reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 7 - Conservation › Chapter 60. ENVIRONMENTAL CONTROL › Subchapter III. Solid Waste Recycling › § 6055. Recycling Grants and Low Interest Loan Program.

§ 6055. Recycling Grants and Low Interest Loan Program.
(a) There is hereby established a competitive Recycling Grants and Low Interest Loan Program (the “Program”) to assist persons engaged in the business of collecting, transporting, processing, or marketing recyclable materials with the implementation of:
(1) Source-separated recyclables collection and processing programs with emphasis on start-up costs for residential single-stream recyclables collection; and
(2) Start-up costs for initiatives which result in the recycling of solid waste materials which would otherwise be land disposed, with emphasis on commercial waste.
The Program shall be administered by the Department, and moneys from the Program shall be paid based on approved grant and loan moneys. The Department shall be entitled to disburse grant and loan monies for the documented costs of implementing the collection or processing of recyclable materials. The Department shall be entitled to adopt guidelines and procedures for administering the Program and determining eligibility for receipt of funding pursuant to § 6054 of this title. Such procedures shall include provisions for repayment of loans to the Department and may include a rebate program for costs based on, including but not limited to, a prorated share of household customers in a recycling program that may have been in existence prior to creation of this law. The Department shall solicit the commentary of the grant eligible stakeholders during development of the grant guidelines and procedures. The Program shall be funded by monies made available under the provisions of § 6054 of this title.
(b) The Recycling Public Advisory Council, after the receipt of comments by grant and loan eligible stakeholders, shall make recommendations annually to the Department regarding the programmatic priorities for awarding Program funds under this subchapter. The Recycling Public Advisory Council shall provide recommendations regarding the categories and priorities for grants and loans that reflect an informed and representative view of the most urgent and important areas where grant funding will provide the most benefit to the State balancing current needs with those of future generations.
(c) The Department shall review all grant and loan applications and award grants and loans taking into consideration the Recycling Public Advisory Council recommendations. In those cases where the Department's funding decisions differ significantly from the Recycling Public Advisory Council recommendations, the Department shall report to the Recycling Public Advisory Council the justification for such differences.
(d) Any person providing solid waste collection services that is a recipient of a grant or low interest loan from the Delaware Recycling Fund shall not, as a result of implementation of universal recycling, increase rates charged for solid waste collection between such time as they make application for the grant until March 15, 2013.
77 Del. Laws, c. 275, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 60. ENVIRONMENTAL CONTROL › Subchapter III. Solid Waste Recycling › § 6056. Adopting diversion goals and reporting requirements.

§ 6056. Adopting diversion goals and reporting requirements.
It is the intent of the General Assembly that implementation of the requirements of this subchapter reduce the amount of nonhazardous solid waste currently deposited in landfills in this State by maximizing the recovery of recyclable materials. In order to do so, it will be necessary for the State to embrace the Zero Waste Principles of designing and managing products and processes to systematically avoid and eliminate the volume and toxicity of waste and materials, conserve and recover all resources, and not incinerate or bury them. In that spirit, the following Interim Waste Diversion Goals are established with the understanding that as more data and information regarding the implementation of universal recycling become available, the goals leading up to January 1, 2020, may be modified by the Department as circumstances dictate; however, the January 1, 2020, goals may not be modified without the approval of the General Assembly:
(1) In order to effectively measure the diversion rates being achieved, all persons, including persons who collect, process or market recyclables, with the exception of those specified in § 6053(5) of this title, must report to the Department on a calendar year basis, no later than February 15 of the following year, the type and quantity of recyclables managed, the method of recycling collection used (single or multiple streams), and the location of the recycling facilities used pursuant to reporting guidance developed by the Department and the Recycling Public Advisory Council. Said reporting guidance shall be developed pursuant to the solicitation of stakeholders responsible for reporting, shall take into account the need for confidentiality of the information reported and shall be finalized no later than December 1, 2010. The first recycling report shall cover calendar year 2011 and shall be due no later than February 15, 2012.
(2) In order to ensure that the waste diversion goals specified in Table 1 of this section above are achieved by the dates specified, the Department, in cooperation with the Recycling Public Advisory Council [RPAC], shall assess progress and recommend to the Governor and General Assembly any additional mechanisms necessary including but not limited to:
which waste streams must be diverted from disposal; the parties responsible for ensuring the identified waste streams are diverted from disposal; the date by which the diverted waste streams must be diverted from disposal; implementation of Pay As You Throw; Extended Producer Responsibility; incentive based recycling; waste bans and related requirements. Such assessment shall be completed, inclusive of any draft legislation determined necessary, and submitted to the General Assembly no later than November 1, 2014, as part of the RPAC annual report.
77 Del. Laws, c. 275, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 60. ENVIRONMENTAL CONTROL › Subchapter III. Solid Waste Recycling › § 6057. Beverage containers — Findings, intent, prohibitions.

