reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 7 - Conservation › Chapter 61. MINERALS IN SUBMERGED LANDS › § 6118. Restoration of visible lands to original condition.

§ 6118. Restoration of visible lands to original condition.
Upon any partial or total termination, surrender or forfeiture of its permit or lease, the Secretary may require that the permittee or lessee, within a reasonable time, restore that portion of the premises that is visible at extreme low tide, to substantially its original condition.
7 Del. C. 1953, §  6418;  55 Del. Laws, c. 442, §  1;  59 Del. Laws, c. 212, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 61. MINERALS IN SUBMERGED LANDS › § 6119. Pollution and contamination prohibited.

§ 6119. Pollution and contamination prohibited.
(a) Avoidable pollution or avoidable contamination of the ocean and of the waters covering submerged lands, avoidable pollution or avoidable contamination of the beaches or land underlying the ocean or waters covering submerged lands, or any substantial impairment of and interference with the enjoyment and use thereof, including but not limited to bathing, boating, fishing, fish and wildlife production, and navigation, shall be prohibited and the lessee shall exercise a high degree of care to provide that no oil, tar, residuary product of oil or any refuse of any kind from any well or works shall be permitted to be deposited on or pass into the waters of the ocean, any bay or inlet thereof, or any other waters covering submerged lands; provided, however, that this section does not apply to the deposit on, or passing into, such water or waters not containing any hydrocarbons or vegetable or animal matter.
(b) For the purposes of this section, “avoidable pollution” or “avoidable contamination” means pollution or contamination arising from:
(1) The acts or omissions of the lessee or its officers, employees or agents; or
(2) Events that could have been prevented by the lessee or its officers, employees or agents through the exercise of a high degree of care.
7 Del. C. 1953, §  6419;  55 Del. Laws, c. 442, §  1;  59 Del. Laws, c. 212, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 61. MINERALS IN SUBMERGED LANDS › § 6120. Extension of lease where permits required.

§ 6120. Extension of lease where permits required.
If the lessee, as disclosed by information submitted with his or her bid, proposes to drill 1 or more wells from filled lands, whether contiguous or noncontiguous to the littoral lands or uplands, or from any pier or from platforms or other fixed or floating structures to be constructed for such purpose, and if permission from any federal or state agency is legally required in order to construct any such filled lands or structures, the lessee shall be allowed a reasonable time following the execution of the lease within which to secure the necessary permission from such federal and state agencies as shall be legally required, and, upon the securing of such permission, a further reasonable time, determined with regard to the nature of the filled lands or structure or structures to be constructed, within which to commence operations for the drilling of such well or wells, and if necessary, the drilling term provided for in § 6121 of this title shall be extended by the Secretary to the date to which the time to commence operations for the drilling of such well or wells has been extended.
7 Del. C. 1953, §  6420;  55 Del. Laws, c. 442, §  1;  59 Del. Laws, c. 212, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 61. MINERALS IN SUBMERGED LANDS › § 6121. Commencing of operations for drilling.

§ 6121. Commencing of operations for drilling.
Subject to the lessee's right to surrender, the lessee shall commence operations for the drilling of a well within 5 years from date of the lease and commence production within 3 years of discovery of oil, gas, sulphur or other minerals in paying quantities, unless the Secretary shall have, for cause, granted an extension of time for such act. In addition, the lease shall have such exploratory, drilling and producing requirements as the Secretary deems necessary to encourage the exercise of due diligence on the part of the lessee.
7 Del. C. 1953, §  6421;  55 Del. Laws, c. 442, §  1;  59 Del. Laws, c. 212, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 61. MINERALS IN SUBMERGED LANDS › § 6122. Nonconflicting uses.

§ 6122. Nonconflicting uses.
The State reserves the right to permit reasonable nonconflicting use (including seismic surveys but excluding core hole drilling of lands under lease) so long as:
(1) Such uses do not unreasonably impair or interfere with operations of the lessee; and
(2) Requirement is made that the permittee indemnify the lessee against any damage caused by such use.
7 Del. C. 1953, §  6422;  55 Del. Laws, c. 442, §  1;  59 Del. Laws, c. 212, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 61. MINERALS IN SUBMERGED LANDS › § 6123. Assignability of lease.

§ 6123. Assignability of lease.
No permit, easement or lease, or any portion thereof shall be assignable without the prior written consent of the Secretary.
7 Del. C. 1953, §  6423;  55 Del. Laws, c. 442, §  1;  59 Del. Laws, c. 212, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 61. MINERALS IN SUBMERGED LANDS › § 6124. Protection against drainage.

§ 6124. Protection against drainage.
The lessee shall at all times proceed with due diligence to protect the leasehold from drainage by wells on land not owned by the State.
7 Del. C. 1953, §  6424;  55 Del. Laws, c. 442, §  1;  59 Del. Laws, c. 212, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 61. MINERALS IN SUBMERGED LANDS › § 6125. Surrender by lessee.

