Title 7, Conservation

§ 6021. Federal aid; other funds. The Department may cooperate with and receive moneys from the federal government, any state or local government or any industry or other source. Such moneys received are appropriated and made available for the study and preservation of land, wate…

§ 6022. Temporary limits and procedures for hazardous operations. Where no rule or regulation has been promulgated which sets specific limits for the use, emission or discharge, or operating procedure for hazardous operations, the Secretary may set temporary limits or operating p…

§ 6023. Licensing of water well contractors, pump installer contractors, drillers, drivers, pump installers, septic tank installers, liquid waste treatment plant operators and liquid waste haulers. (a) No person shall: (1) Engage in the drilling, boring, coring, driving, digging,…

§ 6024. Right of entry. The Secretary, or the Secretary’s duly authorized designee, in regulating water pollution, air pollution, solid waste disposal or any other matter over which he or she has jurisdiction pursuant to this chapter, may enter, at reasonable times, upon any priv…

§ 6025. Solid waste. (a) The Secretary shall have exclusive authority to effectuate the purposes of this chapter concerning solid waste, set forth in § 6001(c)(6) of this title notwithstanding any authority heretofore conferred upon or exercised by any other state agency, but any…

§ 6026. License fees [For application of this section, see 85 Del. Laws, c. 42, § 10]. (a) (1) The Secretary may establish fees, subject to approval by the General Assembly, for examining and granting a license to a percolation tester, system designer, site evaluator, system insp…

§ 6027. Change of authority. The word “Secretary” shall be substituted wherever the words “Water and Air Resources Commission” or “Commission” appear in the Delaware Code and any authority vested in the “Water and Air Resources Commission” or “Commission” is hereby delegated to t…

§ 6028. Report of discharge of pollutant or air contaminant. (a) Any person who causes or contributes to an environmental release or to the discharge of an air contaminant into the air, or a pollutant, including petroleum substances, into surface water, groundwater or on land, or…

§ 6029. Limitations on scope of chapter. This chapter shall not apply to or change the existing law in respect to: (1) The landowner’s right to place a dam across a gully on his or her property or across a stream that originates on that landowner’s property where provision is mad…

§ 6030. Approval of water use. No increase in the amount of water used shall be made by a user without prior approval of the Department.7 Del. C. 1953, § 6030; 59 Del. Laws, c. 212, § 1;

§ 6031. Obligation of recipients of water allocations. (a) The Secretary shall, when the use of water pursuant to an allocation granted under § 6010(f) of this title causes the depletion or exhaustion of an existing use of water, require as a condition of such allocation that the…

§ 6032. Licensing of site evaluators, percolation testers and on-site system designers and contractors. (a) No person shall conduct percolation tests or soil evaluations or design, inspect or install on-site wastewater treatment and disposal systems without first having obtained …

§ 6033. Pretreatment program. (a) The Secretary shall develop, implement and enforce, and may amend, modify and repeal, a state pretreatment program in compliance with the Federal Water Pollution Control Act, as amended, 33 U.S.C. § 1251 et seq. and regulations promulgated thereu…

§ 6034. Sewage system cleansers and additives. (a) No person shall distribute, sell, offer or expose for sale in this State any sewage system cleanser or additive containing any restricted chemical materials in excess of 1 part per hundred by weight. The penalty for an initial vi…

§ 6035. Vessel sewage discharge. (a) Marina owners/operators for marinas that are located in whole or in part on tidal waters of the State, and that provide dockage for vessels with a portable toilet or toilets or Type III marine sanitation device or devices (MSD), shall provide …

§ 6036. Projects of state significance. The Department shall adopt objective standards and criteria to identify “projects of state significance” which standards and criteria shall be used by the Department in evaluating projects in the State requiring the review or approval of th…

§ 6037. Obligation of persons who contaminate drinking water supplies. (a) (1) The Secretary shall develop and publish the necessary forms to be used by any person who believes his or her drinking water supply has been contaminated to petition for an alternative water supply, sai…

