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2023 Delaware Code › Title 7 - Conservation › Chapter 59. PUBLIC RECREATION ON PRIVATE LANDS › § 5902. Definitions.

§ 5902. Definitions.
As used in this chapter:
(1) “Charge” means the admission price or fee asked in return for invitation or permission to enter or go upon the land.
(2) “Land” means land, roads, water, watercourses, private ways and buildings, structures, and machinery or equipment when attached to the realty.
(3) “Owner” means the possessor of a fee interest, tenant, lessee, occupant or person in control of the premises.
(4) “Recreational purpose” includes, but is not limited to, any of the following, or any combination thereof:
Hunting, fishing, swimming, boating, camping, picnicking, hiking, pleasure driving, nature study, water skiing, winter sports, and viewing or enjoying historical, archaeological, scenic or scientific sites.
7 Del. C. 1953, §  5902;  55 Del. Laws, c. 449.;
2023 Delaware Code › Title 7 - Conservation › Chapter 59. PUBLIC RECREATION ON PRIVATE LANDS › § 5903. Limitation on duty of owner.

§ 5903. Limitation on duty of owner.
Except as specifically recognized by or provided in § 5906 of this title, an owner of land owes no duty of care to keep the premises safe for entry or use by others for recreational purposes, or to give any warning of a dangerous condition, use, structure or activity on such premises to persons entering for such purposes. The limitation of duty of the owner granted by this section applies whether such persons entered upon the land of the owner with or without consent of the owner.
7 Del. C. 1953, §  5903;  55 Del. Laws, c. 449;  67 Del. Laws, c. 107, §  2;
2023 Delaware Code › Title 7 - Conservation › Chapter 59. PUBLIC RECREATION ON PRIVATE LANDS › § 5904. Use of land without charge; limits of liability.

§ 5904. Use of land without charge; limits of liability.
(a) Except as specifically recognized by or provided in § 5906 of this title, an owner of land who either directly or indirectly invites or permits without charge any person to use such property for recreational purposes does not thereby:
(1) Extend any assurance that the premises are safe for any purpose;
(2) Confer upon such person the legal status of an invitee or licensee to whom a duty of care is owed;
(3) Assume responsibility, or incur liability, for any injury to person or property caused by an act of omission of such persons.
(b) The limits of liability of an owner as set forth under this section shall apply whether the person entered upon the land of the owner with or without consent of the owner.
7 Del. C. 1953, §  5904;  55 Del. Laws, c. 449;  67 Del. Laws, c. 107, §  3;
2023 Delaware Code › Title 7 - Conservation › Chapter 59. PUBLIC RECREATION ON PRIVATE LANDS › § 5905. Written waivers.

§ 5905. Written waivers.
Unless otherwise agreed in writing, §§ 5903 and 5904 of this title shall be applicable to the duties and liability of an owner of land leased to the State, or any subdivision thereof, for recreational purposes.
7 Del. C. 1953, §  5905;  55 Del. Laws, c. 449.;
2023 Delaware Code › Title 7 - Conservation › Chapter 59. PUBLIC RECREATION ON PRIVATE LANDS › § 5906. Limitations on exemption from liability.

§ 5906. Limitations on exemption from liability.
Nothing in this chapter limits in any way any liability which otherwise exists:
(1) For wilful or malicious failure to guard or warn against a dangerous condition, use, structure or activity;
(2) For injury suffered in any case where the owner of land charges the person or persons who enter or go on the land for the recreational use thereof, except that in the case of land leased to the State or a subdivision thereof, any consideration received by the owner for such lease shall not be deemed a charge within the meaning of this section.
7 Del. C. 1953, §  5906;  55 Del. Laws, c. 449.;
2023 Delaware Code › Title 7 - Conservation › Chapter 59. PUBLIC RECREATION ON PRIVATE LANDS › § 5907. Exemptions.

§ 5907. Exemptions.
Nothing in this chapter shall be construed to:
(1) Create a duty of care, or ground of liability, for injury to persons or property;
(2) Relieve any person using the land of another for recreational purposes from any obligation which he or she may have in the absence of this chapter to exercise care in his or her use of such land and in his or her activities thereon, or from the legal consequences of failure to employ such care.
7 Del. C. 1953, §  5907;  55 Del. Laws, c. 449;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 60. ENVIRONMENTAL CONTROL › Subchapter II. Powers and Duties of Secretary and Department › § 6009. Appeal from the Board's decision.