§ 6057. Beverage containers — Findings, intent, prohibitions.
(a) The General Assembly hereby finds that beverage containers are a valuable recyclable material and a major source of nondegradable litter in this State and that the collection and disposal of this litter and solid waste constitutes a great financial burden for the citizens of this State; and that, in addition to this unnecessary expenditure of tax moneys, such litter unreasonably interferes with the enjoyment of life and property by our citizens; and that the practice of littering and disposal of a recyclable material is not compatible with previously adopted policies of the State in regard to proper use and protection of our natural resources.
(b) It is the intent of the General Assembly to increase recycling significantly, inclusive of beverage containers, thereby conserving valuable natural resources, removing the blight of litter on the landscape of the State caused by the disposal of beverage containers and other packaging, and reduce the increasing costs of litter collection and disposal.
(c) Prohibitions. — No beverage shall be sold or offered for sale in this State:
(1) In containers connected to each other with plastic rings or similar devices which are not classified by the Department as biodegradable, photodegradable or recyclable.
(2) In a beverage container which is not recyclable or refillable.
61 Del. Laws, c. 503, §  1;  64 Del. Laws, c. 57, §  1;  67 Del. Laws, c. 341, §  2;  77 Del. Laws, c. 275, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 60. ENVIRONMENTAL CONTROL › Subchapter III. Solid Waste Recycling › § 6059. Enforcement, civil and administrative penalties.

§ 6059. Enforcement, civil and administrative penalties.
(a) Whoever violates this subchapter, or any rule or regulation promulgated there under, or any order of the Secretary, shall:
(1) For the first conviction, be fined not less than $100 nor more than $500 for each day of violation;
(2) For each subsequent conviction for the same offense within a 10-year period, be fined not less than $500 nor more than $1,500 for each day of violation;
(3) In the Secretary's discretion, the Secretary may endeavor by conciliation to obtain compliance with all requirements of this subchapter. Conciliation shall be giving written notice to the responsible party:
a. Specifying the complaint;
b. Proposing a reasonable time for its correction;
c. Advising that a hearing on the complaint may be had if requested by a date stated in the notice; and
d. Notifying that a proposed correction date will be ordered unless a hearing is requested.
If no hearing is requested on or before the date stated in the notice, the Secretary may order that the correction be fully implemented by the proposed date or may, on the Secretary's own initiative, convene a hearing, in which the Secretary shall publicly hear and consider any relevant submission from the responsible party as provided in § 6006 of this title.
(b) Any person whose interest is substantially affected by any action of the Secretary may appeal to the Environmental Appeals Board, in accordance with § 6008 of this title.
61 Del. Laws, c. 503, §  1;  68 Del. Laws, c. 146, §  1;  70 Del. Laws, c. 186, §  1;  77 Del. Laws, c. 275, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 60. ENVIRONMENTAL CONTROL › Subchapter IV. Ocean Dumping › § 6070. Title.

§ 6070. Title.
This subchapter shall be known as the “Solid Waste Dumping Elimination Act.”
67 Del. Laws, c. 135, §  1;  68 Del. Laws, c. 121, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 60. ENVIRONMENTAL CONTROL › Subchapter IV. Ocean Dumping › § 6071. Purpose.

§ 6071. Purpose.
The General Assembly finds that historically millions of tons of solid wastes have been disposed of in the ocean and waters of the State, that these wastes are not land disposed in recognition of the threat posed by the presence of contaminants, by the lack of knowledge or appreciation of the harm such wastes can cause to the marine environment, or that it is cheaper to dispose of such wastes in the ocean or other waters of the State. Therefore, it is the intent of the General Assembly to prohibit the disposal of solid wastes in the ocean and other waters of the State.
67 Del. Laws, c. 135, §  1;  68 Del. Laws, c. 121, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 60. ENVIRONMENTAL CONTROL › Subchapter IV. Ocean Dumping › § 6072. Definitions.

§ 6072. Definitions.
The following words and phrases shall have the meanings ascribed to them in this subchapter unless the context clearly indicates otherwise:
(1) “Inland bays” shall mean the Rehoboth Bay, Indian River Bay, Indian River and Little Assawoman Bay.
(2) “Waters of exceptional recreational or ecological significance” shall mean waters designated by the State which are important, unique or sensitive from a recreational and/or ecological perspective, but which may or may not have excellent water quality. Such waters shall normally have regional significance with respect to recreational use (fishing, swimming and boating), or have significant or widespread riverine, riparian or wetland natural areas.
68 Del. Laws, c. 121, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 60. ENVIRONMENTAL CONTROL › Subchapter IV. Ocean Dumping › § 6073. Prevention.

§ 6073. Prevention.
The provisions of any other law, rule or regulation to the contrary notwithstanding, all disposal of solid wastes into the ocean waters of the State, the Delaware Bay, the inland bays and waters of exceptional recreational or ecological significance is hereby prohibited.
67 Del. Laws, c. 135, §  1;  68 Del. Laws, c. 121, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 60. ENVIRONMENTAL CONTROL › Subchapter IV. Ocean Dumping › § 6074. Penalties.

