official duties. The Council shall hold at least 1 regular meeting in each quarter of each calendar year and shall keep a record of its proceedings, which shall be open to the public for inspection.
(e) The Council shall:
(1) Review and make recommendations on the Department's criteria for acquisition and dedication of nature preserves;
(2) Review and make recommendations regarding inventories and registries of natural areas and nature preserves;
(3) Review and make recommendations on departmental plans for the selection of particular natural areas for state acquisition;
(4) Advise the Secretary on policies, rules and regulations governing the management, protection and use of nature preserves;
(5) Recommend the extent and type of visitation and use to be permitted within each nature preserve;
(6) Advise and consult with the Secretary and departmental employees on preservation matters;
(7) Advise and consult regarding any change from dedicated status of a nature preserve;
(8) Within 10 days of receiving plans from the Department for the selection of particular natural areas for state acquisition, issue written notice to adjacent landowners that such areas are being considered for state acquisition.
61 Del. Laws, c. 212, §  2;  63 Del. Laws, c. 240, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 73. NATURAL AREAS PRESERVATION SYSTEM › § 7306. Dedication process.

§ 7306. Dedication process.
(a) The Department is authorized and empowered, for and on behalf of the State, to acquire nature preserves by gift, devise, purchase, exchange or any other method of acquiring real property or any estate, interest or right therein, provided that such acquisition shall not be made through the exercise of the power of eminent domain, and further provided that any interest owned by the State or by any subdivision thereof may be dedicated only by voluntary act of the agency having jurisdiction thereof. The Department may acquire the fee simple interest in an area or any 1 or more lesser estates, interests and rights therein, including (without limitation upon the generality of the foregoing by reason of specification) a leasehold estate, an easement either appurtenant or in gross and either granting the State specified rights of use or denying to the grantor specified rights of use or both, a license, a covenant, and other contractual rights. A nature preserve may be acquired voluntarily for such consideration as the Department deems advisable or without consideration.
(b) The Secretary of the Department, upon the advice and concurrence of the Council, shall accept natural areas by articles of dedication or gift. A nature preserve is established when articles of dedication have been filed by or at the direction of the owner of land, or a governmental agency having ownership or control thereof, in the office of the county recorder of the county in which the land is located.
(c) Articles of dedication shall be executed by the owner of the land in the same manner and with the same effect as a conveyance of an interest in land and shall be irrevocable except as provided in this section. The county recorder may not accept articles of dedication for recording unless they contain terms restricting the use of the land which adequately provide for its preservation and protection against modification or encroachment resulting from occupation, development or other use which would destroy its natural or esthetic conditions for 1 or more of the uses and purposes set forth in this section.
(d) Articles of dedication may contain provisions for the management, custody and transfer of land, provisions defining the rights of the owner or operating agency and the Department, and such other provisions as may be necessary or advisable to carry out the uses and purposes for which the land is dedicated. They may contain conditions under which the owner and the Department may agree to rescind the articles.
(e) The Department may make or accept amendments of any articles of dedication upon terms and conditions that will not destroy the natural or esthetic condition of a preserve. If the fee simple interest in the area is not held by the State, no amendment shall be made without the written consent of the owner. Each amendment shall be recorded in the same manner as the articles of dedication.
61 Del. Laws, c. 212, §  2;
2023 Delaware Code › Title 7 - Conservation › Chapter 73. NATURAL AREAS PRESERVATION SYSTEM › § 7307. Additional powers and duties of Department.

§ 7307. Additional powers and duties of Department.
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.
61 Del. Laws, c. 212, §  2;
2023 Delaware Code › Title 7 - Conservation › Chapter 73. NATURAL AREAS PRESERVATION SYSTEM › § 7308. Change in status from that of dedicated nature preserve.

§ 7308. Change in status from that of dedicated nature preserve.
Nature preserves dedicated under § 7306 of this title are to be held in trust, for the uses and purposes set forth for the benefit of the people of the State of present and future generations. They shall be managed and protected in the manner approved by, and subject to, the rules and regulations established by the Department. They shall not be taken for any other use except another public use after a finding by the Department of the existence of an imperative and unavoidable public necessity for such other public use and with the approval of the Governor after consultation with the Advisory Council, and by act of the General Assembly not less than 6 months from the date of the Governor's approval. Except as may otherwise be provided by the articles of dedication, the Department may grant, upon such terms and conditions as it may determine, an estate, interest or right in, or dispose of, a nature preserve, but only after a finding by the Department of the existence of an imperative and unavoidable public necessity for such grant of disposition, and with the approval of the Governor after consultation with the Advisory Council, and by act of the General Assembly not less than 6 months from the date of the Governor's approval.
61 Del. Laws, c. 212, §  2;
2023 Delaware Code › Title 7 - Conservation › Chapter 73. NATURAL AREAS PRESERVATION SYSTEM › § 7309. Public participation.