§ 6009. Appeal from the Board's decision.
(a) Any person or persons, jointly or severally, or any taxpayer, or any officer, department, board or bureau of the State, aggrieved by any decision of the Board, may appeal to the Superior Court in and for the county in which the activity in question is wholly or principally located by filing a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Any such appeal shall be perfected within 30 days of the receipt of the written opinion 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 records contain 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.
(c) No appeal shall operate to stay automatically any action of the Secretary, but upon application, and for good cause, the Board or the Court of Chancery may stay the action pending disposition of the appeal.
7 Del. C. 1953, §  6009;  59 Del. Laws, c. 212, §  1;  59 Del. Laws, c. 537, §§  5, 6;  68 Del. Laws, c. 148, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 60. ENVIRONMENTAL CONTROL › Subchapter II. Powers and Duties of Secretary and Department › § 6012. Temporary emergency variances.

§ 6012. Temporary emergency variances.
(a) Notwithstanding § 6011 of this title, other than subsection (g) of that section, the Secretary may grant a variance to any rules or regulations promulgated pursuant to this chapter, for a period not to exceed 60 days. The request for a temporary emergency variance shall be submitted in writing, setting forth the reasons for the request.
(b) A temporary emergency variance may be granted only after a finding of fact by the Secretary that:
(1) Severe hardship would be caused by the time period involved in obtaining variances pursuant to § 6011 of this title;
(2) The emergency was of such an unforeseeable nature so as to preclude, because of time limitations, an application under § 6011 of this title;
(3) The conditions set forth in § 6011(b)(1)-(4) of this title are satisfied.
(c) Temporary emergency variances granted pursuant to this section may not be extended more than once.
(d) The granting of any temporary emergency variance shall be published within 5 days of the granting of said variance.
7 Del. C. 1953, §  6012;  59 Del. Laws, c. 212, §  1;  59 Del. Laws, c. 537, §  10;  62 Del. Laws, c. 414, §  2;
2023 Delaware Code › Title 7 - Conservation › Chapter 60. ENVIRONMENTAL CONTROL › Subchapter II. Powers and Duties of Secretary and Department › § 6015. Interference with Department personnel.

§ 6015. 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.
7 Del. C. 1953, §  6015;  59 Del. Laws, c. 212, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 60. ENVIRONMENTAL CONTROL › Subchapter II. Powers and Duties of Secretary and Department › § 6016. Departmental investigations; witnesses; oaths; attendance.

§ 6016. Departmental investigations; witnesses; oaths; attendance.
In furtherance of the policy and purposes of this chapter, the Secretary may make or cause to be made any investigation or study which is, in his or her opinion, necessary for the purpose of enforcing this chapter. For such purposes the investigative officer designated by the Secretary may subpoena witnesses and the production of documents and compel their testimony. Testimony received at a Departmental investigation shall be under oath and open to the public. Findings of these investigations or studies shall be made public.
7 Del. C. 1953, §  6016;  59 Del. Laws, c. 212, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 60. ENVIRONMENTAL CONTROL › Subchapter II. Powers and Duties of Secretary and Department › § 6017. Sealing noncomplying equipment.

§ 6017. Sealing noncomplying equipment.
(a) The Department may seal, after consultation with the Attorney General, any source required to have a permit which is installed, altered, used or operated without such a permit or which is in violation of a cease and desist order.
(b) If the equipment is sealed, no person shall tamper with or remove the seal from any equipment so sealed. Violation of this provision shall make the violator upon conviction liable to punishment as provided in § 6005 of this title.
(c) A seal may be removed from equipment only upon receipt of written authorization from the Department. The Department shall order removal of the seal after the reason(s) which caused the sealing has been corrected.
7 Del. C. 1953, §  6017;  59 Del. Laws, c. 212, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 60. ENVIRONMENTAL CONTROL › Subchapter II. Powers and Duties of Secretary and Department › § 6018. Cease and desist order.