§ 6074. Penalties.
(a) Whoever negligently violates § 6073 of this title shall be fined not less than $2,500 nor more than $25,000 per day of violation, or be imprisoned for not more than 1 year, or both. If a conviction of a person is for a violation committed after a prior conviction of such person under this section, punishment shall be by a fine of not less than $5,000 nor more than $50,000 per day of violation, or by imprisonment of not more than 2 years, or both.
(b) Whoever knowingly violates § 6073 of this title shall be fined not less than $5,000 nor more than $50,000 per day of violation, or be imprisoned for no more than 3 years, or both. If a conviction of a person is for a violation committed after a prior conviction of such person under this section, punishment shall be by a fine of not less than $10,000 nor more than $100,000 per day of violation, or by imprisonment of not more than 6 years, or both.
(c) The Superior Court shall have jurisdiction over violations of § 6073 of this title.
(d) There shall be no suspension of any fines required under the provisions of this section.
67 Del. Laws, c. 135, §  1;  68 Del. Laws, c. 121, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 60. ENVIRONMENTAL CONTROL › Subchapter V. Water Utilities › § 6076. Transfer of jurisdiction for certificates of public convenience and necessity for water utilities to the Public Service Commission.

§ 6076. Transfer of jurisdiction for certificates of public convenience and necessity for water utilities to the Public Service Commission.
On and after July 1, 2001, the Department and Secretary shall no longer have jurisdiction to issue certificates of public convenience and necessity to water utilities. On such date, the jurisdiction to issue certificates of public convenience and necessity shall be vested in the Public Service Commission. On such date, the Public Service Commission shall also be vested with the jurisdiction, to the extent described in Chapter 1 of Title 26, to issue, suspend and revoke certificates issued to water utilities. The process of reviewing requests for certificates, however, shall include coordination and cooperation by the Commission with the Department of Natural Resources and Environmental Control and the Division of Public Health.
72 Del. Laws, c. 402, §  3;
2023 Delaware Code › Title 7 - Conservation › Chapter 60. ENVIRONMENTAL CONTROL › Subchapter VI. Source Water Protection › § 6081. Reporting on source water protection.

§ 6081. Reporting on source water protection.
(a) The Secretary shall prepare, periodically, a report to the Governor and General Assembly, beginning in 2003, of the potential threats, including contaminants currently not regulated, to public drinking water systems. The report shall identify actions that the Secretary proposes to control these threats.
(b) The Secretary shall periodically prepare a report to the respective counties and municipalities, beginning in 2003, that denotes the availability of source water assessments completed by the Department. The Secretary shall also report on the status of the Ground-Water Recharge Potential Mapping Project.
73 Del. Laws, c. 67, §  2;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 60. ENVIRONMENTAL CONTROL › Subchapter VI. Source Water Protection › § 6083. Adoption of source water assessment, wellhead protection and excellent ground-water recharge potential areas by the Governor's Cabinet Committee on State Planning Issues.

§ 6083. Adoption of source water assessment, wellhead protection and excellent ground-water recharge potential areas by the Governor's Cabinet Committee on State Planning Issues.
The Department shall make source water assessment, wellhead protection and excellent ground-water recharge potential area delineations available for maps developed as part of “Shaping Delaware's Future:
Managing Growth in 21st Century Delaware, Strategies for State Policies and Spending” (December 1999)
73 Del. Laws, c. 67, §  2;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 60. ENVIRONMENTAL CONTROL › Subchapter VI. Source Water Protection › § 6084. Source Water Protection Citizen and Technical Advisory Committee.

§ 6084. Source Water Protection Citizen and Technical Advisory Committee.
The Secretary shall consult a citizen and technical advisory committee, as established by the Delaware Source Water Assessment Plan, on matters related to the implementation of the Source Water Assessment Plan and the requirements of this statute.
73 Del. Laws, c. 67, §  2;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 60. ENVIRONMENTAL CONTROL › Subchapter VII. Labeling of Plastic Products › § 6090. Findings; intent.

§ 6090. Findings; intent.
(a) The General Assembly finds that:
(1) Recycling of waste materials is preferable to incinerating or landfilling those materials because recycling conserves valuable resources, saves energy in the manufacturing process and extends the life of disposal facilities;
(2) Increased recycling is necessary in Delaware to meet the EPA's national goal of a 25% reduction of the solid waste stream;
(3) Plastics have been shown to be recyclable;
(4) One of the barriers to increased recycling of plastics is the necessity of keeping the various types of plastic separate, based on the resin from which they are made; and
(5) The Society of the Plastics Industry, Inc., has devised a coding system that can be used to label plastic containers so as to identify the type of resin from which they are made.
(b) It is the intent of the General Assembly to facilitate the recycling of plastic containers by requiring that these containers be labeled according to resin type.
68 Del. Laws, c. 174, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 60. ENVIRONMENTAL CONTROL › Subchapter VII. Labeling of Plastic Products › § 6091. Definitions.