§ 7309. Public participation.
Before the Department makes any finding of the existence of an imperative and unavoidable public necessity, or grants any estate, interest or right in a nature preserve or disposes of a nature preserve or of any estate, interest or right therein, as provided in § 7308 of this title, it shall give notice of such proposed action and an opportunity for any person to be heard at a public hearing in the county in which the preserve is located. The public hearing shall be published at least once in newspapers with a statewide circulation and general circulation in the county in which the nature preserve is located. The notice shall set forth the substance of the proposed action and describe, with or without legal description, the nature preserve affected, and shall specify a place and time not less than 30 days after such publication for a public hearing before the Department on such proposed action. All persons desiring to be heard shall have a reasonable opportunity to be heard prior to action by the Department on such proposal.
61 Del. Laws, c. 212, §  2;
2023 Delaware Code › Title 7 - Conservation › Chapter 73. NATURAL AREAS PRESERVATION SYSTEM › § 7311. Transfer of natural areas.

§ 7311. Transfer of natural areas.
All units, departments, agencies and instrumentalities of the State, including (without limitation upon the generality of the foregoing by reason of specification) counties, municipalities, schools, colleges and universities, are empowered and urged to dedicate as nature preserves suitable areas or portions of areas within their jurisdiction.
61 Del. Laws, c. 212, §  2;
2023 Delaware Code › Title 7 - Conservation › Chapter 73. NATURAL AREAS PRESERVATION SYSTEM › § 7312. Additional protection unimpaired.

§ 7312. Additional protection unimpaired.
Nothing contained in this chapter shall be construed as interfering with the purposes stated in the establishment of or pertaining to any state or local park, preserve, wildlife refuge or other area or the proper management and development thereof, except that any agency administering an area dedicated as a nature preserve under this chapter shall be responsible for preserving the character of the area in accordance with the articles of dedication and the applicable rules and regulations with respect thereto established by the Department from time to time. Neither the dedication of an area as a nature preserve nor any action taken by the Department under any of the provisions of this chapter shall void or replace any protective status under law which the area would have were it not a nature preserve, and the protective provisions of this chapter shall be supplemental thereto.
61 Del. Laws, c. 212, §  2;
2023 Delaware Code › Title 7 - Conservation › Chapter 74. DELAWARE UNDERGROUND STORAGE TANK ACT › Subchapter I. General Provisions › § 7401. Declaration of purpose.

§ 7401. Declaration of purpose.
The General Assembly finds and declares that the storage of petroleum products and other hazardous liquids in underground storage tanks is emerging as a major cause of groundwater contamination in the State; that the State's groundwater resources are vital to the population and economy of the State; that millions of gallons of gasoline and other hazardous substances are stored in underground storage tanks; that leaks of stored substances are occurring in a significant number of these tanks due to corrosion, structural defect and improper installation; that leaks are often difficult to detect early because of insufficient product inventory or other control systems; that it is necessary to provide for more stringent control of the installation, operation, retrofitting and abandonment of underground storage tanks to prevent leaks, and where leaks should occur, detect them at the earliest possible stage and thus minimize further degradation of groundwater; and that responsible parties should be required and encouraged to remediate, take corrective action, and clean up released regulated substances, and contaminated soils and groundwater, on or about the facilities with which they are associated; and that the costs of such remediation and clean up should be fairly apportioned if more than 1 responsible party is liable.
65 Del. Laws, c. 161, §  1;  79 Del. Laws, c. 440, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 74. DELAWARE UNDERGROUND STORAGE TANK ACT › Subchapter I. General Provisions › § 7403. Referenced standards.