§ 6018. Cease and desist order.
The Secretary shall have the power to issue an order to any person violating any rule, regulation or order or permit condition or provision of this chapter to cease and desist from such violation; provided, that 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 suspended by an injunction, whichever occurs first.
7 Del. C. 1953, §  6018;  59 Del. Laws, c. 212, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 60. ENVIRONMENTAL CONTROL › Subchapter II. Powers and Duties of Secretary and Department › § 6019. Voluntary compliance.

§ 6019. Voluntary compliance.
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 section does not, however, require that such voluntary methods be used before proceeding by way of compulsory enforcement.
7 Del. C. 1953, §  6019;  59 Del. Laws, c. 212, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 60. ENVIRONMENTAL CONTROL › Subchapter II. Powers and Duties of Secretary and Department › § 6020. Liberal construction.

§ 6020. Liberal construction.
This chapter, being necessary for the welfare of the State and its inhabitants, shall be liberally construed in order to preserve the land, air and water resources of the State.
7 Del. C. 1953, §  6020;  59 Del. Laws, c. 212, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 60. ENVIRONMENTAL CONTROL › Subchapter II. Powers and Duties of Secretary and Department › § 6021. Federal aid; other funds.

§ 6021. Federal aid; other funds.
The Department may cooperate with and receive moneys from the federal government, any state or local government or any industry or other source. Such moneys received are appropriated and made available for the study and preservation of land, water and air resources.
7 Del. C. 1953, §  6021;  59 Del. Laws, c. 212, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 60. ENVIRONMENTAL CONTROL › Subchapter II. Powers and Duties of Secretary and Department › § 6022. Temporary limits and procedures for hazardous operations.

§ 6022. Temporary limits and procedures for hazardous operations.
Where no rule or regulation has been promulgated which sets specific limits for the use, emission or discharge, or operating procedure for hazardous operations, the Secretary may set temporary limits or operating procedure; provided, that the temporary limits or orders shall not be effective for more than 6 months unless adopted into permanent rules and regulations within that period. The affected parties shall be given a hearing before the Department within 30 days, if requested, on any action taken under this section.
7 Del. C. 1953, §  6022;  59 Del. Laws, c. 212, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 60. ENVIRONMENTAL CONTROL › Subchapter II. Powers and Duties of Secretary and Department › § 6023. Licensing of water well contractors, pump installer contractors, drillers, drivers, pump installers, septic tank installers, liquid waste treatment plant operators and liquid waste haulers.

§ 6023. Licensing of water well contractors, pump installer contractors, drillers, drivers, pump installers, septic tank installers, liquid waste treatment plant operators and liquid waste haulers.
(a) No person shall:
(1) Engage in the drilling, boring, coring, driving, digging, construction, installation, removal or repair of a water well or water test well; or
(2) Install, maintain or repair pumping equipment in or from a well without a license issued by the Department, except (i) as, or under the supervision of, a licensed plumber, or (ii) an agricultural well on land owned or leased by the person installing, maintaining or repairing the pumping equipment. For the purpose of this paragraph “agricultural well” shall mean a well used for irrigation of crops, for the watering of livestock or poultry, for aquaculture uses, or for other on-farm purposes where the water is not to be used for human consumption or to service a residential dwelling.
(b) No person shall engaged in the construction, repair, installation or replacement of a septic tank system or any part thereof except as or under the supervision of a licensed septic tank installer.
(c) No person shall operate any liquid waste treatment system without a duly licensed liquid waste treatment plant operator.
(d) No person shall haul, convey or transport any liquid waste in any container without a license issued by the Department.
(e) Any person requiring a license for any activity specified in subsections (a)-(d) of this section shall file an application with the Secretary in such form and accompanied by such information as the Secretary may require by regulation.
(f) The Secretary shall have the exclusive power to grant or deny any license required under subsections (a), (b), (c) and (d) of this section. The Secretary shall adopt regulations setting forth requirements, including an acceptable performance or an examination for obtaining and retaining any such license.
7 Del. C. 1953, §  6023;  59 Del. Laws, c. 212, §  1;  59 Del. Laws, c. 537, §  15;  60 Del. Laws, c. 288, §  3;  64 Del. Laws, c. 472, §  2;  71 Del. Laws, c. 187, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 60. ENVIRONMENTAL CONTROL › Subchapter II. Powers and Duties of Secretary and Department › § 6024. Right of entry.

