Title 7 — Conservation

§ 7211. Costs, deposits and fees. (a) All costs for the proceedings under this chapter shall be assessed against the applicant. (b) The Secretary may require a deposit at the time of the application or at any other time to insure the payment of the costs. (c) All costs and deposi…

§ 7212. Rules; delegation. The Secretary may after public hearing, adopt, amend, modify or repeal rules or regulations to effectuate the policy and purposes of this chapter. The Secretary may delegate his or her powers or duties under this chapter, except the power to convey or t…

§ 7213. 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, tidelands or filled lands.65 Del. Laws, c. 508, § 2;

§ 7214. Violations; enforcement; civil and criminal penalties. (a) Whoever violates this chapter or any rule or regulation duly promulgated, or any condition of a permit issued pursuant to § 7205 of this title, or any order of the Secretary, shall be subject to enforcement in acc…

§ 7215. 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 pursu…

§ 7216. Interference with Department personnel. No person shall obstruct, hinder, delay or interfere with, by force or otherwise, the performance by Department personnel of any duty under this chapter, or any rule or regulation or order or permit or decision, promulgated or issue…

§ 7217. Special exemptions. (a) This chapter shall not apply to any work performed by any state, county, municipal government or conservation district, or their designated contractor, when that work occurs in nontidal submerged lands in the Delaware Atlantic Coastal Plain Provinc…

§ 7301. Statement of policy. (a) Because of the continuing growth of the population and the development of the economy of the State, it is necessary and desirable that areas of unusual natural significance be set aside and preserved for the benefit of present and future generatio…

§ 7302. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them except where the context clearly indicates a different meaning: (1) “Articles of dedication” shall mean the writing by which any estate, interest or ri…

§ 7303. Statement of purpose. In order to secure for the people of the State of present and future generations the benefits of an enduring resource of areas having 1 or more of the characteristics referred to in § 7302(5) of this title, the State, acting through the Department, s…

§ 7304. Designation of Office of Nature Preserves. There is hereby designated within the Department an Office of Nature Preserves, which shall administer for the Department this chapter.61 Del. Laws, c. 212, § 2;

§ 7305. Delaware Natural Areas Advisory Council. (a) There is hereby created a Delaware Natural Areas Advisory Council to advise the Secretary of the Department on the administration of nature preserves and the preservation of natural areas. (b) The Council shall have 8 members. …

§ 7306. Dedication process. (a) The Department is authorized and empowered, for and on behalf of the State, to acquire nature preserves by gift, devise, purchase, exchange or any other method of acquiring real property or any estate, interest or right therein, provided that such …

§ 7307. Additional powers and duties of Department. In furtherance of the purposes of this chapter and in implementation of the powers and duties elsewhere provided in this chapter, the Department shall have the following additional powers and duties: (1) To formulate policies fo…

§ 7308. Change in status from that of dedicated nature preserve. Nature preserves dedicated under § 7306 of this title are to be held in trust, for the uses and purposes set forth for the benefit of the people of the State of present and future generations. They shall be managed …

§ 7309. Public participation. Before the Department makes any finding of the existence of an imperative and unavoidable public necessity, or grants any estate, interest or right in a nature preserve or disposes of a nature preserve or of any estate, interest or right therein, as …

§ 7310. Enforcement. Enforcement of this chapter, including enforcement of the articles of dedication, shall be the responsibility of the Department.61 Del. Laws, c. 212, § 2;

§ 7311. Transfer of natural areas. All units, departments, agencies and instrumentalities of the State, including (without limitation upon the generality of the foregoing by reason of specification) counties, municipalities, schools, colleges and universities, are empowered and u…

§ 7312. Additional protection unimpaired. Nothing contained in this chapter shall be construed as interfering with the purposes stated in the establishment of or pertaining to any state or local park, preserve, wildlife refuge or other area or the proper management and developmen…

§ 7401A. Purpose. The General Assembly finds and declares that the containment of petrochemicals, petroleum, petroleum products, hazardous chemicals, hazardous substances, hazardous waste and similar regulated substances in aboveground storage tanks is emerging as a cause of soil…

§ 7401B. Establishment and purpose of the Boiler Safety Program. (a) The Boiler Safety Program is established and shall have the powers, duties and functions set forth in this chapter. The Program shall be responsible for the administrative, ministerial, budgetary, clerical and i…

§ 7402A. Definitions. The following words, terms and phrases, when used in this chapter, have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: (1) “Aboveground storage tank” means a single aboveground containment vesse…

§ 7402B. Definitions. (a) “Boiler” means a closed vessel in which water is heated, steam is generated, steam is superheated, or any combination thereof, under pressure or vacuum for use externally to itself by the direct application of heat from the combustion of fuels, or from e…