§ 7403. Referenced standards.
The Department shall use the recommendations and standard procedures of the following organizations in developing the regulations required by this chapter:
(1) National Fire Protection Association (N.F.P.A.);
(2) American Petroleum Institute (A.P.I.);
(3) National Association of Corrosion Engineers (N.A.C.E.);
(4) Underwriters Laboratories (U.L.); and
(5) American Society for Testing and Materials (A.S.T.M.).
Underground storage tanks installed after the enactment of this chapter shall be in accordance with the appropriate standards cited herein and the regulations promulgated by the Department.
65 Del. Laws, c. 161, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 74. DELAWARE UNDERGROUND STORAGE TANK ACT › Subchapter I. General Provisions › § 7404. Exemptions.

§ 7404. Exemptions.
The following classes of tanks are exempt from this chapter with the exception of the application of §§ 7406 and 7409 of this title:
(1) Agricultural and residential tanks of 1,100 gallons or less used for storing motor fuel for noncommercial purposes; and
(2) Tanks containing heating fuels of 1,100 gallons or less which are used for consumptive purposes on the premises where stored.
65 Del. Laws, c. 161, §  1;  66 Del. Laws, c. 187, §  2;  66 Del. Laws, c. 425, §  2;
2023 Delaware Code › Title 7 - Conservation › Chapter 74. DELAWARE UNDERGROUND STORAGE TANK ACT › Subchapter I. General Provisions › § 7405. Registration by owner.

§ 7405. Registration by owner.
(a) Underground storage tank owners shall register the following on forms provided by the Department:
(1) Within 60 days after July 12, 1985, all new underground storage facilities used for storing regulated substances, at least 10 days prior to installation. Notice shall specify the date of installation, location, type of construction, size of tanks to be installed and the type of substance to be stored.
(2) All existing underground storage facilities, used for storing regulated substances, within 180 days of July 12, 1985; provided, however, that existing heating fuel tanks of greater than 1,100 gallon capacity shall be registered within 180 days of July 20, 1988. Notice shall specify, to the extent known, the location, size, type of construction and age of tanks, and the type of substance stored.
(3) All abandoned or nonoperational underground storage tanks taken out of service after January 1, 1974. All underground storage tanks covered by this paragraph must be registered within 9 months of July 12, 1985 (unless the owner knows the tank was subsequently removed from the ground); provided, however, that abandoned or nonoperational heating fuel tanks of greater than 1,100 gallons capacity shall be registered within 180 days of July 20, 1988. Notice shall specify, to the extent known, the date taken out of operation, the location, size, type of construction and age of tank, and type of substance stored, and quantity of regulated substances left stored in such tank on the date taken out of operation.
(b) Within 30 days of July 12, 1985, the Department shall prescribe the form of the notice and the information to be included in the notification under paragraphs (a)(2) and (3) of this section.
65 Del. Laws, c. 161, §  1;  66 Del. Laws, c. 425, §§  3, 4;
2023 Delaware Code › Title 7 - Conservation › Chapter 74. DELAWARE UNDERGROUND STORAGE TANK ACT › Subchapter I. General Provisions › § 7407. Release detection, prevention and correction regulations.

§ 7407. Release detection, prevention and correction regulations.
(a) The Department, after notice and opportunity for public comment, and within 12 months after July 12, 1985, shall promulgate release detection, prevention and correction regulations applicable to underground storage tanks, as may be necessary to protect human health and the environment.
(b) In promulgating regulations under this section, the Department shall take into consideration factors which affect tank integrity, including, but not limited to, tank location, type and age, soil conditions, hydrogeology, compatibility of the stored substances and the materials of which the tank is constructed, current industry recommended practices, national consensus codes and the impact of the regulations on the regulated community. The Department shall distinguish in such standards between requirements appropriate for new tanks, for tanks in existence on the date of promulgation of the standards and for abandoned tanks. The Department shall require permits for certain classes of tanks or for tanks located in certain environmentally sensitive areas where such a permit system would lead to better management of groundwater resources.
(c) The Department's regulations shall, at a minimum, include the following provisions:
(1) A requirement that a product inventory or other such control system, adequate to identify releases from underground storage tanks, be maintained;
(2) Procedures to follow when inventory or other such control system records indicate an abnormal loss or gain which is not explainable by spillage, temperature verifications, or other known causes;
(3) A requirement that appropriate corrective action be taken in response to a release from an underground storage tank as may be necessary to protect human health and the environment;
(4) A requirement to maintain records documenting actions taken in accordance with paragraphs (c)(1)-(3) of this section;
(5) A requirement for an enforcement program; and
(6) A requirement for standards that will ensure against any future release from an underground storage tank being closed or otherwise taken out of operation.
(d) All underground storage tank system fill lines shall be clearly marked to indicate the size of the tank and the type of regulated substances stored, within 180 days of July 20, 1987; as provided in regulations established under this chapter.
65 Del. Laws, c. 161, §  1;  66 Del. Laws, c. 425, §  5;
2023 Delaware Code › Title 7 - Conservation › Chapter 74. DELAWARE UNDERGROUND STORAGE TANK ACT › Subchapter I. General Provisions › § 7411. Enforcement.