§ 6024. Right of entry.
The Secretary, or the Secretary's duly authorized designee, in regulating water pollution, air pollution, solid waste disposal or any other matter over which he or she has jurisdiction pursuant to this chapter, may enter, at reasonable times, upon any private or public property for the purpose of determining whether a violation exists of a statute or regulation enforceable by him or her, upon given verbal notice, and after presenting official identification to the owner, occupant, custodian or agent of said property.
7 Del. C. 1953, §  6024;  59 Del. Laws, c. 212, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 60. ENVIRONMENTAL CONTROL › Subchapter II. Powers and Duties of Secretary and Department › § 6026. License fees.

§ 6026. License fees.
(a) (1) The Secretary may establish fees, subject to approval by the General Assembly, for granting any license to any percolation tester, system designer, site evaluator, system inspector, well water contractor, pump installer contractor, well driver, well driller, pump installer, septic tank system installer, liquid waste hauler and liquid waste treatment plant operator.
(2) Notwithstanding any other provisions of law to the contrary, the General Assembly hereby authorizes and approves the following schedule of license fees to be imposed by the Department effective July 1, 2003:
Percolation Tester, $40 annual fee; System Designer, $40 annual fee; Site Evaluator, $40 annual fee; System Inspector, $40 annual fee; Septic Tank System Installer, $40 annual fee; and Liquid Waste Hauler; $40 annual fee.
(3) Any fees collected under this subsection are hereby appropriated to the Department to carry out the purposes of this chapter.
(b) The Secretary may establish fees for conveyance of oil and hazardous substance through pipeline after holding public hearings on such a fee schedule.
(c) Any fee collected under this subsection is hereby appropriated to the Department to carry out the purposes of this chapter.
7 Del. C. 1953, §  6026;  59 Del. Laws, c. 212, §  1;  60 Del. Laws, c. 288, §  5;  64 Del. Laws, c. 472, §  3;  74 Del. Laws, c. 139, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 60. ENVIRONMENTAL CONTROL › Subchapter II. Powers and Duties of Secretary and Department › § 6027. Change of authority.

§ 6027. Change of authority.
The word “Secretary” shall be substituted wherever the words “Water and Air Resources Commission” or “Commission” appear in the Delaware Code and any authority vested in the “Water and Air Resources Commission” or “Commission” is hereby delegated to the Secretary without qualification.
7 Del. C. 1953, §  6027;  59 Del. Laws, c. 212, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 60. ENVIRONMENTAL CONTROL › Subchapter II. Powers and Duties of Secretary and Department › § 6029. Limitations on scope of chapter.

§ 6029. Limitations on scope of chapter.
This chapter shall not apply to or change the existing law in respect to:
(1) The landowner's right to place a dam across a gully on his or her property or across a stream that originates on that landowner's property where provision is made for continued established average minimum flow occurring for 7 consecutive days within the lowest flow year of record; or
(2) The right to build and maintain a dam or construct a pond and divert water from any stream on any stream having a minimum flow of not more than 1/2 million gallons of water per day, and utilize up to 360 acre inches of the impounded water per year so long as such action does not affect the established average minimum flow in the stream below the dam at any time; or
(3) Ponds not larger than 60,000 square feet constructed for purposes of conservation, recreation, propagation and protection of fish and wildlife, watering of stock or fire protection; or
(4) Linear water and wastewater utility projects that have a maximum width of disturbance of 30 feet or less and with a maximum total disturbance of 1 acre or less are:
(i) subject to Erosion and Sediment Control regulations adopted by the Department, and (ii) exempt from Stormwater Management regulation adopted by the Department. For the purposes of this section “erosion and sediment control” means the control of solid material, both mineral and organic, during a land disturbing activity, to prevent its transport out of the disturbed area by means of wind, water, gravity, or ice. For the purposes of this section “stormwater management” means:
a. For water quantity control, a system of vegetative, structural, and other measurers that controls the volume and rate of Stormwater runoff which may be caused by land disturbing activities upon the land; and
b. For water quality control, a system of vegetative, structural, and other measures that controls adverse effects on water quality that may be caused by land disturbing activities upon the land.
7 Del. C. 1953, §  6029;  59 Del. Laws, c. 212, §  1;  70 Del. Laws, c. 186, §  1;  80 Del. Laws, c. 392, § 2;
2023 Delaware Code › Title 7 - Conservation › Chapter 60. ENVIRONMENTAL CONTROL › Subchapter II. Powers and Duties of Secretary and Department › § 6030. Approval of water use.

