CHAPTER 121

FORMERLY

HOUSE BILL NO. 226

AN ACT TO AMEND CHAPTER 60, TITLE 7, OF THE DELAWARE CODE RELATING TO THE DUMPING OF SOLID WASTES INTO THE OCEAN, DELAWARE BAY, INLAND BAYS AND OTHER STATE WATERS.

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

Section 1. Amend Subchapter IV, Chapter 60, Title 7, of the Delaware Code by deleting said subchapter in its entirety and substituting in lieu thereof the following:

"Subchapter IV. Ocean Dumping.

§6070. Title

This Act shall be know as the 'Solid Waste Dumping Elimination Act'. §6071. Purpose.

The General Assembly finds that historically millions of tons of solid wastes have been disposed of in the ocean and waters of the State, that these wastes are not land disposed in recognition of the threat posed by the presence of contaminants, by the lack of knowledge or appreciation of the harm such wastes can cause to the marine environment, or that it is cheaper to dispose of such wastes in the ocean or other waters of the State. Therefore, it is the intent of the General Assembly to prohibit the disposal of solid wastes in the ocean and other waters of the State.

§6072. Definitions

The following words and phrases shall have the meanings ascribed to them in this subchapter unless the context clearly indicates otherwise:

(1) 'Inland Bays' shall mean the Rehoboth Bay, Indian River Bay, Indian River and Little Assawoman Bay.

(1) 'Waters of Exceptional Recreational or Ecological
Significance' shall mean waters designated by the state which are important, unique, or sensitive from a recreational and/or ecological perspective, but which may or may not have excellent water quality. Such waters shall normally have regional significance with respect to recreational use (fishing, swimming and boating), or have significant or widespread riverine, riparian, or wetland natural areas.

§6073. Prevention.

The provisions of any other law, rule or regulation to the contrary notwithstanding, all disposal of solid wastes into the ocean waters of the State, the Delaware Bay, the Inland Bays and Waters of Exceptional Recreational or Ecological Significance is hereby prohibited.

§6074. Penalties.

(a) Whoever negligently violates §6073 of this title shall be fined not less than $2,500 nor more than $25,000 per day of violation, or be imprisoned for not more than 1 year, or both. If a conviction of a person is for a violation committed after a prior conviction of such person under this section, punishment shall be by a fine of not less than $5,000 nor more than $50,000 per day of violation, or by imprisonment of not more than 2 years, or both.

(b) Whoever knowingly violates §6073 of this title shall be fined not less than $5,000 nor mure than $50,000 per day of violation, or be imprisoned for no more than 3 years, or both. If a conviction of a person is for a violation committed after a prior conviction of such person under this section, punishment sher,1 be by a fine of not less than $10,000 nor

more than $100,000 per day of violation, or by imprisonment of not more than 6 years, or both.

(c) The Superior Court shall have jurisdiction over violations of §6073 of this title.

(d) There shall be no suspension of any fines required under the provisions of this section.

Approved July 8, 1991.