§ 7411. Enforcement.
(a) Whenever, on the basis of any information, the Secretary determines that any person is in violation of any requirement of this chapter, or any rule or regulation promulgated hereunder, the Secretary shall give notice to the violator of said violator's failure to comply with such requirement. If such violation extends beyond the thirtieth day after the Secretary's notification, the Department may issue an order requiring compliance within a specified time period.
(b) If such violator fails to take action to correct the violation within the time specified in the order, he or she shall be liable for a civil penalty of not more than $25,000 for each day of continued noncompliance and the Secretary may suspend or revoke any permit issued to the violator.
(c) Any order or any suspension or revocation of a permit shall become final unless, not later than 30 days after the order or notice of the suspension or revocation is served, the person or persons named therein request a public hearing. Upon such request, the Secretary shall conduct a public hearing in accordance with § 6006 of this title. In connection with any proceeding under this subsection, the Secretary may issue subpoenas for the attendance and testimony of witnesses and the production of relevant papers, books and documents and may promulgate rules for discovery procedures.
(d) Any order issued under this section shall state with reasonable specificity the nature of the violation and specify a time for compliance and assess a penalty, if any, which the Secretary determines is reasonable, taking into account the seriousness of the violation and any good faith efforts to comply with the applicable requirements.
(e) In lieu of the compliance order procedure in subsection (a) of this section, any person who violates a provision of this chapter, any rule or regulation, or any order of the Secretary shall be liable for a civil penalty of not less than $1,000, nor more than $25,000 for each day of violation. The Superior Court shall have jurisdiction over offenses under this chapter.
(f) If the violation consists solely of a failure to register an underground storage tank or submit other notifications as required, the Secretary may elect to bring a civil action in the Justice of the Peace Court for a penalty not to exceed $1,000. Each day of violation shall be considered as a separate violation.
(g) Any expenses or civil penalties collected by the Department under this action shall be credited to the administration fund established under § 7418(d) of this title.
65 Del. Laws, c. 161, §  1;  66 Del. Laws, c. 425, §§  6, 7;  70 Del. Laws, c. 186, §  1;  79 Del. Laws, c. 440, §  8;
2023 Delaware Code › Title 7 - Conservation › Chapter 74. DELAWARE UNDERGROUND STORAGE TANK ACT › Subchapter I. General Provisions › § 7412. Appeals.

§ 7412. Appeals.
(a) 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.
(b) Any person or party to an appeal before the Board who is substantially affected by a decision of the Board may appeal to the Superior Court in accordance with § 6009 of this title.
65 Del. Laws, c. 161, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 74. DELAWARE UNDERGROUND STORAGE TANK ACT › Subchapter I. General Provisions › § 7413. Variances.

§ 7413. Variances.
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).
65 Del. Laws, c. 161, §  1;  69 Del. Laws, c. 330, §  3;
2023 Delaware Code › Title 7 - Conservation › Chapter 74. DELAWARE UNDERGROUND STORAGE TANK ACT › Subchapter I. General Provisions › § 7414. Leaking Underground Storage Tank Committee.

§ 7414. Leaking Underground Storage Tank Committee.
There is hereby established a Leaking Underground Storage Tank Committee which shall be composed of, but not limited to, the Secretary of the Department of Natural Resources and Environmental Control, the Director of the Office of Management and Budget, the Director of the Delaware Geological Survey, the State Fire Marshal, a member of the Delaware Petroleum Council, a member of the Pennsylvania/Delaware Service Station Dealers Association, an installer of underground storage tanks, a representative of the insurance industry, the Insurance Commissioner or the Commissioner's designee, a representative of the agricultural community, a representative of the chemical industry, a representative from an environmental interest group, 2 state Senators who shall be appointed by the President Pro Tempore of the Senate and 2 state Representatives who shall be appointed by the Speaker of the House of Representatives. The Governor shall designate the Chairperson. The whole Committee shall guide development of the regulations and other requirements of this chapter.
65 Del. Laws, c. 161, §  1;  70 Del. Laws, c. 186, §  1;  75 Del. Laws, c. 88, §  16(1);
2023 Delaware Code › Title 7 - Conservation › Chapter 74. DELAWARE UNDERGROUND STORAGE TANK ACT › Subchapter I. General Provisions › § 7415. Implementation and reporting requirements.

