CHAPTER 527

FORMERLY

HOUSE BILL NO. 1052

AN ACT TO AMEND CHAPTER 61, TITLE 7, DELAWARE CODE, RELATING TO THE CONTROL AND REGULATION OF UNDERWATER LANDS UNDER THE JURISDICTION AND CONTROL OF THE STATE OF DELAWARE, AND PROVIDING CIVIL AND CRIMINAL PENALTIES AND INJUNCTIVE RELIEF FOR VIOLATIONS THEREOF, AND PROVIDING THE SECRETARY OF THE DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL WITH THE POWER TO ISSUE CEASE AND DESIST ORDERS.

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. Title 7, Delaware Code, Chapter 61 is amended by striking Subchapter IV in its entirety and substituting in lieu thereof a new Subchapter IV to read as follows:

"SUBCHAPTER IV-ENFORCEMENT

§6162. Violations, enforcement, civil, and criminal penalties

(a) The Secretary shall enforce the provisions of this Chapter.

(b) Whoever violates any provision of this Chapter, or any rule, or regulation, or condition of a lease or permit issued pursuant to authority granted in this Chapter or an order of the Secretary shall be punishable as follows:

(i) If the violation has been completed by a civil penalty of not less than one thousand dollars ($1,000) nor more than ten thousand dollars ($10,000) for each completed violation. Each day of continued violation shall be considered as a separate violation. The Superior Court shall have jurisdiction of a violation in which a civil penalty is sought.

(ii) If the violation is continuing or threatening to begin, the Secretary may, in addition to seeking a monetary penalty as provided in subsection (b) (i) hereof, seek a temporary restraining order, a temporary injunction, or permanent injunction in the Court of Chancery.

(c) Whoever violates any provisions of this Chapter, or any rule, or regulation promulgated thereunder or any rule or regulation in effect at the time of the enactment of this act or any lease or permit condition, or any order of the Secretary, shall be punished by a criminal penalty of not less than fifty dollars ($50) nor more than five hundred dollars ($500) for each violation. Each day of violation shall be considered as a separate violation. The Courts of the Justice of the Peace shall have jurisdiction of offenses under this subsection.

(d) Any person who knowingly makes any false statement, representation, or certification in any application, record, report, plan or other document filed or required to be maintained under this Chapter, or under any lease or permit, rule, regulation or order issued under this Chapter, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required to be maintained under this Chapter, shall upon conviction be punished by a fine of not less than five hundred dollars ($500) nor more than five thousand dollars ($5,000) or by imprisonment for not more than six (6) months, or both. The Superior Court shall have jurisdiction of offenses under this subsection.

§6163 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 pursuant to this section shall expire (i) after thirty (30) days of its issuance, or (ii) upon withdrawal of said order by the Secretary, or (iii) when the order is superseded by an injunction, whichever occurs first.

Approved July 26, 1974.