CHAPTER 163

FORMERLY

SENATE BILL NO. 240

AN ACT TO AMEND CHAPTER 60, TITLE 7, DELAWARE CODE RELATING TO THE ASSESSING OF CIVIL AND ADMINISTRATIVE PENALTIES.

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 Title 7, Chapter 60, Section 6005, paragraph (b) of the Delaware Code by adding a new subparagraph (3) to read as follows:

"(3) In his discretion, the Secretary may impose an administrative penalty of not more than $10,000 for each day of violation. Prior to assessment of an administrative penalty, written notice of the Secretary's proposal to impose such penalty shall be given to the violator, and the violator shall have thirty (30) days from receipt of said notice to request a public hearing. Any public hearing, if requested, right of appeal and judicial appeal shall be conducted pursuant to 7 Del. C. §§6006, 6007, 6008, and 6009. Assessment of an administrative penalty shall be determined by the nature, circumstances, extent and gravity of the violation, or violations, ability of violator to pay, any prior history of such violations, the degree of culpability, economic benefit or savings (if any) resulting from the violation, and such other matters as justice may require. Simultaneous violations of more than one pollutant or air contaminant parameter or of any other limitation or standard imposed under this Chapter shall be treated as a single violation for each day. In the event of nonpayment of the administrative penalty after all legal appeals have been exhausted, a civil action may be brought by the Secretary in Superior Court for collection of the administrative penalty, including interest, attorneys fees and costs, and the validity, amount and appropriateness of such administrative penalty shall not be subject to review."

Section 2. Amend Title 7, Chapter 60, Section 6005(d) of the Delaware Code by adding after the word "civil" and before the word "penalties" the following:

"or administrative"

Approved July 13, 1987.