§ 7415. Implementation and reporting requirements.
The Department, in conjunction with the Delaware Geological Survey, shall conduct a study to demonstrate the feasibility of a comprehensive inventory of underground storage tanks to include new, existing and abandoned tanks. It shall be conducted within an area of the State to be designated by the Department and the Committee. The Delaware Geological Survey shall investigate the feasibility of utilizing aerial photographs and other new or advanced techniques for locating abandoned tanks. The Department shall report to the General Assembly within 6 months of the date of adoption of implementation and reporting requirements. The report shall include a critique of the management experience gained which will serve as a basis for identifying staff and automated data processing needs for a comprehensive inventory.
65 Del. Laws, c. 161, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 74. DELAWARE UNDERGROUND STORAGE TANK ACT › Subchapter I. General Provisions › § 7416. Groundwater risk assessment.

§ 7416. Groundwater risk assessment.
(a) Because groundwater protection and management is an underlying issue related to leaking underground storage tanks, information on the risks to groundwater resources will be needed to facilitate implementation of the regulations.
(b) The Delaware Geological Survey shall, under the auspices and direction of the Committee, and in cooperation with the Department, examine the need for prioritizing possible leak risks. The Survey may assist the Committee by identifying areas where existing or abandoned leaking underground storage tanks would pose the most significant risk.
65 Del. Laws, c. 161, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 74. DELAWARE UNDERGROUND STORAGE TANK ACT › Subchapter I. General Provisions › § 7417. Use of Hazardous Substance Cleanup Act funding.

§ 7417. Use of Hazardous Substance Cleanup Act funding.
The Department may use funding from the Hazardous Substance Cleanup Fund (§ 9113 of this title) to support the implementation of this chapter, including but not limited to preventing releases from underground storage tanks, removing or properly closing in place underground storage tanks that are suspected of leaking or that have been out of service for longer than 12 months, providing financial assistance to remove underground storage tanks containing heating fuel, detecting releases as early as possible, investigating the nature and extent of a release, and performing necessary corrective actions to minimize degradation of groundwater and protect human health and the environment.
79 Del. Laws, c. 440, §  9;
2023 Delaware Code › Title 7 - Conservation › Chapter 74. DELAWARE UNDERGROUND STORAGE TANK ACT › Subchapter I. General Provisions › § 7418. Tank registration fee.

§ 7418. Tank registration fee.
(a) All owners/operators of underground storage tanks shall pay to the Department an annual per tank registration fee of $50 on or before February 1 of each calendar year. Registration fees not received by the Department by February 1 shall be subject to a late charge of $30. Payment shall be made in accordance with regulations established by the Department.
(b) Underground storage tanks owned or operated by the State, or counties or municipalities or agencies or subdivisions thereof, shall be exempt from payment of the registration fee defined in subsection (a) of this section.
(c) Underground storage tanks owned or operated by the volunteer fire companies and ambulance companies within this State shall be exempt from payment of the registration fee defined in subsection (a) of this section.
(d) The tank registration fee established in subsection (a) of this section shall be used solely for the purpose of administering the Department's programs implementing this chapter and the regulations promulgated thereunder.
(e) The tank registration fee shall be credited to a dedicated administration fund established in the accounts of the Treasurer. Any money remaining in such fund at the end of the fiscal year shall not revert to the General Fund, but shall remain in the dedicated administration fund. The fund shall be maintained in a separate account and shall be administered by the Department. An accounting of moneys received and disbursed shall be kept, and furnished upon request to the Governor or the General Assembly.
66 Del. Laws, c. 187, §  6;  66 Del. Laws, c. 310, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 74. DELAWARE UNDERGROUND STORAGE TANK ACT › Subchapter II. Small Retail Gasoline Station Assistance Program › § 7420. Notification requirement for Stage 1 vapor recovery activities.

§ 7420. Notification requirement for Stage 1 vapor recovery activities.
The vapor recovery permit requirements for Stage 1 vapor recovery equipment, as identified by the Department, and operation thereof required under § 6003 of this title may be suspended by the Secretary and replaced with a notification requirement in accordance with duly promulgated regulations.
70 Del. Laws, c. 241, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 74. DELAWARE UNDERGROUND STORAGE TANK ACT › Subchapter II. Small Retail Gasoline Station Assistance Program › § 7421. Legislative findings and intent.

