Title 7, Conservation

§ 7501. Short title. This chapter shall be known and may be cited as the “Delaware Land Protection Act.”67 Del. Laws, c. 352, § 1;

§ 7501A. Purpose. A Water Supply Coordinating Council is hereby established to manage, protect, and ensure the adequacy of a clean water supply throughout Delaware.84 Del. Laws, c. 208, § 1;

§ 7502. Declaration of policy. The General Assembly finds that: (1) The provision of lands for public recreation and conservation of natural resources promotes biological diversity, public health, prosperity and general welfare and is a proper responsibility of government. (2) La…

§ 7502A. Membership. (a) The Council shall include the following members: (1) The Secretary of the Department of Natural Resources and Environmental Control or the Secretary’s designee. (2) The Secretary of the Department of Agriculture or the Secretary’s designee. (3) The Direct…

§ 7503. Purpose. (a) State agencies may permanently protect land for the following purposes, to carry out and expand on the intent of the Open Space Program: (1) To protect and conserve all forms of natural and cultural resources. (2) To protect and conserve the biological divers…

§ 7503A. Subcommittees. The Council, by majority vote, may establish subcommittees and appoint or remove members of such subcommittees to address water supply issues and plans that do not require the full participation of the Council. The subcommittees shall report to the Council…

§ 7504. Definitions. As used in this chapter: (1) “Conservation Trust Fund” means the Delaware Land and Water Conservation Trust Fund established and maintained pursuant to subchapter II of Chapter 54 of Title 30. (2) “Council” means the Delaware Open Space Council established pu…

§ 7504A. Administration of the Water Supply Coordinating Council. (a) The designation of the Water Supply Coordinating Council and the duties and responsibilities conferred by this chapter shall end on January 31, 2033. (b) The Division of Water in the Department of Natural Resou…

§ 7505. Delaware Open Space Council. (a) There is created a Delaware Open Space Council to advise the Secretary on all matters relating to the administration, implementation, and financing of the Open Space Program; site selection; methods of protection; and interagency and inter…

§ 7506. Powers and duties of the Council. In addition to its other powers and duties provided in this chapter, the Council shall: (1) Advise and consult with the Secretary, Department, and State agencies on preservation matters. (2) Advise and consult with the Secretary regarding…

§ 7507. State resource areas [Repealed].67 Del. Laws, c. 352, § 1; repealed by 80 Del. Laws, c. 354, § 1, effective Aug. 3, 2016.;

§ 7507A. . Open space: criteria, evaluation, and permanent protection. (a) To be eligible for permanent protection, an area of land must include or exhibit, in whole or in part, 1 or more of the following criteria: (1) Contains rare species, as determined by on-site verification …

§ 7507B. Access to land; limitations on use and disclosure of data. (a) A representative of the Council or state agency may access land being considered for permanent protection to perform onsite verification to gather information about the land only after the landowner executes …

§ 7508. Land use requirements [Repealed].67 Del. Laws, c. 352, § 1; repealed by 80 Del. Laws, c. 354, § 1, effective Aug. 3, 2016.;

§ 7509. Program administration. (a) The Department shall administer the Open Space Program. Direct costs associated with the administration of the Open Space Program shall be paid from the Conservation Trust Fund. (b)–(d) [Repealed.] (e) Reporting to the Governor and General Asse…

§ 7510. Zoning and use. Notwithstanding any provision of this chapter to the contrary, no open space or other area acquired primarily for recreational use shall be rezoned, neither shall there be a change in the use of any such lands requiring a variance or subdivision approval, …

§ 7601. Title. This chapter shall be known, and may be cited as “The Inland Bays’ Watershed Enhancement Act.”69 Del. Laws, c. 468, § 1;

§ 7602. Center for the Inland Bays. (a) The Center for the Inland Bays is hereby created as a nonprofit organization. The Center shall apply for nonprofit status under the federal Internal Revenue Code. The purpose of the Center shall be to oversee and facilitate the implementati…

§ 7603. Board of Directors. (a) The Center shall be administered by a Board of Directors which shall be no more than 14 in number and shall consist of the following members: (1) Secretary of Delaware Department of Agriculture; (2) Secretary of Delaware Department of Natural Resou…

§ 7604. Duties of the Board of Directors. (a) The Board shall be responsible for the procurement and administration of federal and private moneys secured to fulfill the responsibilities pursuant to the protection and restoration of the Inland Bays’ watershed. The Board shall revi…

§ 7701. Short title. This chapter shall be known and may be cited as the “Extremely Hazardous Substances Risk Management Act.”66 Del. Laws, c. 417, § 1; 71 Del. Laws, c. 308, § 1;

§ 7702. Findings. (a) The General Assembly finds that a portion of Delaware’s population is potentially exposed to accidental releases of extremely hazardous substances (EHS) which could cause deaths or permanent disabilities to persons experiencing short-term exposure to those s…

§ 7703. Purpose, goal and scope. (a) The purpose of this chapter is to protect the lives and health of citizens of the State living and working in the vicinity of facilities with extremely hazardous substances. (b) This chapter is concerned with the prevention of sudden releases …

