CHAPTER 269

FORMERLY

HOUSE BILL NO. 151

AS AMENDED BY HOUSE AMENDMENT NOS. 1 AND 2

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO INCREASING PENALTIES FOR VIOLATIONS OF LEAD-BASED PAINT HAZARD REGULATIONS.

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 § 107, Chapter 1, Title 16 of the Delaware Code by inserting a new subsection (d) as follows:

"(d)(1) Notwithstanding the foregoing, whoever refuses, fails, or neglects to perform duties required of trained and certified individuals and firms under § 122(3)(t) of this title; or who violates, neglects, or fails to comply with duly adopted regulations or orders of the Department regarding the standards for regulation of lead-based paint, including the training and certification of companies and workers engaged in lead-based paint activities, work practice standards, and the accreditation of lead-based paint hazard training programs, shall be subject to a criminal penalty up to $10,000 per day, together with costs, for every day from and after the effective date of an order of the Department, specifically directing compliance until such time compliance has been achieved. The Justices of the Peace Court shall have jurisdiction to adjudicate offensives under this sub-section.

(2) In appropriate cases, Department issued orders concerning lead-based paint activities and duties imposed by law upon such persons engaged in lead-based paint activities governed by this code may be compelled by mandamus or injunction.

(3) At the discretion of the Department, in lieu of criminal action pursuant to §107(d)(1) the Secretary shall be authorized to impose an administrative penalty of up to $10,000 per violation in accordance with the Administrative Procedures Act against any person or entity who violates the provisions of this chapter or the Regulations promulgated pursuant to it. Assessment of an administrative penalty shall be determined by the nature, circumstances, extent and gravity of the violation, or violations, ability of the 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.

(4) All fees and penalties assessed by the Department under this statute shall be retained by the Department in order to defray costs associated with the Lead-based Paint Poisoning Prevention program."

Approved May 23, 2002