§ 7421. Legislative findings and intent.
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.
69 Del. Laws, c. 77, §  71;  70 Del. Laws, c. 241, §  2;
2023 Delaware Code › Title 7 - Conservation › Chapter 74. DELAWARE UNDERGROUND STORAGE TANK ACT › Subchapter II. Small Retail Gasoline Station Assistance Program › § 7422. Small Retail Gasoline Station Assistance Loan Fund; source of funds, interest rate, and capitalization.

§ 7422. Small Retail Gasoline Station Assistance Loan Fund; source of funds, interest rate, and capitalization.
(a) Loan proceeds and the State's expenses in administering this program shall be drawn from a special account of the Transportation Trust Fund known as the “Small Retail Gasoline Station Assistance Loan Fund,” hereinafter referred to as the “Small Station Fund.”
(b) Loans made from the Small Station Fund shall require interest payments at a simple interest rate which is 2% above the Federal Reserve discount rate in effect at the time the loan application is filed with the Department.
(c) The Small Station Fund account shall be capitalized in an amount not to exceed $12 million over the life of the program out of funds of the Transportation Trust Fund as authorized by Chapter 14 of Title 2.
69 Del. Laws, c. 77, §  71;  70 Del. Laws, c. 241, §  2;
2023 Delaware Code › Title 7 - Conservation › Chapter 74. DELAWARE UNDERGROUND STORAGE TANK ACT › Subchapter II. Small Retail Gasoline Station Assistance Program › § 7423. Small Station Fund eligibility.

§ 7423. Small Station Fund eligibility.
(a) Any applicant for a Small Station Fund loan must demonstrate that the applicant meets the following criteria:
(1) The loan shall be made only to small station owner/operators as defined in eligibility rules established under this section and who also qualify as a “Small Business” under rules established by the Small Business Administration, provided, however, that no loan may be provided to a small station which has a total throughput of 75,001 gallons or more of gasoline and/or special fuel (diesel) products as a monthly average for the 12 months preceding the date of application for the loan;
(2) The loan proceeds for any individual site may not exceed $100,000, and shall be used for a project approved under this section to accomplish one of the following purposes:
a. Installation of air quality protection devices; and/or
b. Replacement of existing underground storage tank systems; and/or
c. Removal and abandonment of underground storage tank systems; and/or
d. Installation of water quality protection devices;
(3) In no event shall the loan proceeds exceed 90% of the total amount required to complete the project for which the loan is made. Applicants must also show proof of ability to repay the Small Station Fund within a time period not exceeding 7 years;
(4) The application for a loan from the Small Station Fund shall be made on or before November 15, 1997, accompanied by a nonrefundable application fee of $250, which shall immediately upon receipt be transferred to the Transportation Trust Fund. No loans shall be made after July 1, 1998;
(5) Such other criteria as may be specified pursuant to subsection (b) of this section; and
(6) The loan for the project to be provided to the small station by the Small Station Fund shall be approved by the Secretary of the Department and the Secretary of the Department of Transportation.
(b) Before making any loan from the Small Station Fund, the Department, in coordination with the Department of Transportation, shall specify:
(1) Standards, consistent with subsection (a) of this section, for determining the eligibility of borrowers and the type of projects to be financed with loans from the Small Station Fund;
(2) Procedures for submitting applications for loans from the Small Station Fund and procedures for approval of such applications;
(3) Conditions for loans from the Small Station Fund consistent with the provisions of subsection (a) of this section; and
(4) Other relevant criteria, standards or procedures.
69 Del. Laws, c. 77, §  71;  69 Del. Laws, c. 458, §  1;  70 Del. Laws, c. 241, §  2;  81 Del. Laws, c. 49, § 7;  81 Del. Laws, c. 374, § 36;
2023 Delaware Code › Title 7 - Conservation › Chapter 74. DELAWARE UNDERGROUND STORAGE TANK ACT › Subchapter II. Small Retail Gasoline Station Assistance Program › § 7424. Loan payment mechanism; prepayment and security options.

§ 7424. Loan payment mechanism; prepayment and security options.
(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.
69 Del. Laws, c. 77, §  71;  70 Del. Laws, c. 241, §  2;