CHAPTER 249

FORMERLY

HOUSE BILL NO. 323

AS AMENDED BY HOUSE AMENDMENT NO. 1,

SENATE AMENDMENT NO. 1 AND

SENATE AMENDMENT NO. 1 TO SENATE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 66, OF TITLE 7, DELAWARE CODE, TO PROVIDE FOR ENFORCEMENT BY CIVIL PENALTY AND TO ADD A LESSER CRIMINAL PENALTY.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each House thereof concurring therein):

Section 1. Amend §6617 of Chapter 66, Title 7, Delaware Code, by striking said §6617 in its entirety and inserting a new §6617 to read as follows:

"§6617. Penalties

(a) Any person who intentionally or knowingly violates any rule, regulation, order, permit condition, or provision of this Chapter shall be fined not less than $500 or more than $10,000 for each offense. Continuance of any activity prohibited by this Chapter during any part of a day shall constitute a separate offense. Any person found guilty of violating any cease and desist order of the Secretary shall be fined for each offense, starting from the date of receipt of the order. The Superior Court shall have jurisdiction of offenses under this subsection.

(b) Any person who violates any rule, regulation, order, permit condition, or provision of this Chapter shall be fined not less than $50 or more than $500 for each violation. Each day of violation shall be considered as a separate violation. The Justice of the Peace Courts shall have jurisdiction of offenses under this subsection.

(c) Any person who violates a provision of this Chapter, any condition or limitation in a permit, rule, regulation, or order shall be liable for a civil penalty of not less than $1,000 nor more than $10,000 for each completed violation. The Superior Court shall have jurisdiction of offenses under this subsection.

(d) In addition to any penalties imposed under §6617 or injunctive relief under §6615, a person who effects or permits any activity in wetlands in violation of this Chapter may be liable to the State for the cost of restoration of the affected wetland to its condition prior to such violation insofar as that is technically feasible. The Attorney General of the State, upon complaint of the Secretary, shall institute a civil action to recover such damages, or may request such cost of restoration to be imposed in the Chancery Court injunctive action or Superior Court civil action."

Approved June 1, 1982.