CHAPTER 526

FORMERLY

HOUSE BILL NO. 968

AN ACT TO AMEND TITLE 29, DELAWARE CODE TO AUTHORIZE THE SECRETARY TO ESTABLISH AN OFFICE OF ENVIRONMENTAL PROTECTION, TO SPECIFY THE POWER, DUTIES, AND RESPONSIBILITIES OF THE ENVIRONMENTAL PROTECTION OFFICERS.

Be it enacted by the General Assembly of the State of Delaware:

Section 1, Title 29, Delaware Code, Section 8003 is amended by adding a new subsection (m) to read as follows:

"(m) Establish, supervise, direct, and account for the administration and operation of an Office of Environmental Protection. Such Office of Environmental Protection shall be responsible for the enforcement of the laws, regulations, rules, permits, licenses, orders, and program requirements of the Department of Natural Resources and Environmental Control. In exercising his powers, duties, and functions under this subsection, the Secretary may:

(1) Appoint enforcement personnel who shall be officially known and referred to as Environmental Protection Officers.

(2) Classify Environmental Protection Officers according to rank, title, or duties assigned as deemed appropriate.

(3) Assign or reassign Environmental Protection Officers to the divisions, subdivisions, and offices of the Department to perform enforcement duties as deemed appropriate.

(4) Provide law enforcement training for Environmental Protection Officers.

(5) Establish a central filing system to record and maintain a record of violations of Statutes, Rules, Regulations, Permit Conditions, Licenses, Orders, and Program Requirements administered by the Department of Natural Resources and Environmental Control."

Section 3, Title 29, Delaware Code, is amended by adding a new section 8003B to read as follows:

§8003B. Powers, duties and functions of Environmental Protection Officers

(a) It shall be the duty of Environmental Protection Officers to compel the enforcement of all laws, regulations, rules, permits, licenses, orders, and program requirements of the Department of Natural Resources and Environmental Control.

(b) Environmental Protection Officers shall have police powers similar to those of sheriffs, constables, peace officers, and other police officers when enforcing the laws, regulations, rules, permits, licenses, orders, and program requirements of the Department of Natural Resources and Environmental Control. Such police powers shall include, but not be limited to, powers of investigation, search, seizure, detention, and arrest conferred by law on sheriffs, constables, peace officers, and other police officers.

(c) Environmental Protection Officers shall have the authority to serve and return summonses, subpoenas, and warrants.

(d) Nothing contained in this Section shall be construed to limit the statutory enforcement authorities, responsibilities, or powers of enforcement personnel of the Department of Natural Resources and Environmental Control."

Approved July 26, 1974.