§ 6125. Surrender by lessee.
The lessee may at any time file with the Secretary a written surrender of all rights under the lease or any portion thereof or any separate or distinct zone or geological horizon or any portion thereof. Such surrender shall be effective as of the date of its filing subject to the continuing obligation of the lessee to pay all rentals and royalties theretofore accrued and to place all wells on the lands or in the zone or horizons surrendered in condition for suspension or abandonment in accordance with the applicable lease terms, regulations and law. Thereupon the lessee shall be released from all obligations under such lease with respect to the lands, zones or horizons surrendered, but no such surrender shall release such lessee from any liability for breach of any monetary obligation of the lease with respect to which such lessee is in default at the time of the filing of such surrender.
7 Del. C. 1953, §  6425;  55 Del. Laws, c. 442, §  1;  59 Del. Laws, c. 212, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 61. MINERALS IN SUBMERGED LANDS › § 6126. Cancellation of lease; judicial proceedings.

§ 6126. Cancellation of lease; judicial proceedings.
The Secretary may cancel any lease upon which oil, gas, sulphur or other minerals have not been discovered in paying quantities, upon failure of the lessee after 30 days' written notice and demand for performance, to exercise due diligence and care in the prosecution of the prospecting of development or work in accordance with the terms of the lease. After discovery of oil, gas, sulphur or other minerals in paying quantities on lands subject to any lease, such lease may be forfeited and cancelled only by appropriate judicial proceedings upon failure of the lessee after 90 days' written notice and demand for performance, to comply with any of the provisions of the lease or of laws or regulations applicable thereto and in force at the date of the invitation for bids in pursuance of which the lease was awarded; provided, however, that in the event of any such cancellation, the lessee shall have the right to retain under such lease any and all drilling or producing wells as to which no default exists, together with a parcel of land surrounding each such well and such rights-of-way through the leased lands as may be reasonably necessary to enable such lessee to drill and operate such retained well or wells. In the event of the cancellation of any lease, the lessee shall have a reasonable time within which to remove all property, equipment and facilities owned or used by the lessee in connection with operations under the lease.
7 Del. C. 1953, §  6426;  55 Del. Laws, c. 442, §  1;  59 Del. Laws, c. 212, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 61. MINERALS IN SUBMERGED LANDS › § 6127. Lease shall conform to all laws, rules and regulations.

§ 6127. Lease shall conform to all laws, rules and regulations.
It shall be a continuing condition of any lease that the lessee shall conform to all applicable laws of the State and all duly promulgated rules and regulations pursuant thereto in effect at the date of the invitation for bids in pursuance of which the lease was awarded. Periodic mutual negotiations between lessee and lessor may be carried out to make conditions, rules and regulations current as warranted by changes in environment or operational methods.
7 Del. C. 1953, §  6427;  55 Del. Laws, c. 442, §  1;  59 Del. Laws, c. 212, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 61. MINERALS IN SUBMERGED LANDS › § 6128. Notice of offer to lease; bid award; fee.

§ 6128. Notice of offer to lease; bid award; fee.
(a) The Secretary may offer to lease tide and submerged lands by publication of a notice of his or her intention to do so, once each week for not less than 2 weeks in 2 or more newspapers of general circulation in this State, 1 of which is published or has general circulation in the county in which the lands lie or the county contiguous thereto. The notice shall describe the lands so offered, and shall specify the rate of royalty and the rental, the manner in which bids may be filed with the Secretary, the amount of the deposit that must accompany each bid, and the time and place for filing bids, which time shall not be less than 30 days after the date of last publication of such notice. Further, the notice shall state that the lease will be awarded to the bidder offering the highest cash bonus, that the form of lease, conditions for bidding and bid form may be obtained from the Secretary upon request, and that the lease is subject to prior approval by the United States Defense Department.
(b) Each bid shall be enclosed in a sealed envelope, shall be on the form provided by the Secretary and shall be accompanied by duplicate lease forms executed by the bidder, and by a certified or cashier's check or checks payable to the State in the amount fixed by the Secretary which sum shall be deposited as evidence of good faith and, except in the case of the successful bidder, shall be returned to the bidder promptly. If the successful bidder fails to pay the balance of the cash bonus bid and the annual rental for the first year within 15 days after the award of the lease, or fails to post any bond required by the lease or the regulations in effect at the date of the invitation for bids within the time prescribed, the amount of the deposit shall be forfeited to the State.
(c) At the time and place specified in the notice the Secretary shall publicly open the sealed bids and shall within 30 days reject all bids or award the lease for each parcel to a responsible bidder who, in addition to complying with all of the conditions for bidding, offers the highest cash bonus. The Secretary may reject any or all bids.
(d) Following the award of the lease, the payment by the successful bidder of the balance of the cash bonus, the annual rental for the first year, and the fees specified in this section, and the posting of any required bonds, the Secretary and the Governor shall execute the lease in duplicate on behalf of the State and transmit 1 counterpart thereof to the lessee. The lease shall become effective as of the date of such execution.
(e) The Secretary shall prescribe a reasonable fee to cover the procedures under this section, which shall be paid by the successful bidder.
7 Del. C. 1953, §  6428;  55 Del. Laws, c. 442, §  1;  59 Del. Laws, c. 212, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 61. MINERALS IN SUBMERGED LANDS › § 6129. Execution of lease.

