CHAPTER 202

FORMERLY

SENATE BILL NO. 305

AN ACT TO AMEND CHAPTER 40. TITLE 7 OF THE DELAWARE CODE RELATING TO INSPECTION RESPONSIBILITIES IN CONTROLLING EROSION AND SEDIMENTATION.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Section 4010, Subchapter IV, Chapter 40, Title 7, Delaware Code by

striking subsection (a) in Its entirety and by adding a new subsection (a) to read as follows:

"(a) With respect to approved plans for erosion and sediment control In connection with land disturbing activities which involve the issuance of a grading, building, or other permit, the permit issuing authority, District or Department as appropriate, shall provide for periodic inspections of the land disturbing activity to insure compliance with the approved plan, and to determine whether the measures required in the plan are effective in controlling erosion and sediment resulting from the land disturbing

activities. Notice of such right of inspection shall be Included In the erosion and

sediment control plan certification. If the permit Issuing authority, District or

Department as appropriate, determines that the permittee has failed to comply with the plan, the permit issuing authority. District or Department as appropriate, shall immediately serve upon the permittee by registered mall to the address specified by the permittee In the plan certification a notice to comply. Such notice shall set forth the measures needed to come into compliance with such plan and shall specify the time within which such measures shall be completed. If the permlttee falls to comply within the time specified, the permittee shall be In violation of this Chapter and subject to the penalties p ,ovided by this Chapter."

Approved December 17, 1987