§ 7403A. Referenced standards. (a) The Department shall study and consider the recommendations and standard procedures of the following organizations in developing the regulations required by this chapter: (1) The National Fire Protection Association (NFPA); (2) The American Petr…

§ 7403B. Program duties and responsibilities. (a) Notwithstanding the provisions of § 7401B(c) of this title, the Secretary or the Secretary’s designee shall have immediate access to the premises for investigation purposes related to the construction, operation, maintenance or re…

§ 7404A. Exemptions. (a) The following classes of aboveground storage tanks are exempt from this chapter, with the exception of the application of §§ 7402A, 7406A, and 7410A of this title: (1) Aboveground storage tanks of 1,100 gallons or less in capacity located on a farm and us…

§ 7404B. Council on Boiler Safety. (a) There is established the Council on Boiler Safety. (b) The Council on Boiler Safety shall serve in an advisory capacity to the Secretary or the Secretary’s designee and shall consider matters relating to the sale, operation, construction and…

§ 7405A. Registration by owner. The owner shall register all aboveground storage tanks with the Department on forms provided by the Department. Such registration must specify the date of tank installation, location, type of construction, type of substance to be stored, the size o…

§ 7405B. Enforcement. (a) When the Secretary determines that any person is in violation of any requirement, rule, or regulation under this chapter, the Secretary shall give notice to the violator of said violator’s failure to comply with such requirement. If such violation extend…

§ 7406A. Release of substances prohibited; correction of substance release; Department intervention. (a) All persons, including an owner and an operator, shall not cause or contribute to a release from an aboveground storage tank. (b) All persons, including an owner and an operat…

§ 7406B. Fees. (a) The Department may charge fees as set forth in this section. A fee enumerated in this section supersedes any previously enacted equivalent fee, whether codified or not. A previously enacted fee not included in this section remains in effect to the extent they a…

§ 7407A. Tank performance standards; release detection, prevention and correction regulations. (a) The Department, after notice and opportunity for public comment and within 24 months after July 8, 2002, shall promulgate tank performance standards, corrective action regulations a…

§ 7408A. Inspection and monitoring. (a) For the purpose of developing or assisting in the development of a standard or regulation or of enforcement of this chapter, an owner and operator shall, upon the request of an officer or employee of the State duly designated by the Secreta…

§ 7409A. Financial responsibility. The Department shall promulgate regulations containing requirements for maintaining evidence of financial responsibility as deemed necessary and desirable for taking reasonable corrective action for property damage and bodily injury caused by ac…

§ 7410A. Enforcement. This chapter is subject to enforcement pursuant to Chapter 60 and § 7906 of this title.73 Del. Laws, c. 366, § 1;

§ 7411A. Appeals. (a) A person whose interest is substantially affected by an action of the Department pursuant to a provision of this chapter or the regulations promulgated under this chapter may appeal to the Environmental Appeals Board in accordance with § 6008 of this title. …

§ 7412A. Variances. Permanent variances, temporary variances and temporary emergency variances may be granted by the Department from any regulation adopted pursuant to this chapter, in accordance with §§ 6011 and 6012 of this title.73 Del. Laws, c. 366, § 1;

§ 7413A. Aboveground storage tank registration fee [For application of this section, see 85 Del. Laws, c. 42, § 10]. (a) (1) Owners and operators must pay to the Department an annual per-tank registration fee. The fee is effective on July 1, 2002, with 6 months of fees due by Oct…

§ 7414A. Aboveground storage tank construction permit fee [For application of this section, see 85 Del. Laws, c. 42, § 10. (a) (1) The Department shall assess a 1-time construction permit fee based on the schedule below for an aboveground storage tank constructed after the effect…

§ 7415A. Required signage. Every aboveground storage tank shall have prominently posted thereupon the contents of the tank and the hazards, if any, associated with the contents. If the tank is empty the signage shall so state. For the purposes of this section “prominently posted”…

§ 7416A. Environmental liens; recovery of expenditures [For application of this section, see 79 Del. Laws, c. 69, § 5]. (a) Pursuant to the provisions of this section, all reasonable costs expended by the State related to investigating a release or suspected release of a regulate…

§ 7417A. Short title. This chapter may be referred to as the “Jeffrey Davis Act,” in memory of Jeffrey Davis.73 Del. Laws, c. 366, § 1; 79 Del. Laws, c. 69, § 3;

§ 7418A. Use of Hazardous Substance Cleanup Act funds. The Department may use funding from the Hazardous Substance Cleanup Fund, as established by § 9113 of this title, to support the implementation of this chapter, including but not limited to any of the following purposes: (1) …

§ 7419A. Applicability of Brownfields Development Program. A person approved as a brownfields developer who enters into a Brownfields Development Agreement with the Secretary pursuant to the provisions of Chapter 91 of this title, is not liable for any release or imminent threat …

§ 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…