§ 6037B. Recreational water. (a) The Secretary shall provide for the sanitary control of natural swimming and bathing places. (b) The Secretary shall consult with the Director of the Division of Public Health prior to making any recommendations on swimming or bathing conditions t…

§ 6038. Borrow pits. (a) The Secretary shall develop, implement and enforce, and may amend, modify and repeal, after notice and public hearing, a program to protect the waters of the State from adverse environmental impacts relating to the operation of borrow pits. In addition to…

§ 6039. Debris disposal area remediation. (a) The Secretary may develop, implement and administer a program for the identification, investigation, assessment, mitigation and remediation of debris disposal areas created as part of the construction of residential or subdivision dev…

§ 6040. Requirement for scrap tire piles; enforcement. (a) The following definitions shall apply to this section: (1) “Operator” means any person or entity who has or had a contractual or other responsibility for security, maintenance, sales or operations of a scrap tire pile or …

§ 6041. Scrap Tire Management Fund. (a) There shall be established in the State Treasury and in the accounting system of the State a special fund to be known as the Scrap Tire Management Fund (“the Fund”). (b) The following moneys shall be deposited into the Fund: (1) All fees co…

§ 6042. Civil and administrative penalties; Community Environmental Project Fund. (a) There is hereby established a Community Environmental Project Fund, referred to herein as the “Fund.” The Fund shall be held as a separate account within the Department and may be invested by th…

§ 6043. Findings, purpose, and definitions [Effective until July 16, 2028]. (a) Findings. — The General Assembly hereby makes the following findings concerning the development, utilization and control of the air resources of the State related to impacts of carbon dioxide (CO2) em…

§ 6044. Regional Greenhouse Gas Initiative. (a) The General Assembly explicitly authorizes and sanctions the prior and ongoing participation of the Secretary of the Department of Natural Resources and Environmental Control, and the Chair of the Public Service Commission, and thei…

§ 6045. Auction of allowances. (a) The Secretary of the Department of Natural Resources and Environmental Control is hereby authorized to establish, implement and manage an auction program to sell CO2 allowances into a market based trading program consistent with the RGGI Memoran…

§ 6046. Auction revenue [Effective until July 16, 2028]. (a) All proceeds associated with the auction of CO2 allowances shall be directed to public benefit purposes as defined herein. (b) The Secretary shall hold any and all auction proceeds in an interest bearing account with al…

§ 6047. Federal preemption. Should a national cap and trade program essentially equivalent to the requirements of Regional Greenhouse Gas Initiative (RGGI) be promulgated by the federal government, Delaware may transition into the federal program and suspend or amend its regulati…

§ 6051. Findings; intent. In furtherance of the determination long established in § 6450 of this title that “the reduction of solid waste disposal and recovery of usable materials from solid waste are matters of extreme importance in minimizing the environmental impact of solid w…

§ 6052. Definitions. Notwithstanding any definitions in Chapter 60 or 64 of this title to the contrary, the following words and phrases shall have the meaning ascribed to them in this subchapter unless the context clearly indicates otherwise. (1) “Authority” means the Delaware So…

§ 6053. Universal recycling. The goal of universal recycling is to create an economy of scale wherein a dramatic increase in Delaware’s diversion of recyclables occurs in the most cost effective manner achievable while simultaneously creating job opportunities and significantly r…

§ 6054. Delaware Recycling Fund. (a) There shall be established in the State Treasury and in the accounting system of the State a special fund to be known as the Delaware Recycling Fund (“the Fund”). (b) The following revenue shall be deposited into the Fund: (1) As specified in …

§ 6055. Recycling Grants and Low Interest Loan Program [Repealed].77 Del. Laws, c. 275, § 1; repealed by 85 Del. Laws, c. 444, § 3, effective Aug. 26, 2026.;

§ 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…

§ 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 Assembly, by November 1 of each year, an annual report on the status of recycling activities in Delaware. Said report …

§ 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.