§ 6129. Execution of lease.
All leases and other instruments required in carrying out this chapter shall be executed by the Secretary and the Governor. All bonds, contracts and other instruments required by this chapter for the protection of the interests of this State and its political subdivisions, persons and property therein, shall be executed and delivered to the Secretary.
7 Del. C. 1953, §  6429;  55 Del. Laws, c. 442, §  1;  59 Del. Laws, c. 212, §  1;  65 Del. Laws, c. 508, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 61. MINERALS IN SUBMERGED LANDS › § 6130. Proceeds to General Fund.

§ 6130. Proceeds to General Fund.
The proceeds from all leases under this chapter, including rents and royalties, after payment of the necessary expenses incurred by the Secretary in carrying out this chapter, shall be turned over to the Secretary of Finance and deposited by him or her in the General Fund of the State.
7 Del. C. 1953, §  6430;  55 Del. Laws, c. 442, §  1;  57 Del. Laws, c. 739, §  215;  59 Del. Laws, c. 212, §  1;  65 Del. Laws, c. 508, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 61. MINERALS IN SUBMERGED LANDS › § 6131. Discriminatory bidding requirements prohibited.

§ 6131. Discriminatory bidding requirements prohibited.
In leasing tide and submerged lands, the Secretary may not discriminate between bidders by requiring drilling from:
(1) Upland or littoral drill sites;
(2) Sites on filled land, whether contiguous or noncontiguous to the littoral lands or uplands; or
(3) Any pier, platform or other fixed or floating structure in, on or over tide and submerged lands with respect to which this State or any other owner thereof has consented to use.
7 Del. C. 1953, §  6431;  55 Del. Laws, c. 442, §  1;  59 Del. Laws, c. 212, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 61. MINERALS IN SUBMERGED LANDS › § 6132. Retention or protection of fill.

§ 6132. Retention or protection of fill.
Under a lease entered into by the Secretary pursuant to this chapter, the fill constituting filled lands may be retained in place or protected by bulkheads, seawalls, revetments or similar enclosures and may be placed at any location approved by the Secretary in consultation with interested agencies, boards and commissions.
7 Del. C. 1953, §  6432;  55 Del. Laws, c. 442, §  1;  59 Del. Laws, c. 212, §  1;  65 Del. Laws, c. 508, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 61. MINERALS IN SUBMERGED LANDS › § 6133. Interest leaseable.

§ 6133. Interest leaseable.
Any interest in lands, or lands in fee simple, acquired by the Secretary by purchase, donation, lease, condemnation or otherwise, may be made available to any lessee of the State for the purposes contained in this chapter and upon such terms and conditions as may be determined by the Secretary.
7 Del. C. 1953, §  6433;  55 Del. Laws, c. 442, §  1;  59 Del. Laws, c. 212, §  1;  65 Del. Laws, c. 508, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 61. MINERALS IN SUBMERGED LANDS › § 6134. Joint exploration.

§ 6134. Joint exploration.
For the purpose of properly conserving the natural resources of any single oil, gas or other mineral, pool or field lessees under this chapter and their representatives may unite with each other jointly or separately, or jointly or separately with others owning or operating lands not belonging to the State, in collectively adopting and operating under a cooperative or unit plan of development or operation of the pool or field, whenever it is determined by the Secretary to be necessary or advisable in the public interest. The Secretary may, with the consent of the holders of the leases involved, establish, alter, change and revoke any drilling and production requirements of such leases, and make such regulations with reference to such leases, with like consent on the part of the lessees, in connection with the institution and operation of any such cooperative or unit plan, as the Secretary deems necessary or proper to secure the proper protection of the interests of the State.
7 Del. C. 1953, §  6434;  55 Del. Laws, c. 442, §  1;  59 Del. Laws, c. 212, §  1;  65 Del. Laws, c. 508, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 61. MINERALS IN SUBMERGED LANDS › § 6135. Sulphur.

§ 6135. Sulphur.
This chapter applies equally to the exploration and leasing of tide and submerged lands for the production of sulphur, save and except that the royalty for sulphur produced under this chapter shall not be less than $1.00 per long ton.
7 Del. C. 1953, §  6435;  55 Del. Laws, c. 442, §  1;  59 Del. Laws, c. 212, §  1;  65 Del. Laws, c. 508, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 61. MINERALS IN SUBMERGED LANDS › § 6136. Jurisdiction over matters affecting health and safety.

