CHAPTER 285

AN ACT TO AMEND CHAPTER 60, TITLE 7, DELAWARE CODE, WITH RESPECT TO SEVERAL SECTIONS RELATING TO THE WATER AND AIR RESOURCES DEPARTMENT.

Be it enacted by the General Assembly of the State of Delaware (two-thirds of all the members elected to each branch thereof concurring therein):

Section 1. Amend § 6006, Title 7, Delaware Code, by inserting the words "or its duly authorized designee" after the word "Commission" where it appears in the first line of § 6006.

Section 2. Amend § 6007, Title 7, Delaware Code, by striking said section in its entirety and inserting in lieu thereof the following:

§ 6007. Public hearings; notice; waiver

The Commission shall hold a public hearing with respect to any permit, lease, variance or grant for which a commercial type application is made under this Part. The Commission may hold a public hearing with respect to any permit, lease, variance or grant for which an individual type application is made under this Part.

(a) For purposes of this Chapter an individual type application shall mean any application relating to private wells and private sewage systems serving or intended to serve three (3) or less families; open burning for agricultural land clearing purposes recommended by a County Agricultural Agent or the State Forester.

(b) For purposes of this Chapter a commercial type application shall mean any application not heretofore defined as an individual application.

(c) With respect to any public hearing pursuant to this section notice shall be served upon the applicant as summonses are served or by registered or certified mail not less than 20 days before the time set for said hearing. Twenty days' notice shall also be published in a newspaper of general circulation throughout the State and, in addition, in a newspaper of general circulation in the County to which the application applies. If an applicant wishes to waive a public hearing, the published notice shall advise interested persons to file any written protests to the application within 10 days. In the absence of such protests, the Commission may, notwithstanding any other provisions of this section, in its discretion act without a public hearing.

Section 3. Amend § 6013, Title 7, Delaware Code, by striking the section in its entirety and inserting in lieu thereof the following:

§ 6013. Violation and penalties; jurisdiction

(a) Whoever violates any of the provisions of this Part or neglects or fails to obey any rule or regulation or general or special order of the Commission respecting any "commercial type application" as that term is defined in § 6007 hereof shall be fined not more than $500 for each violation, failure or refusal.

() Whoever violates any of the provisions of this Part or neglects or fails to obey any rule or regulation or general or special order of the Commission respecting any "individual type application" as that term is defined in § 6007 hereof shall be fined not less than $25 nor more than $100 for each violation, failure or refusal.

(a) After written notice is given that a person is in violation of the provisions of this Part, each day of continued violation shall be a separate offense.

(b) Fines collected under this section shall be paid into the General Fund of the State of Delaware.

(c) The Superior Court shall have jurisdiction of offenses under subsection (a) hereof.

(d) Justices of the Peace shall have jurisdiction of offenses under subsection (b) hereof.

Section 4. Amend Chapter 60, Title 7, Delaware Code, by adding thereto a new section to be denoted as § 6017 and to read as follows:

§ 6017. Temporary limits and procedure for hazardous operations

Where no code rules or regulation has been promulgated which sets specific limits for a use, emission or discharge, or operating procedure for hazardous operations, the Commission may set temporary limits or operating procedure provided that the temporary limits or orders shall not be effective for more than six months unless adopted into permanent rules and regulations within that period. The affected parties shall be given a hearing before the Commission within 30 days, if requested, on any action taken under this section.

Section 5. Amend § 6002, Title 7, Delaware Code, by adding thereto a new subsection to be denoted as subsection (d):

(d) The Commission in regulating water and air pollution or any other matters over which is has jurisdiction pursuant to this Title, may enter at reasonable times upon any private or public property for the purposes of investigating conditions within its jurisdiction and powers conferred by this Title upon giving verbal notice and after presenting official identification to the owner, occupant, custodian, or agent of said property.

Approved July 15, 1969.