§ 6091. Definitions.
As used in this subchapter, unless otherwise indicated:
(1) “Container” means a “rigid plastic container” or a “plastic bottle” as those terms are defined in this section.
(2) “Department” means the Department of Natural Resources and Environmental Control.
(3) “Label” means a molded, imprinted or raised symbol on or near the bottom of a rigid plastic container or plastic bottle.
(4) “Person” means any individual, trust, firm, joint stock company, federal agency, partnership, corporation (including a government corporation), association, state, municipality, commission, political subdivision of a state or any interstate body.
(5) “Plastic” means any material made of polymeric organic compounds and additives that can be shaped by flow.
(6) “Plastic bottle” means a plastic container intended for single use that has a neck that is smaller than the body of the container; accepts a screw-type cap, snap cap or other closure; and has a capacity of 16 fluid ounces or more, but less than 5 gallons.
(7) “Rigid plastic container” means any formed or molded container, other than a bottle, intended for single use, composed predominantly of plastic resin and having a relatively inflexible finite shape or form with a capacity of 8 ounces or more but less than 5 gallons.
(8) “Secretary” means the Secretary of the Department of Natural Resources and Environmental Control.
68 Del. Laws, c. 174, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 60. ENVIRONMENTAL CONTROL › Subchapter VII. Labeling of Plastic Products › § 6092. Labeling.

§ 6092. Labeling.
(a) On or after July 1, 1992, no person shall distribute, sell or offer for sale in this State any plastic bottle or rigid plastic container unless such container is labeled with a code identifying the appropriate resin type used to produce the structure of the container. The code shall consist of a number placed within 3 triangulated arrows and a letter placed below the triangle of arrows. The triangulated arrows shall be equilateral, formed by 3 arrows with the apex of each point of the triangle at the midpoint of each arrow, rounded with a short radius. The pointer (arrowhead) of each arrow shall be at the midpoint of each side of the triangle with a short gap separating the pointer from the base of the adjacent arrow. The triangle, formed by the 3 arrows curved at their midpoints, shall depict a clockwise path around the code number. The numbers and letters used shall be as follows:
1 = PETE (polyethylene threphthalate)
2 = HDPE (high density polyethylene)
3 = V (vinyl)
4 = LDPE (low density polyethylene)
5 = PP (polypropylene)
6 = PS (polystyrene)
7 = Other
(b) The Department shall maintain a list of the label codes provided in subsection (a) of this section and shall provide a copy of the list to any person upon request.
(c) The provisions of this section and any rules or regulations adopted hereunder shall be interpreted to conform with nationwide plastics industry standards.
68 Del. Laws, c. 174, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 60. ENVIRONMENTAL CONTROL › Subchapter VII. Labeling of Plastic Products › § 6093. Penalty; enforcement.

§ 6093. Penalty; enforcement.
(a) Any person who violates this subchapter or any rule or regulation duly promulgated thereunder or any order of the Secretary issued pursuant to this subchapter shall be punishable as follows:
(1) If a violation has been completed, by a civil penalty imposed by the Justice of the Peace Court of not less than $250 nor more than $1,000 for each completed violation. The Secretary may also seek a permanent or preliminary injunction or temporary restraining order in the Court of Chancery.
(2) If a violation is continuing, the Secretary may seek a monetary penalty as provided in paragraph (a)(1) of this section. If a violation is continuing or is threatened, the Secretary may also seek a temporary restraining order or permanent injunction in the Court of Chancery.
(b) The Secretary shall have the authority to enforce this subchapter.
68 Del. Laws, c. 174, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 60. ENVIRONMENTAL CONTROL › Subchapter VIII. Clean Air Act Title V Operating Permit Program › § 6095. Applicability.

§ 6095. Applicability.
This subchapter shall apply to all sources required to obtain a Title V Operating Permit pursuant to the federal Clean Air Act Amendments of 1990. Such sources shall include, but not be limited to, the following:
(1) Sulfuric acid plants; municipal incinerators; fossil-fuel burners; petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels; petroleum refineries; sulfur recovery plants; chemical process plants;
(2) For pollutants other than radionuclides, any stationary source or group of stationary sources located within a contiguous area and under common control or common ownership consistent with the requirements of 40 C.F.R. Part 70, that emits or has the potential to emit, in the aggregate, 10 tons per year (tpy) or more of any hazardous air pollutant which has been listed pursuant to Title I, § 112(b) of the Clean Air Act Amendments of 1990, Public Law 101-549, 25 tpy or more of any combination of such hazardous air pollutants, or such lesser quantity as the Department may establish by regulation;
(3) A source that directly emits or has the potential to emit, 100 tpy or more of any air pollutant, including any major source of fugitive emissions of any such pollutant, as the Department may establish by regulation;
(4) For ozone nonattainment areas, sources with the potential to emit 100 tpy or more of volatile organic compounds or oxides of nitrogen in areas classified as “marginal” or “moderate,” 50 tpy or more in areas classified as “serious,” 25 tpy or more in areas classified as “severe,” and sources subject to the requirements for preconstruction review; except that the references in this paragraph to 100, 50, and 25 tpy of nitrogen oxides shall not apply with respect to any source for which the Department has made a finding, pursuant to regulations, that requirements under this section do not apply;
(5) For areas within the northeast transport region, sources with the potential to emit 50 tpy or more of volatile organic compounds; or
(6) Any other sources designated by the Department or mandated for designation by the United States Environmental Protection Agency.
69 Del. Laws, c. 121, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 60. ENVIRONMENTAL CONTROL › Subchapter VIII. Clean Air Act Title V Operating Permit Program › § 6096. Title V account.

