CHAPTER 558

SENATE BILL NO. 753

AS AMENDED BY SENATE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 64, TITLE 7 OF THE DELAWARE CODE RELATING TO THE DELAWARE SOLID WASTE AUTHORITY; AND PROVIDING FOR A MEANS OF REPLACING DIRECTORS ON THE DELAWARE SOLID WASTE AUTHORITY, CLARIFYING MEETING AND VOTING REQUIREMENTS, INDICATING PENSION COVERAGE OF AUTHORITY EMPLOYEES, CLARIFYING BONDING CAPABILITIES, CLARIFYING DEFINITIONS, AND ALLOWING FOR IMPOSITION OF SANCTIONS FOR VIOLATIONS OF REGULATIONS AND LICENSE CONDITIONS.

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

Section 1. Amend §6403, Chapter 64, Part VII, Title 7 of the Delaware Code by combining present subsections (a) and (b) and designating the new, combined subsection as subsection (a).

Section 2. Amend §6403, Chapter 64, Part VII, Title 7 of the Delaware Code by adding thereto a new subsection, designated as subsection (b), which new subsection shall read as follows:

(b) In the event of death of a director, permanent disability of a director, resignation of a director to perform his duties, the Governor shall appoint an interim director to serve for a period not to exceed six months, unless such interim director shall be confirmed by the Senate, in which case the interim director shall complete the term of the replaced director. If an interim director is not confirmed by the Senate within six months of the date of appointment, the position of director shall remain vacant until such time that an interim director is confirmed by the Senate, or a director is selected to serve a new term. Except as otherwise set forth herein the appointment of interim directors shall be subject to all other requirements regarding appointments of directors."

Section 3. Amend §6403, Chapter 64, Part VII, Title 7 of the Delaware Code by striking subsection (c) of said section in its entirety, and substituting in lieu thereof the following:

"(c) For purposes of conducting business of the Authority five (5) directors shall constitute a quorum. A majority vote of members constituting the quorum shall be required for action on any matter before the Authority. All votes on matters before the Authority .shall be conducted at meetings open to the public, and such meetings shall be timely noticed through Statewide newspaper advertisement. Nothing herein shall prevent the directors of the Authority from meeting at executive sessions which are closed to the public for purposes of discussing Authority matters."

Section 4. Amend §6405, Chapter 64, Part VII, Title 7 of the Delaware Code by adding thereto a new subsection, designated as subsection (f), which new subsection shall read as follows:

"(f) All members of the staff shall be included under and subject to the provisions of Chapter 55, Title 29 of the Delaware Code, entitled, `State Employee's, Pension Plan'."

Section 5. Amend subsection (a), Section 6407, Chapter 64, Title 7 of the Delaware Code by striking paragraph (2) in its entirety, and substituting in lieu thereof the following:

"(2) Receive funds from the sale of general bonds, revenue bonds, or other obligations of municipal, county, or regional authorities and from the sale of general bonds, revenue bonds, or other obligations of the Authority."

Section 6. Amend §6402 (5), Chapter 64, Part VII, Title 7 of the Delaware Code by striking the words "corporative enterprise" and substituting the words "cooperative enterprise" in lieu thereof.

Section 7. Amend Chapter 64, Part VII, Title 7 of the Delaware Code by adding thereto a new section, designated as §6417, which new section shall read as follows:

"§6417. Sanctions.

(a) Any person who violates a regulation or a license condition shall be subject to the following sanctions:

(1) If the violation has been completed, a civil penalty of not less than $100 and not more than $1,000 shall be assessed. If a violation continues for a number of days, each day of such violation shall be considered a separate violation. Jurisdiction of lawsuits under this subsection shall be in any Court of Common Pleas.

(2) If the violation is continuous, or there is a substantial likelihood that it will reoccur, the Authority may seek a temporary restraining order, preliminary injunction, or permanent injunction in the Court of Chancery.

(b) Any licensee who violates a regulation or license condition shall be subject to revocation of such license, or suspension of such license for such period as determined by the Authority. The procedure to be followed regarding any revocation or suspension of license shall be as follows:

(1) The Authority shall notify the licensee of the alleged violation by registered mail at least twenty (20) days in advance of the time set for hearing on the violation.

(2) A hearing shall be held on the violation at which time the manager of the Authority shall present evidence in support of the alleged violation.

(3) The licensee may appear personally or by counsel at the hearing and produce any competent evidence in his behalf.

(4) Upon request of the manager or an alleged violator the Chairman of the Authority shall issue subpoenas requiring the testimony of witnesses and production of books, records, or other documents relevant to any matter involved in such hearing. In case of contumacy or refusal to obey a subpoena issued under this subsection, the Superior Court in the county in which the hearing is held shall have jurisdiction upon application of the Chairman to issue an order requiring such person to appear and testify or produce books records or other documents requested.

(5) All testimony at the hearing shall be taken under oath. The Chairman shall administer oaths and all directors shall be entitled to examine witnesses. A verbatim transcript of testimony at the hearing shall be prepared and shall, along with the exhibits introduced into evidence, constitute the record.

(6) Decisions regarding revocation or suspension of a license shall be made by majority vote of directors constituting the quorum. In the event the directors render a decision revoking or suspending a license, the Chairman shall make findings of fact based on the record supporting the decision, and state the reasons for rendering the decision. Any director who takes exception to the decision may submit a dissenting opinion which shall set forth the reasons of such exception. Dissenting opinions shall be attached to and constitute a part of the decision of the Authority. Deliberations on decisions regarding revocations or suspensions of licenses shall be held in executive sessions which shall be closed to the public. In the event a decision is rendered revoking or suspending a license, the Authority may impose conditions for reapplication for a license or for continued operation of the violator under the license.

registered mail of any decision reached under this subsection.

(c) Any person whose license is revoked or suspended may appeal the decision of the Authority to the Superior Court in and for the county in which the hearing was held. Such appeals shall be made within thirty (30) days of the date of receipt of notification of the Authority's decision. Appeals shall be on the record. If the Court finds that additional evidence should be taken, the Court may remand the matter to the Authority for completion of the record. No appeal shall operate to stay automatically any decision of the Authority, but upon application and for good cause, the Authority or the Superior Court may stay the decision pending disposition of the appeal.

(d) The Authority, through its legal counsel, shall be entitled to take direct legal action pursuant to subsection (a) of this section without resort to conciliation or administrative remedies. The Authority may delegate to its manager the authority to file suit on behalf of the Authority"

Approved July 8, 1976