§ 6030. Approval of water use.
No increase in the amount of water used shall be made by a user without prior approval of the Department.
7 Del. C. 1953, §  6030;  59 Del. Laws, c. 212, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 60. ENVIRONMENTAL CONTROL › Subchapter II. Powers and Duties of Secretary and Department › § 6032. Licensing of site evaluators, percolation testers and on-site system designers and contractors.

§ 6032. Licensing of site evaluators, percolation testers and on-site system designers and contractors.
(a) No person shall conduct percolation tests or soil evaluations or design, inspect or install on-site wastewater treatment and disposal systems without first having obtained a license from the Secretary. As a prerequisite of licensing, the Secretary may require the person to demonstrate familiarity with test procedures and applicable regulations, and to sign a statement under penalty of perjury that he or she will abide by all statutes and regulations governing the design, inspection and installation of on-site wastewater treatment and disposal systems. In addition, the Secretary may require each licensee or class of licensees to show proof of surety to cover liability for such risks and in such amounts as the Secretary may establish by regulation after public notice in accordance with § 6006 of this title.
(b) Any license by the Secretary shall be for a fixed term not to exceed 3 years and shall be renewable upon application.
(c) The Secretary shall adopt such other regulations after public notice and hearing in accordance with § 6006 of this title as necessary to accomplish the purposes of this title.
(d) The license requirements shall not apply in a county which has been delegated authority to issue septic tank permits pursuant to § 6003(d) of this title.
61 Del. Laws, c. 264, §  1;  65 Del. Laws, c. 361, §  1;  70 Del. Laws, c. 186, §  1;  74 Del. Laws, c. 139, §  2;
2023 Delaware Code › Title 7 - Conservation › Chapter 60. ENVIRONMENTAL CONTROL › Subchapter II. Powers and Duties of Secretary and Department › § 6033. Pretreatment program.

§ 6033. Pretreatment program.
(a) The Secretary shall develop, implement and enforce, and may amend, modify and repeal, a state pretreatment program in compliance with the Federal Water Pollution Control Act, as amended, 33 U.S.C. § 1251 et seq. and regulations promulgated thereunder. In addition to any other authority which the Secretary may exercise for this purpose under this chapter or other chapters of this Code, the Secretary may:
(1) Require any POTW to develop, submit for approval to the Secretary, administer and enforce a POTW pretreatment program;
(2) Review, approve and deny requests for approval of POTW pretreatment programs submitted by a POTW to the Secretary;
(3) Require any POTW, whether or not such POTW is required to develop and enforce a POTW pretreatment program, to develop, submit for approval to the Secretary and enforce specific limits on or prohibitions against discharges of pollutants by industrial users of such POTW to prevent interference with such POTW;
(4) Incorporate conditions into new or existing permits issued to POTWs, such as, but not limited to, compliance schedules, modification clauses, the elements of an approved pretreatment program and specific limits on or prohibitions against discharges by industrial users into such POTW;
(5) Review, approve and deny requests from POTWs required to develop POTW programs to modify categorical pretreatment standards to reflect removals achieved by such POTW;
(6) Require any POTW or industrial user to submit reports, monitor activities and maintain records to assure compliance with this section and regulations hereunder;
(7) Require compliance by industrial users with pretreatment standards, and discharge limits and prohibitions;
(8) Adopt, amend, modify or repeal rules or regulations to effectuate this section and comply with federal laws and regulations respecting pretreatment. Such rules and regulations shall be adopted, after public hearing, in accordance with § 6010 of this title; provided, however, that the Secretary may incorporate into state regulations without a public hearing a categorical pretreatment standard which has previously been promulgated by regulation by the Administrator of the United States Environmental Protection Agency. Prior to incorporating any such categorical pretreatment standard without a public hearing, the Secretary shall comply with §§ 10115, 10116 and 10118 of Title 29.
(b) The Secretary may seek any relief authorized by this chapter against any industrial user even if a POTW has acted or will act to seek such relief.
62 Del. Laws, c. 414, §  4;
2023 Delaware Code › Title 7 - Conservation › Chapter 60. ENVIRONMENTAL CONTROL › Subchapter II. Powers and Duties of Secretary and Department › § 6034. Sewage system cleansers and additives.