§ 6096. Title V account.
The Secretary shall establish a separate account entitled the “Clean Air Act Title V Operating Permit Program Account,” hereinafter the “Account.” All fees collected under this subchapter shall be deposited into this account and utilized solely to cover all direct and indirect costs required to support the Title V Operating Permit Program, hereinafter “Program.” Any civil or administrative penalties or costs recovered as a result of a violation of a Title V permit shall be used to further the goals and purposes of the Department to promote clean air for the citizens of Delaware.
69 Del. Laws, c. 121, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 60. ENVIRONMENTAL CONTROL › Subchapter VIII. Clean Air Act Title V Operating Permit Program › § 6098. Application shield.

§ 6098. Application shield.
Except for sources required to have a permit before construction or modification under the applicable requirements of this subchapter, if an applicant has submitted a timely and complete application for a permit required by this title (including renewals), but final action has not been taken on such application, the source's failure to have a permit shall not be a violation of this subchapter, unless the delay in final action was due to the failure of the applicant to timely submit information required or requested to process the application.
72 Del. Laws, c. 214, §  3;  79 Del. Laws, c. 430, §  2;
2023 Delaware Code › Title 7 - Conservation › Chapter 60. ENVIRONMENTAL CONTROL › Subchapter VIII. Clean Air Act Title V Operating Permit Program › § 6099. Title V Operating Permit Program Advisory Committee [Effective until Jan. 1, 2024].

§ 6099. Title V Operating Permit Program Advisory Committee [Effective until Jan. 1, 2024].
There shall be established a “Title V Operating Permit Program Advisory Committee,” hereinafter referred to as “Committee.” The Committee members shall be appointed by the Governor and shall include, but not be limited to, the Secretary of the Department of Natural Resources and Environmental Control, or the Secretary's duly appointed designee; the Director of the Division of Air Quality, or the Director's duly appointed designee; 2 members who will represent stationary sources; 1 to be a member of the Chemical Industry Council; a member of the Delaware State Chamber of Commerce; a member representing a public utility; 2 members of a nationally-affiliated or state environmental advocacy group; and the chairpersons of the House and the Senate Natural Resource Committees. The Secretary of the Department of Natural Resources and Environmental Control shall serve as the Chair of this Committee. The Committee shall provide the Governor and the General Assembly with a report on or before February 1 of each year, for the previous calendar year, identifying the amounts and sources of fees collected pursuant to § 6097 of this title, the expenditures made by the Department to implement the Program, information regarding the performance of the Program, whether the fees collected by § 6097 of this title are adequate to ensure the effective implementation of the Program, and recommendations to remedy or improve any deficiencies or elements of the Program.
69 Del. Laws, c. 121, §  1;  70 Del. Laws, c. 8, §  3;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 214, §§  2, 4;  73 Del. Laws, c. 381, §  2;  76 Del. Laws, c. 312, §  8;  77 Del. Laws, c. 430, §  56;  78 Del. Laws, c. 110, §  16;
2023 Delaware Code › Title 7 - Conservation › Chapter 60. ENVIRONMENTAL CONTROL › Subchapter VIII. Clean Air Act Title V Operating Permit Program › § 6099. Title V Operating Permit Program Advisory Committee [Effective Jan. 1, 2024].

§ 6099. Title V Operating Permit Program Advisory Committee [Effective Jan. 1, 2024].
There shall be established a “Title V Operating Permit Program Advisory Committee,” hereinafter referred to as “Committee.” The Committee members shall be appointed by the Governor and shall include, but not be limited to, the Secretary of the Department of Natural Resources and Environmental Control, or the Secretary's duly appointed designee; the Director of the Division of Air Quality, or the Director's duly appointed designee; 2 members who will represent stationary sources; 1 to be a member of the Chemical Industry Council; a member of the Delaware State Chamber of Commerce; a member representing a utility; 2 members of a nationally-affiliated or state environmental advocacy group; and the chairpersons of the House Natural Resources and Energy Committee and the Senate Environment, Energy, and Transportation Committee. The Secretary of the Department of Natural Resources and Environmental Control shall serve as the Chair of this Committee. The Committee shall review the annual report, as required by § 6097 of this title by September 30 of each calendar year and provide accommodations as necessary.
69 Del. Laws, c. 121, §  1;  70 Del. Laws, c. 8, §  3;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 214, §§  2, 4;  73 Del. Laws, c. 381, §  2;  76 Del. Laws, c. 312, §  8;  77 Del. Laws, c. 430, §  56;  78 Del. Laws, c. 110, §  16;  84 Del. Laws, c. 104, § 2;
2023 Delaware Code › Title 7 - Conservation › Chapter 61. MINERALS IN SUBMERGED LANDS › § 6101. Definitions.