§ 6136. Jurisdiction over matters affecting health and safety.
This chapter does not deprive this State or any agency or instrumentality thereof of its jurisdiction over matters affecting the public health and safety, including but not limited to the control of air and water pollution.
7 Del. C. 1953, §  6436;  55 Del. Laws, c. 442, §  1;  59 Del. Laws, c. 212, §  1;  65 Del. Laws, c. 508, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 61. MINERALS IN SUBMERGED LANDS › § 6137. No permit or lease to violators of this chapter.

§ 6137. No permit or lease to violators of this chapter.
No permit or lease shall be granted to any person then in violation of any law or regulation applicable to this chapter.
7 Del. C. 1953, §  6437;  55 Del. Laws, c. 442, §  1;  59 Del. Laws, c. 212, §  1;  65 Del. Laws, c. 508, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 61. MINERALS IN SUBMERGED LANDS › § 6138. Rules, regulations, orders.

§ 6138. Rules, regulations, orders.
In addition to and not in lieu of any other powers granted under this chapter, the Secretary may promulgate reasonable rules, regulations and orders necessary to regulate geological, geophysical and seismic surveys on, and operations to remove oil, gas, sulphur and other minerals from the tide and submerged lands of this State under this chapter.
7 Del. C. 1953, §  6438;  55 Del. Laws, c. 442, §  1;  59 Del. Laws, c. 212, §  1;  65 Del. Laws, c. 508, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 61. MINERALS IN SUBMERGED LANDS › § 6139. Federal approval.

§ 6139. Federal approval.
All leases and permits granted pursuant to this chapter shall be subject to prior approval by the Department of Defense of the United States and shall be subject to any restriction or limitation imposed by the Department of Defense.
7 Del. C. 1953, §  6439;  55 Del. Laws, c. 442, §  1;  59 Del. Laws, c. 212, §  1;  65 Del. Laws, c. 508, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 61. MINERALS IN SUBMERGED LANDS › § 6140. Delegation of authority.

§ 6140. Delegation of authority.
The Secretary may, from time to time, delegate the State Geologist, with his or her consent, to act in the Secretary's behalf under this chapter. When so designated, the State Geologist shall have all the duties and powers of the Secretary under this chapter.
7 Del. C. 1953, §  6440;  55 Del. Laws, c. 442, §  1;  59 Del. Laws, c. 212, §  1;  65 Del. Laws, c. 508, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 61. MINERALS IN SUBMERGED LANDS › § 6141. Existing rights.

§ 6141. Existing rights.
This chapter shall not change the law of this State relating to existing property, riparian or other rights of this State or other persons in submerged, tideland or filled lands.
7 Del. C. 1953, §  6461;  55 Del. Laws, c. 442, §  1;  59 Del. Laws, c. 212, §  1;  65 Del. Laws, c. 508, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 61. MINERALS IN SUBMERGED LANDS › § 6142. Violations; enforcement; civil and criminal penalties.

§ 6142. Violations; enforcement; civil and criminal penalties.
(a) The Secretary shall enforce this chapter.
(b) Whoever violates this chapter, or any rule, or regulation, or condition of a lease or permit issued pursuant to authority granted in this chapter or an order of the Secretary shall be punishable as follows:
(1) If the violation has been completed, by a civil penalty of not less than $1,000 nor more than $10,000 for each completed violation. Each day of continued violation shall be considered as a separate violation. The Superior Court shall have jurisdiction of a violation in which a civil penalty is sought.
(2) If the violation is continuing or threatening to begin, the Secretary may, in addition to seeking a monetary penalty as provided in paragraph (b)(1) of this section, seek a temporary restraining order, a temporary injunction or permanent injunction in the Court of Chancery.
(c) Whoever violates this chapter, or any rule, or regulation promulgated thereunder or any rule or regulation in effect at the time of the enactment of this chapter or any lease or permit condition, or any order of the Secretary, shall be punished by a criminal penalty of not less than $50 nor more than $500 for each violation. Each day of violation shall be considered as a separate violation. The Courts of the Justice of the Peace shall have jurisdiction of offenses under this subsection.
(d) Any person who knowingly makes any false statement, representation or certification in any application, record, report, plan or other document filed or required to be maintained under this chapter, or under any lease or permit, rule, regulation or order issued under this chapter, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required to be maintained under this chapter, shall upon conviction be punished by a fine of not less than $500 nor more than $5,000 or by imprisonment for not more than 6 months, or both. The Superior Court shall have jurisdiction of offenses under this subsection.
59 Del. Laws, c. 527, §  1;  65 Del. Laws, c. 508, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 61. MINERALS IN SUBMERGED LANDS › § 6143. Cease and desist order.