§ 7704. Policy and general duty. (a) The General Assembly believes that every person in control of or associated with an EHS is responsible for operating in a manner consistent with the purpose of this chapter. It is their obligation to develop and implement a risk management pro…

§ 7705. Definitions. For purposes of this chapter: (1) “Actual quantity” or “AQ” means the sum of all the physical quantities of a specific EHS in whatever form at the maximum design capacity of the facility. (2) “Catastrophic event” means a sudden release of a sufficient quantit…

§ 7706. Regulations. (a) The Secretary may adopt, amend, modify or repeal regulations, after public hearing, to effectuate the policy and purpose of this chapter. Cost effectiveness, technical feasibility, risk to public health and risk reduction effectiveness are factors that mu…

§ 7707. Extremely hazardous substance list (EHSL). (a) The Department shall develop and adopt regulations for the identification of extremely hazardous substances. An EHSL shall be developed based on at least 1 of the following criteria: (1) Extremely toxic substances. — Substanc…

§ 7708. Risk management plan. (a) Prior to January 1, 1999, the Department shall develop regulations and appropriate guidance to aid the regulated facilities in Delaware in complying with their obligations to submit a RMP. It is the belief of the General Assembly that the federal…

§ 7709. Risk management program. (a) The Department shall adopt, pursuant to § 7706 of this title, regulations stating the critical provisions of a risk management program. The provisions will include, but not be limited to: (1) Design standards review. (2) Modification control a…

§ 7710. Inspection. (a) Inspection program components. — Essential components of a facility inspection shall include at a minimum: (1) A sampling of all required risk management program documentation; (2) A physical inspection of equipment associated with the process containing t…

§ 7711. Notification requirements. Construction and operating permits shall be granted by state agencies for facilities and equipment involving extremely hazardous substances regulated under this chapter only after notification by those agencies to the Department and written conf…

§ 7712. Information program. (a) The Department, assisted by the Division of Public Health of the Department of Health and Social Services and the Department of Safety and Homeland Security shall prepare and implement an information program designed to inform the general public, …

§ 7713. Fees [For application of this section, see 85 Del. Laws, c. 42, § 10]. (a) The Department is authorized to charge and collect fees from persons with extremely hazardous substances pursuant to § § 7707 and 7709 of this title. (1) Except as set forth under paragraph (a)(2) …

§ 7714. Violations and penalties. (a) Whoever violates this chapter or any rule or regulation duly promulgated thereunder, shall be punishable by a civil penalty imposed by Superior Court of not less than $1,000 nor more than $10,000 per day per violation. In addition, the Secret…

§ 7715. Hearings. Any public hearing held by the Secretary pursuant to this chapter shall be held in accordance with § 6006 of this title, as well as any additional notice and hearing requirements the Secretary has adopted by regulation.66 Del. Laws, c. 417, § 1; 71 Del. Laws, c.…

§ 7716. Appeals. (a) Any person or persons 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. (b) Any person or persons, jointly or severally, or any taxpayer, or any offic…

§ 7717. Inconsistent laws superseded. All laws or regulations inconsistent with any provision of this chapter are hereby superseded to the extent of the inconsistency; provided however, that rights of a person or persons to recover damages shall not be affected by this chapter.71…

§ 7801. Short title. This chapter shall be known and may be cited as the “Pollution Prevention Act.”67 Del. Laws, c. 361, § 1; 70 Del. Laws, c. 499, § 1;

§ 7802. Findings and purpose. (a) The General Assembly finds that: (1) Whenever possible, the generation of waste should be reduced or eliminated as expeditiously as possible, and that waste that is generated should be recovered, reused, recycled, treated or disposed of in a mann…

§ 7803. Definitions. As used in this chapter: (1) “Department” means the Department of Natural Resources and Environmental Control. (2) “Implementation Committee” means the Pollution Prevention Implementation Committee. (3) “Multi-media” means all environmental media including, b…

§ 7804. Pollution Prevention Program. (a) The Department shall establish the Implementation Committee and appoint the members thereof. (1) The Implementation Committee shall be composed of, but not be limited to, the following individuals or their designee: a. The Secretary of th…

§ 7805. Trade secret protection. All trade secret information, written, verbal or observed, obtained pursuant to this chapter by the Department or any other state agency will be held as confidential unless such information is already a matter of public record or disclosure is req…

§ 7901. Findings; purpose. (a) The General Assembly finds that: (1) The discharge of pollutants to Delaware’s air and water, and the management and disposal of solid and hazardous wastes in Delaware’s environment can create significant risks to public health and environmental qua…

§ 7902. Statement required. (a) Applicants for, and holders of, permits to conduct stormwater management, NPDES, oil pollution liability, air, hazardous waste, solid waste, commercial subaqueous, wetlands, coastal zone, storage tank, extremely hazardous substances, hazardous subs…

§ 7903. Confidential information. (a) All information provided pursuant to § 7902 of this title shall be considered public information and shall be considered part of the public record pertaining to the permit application. (b) Notwithstanding subsection (a) of this section, infor…

§ 7904. Permit modification, suspension, denial, revocation and chronic violator status. (a) A “chronic violator” is a regulated party that has demonstrated an inability or unwillingness to comply with 1 or more of the Department’s regulatory programs. (1) The criteria for determ…