§ 6101. Definitions.
This chapter shall apply to all lands located within the boundaries of this State, except that sections relating to fees, royalties or rights to lease shall be applicable only to lands owned by this State. Unless the context requires otherwise:
(1) “Filled lands” includes tide and submerged lands reclaimed artificially through raising such lands above the highest probable elevation of the tides to form dry land, by placement of a fill or deposit of earth, rock, sand or other solid imperishable material.
(2) “Gas” means all natural gas and all other fluid hydrocarbons not defined as oil in subdivision (5) of this section, including condensate originally in the gaseous phase in the reservoir.
(3) “Lease” means a mineral lease issued pursuant to this chapter.
(4) “Mineral” means any natural inorganic substance with definite chemical and physical properties which is present in, or at the bottom of a body of water, or anywhere within the earth's crust.
(5) “Oil” means crude petroleum oil and all other hydrocarbons, regardless of gravity, which are produced in liquid form by ordinary production methods, but does not include liquid hydrocarbons that were originally in a gaseous phase in the reservoir.
(6) “Person” in addition to the meanings set forth in § 302 of Title 1, includes quasi-public corporations, political subdivisions and governmental agencies and instrumentalities.
(7) “Secretary” means the Secretary of the Department of Natural Resources and Environmental Control, or, if so designated pursuant to § 6140 of this title, the State Geologist.
(8) “Structure” means any construction works, including but not limited to derricks, pipelines, lines for the transmission and distribution of electricity, telephone lines, wharves, piers, slips, warehouses and units designed to act as groins, jetties, seawalls, breakwaters or bulkheads.
(9) “Submerged lands” means lands lying below the line of mean low tide in the beds of all tidal waters within the boundaries of this State established before or after July 1, 1966.
(10) “Tidelands” means lands lying between the line of mean high water and the line of mean low water.
7 Del. C. 1953, §  6401;  55 Del. Laws, c. 442, §  1;  57 Del. Laws, c. 283, §  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 › § 6102. Jurisdiction to lease.

§ 6102. Jurisdiction to lease.
(a) The Secretary and the Governor have exclusive jurisdiction to lease for mineral exploration and exploitation all ungranted submerged tidelands owned by this State, whether within or beyond the boundaries of this State, acquired by this State before or after July 1, 1966:
(1) By quitclaim, cession, grant, contract or otherwise, or
(2) By any other means.
(b) All jurisdiction and authority to lease for mineral exploration or exploitation remaining in the State over submerged lands as to which grants have been or may be made is vested in the Secretary and the Governor.
(c) The Secretary shall administer and control all lands described in subsection (a) of this section, and may lease such lands and tidelands and dispose of oil, gas, sulphur and other minerals under such lands and tidelands in the manner prescribed by this chapter.
(d) Notwithstanding any other provisions of this chapter, the Secretary may not permit any interference, other than temporary interference, with the surface of the Atlantic shore. It may, however, grant easements for mineral exploration and exploitation underlying that part of the surface of the Atlantic shore owned by the State at such times and at such places as the Secretary finds necessary to permit the extraction and transportation of oil, gas, sulphur or other minerals from state, federal or private lands; and in addition the Secretary may issue oil and gas leases underlying the Atlantic shore under the same terms and conditions as provided in this chapter.
(e) The Secretary shall have no authority to lease lands administered by the Department of Natural Resources and Environmental Control.
7 Del. C. 1953, §  6402;  55 Del. Laws, c. 442, §  1;  57 Del. Laws, c. 739, §  212;  59 Del. Laws, c. 212, §  1;  65 Del. Laws, c. 508, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 61. MINERALS IN SUBMERGED LANDS › § 6103. Surveys.

§ 6103. Surveys.
(a) The Secretary, upon application by any person, may permit geological, geophysical and seismic surveys, including the taking of cores and other samples, or the tide and submerged lands of this State. Such permits shall be nonexclusive and shall not give any preferential rights to any oil, gas and sulphur or other mineral lease. After consultation with those agencies of the State having an interest in the possible effects of the leasing, the Secretary shall include such rules and regulations in the permit as it deems necessary to protect the fish, game, wildlife and natural resources of the State. The Secretary may grant permission for the taking of cores and other samples.
(b) Each application under this section shall contain the following information:
(1) A description of areas where the applicant proposes to conduct a survey;
(2) The name and address of the applicant; and
(3) Such other relevant information as the Secretary requires.
7 Del. C. 1953, §  6403;  55 Del. Laws, c. 442, §  1;  59 Del. Laws, c. 212, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 61. MINERALS IN SUBMERGED LANDS › § 6104. Permits for surveys.

§ 6104. Permits for surveys.
(a) Upon compliance of an applicant with § 6103 of this title, the Secretary may issue to the applicant a permit to conduct a geological, geophysical and seismic survey, including the taking of cores and other samples, in areas of the tide and submerged lands of this State described on the permit. The Secretary may prohibit such surveys on any area if it determines that a lease, if applied for, should not be granted as to such areas. The Secretary shall include in a permit conditions and payment proper to safeguard the interests of the State.
(b) Permits issued under this section shall be valid for not more than 2 years, but may be renewed for like periods upon application to the Secretary and upon showing due compliance with applicable laws and regulations.
(c) The Secretary shall require the permittee to provide the Department of Natural Resources and Environmental Control with complete information with respect to the area or areas of proposed operations, type of exploration and a schedule showing the period or periods during which such explorations will be conducted. Such information shall be treated as confidential unless released by the permittee.
7 Del. C. 1953, §  6404;  55 Del. Laws, c. 442, §  1;  57 Del. Laws, c. 739, §  213;  59 Del. Laws, c. 212, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 61. MINERALS IN SUBMERGED LANDS › § 6105. Filing of records of drilling; confidential nature of records.

