Title 7, Conservation

§ 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 w…

§ 6058. Stakeholder engagement. The Department shall coordinate with the Authority in convening periodic meetings of stakeholders to discuss the status of recycling activities in Delaware. For purposes of this section, “stakeholders” include representatives from all of the follow…

§ 6059. Enforcement, civil and administrative penalties [Repealed].61 Del. Laws, c. 503, § 1; 68 Del. Laws, c. 146, § 1; 70 Del. Laws, c. 186, § 1; 77 Del. Laws, c. 275, § 1; repealed by 85 Del. Laws, c. 444, § 6, effective Aug. 26, 2026.;

§ 6060. Reporting responsibility of the Department and Authority. (a) The Department and Authority are hereby required to provide to the Governor and the General , by November 1 of each year, an annual report on the status of recycling activities in Delaware. Said report must, at…

§ 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;

§ 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 kn…

§ 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 …

§ 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 …

§ 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 conv…

§ 6075. Nonutility wells and permits for nonutility wells within a service territory served by a water utility under a certificate of public convenience and necessity. (a) The Department may not withhold a permit for a potable water well within the service territory served by a w…

§ 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 ne…

§§ 6077-6080. Issuance of certificate; limitations; powers of the Public Service Commission with respect to water utilities; public hearings; rules for conduct; application fee [Repealed]. Repealed by 72 Del. Laws, c. 402, § 1, effective July 1, 2001.

§ 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 sh…

§ 6082. Adoption of source water assessment, wellhead protection, and excellent ground-water recharge potential areas by counties and municipalities. (a) By December 31, 2004, the Department shall develop a guidance manual, in conjunction with and with the substantial concurrence…

§ 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 rec…

§ 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 P…

§ 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 …

§ 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. (…

§ 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 …

§ 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 penal…

§ 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 incinera…

§ 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 a…

§ 6097. Fees [Effective until Jan. 1, 2027]. (a) The Department shall collect an annual fee from sources that are required to obtain a Title V Operating Permit pursuant to the Title V Program and from sources who voluntarily limit their potential to emit to below Title V applicab…

§ 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 renewa…

§ 6099. Title V Operating Permit Program Advisory Committee [Effective until Jan. 1, 2027]. 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 sha…

§ 6099A. At-store recycling program. (a) For purposes of this subchapter, the following definitions shall apply: (1) “Department” means the Department of Natural Resources and Environmental Control. (2) “Manufacturer” means the producer of a plastic carryout bag sold to a store. …