§ 6143. Cease and desist order.
The Secretary shall have the power to issue an order to any person violating any rule, or regulation, or permit condition, or lease condition, or provision of this chapter, to cease and desist from such violation. Any cease and desist order issued pursuant to this section shall expire (1) after 30 days of its issuance, or (2) upon withdrawal of said order by the Secretary, or (3) when the order is superseded by an injunction, whichever occurs first.
59 Del. Laws, c. 527, §  1;  65 Del. Laws, c. 508, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 62. OIL POLLUTION LIABILITY › § 6204. Removal of illegal discharge.

§ 6204. Removal of illegal discharge.
Any person determined by the Secretary to be responsible for causing an incident shall immediately undertake to remove such oil pollution to the Secretary's satisfaction. If the person responsible fails immediately to undertake to remove the oil pollution to the Secretary's satisfaction, the Secretary may undertake the removal of such oil pollution and may retain agents and contractors for such purpose who shall operate under the direction of the Secretary. The Secretary may authorize a third person, affected by such oil pollution, to expend funds to remove said oil pollution at the expense of the person responsible for same. All moneys expended by the Secretary under this section and recovered under § 6205 of this title are hereby appropriated to the Department of Natural Resources and Environmental Control to carry out the purposes of this chapter.
61 Del. Laws, c. 127, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 62. OIL POLLUTION LIABILITY › § 6205. Enforcement.

§ 6205. Enforcement.
(a) Any person who violates a provision of this chapter or any rule or regulation promulgated thereunder shall be liable in any court of competent jurisdiction for a civil penalty of not less than $1,000 nor more than $10,000 for each day of violation. Any civil penalties collected under this section are hereby appropriated to the Department to carry out the purposes of this chapter.
(b) The Secretary may seek appropriate relief, including injunctive relief, in any court of competent jurisdiction to prohibit and prevent such violation or violations from continuing.
(c) The Secretary may also bring an action in any court of competent jurisdiction for the collection of expenses incurred by the Department resulting from the violation of this chapter or any rule or regulation promulgated thereunder.
61 Del. Laws, c. 127, §  1;  65 Del. Laws, c. 319, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 62. OIL POLLUTION LIABILITY › § 6206. Service of process on owners or operators of vessels or facilities who are nonresidents or corporations not incorporated in Delaware.

§ 6206. Service of process on owners or operators of vessels or facilities who are nonresidents or corporations not incorporated in Delaware.
(a) Any nonresident who, either in person or through others, owns or operates a vessel or facility in or upon the lands or waters of this State or any nonresident who, either in person or through others, owns or operates a vessel or facility outside the State, which while located outside the State causes an incident in or upon the lands or waters of the State shall be deemed thereby to have submitted himself or herself to the jurisdiction of the courts of this State and to have appointed and constituted the Secretary of State of this State or the Secretary's designee as his or her agent for the acceptance of legal process in any action under this chapter. The force, validity and effect of service of process under this subsection as well as the procedure for effectuating said service shall be governed in all respects by § 3104 of Title 10.
(b) Any corporation, not incorporated in this State, which itself or through others owns or operates a vessel or facility in or upon the lands or waters of this State or any such corporation which itself or through others owns or operates a vessel or facility outside the State which, while outside the State, causes an incident in or upon the lands or waters of this State, shall be deemed thereby to have sufficient contacts with this State to have submitted itself to the jurisdiction of the courts of this State. The force, validity and effect of service of process under this subsection as well as the procedure for effectuating said service shall be governed in all respects by § 3111 of Title 10.
61 Del. Laws, c. 127, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 62. OIL POLLUTION LIABILITY › § 6207. Damages; claimants.

§ 6207. Damages; claimants.
(a) In addition to all necessary costs of investigation and prosecution claims for damages for economic loss, arising out of or directly resulting from oil pollution, may be asserted for:
(1) Cleanup costs;
(2) Injury to, or destruction of, real or personal property;
(3) Loss of use of real or personal property;
(4) Injury to, or destruction of, natural resources;
(5) Loss of use of natural resources;
(6) Loss of profits or impairment of earning capacity due to injury or destruction of real or personal property or natural resources; and
(7) Loss of tax revenue for a period of 1 year due to injury to real or personal property.
(b) A claim authorized by subsection (a) of this section may be asserted:
(1) Under any items, by the Attorney General on behalf of the State, its citizens or subdivisions; however, the right of any claimant or claimants to proceed in their own behalf shall not be impaired;
(2) Under paragraph (a)(1) of this section, by any claimant;
(3) Under paragraphs (a)(2), (3) and (5) of this section, by any claimant, if the property involved is owned or leased, or the natural resource involved is utilized, by the claimant;
(4) Under paragraph (a)(4) of this section, by the Governor, as trustee for natural resources over which the State has sovereign rights;
(5) Under paragraph (a)(6) of this section, by any claimant, if the claimant derives at least 15 percent of his or her income from activities which utilize the property or natural resource;
(6) Under paragraph (a)(7) of this section, by the State or political subdivision thereof.
61 Del. Laws, c. 127, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 62. OIL POLLUTION LIABILITY › § 6208. Liability.