§ 6105. Filing of records of drilling; confidential nature of records.
(a) Records of drilling conducted by a permittee under § 6104 of this title shall be retained by the permittee and be made available to the Secretary and the State Geologist upon their request. Any such records which the permittee is required to make available to the Secretary or the State Geologist shall be for the confidential use of the Secretary and the State Geologist and shall not be open to inspection by any other person or agency without the written consent of the permittee.
(b) The Secretary may require, as a condition to the issuance of any lease under this chapter, that the lessee make available to the Secretary or the State Geologist upon request, all factual and physical exploration results, logs and records resulting from the operations under the lease. Any such factual or physical exploration results, logs or records which the lessee is required to make available to the Secretary or the State Geologist shall not be open to inspection by any other person or agency without the written consent of the lessee.
7 Del. C. 1953, §  6405;  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 › § 6106. Unlawful disclosure of information; penalties; jurisdiction of offenses.

§ 6106. Unlawful disclosure of information; penalties; jurisdiction of offenses.
(a) The Secretary, or any person performing any function or work assigned to him or her by the Secretary, shall not disclose to any person who is not an employee of the Secretary or to any person who is not performing any function or work assigned to him or her by the Secretary, any information obtained from the inspection of such factual or physical exploration results, logs or records, or to use such information for purposes other than the administration of the functions, responsibilities and duties vested in the Secretary by law, except upon the written consent of the permittee or lessee making such information available to the Secretary.
(b) Whoever violates this section shall be fined not less than $25 nor more than $100, or imprisoned for not more than 30 days, or both.
(c) The Superior Court shall have jurisdiction of offenses under this section.
7 Del. C. 1953, §  6406;  55 Del. Laws, c. 442, §  1;  57 Del. Laws, c. 283, §  2;  59 Del. Laws, c. 212, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 61. MINERALS IN SUBMERGED LANDS › § 6107. Public hearings; notice.

§ 6107. Public hearings; notice.
(a) Before offering tide and submerged lands for leasing under this chapter, or whenever any person files a written application with the Secretary requesting that lands be offered for leasing under this chapter, accompanying the same with the required fee, the Secretary shall hold a public hearing as provided in this section.
(b) Before granting a lease or inviting bids on any tide and submerged lands, the Secretary shall cause written notice describing the area under consideration and other pertinent information to be transmitted to:
(1) State Highway Department;
(2) Cabinet Committee on State Planning Issues;
(3) Department of Natural Resources and Environmental Control;
(4) Department of Health and Social Services;
(5) State Geologist;
(6) The applicant, if any, requesting the hearing;
(7) Prospective applicants or bidders, by publication in 2 or more publications of general circulation in the oil and gas industry; and
(8) The public, by publication of the notice once each week for not less than 2 weeks in a newspaper of general circulation throughout the State and in addition in a newspaper of general circulation in the county in which the lands lie or the county or counties contiguous to the area under consideration for bidding.
(c) The notice shall set forth the place of hearing and shall set its time at not less than 20 days following the date of the last newspaper publication.
(d) The Secretary may appoint 1 of his or her employees to conduct hearings authorized under this section. An officer or employee of each interested State agency, board or commission named in subsection (b) of this section may question any witnesses appearing before the Secretary or the Secretary's representative, and any interested person may offer evidence and otherwise be heard.
7 Del. C. 1953, §  6407;  55 Del. Laws, c. 442, §  1;  57 Del. Laws, c. 739, §  214;  59 Del. Laws, c. 212, §  1;  63 Del. Laws, c. 191, §  4(i);  65 Del. Laws, c. 508, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 61. MINERALS IN SUBMERGED LANDS › § 6108. Determination of whether lease is in the public interest.

§ 6108. Determination of whether lease is in the public interest.
After the public hearing the Secretary shall determine whether an invitation for bidding to lease the area under consideration would be in the public interest. In such determination the Secretary shall consider whether a lease or leases of the area under consideration would:
(1) Be detrimental to the health, safety or welfare of persons residing in, owning real property or working in the neighborhood of such areas;
(2) Interfere with the residential or recreation areas to an extent that would render such areas unfit for recreational or residential uses or unfit for park purposes;
(3) Destroy, impair or interfere with the esthetic and scenic values of the Delaware coast, or other affected area;
(4) Create any air, water and other pollution;
(5) Substantially endanger marine life or wildlife;
(6) Substantially interfere with commerce or navigation; and
(7) Protect state lands from drainage of oil, gas or other minerals or objectionable substances.
7 Del. C. 1953, §  6408;  55 Del. Laws, c. 442, §  1;  59 Del. Laws, c. 212, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 61. MINERALS IN SUBMERGED LANDS › § 6109. Maximum area.

