CHAPTER 196

FORMERLY

HOUSE BILL NO. 390

AN ACT TO AMEND TITLE 7, CHAPTER 40, OF THE DELAWARE CODE, RELATING TO ENFORCEMENT BY CRIMINAL PENALTY, ADDING A LESSER CRIMINAL PENALTY, AND CONCILIATION.

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

Section 1. Amend Chapter 40, Title 7, Delaware Code by striking §4014 in its entirety.

Section 2. Amend Chapter 40, Title 7, Delaware Code by adding the following new §4014 to read as follows:

"§4014. Penalties

(a) Any person who violates any rule, regulation, order, condition within an
approved plan or provision of this Chapter shall be fined not less than $50 or more than $500 for each offense. Each day the violation continues shall constitute a separate

offense. The Justice of the Peace Courts shall have jurisdiction of offenses under this
subsection.

(a) Any person who intentionally violates any notice to comply issued pursuant to §4010(a) of thts Chapter shall be fined not less than $500 or more than $10,000 for each
offense. Each day the violation continues shall constitute a separate offense. The
Superior Court shall have jurisdiction of offenses under this subsection.

(b) In its discretion, and with the approval of the Department, a district may
endeavor to obtain compliance with all requirements of this Chapter in accordance with conciliation procedures established by regulation."

Approved December 17, 1987.