§ 6208. Liability.
(a) Subject to subsection (b) of this section, the owner and operator of a vessel or of a facility, which is the source of, or poses a threat of, oil pollution, shall be jointly, severally and strictly liable for all damages for which a claim may be asserted under § 6207 of this title.
(b) There shall be no liability under subsection (a) of this section:
(1) To the extent that the incident is caused by an act of war, hostilities, civil war or insurrection, or by a natural phenomenon of an unforeseen, exceptional, inevitable and irresistible character;
(2) As to a particular claimant, where the incident or the economic loss is caused by the gross negligence or wilful misconduct of that claimant.
(c) In addition to the damages for which claims may be asserted under § 6207 of this title, the owner, operator or guarantor shall be liable to the claimant for such interest as may be awarded in the discretion of the court as well as court costs and attorneys' fees.
(d) Nothing in this chapter shall bar a cause of action that an owner or operator, subject to liability under subsection (a) of this section, or a guarantor has or would have, by reason of subrogation or otherwise, against any person or governmental entity other than the State and its agencies or subdivisions.
61 Del. Laws, c. 127, §  1;  79 Del. Laws, c. 38, §  2;
2023 Delaware Code › Title 7 - Conservation › Chapter 62. OIL POLLUTION LIABILITY › § 6209. Financial responsibility.

§ 6209. Financial responsibility.
(a) The owner or operator of a vessel or offshore facility shall establish and maintain evidence of financial responsibility by obtaining a Certificate of Financial Responsibility issued by the United States Coast Guard pursuant to the requirements of the Oil Pollution Act of 1990 (OPA), 33 U.S.C. § 2701, et seq., and regulations promulgated thereunder, enacted as of June 6, 2013. An owner or operator of a vessel or offshore facility that is not required by OPA to establish and maintain such evidence of financial responsibility shall be exempt from the requirements of this subsection, and from subsections (b) and (c) of this section.
(b) The master or operator of any vessel or offshore facility subject to this chapter shall have in his or her possession at all times certification that the financial responsibility provisions of this section have been complied with. Pilots of vessels holding a license issued by the State shall demand that such certification of financial responsibility be produced before providing any pilot service to said vessel.
(c) The owner or operator of any vessel or offshore facility subject to this chapter who, upon request, does not produce a COFR issued by the United States Coast Guard pursuant to OPA shall be punished by a fine of not less than $5,000 nor more than $15,000 for each such violation.
(d) Any claim authorized by § 6207 of this title may be asserted directly against any guarantor providing evidence of financial responsibility as required by the United States Coast Guard pursuant to OPA. In defending such claim, the guarantor shall be entitled to invoke all rights and defenses which would be available to the owner or operator under this title. He or she shall also be entitled to invoke the defense that the incident was caused by the wilful misconduct of the owner or operator, but shall not be entitled to invoke any other defense which he or she might have been entitled to invoke in proceedings brought by the owner or operator against him or her.
61 Del. Laws, c. 127, §  1;  70 Del. Laws, c. 186, §  1;  79 Del. Laws, c. 38, §  3;
2023 Delaware Code › Title 7 - Conservation › Chapter 62. OIL POLLUTION LIABILITY › § 6210. Notification; designation; advertisement.

§ 6210. Notification; designation; advertisement.
(a) The person in charge of a vessel or facility, which is subject to this chapter, as soon as he or she has knowledge of an incident in which the vessel or facility is involved, shall immediately notify the Secretary of the incident.
(b) (1) When the Secretary receives information, pursuant to subsection (a) of this section or otherwise, of an incident which involves oil pollution, the Secretary shall, where possible, designate the source or sources of the oil pollution and shall immediately notify the owner and operator of such source, and the guarantor, of that designation as well as the Attorney General of the State.
(2) When a source designated under paragraph (b)(1) of this section is a vessel or a facility, and the owner, operator or guarantor fails to inform the Secretary, within 5 days after receiving notification of the designation, of his or her denial of such designation, such owner, operator or guarantor, in accordance with regulations promulgated by the Secretary, shall advertise the designation and the procedures by which claims may be presented to him or her. If advertisement is not otherwise made in accordance with this paragraph, the Secretary shall, at the expense of the owner, operator or guarantor involved, advertise the designation and the procedures by which claims may be presented to that owner, operator or guarantor.
(c) Advertisement under subsection (b) of this section shall commence no later than 15 days from the date of the designation made thereunder to continue for a period of no less than 30 days.
61 Del. Laws, c. 127, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 62. OIL POLLUTION LIABILITY › § 6211. Claims settlement.