§ 6034. Sewage system cleansers and additives.
(a) No person shall distribute, sell, offer or expose for sale in this State any sewage system cleanser or additive containing any restricted chemical materials in excess of 1 part per hundred by weight. The penalty for an initial violation of this subsection shall be a formal written warning by the Secretary for the first offense; and for any subsequent violation a fine of $500 shall be imposed.
(b) No person shall use, introduce or apply, or cause any other person to use, introduce or apply in any sewage system, surface waters or groundwaters in this State any sewage system cleanser or additive containing any restricted chemical material or any combination thereof, in excess of 1 part per hundred. The penalty for violating this subsection shall be a fine of $100 for the first offense and $1,000 for each subsequent offense.
(c) No person shall serve water, or a product containing water, to the public from a well ordered closed due to the presence of restricted chemical materials. The penalty for each such violation shall be a fine of not less than $1,000 nor more than $10,000. Any subsequent violation of this subsection by a violator shall result in the closing of the facility until a new and safe source of water is found and is operative in the facility.
(d) The Courts of the Justices of the Peace shall have jurisdiction over offenses under this section.
(e) The Secretary, with assistance from the Division of Public Health, shall:
(1) Conduct a public education program by utilizing mass-media instruments within 90 days of July 17, 1984;
(2) Thereafter, conduct random spot checks in appropriate business concerns to insure that no restricted chemical materials are on sale; and
(3) Take appropriate enforcement action for violations of the sale or use of restricted chemical materials as provided in subsections (a) and (b) of this section.
64 Del. Laws, c. 370, §  2;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 Delaware Code › Title 7 - Conservation › Chapter 60. ENVIRONMENTAL CONTROL › Subchapter III. Solid Waste Recycling › § 6054. Delaware Recycling Fund.

§ 6054. Delaware Recycling 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 Delaware Recycling Fund (“the Fund”).
(b) The following revenue shall be deposited into the Fund:
(1) As specified in § 2912 of Title 30, the recycling fee on the sale of beverage containers;
(2) 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;
(3) Any other revenue appropriated or transferred to the account by the General Assembly; and
(4) Repayment of low interest loans.
(c) The Fund shall be used by the Secretary for the exclusive purpose of funding specific activities designed to enhance the State's recycling rate and the diversion of recyclables that would otherwise be land disposed. The Fund may be expended only:
(1) To fund the Recycling Grants and Low Interest Loan Program referenced in § 6055 of this title. Annual funding for the Recycling Grants and Low Interest Loan Program shall be dependent on revenue generated by the Fund;
(2) To pay the limited and reasonable cost of the Department and the Recycling Public Advisory Council to study, evaluate and report on the status and potential for recycling various components of the solid waste stream, with emphasis on those aspects of municipal solid waste and commercial waste necessary to achieve the diversion goals established in § 6056 of this title;
(3) To pay the Department's limited and reasonable costs for administering this subchapter. No greater than 10% of the revenue deposited into the Fund shall be used by the Department for administering this subchapter without approval of the Joint Finance Committee and shall include but not be limited to:
promoting the Recycling Grants and Low Interest Loan Program, universal recycling, zero waste principles, development of reporting requirements and related recycling initiatives; and
(4) To pay the Division of Revenue for the costs of administering § 2912 of Title 30.
(d) The Department shall commence the Recycling Grants and Low Interest Loan Program in calendar year 2011 and offer the Program at least annually thereafter until 2014.
(e) The revenue from the Fund and its disbursement via the Recycling Grants and Low Interest Loan Program shall be subject to audit and the recipient of any such funding shall agree to the audit and cooperate with the auditor as a condition of receiving funding.
(f) No expenditures shall be made from the Fund for any grants or loans pursuant to § 6055 of this title without the approval by the Controller General and Director of the Office of Management and Budget of a plan for revenues and expenditures for the period between December 1, 2010, and September 15, 2011.
77 Del. Laws, c. 275, §  1;