70 chapters · 555 sections in this title.
7 Del. C. § 4001. Legislative findings and statement of policy.
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§ 4001. Legislative findings and statement of policy. (a) Legislative findings. — The General Assembly finds that erosion and sedimentation continue to present serious problems throughout the State, and that the removal of a stable ground cover in conjunction with the decrease in…
7 Del. C. § 4002. Definitions.
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§ 4002. Definitions. The following words, terms, and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: (1) “Agricultural structure” means a structure, which is located on a…
7 Del. C. § 4003. Duties of persons engaged in land disturbing activities.
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§ 4003. Duties of persons engaged in land disturbing activities. (a) After July 1, 1991, unless exempted, no person shall engage in land disturbing activities without submitting a sediment and stormwater management plan to the appropriate plan approval authority and obtaining a p…
7 Del. C. § 4003A. Runoff Control near Mill Creek, Little Mill, Red Clay, White Clay Creek, Persimmon Creek and Shellpot Creek.
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§ 4003A. Runoff Control near Mill Creek, Little Mill, Red Clay, White Clay Creek, Persimmon Creek and Shellpot Creek. All land development subject to this chapter in the Mill Creek, Little Mill Creek, Red Clay Creek, White Clay Creek, Persimmon Creek and Shellpot Creek watersheds…
7 Del. C. § 4004. Applicability.
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§ 4004. Applicability. (a) The provisions of this chapter shall not apply to agricultural land management practices unless the conservation district or the Department determines that the land requires a new or updated soil and water conservation plan, and the owner or operator of…
7 Del. C. § 4005. Program funding and financial assistance [For application of this section, see 85 Del. Laws, c. 42, § 10].
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§ 4005. Program funding and financial assistance [For application of this section, see 85 Del. Laws, c. 42, § 10]. (a) The Department, conservation districts, counties or municipalities are authorized to receive from federal, state, or other public or private sources financial, t…
7 Del. C. § 4006. State management program.
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§ 4006. State management program. (a) The Department shall, in cooperation with appropriate state and federal agencies, conservation districts, other governmental subdivisions of the State, and the regulated community develop a state stormwater management program. This program sh…
7 Del. C. § 4007. Local sediment and stormwater programs.
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§ 4007. Local sediment and stormwater programs. (a) Pursuant to regulations promulgated by the Department, each conservation district, county, municipality or state agency may adopt, and submit to the Department for approval, 1 or more components of a sediment and stormwater prog…
7 Del. C. § 4008. Interim program.
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§ 4008. Interim program. (a) Prior to July 1, 1991, requirements for sediment control shall be as provided in existing erosion and sediment control regulations promulgated September 26, 1980. Also, until July 1, 1991, any state or locally developed regulation or criterion for sto…
7 Del. C. § 4009. Failure of conservation districts, counties, municipalities or state agencies to implement delegated program elements.
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§ 4009. Failure of conservation districts, counties, municipalities or state agencies to implement delegated program elements. (a) If, at any time, the Department finds that a conservation district, county, municipality or state agency has failed to implement program elements tha…
7 Del. C. § 4010. State and federal projects.
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§ 4010. State and federal projects. After July 1, 1991, a state or federal agency may not undertake any land clearing, soil movement, or construction activity unless the agency has submitted a sediment and stormwater management plan to the Department and received its approval. Th…
7 Del. C. § 4011. Designated watersheds or subwatersheds.
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§ 4011. Designated watersheds or subwatersheds. (a) Watersheds or subwatersheds approved as designated watersheds or subwatersheds by the Department shall have the regulatory requirements clearly specified through a watershed approach to nonpoint pollution control or flood contro…
7 Del. C. § 4012. Construction review and enforcement.
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§ 4012. Construction review and enforcement. (a) With respect to approved sediment and stormwater plans, the agency responsible for construction review during and after construction completion shall ensure that periodic reviews are undertaken, implementation is accomplished in ac…
7 Del. C. § 4013. Approval of certified construction reviewers.
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§ 4013. Approval of certified construction reviewers. (a) Based on criteria established by the Department through regulation and any additional criteria established by the agency implementing the plan review and construction elements of the sediment and stormwater program, the pe…
7 Del. C. § 4014. Training of responsible personnel.
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§ 4014. Training of responsible personnel. After July 1, 1991, any applicant seeking sediment and stormwater plan approval shall certify to the appropriate approval agency that all responsible personnel involved in the construction project will have a certificate of attendance at…
7 Del. C. § 4015. Penalties.
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§ 4015. Penalties. (a) Any person who violates any rule, regulation, order, condition imposed in an approved plan or other provision of this chapter shall be fined not less than $200 or more than $2,000 for each offense. Each day that the violation continues shall constitute a se…
7 Del. C. § 4016. Injunctions.
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§ 4016. Injunctions. The Court of Chancery shall have jurisdiction to enjoin violations of this chapter. The appropriate program element authority, the Department or any aggrieved person who suffers damage or is likely to suffer damage because of a violation or threatened violati…
7 Del. C. § 4017. Redevelopment criteria.
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§ 4017. Redevelopment criteria.81 Del. Laws, c. 316, § 5; expired by operation of 81 Del. Laws, c. 316, § 7, eff. Feb. 10, 2019;