§ 6109. Maximum area.
The maximum area which shall be included in any single lease to any person shall be 6 square miles or 3,840 acres.
7 Del. C. 1953, §  6409;  55 Del. Laws, c. 442, §  1;  59 Del. Laws, c. 212, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 61. MINERALS IN SUBMERGED LANDS › § 6110. Form of lease or permit.

§ 6110. Form of lease or permit.
(a) The language of §§ 6111 and 6117 of this title shall be incorporated substantially into every lease.
(b) The language of § 6113 of this title shall be incorporated substantially into every permit.
(c) Every lease, and every permit, shall contain those provisions selected by the Secretary after consultation with interested agencies, boards and commissions.
7 Del. C. 1953, §  6410;  55 Del. Laws, c. 442, §  1;  59 Del. Laws, c. 212, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 61. MINERALS IN SUBMERGED LANDS › § 6111. Exclusive right to drill and remove minerals.

§ 6111. Exclusive right to drill and remove minerals.
The lease shall grant the exclusive right to drill for and produce all oil, gas, sulphur and other mineral deposits in the leased land and be for a primary term of 10 years and for so long thereafter as oil, gas, sulphur or other minerals are produced in paying quantities from the leased land, or lessee is diligently conducting producing, drilling, deepening, repairing, redrilling or other necessary lease or well maintenance operations on the leased land, or is excused from conducting such operations under the terms of the lease.
7 Del. C. 1953, §  6411;  55 Del. Laws, c. 442, §  1;  59 Del. Laws, c. 212, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 61. MINERALS IN SUBMERGED LANDS › § 6112. Royalty.

§ 6112. Royalty.
The Secretary shall specify in the notice described by § 6107 of this title and in the lease the rate of royalty paid under such lease which royalty shall not be less than 121/2 percent of gross production, or the value thereof, produced and saved from the leased lands and not used by lessee for operations thereon or for injection therein. Such royalty shall, at the Secretary's option, be paid in kind or in value, and be computed after an allowance for the actual cost of oil treatment or dehydration of not to exceed $0.05 cents per barrel or royalty oil so treated or dehydrated.
7 Del. C. 1953, §  6412;  55 Del. Laws, c. 442, §  1;  59 Del. Laws, c. 212, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 61. MINERALS IN SUBMERGED LANDS › § 6113. Lien on production.

§ 6113. Lien on production.
The State shall have alien upon all production for unpaid royalties.
7 Del. C. 1953, §  6413;  55 Del. Laws, c. 442, §  1;  59 Del. Laws, c. 212, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 61. MINERALS IN SUBMERGED LANDS › § 6114. Rental for leased land.

§ 6114. Rental for leased land.
The Secretary shall specify a rental payable annually in advance of not less than $0.25 for each acre of land subject to the lease at the rental date. After production has been established, rent paid shall be deducted from any royalty due under the terms of a lease during the year for which such rent has been paid.
7 Del. C. 1953, §  6414;  55 Del. Laws, c. 442, §  1;  59 Del. Laws, c. 212, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 61. MINERALS IN SUBMERGED LANDS › § 6115. Bonds.

§ 6115. Bonds.
Sufficient bonding or insurance requirements, as determined by the Secretary shall be specified to secure to the State performance and the faithful compliance by the lessee with the terms of the lease, and further to secure adjacent landowners and the public generally as to all proper claims for damages arising from operations thereunder.
7 Del. C. 1953, §  6415;  55 Del. Laws, c. 442, §  1;  59 Del. Laws, c. 212, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 61. MINERALS IN SUBMERGED LANDS › § 6116. Cessation of production.

§ 6116. Cessation of production.
In the event production on the leasehold shall cease at any time or from time to time, after the expiration of the primary term of the lease, the lease shall nevertheless continue in full force and effect if the lessee shall, within 6 months after the cessation of production or within such longer period of time as the Secretary may authorize, commence and thereafter prosecute with reasonable diligence drilling, deepening, repairing, redrilling or other operations for the restoration of production of oil, gas, sulphur or other minerals from the leased lands.
7 Del. C. 1953, §  6416;  55 Del. Laws, c. 442, §  1;  59 Del. Laws, c. 212, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 61. MINERALS IN SUBMERGED LANDS › § 6117. Slant and adjacent drilling.

§ 6117. Slant and adjacent drilling.
Unless otherwise determined by the Secretary, each well drilled pursuant to the terms of the lease may be drilled or slant drilled to and into the subsurface of the tide or submerged lands covered by the lease from upland or littoral drill sites owned or controlled by the State or owned by or available to the lessee, or from drill sites located upon any lands filled before or after July 1, 1966, whether contiguous or noncontiguous to the littoral lands or uplands, or from any pier constructed before or after July 1, 1966, owned by or available to the lessee and available for such purpose, or from platforms or other fixed or floating fixtures in, on or over the submerged lands covered by the lease, or otherwise available to the lessee.
7 Del. C. 1953, §  6417;  55 Del. Laws, c. 442, §  1;  59 Del. Laws, c. 212, §  1;