§ 6211. Claims settlement.
(a) Except as provided in subsection (b) of this section, all claims shall be presented to the owner, operator or guarantor.
(b) In the case of a claim presented in accordance with subsection (a) of this section, and in which:
(1) The person to whom the claim is presented denies all liability for the claim, for any reason; or
(2) The claim is not settled by any person by payment to the claimant within 60 days of the date upon which the claim was presented, or advertising was commenced pursuant to § 6210(b)(2) of this title, whichever is later,
the claimant may elect to commence an action in Superior Court against the owner, operator or guarantor.
(c) (1) In any action brought against an owner, operator or guarantor, both the plaintiff and defendant shall serve a copy of the complaint and all subsequent pleadings therein upon the Attorney General and Secretary at the same time those pleadings are served upon the opposing parties.
(2) The Attorney General may intervene in the action as a matter of right.
(3) In any action to which the Secretary is a party, if the owner, operator or guarantor admits liability under this chapter, the Secretary upon his or her motion shall be dismissed therefrom.
(d) No claim may be presented, nor may an action be commenced for damages recoverable under this chapter, unless that claim is presented to, or that action is commenced against, the owner, operator or guarantor, as to their respective liabilities, within 3 years from the date of discovery of the economic loss for which a claim may be asserted under § 6207(a) of this title or within 6 years of the date of the incident which resulted in that loss, whichever is earlier.
61 Del. Laws, c. 127, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 62. OIL POLLUTION LIABILITY › § 6212. Adjudication by Secretary.

§ 6212. Adjudication by Secretary.
In lieu of any action under § 6211(a) or (b) of this title, the claimant may elect to submit his or her claim to the Secretary for adjudication, that election to be irrevocable and exclusive.
61 Del. Laws, c. 127, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 62. OIL POLLUTION LIABILITY › § 6213. Appeal to Board.

§ 6213. Appeal to Board.
Any person whose interest is substantially affected by the adjudication of the Secretary under § 6212 of this title may appeal to the Environmental Appeals Board within 20 days after the Secretary has announced his or her decision. The Board may affirm, modify or reverse the decision of the Secretary. If the decision of the Secretary is overruled or modified by the Board, then the Board shall state reasons for its decision. No decision of the Board shall be valid unless signed by a minimum of 5 members.
61 Del. Laws, c. 127, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 62. OIL POLLUTION LIABILITY › § 6214. Appeal from Board.

§ 6214. Appeal from Board.
(a) Any person or persons, jointly or severally, aggrieved by any decision of the Board, may appeal to the Superior Court in and for the county in which the incident in question wholly or principally occurred by filing a petition, duly verified, setting forth the grounds of the appeal. Any such appeal shall be perfected within 30 days of the receipt of the written decision of the Board.
(b) The Court may affirm, reverse or modify the Board's decision. The Board's findings of fact shall not be set aside unless the Court determines that the record contains no substantial evidence that would reasonably support the findings. If the Court finds that additional evidence should be taken, the Court may remand the case to the Board for completion of the record.
61 Del. Laws, c. 127, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 62. OIL POLLUTION LIABILITY › § 6215. Subrogation.

§ 6215. Subrogation.
Any person or governmental entity who shall pay compensation to any claimant for an economic loss, compensable under § 6207(a) of this title, shall be subrogated to all rights, claims and causes of action which that claimant has under this chapter.
61 Del. Laws, c. 127, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 62. OIL POLLUTION LIABILITY › § 6216. Rules and regulations.

§ 6216. Rules and regulations.
The Secretary may, after public hearing in accordance with § 6006 of this title, adopt, amend, modify or repeal rules or regulations to effectuate the policies and purposes of this chapter.
61 Del. Laws, c. 127, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 63. HAZARDOUS WASTE MANAGEMENT › Subchapter I. Hazardous Waste › § 6301. Findings; purpose.

§ 6301. Findings; purpose.
(a) The General Assembly finds that:
(1) Continuing technological progress, increases in the amounts of manufacture and the abatement of air and water pollution have resulted in ever-increasing quantities of hazardous wastes;
(2) The public health and safety and the environment are threatened where hazardous wastes are not managed in an environmentally sound manner and where there are no commercial hazardous waste management facilities available;
(3) The knowledge and technology necessary to alleviate adverse health, environmental and aesthetic impacts resulting from current hazardous waste management and disposal practices are believed to be generally available at costs within the financial capability of those who generate such wastes, but that such knowledge and technology are not widely used;
(4) The problem of managing hazardous wastes has become a matter of statewide concern.
(b) Therefore, it is hereby declared that the purposes of this chapter are:
(1) To protect the public health and safety, the health of organisms and the environment from the effects of the improper, inadequate or unsound management of hazardous wastes;
(2) To establish a program of regulation over the storage, transportation, treatment and disposal of hazardous wastes; and
(3) To assure the safe and adequate management of hazardous wastes within this State.
62 Del. Laws, c. 412, §  3;  66 Del. Laws, c. 364, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 63. HAZARDOUS WASTE MANAGEMENT › Subchapter I. Hazardous Waste › § 6303. Hazardous waste management plan.

§ 6303. Hazardous waste management plan.
(a) The Department is authorized to study and investigate the problems of hazardous waste control and management in Delaware, and shall develop and publish after public hearing a statewide hazardous waste management plan, which shall include, but not be limited to:
(1) A description of the sources of hazardous waste generation within the State, including the types and quantities of such wastes, and the location of hazardous waste generators, disposal facilities and storage sites;
(2) A description of current hazardous waste management practices and costs, including treatment and disposal, within the State;
(3) An informational reporting system of hazardous waste quantities generated and disposed of in the State;
(4) Criteria for the siting of hazardous waste disposal facilities;
(5) Information on methods of reuse, recycling and reduction of hazardous wastes, including the feasibility of establishing facilities, institutions or requirements for the purpose of encouraging the reuse, recycling, reduction and utilization of hazardous wastes for useful purposes.
(b) In carrying out any studies or investigations under this section, the Department shall seek the cooperation and advice of the Delaware Solid Waste Authority.
62 Del. Laws, c. 412, §  3;
2023 Delaware Code › Title 7 - Conservation › Chapter 63. HAZARDOUS WASTE MANAGEMENT › Subchapter I. Hazardous Waste › § 6306. Generation and transportation of hazardous waste.

§ 6306. Generation and transportation of hazardous waste.
(a) Within 90 days of the effective date of regulations promulgated under this chapter setting forth criteria for identifying the characteristics of hazardous wastes and listing hazardous wastes, any person generating or transporting hazardous waste within this State shall submit to the Department a description of the source of the hazardous wastes, including the types and quantities thereof, and the location of the generating facility, as well as the storage and disposal sites.
(b) Any person generating hazardous waste shall comply with all requirements, as set forth in regulations under this chapter, respecting accurate identification through labeling practices of any containers used for the storage, transport or disposal of such hazardous wastes.
(c) Any person generating or transporting hazardous waste shall, in accordance with duly promulgated regulations, use a manifest system to assure that all hazardous waste generated is designated for treatment, storage or disposal in facilities (other than facilities on the premises where the waste is generated) for which a permit has been issued pursuant to this chapter or pursuant to the Resource Conservation and Recovery Act of 1976 (Pub. L. 94-580, as amended) [42 U.S.C. § 6901 et seq.].
(d) Any person generating any solid waste shall be responsible for any testing necessary to determine whether any material generated by them is a hazardous waste according to Department approved testing procedures.
(e) This chapter and regulations applicable to transporters of hazardous waste shall apply equally to those persons transporting hazardous wastes generated by others and to those transporting hazardous wastes they have generated themselves, or combinations thereof, as well as to persons transporting hazardous waste into, through or out of the State.
(f) Any person transporting hazardous waste must report a hazardous waste discharge to appropriate officials and clean up any hazardous waste discharge that occurs during transportation or take such other action as may be required or approved by appropriate officials so that the discharge no longer presents a hazard to human health or the environment.
(g) Any person transporting hazardous waste who owns, operates or utilizes a hazardous waste transfer facility for storage of in-transport hazardous waste shall do so in accordance with the Delaware Regulations Governing Hazardous Wastes.
62 Del. Laws, c. 412, §  3;  64 Del. Laws, c. 162, §  5;  66 Del. Laws, c. 140, §  2;  66 Del. Laws, c. 364, §§  4, 5;  70 Del. Laws, c. 240, §§  2, 3;
2023 Delaware Code › Title 7 - Conservation › Chapter 63. HAZARDOUS WASTE MANAGEMENT › Subchapter II. Miscellaneous Provisions › § 6310. Inspections; right of entry.

§ 6310. Inspections; right of entry.
(a) For the purpose of developing or enforcing any regulation, permit or other requirement authorized by this chapter, any duly authorized employee of the Department may, upon presentation of appropriate credentials at any reasonable time:
(1) Enter any place or conveyance where hazardous wastes are generated, stored, transported, treated or disposed of;
(2) Inspect and obtain samples from any person of any such wastes and samples of any containers or labeling for such wastes, and prior to leaving the premises, give to the owner, operator or agent in charge a receipt describing the sample obtained, and if requested, a portion of each such sample equal in volume or weight to the portion retained. If any analysis is made of such samples, a copy of the results of such analysis shall be furnished promptly to the owner, operator or agent in charge;
(3) Inspect and copy any records, reports, information or test results relating to the purposes of this chapter.
(b) Upon any refusal of entry, inspection, sampling or copying pursuant to this section, a duly authorized employee of the Department may apply for and obtain a warrant to allow such entry, inspection, sampling or copying in the manner established by the rules and law of criminal procedure.
(c) No duly authorized employee of the Department who enters upon premises, vehicles or equipment for purposes set forth in subsection (a) of this section shall have a cause of action against the owner, operator or occupier thereof for any injuries or damages sustained by such person while on the premises, vehicles or equipment unless such injuries or damages were intentional on the part of the owner, operator or occupier or were caused by the willful or wanton disregard of the rights of others.
62 Del. Laws, c. 412, §  3;