CHAPTER 403

FORMERLY

SENATE BILL NO. 309

AS AMENDED BY

SENATE AMENDMENT NOS. 1 & 2

AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATED TO CERTAIN CRIMINAL 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 § 4702, Title 7 of the Delaware Code by striking subsection (a) in its entirety and substituting in lieu thereof the following:

“(a) Whoever violates any rule or regulation promulgated by the Department of Natural Resources and Environmental Control pursuant to this chapter shall be fined not less $50 nor more than $250 and costs for each offense, or imprisoned not more than 10 days, or both, except when such offenses are violations of subsection (g) of this section. For each subsequent like offense the person shall be fined not less than $100 nor more than $500, or imprisoned not more than 30 days, or both. If the offense involves the failure to acquire a surf fishing vehicle permit or failure to pay an entrance fee required under this chapter, the violator shall be assessed the cost of the permit, or fee, in addition to such fines. In addition to such fines, costs or imprisonment, any person who is convicted of any offense involving damaging, destroying or removal of state park property shall be required to make restitution to the Department for replacement or restoration of such property. Furthermore, in lieu of, or in addition to the aforesaid penalties, the court may order violators convicted of any offense involving damaging, destroying or removal of state park property to perform work projects in state parks.”

Section 2. Amend § 6013(h)(1), Title 7 of the Delaware Code by striking the sum “$50” as it appears in said paragraph and substituting in lieu thereof the sum “$100”.

Section 3. Amend § 6013(h), Title 7 of the Delaware Code by striking the word “and” as it appears at the end of paragraph (1) of said subsection; by striking the period “.” at the end of paragraph (2) of said subsection and substituting in lieu thereof the following: “; and”; and by adding a new paragraph (3) to said subsection to read as follows:

“(3) In addition to the penalties provided in subsections (1) and (2) of this section, if the offense involves the failure to acquire a permit as required under this Chapter, the offender shall be assessed the cost of the permit, plus a twenty-five percent surcharge, in addition to the fine.”

Section 4. Amend § 6025(b), Title 7 of the Delaware Code by striking the phrase "dispose or discharge" as it appears in said subsection and substituting in lieu thereof the phrase "cause or contribute to the disposal or discharge of".

Section 5. Amend § 6025(c), Title 7 of the Delaware Code § 6025(c) by striking the sums "$100" and “$500" as they appear in said subsection and substituting in lieu thereof the sums "$500" and "$1500" respectively.

Section 6. Amend §6025(c), Title 7 of the Delaware Code by inserting between the third and fourth sentences of said subsection the following: "In addition to the fine, the sentencing judge may order community service directed to the removal of solid waste illegally disposed of in the State, and may order restitution for costs incurred in remediation of the solid waste illegally disposed of in the State."

Section 7. Amend § 6025, Title 7 of the Delaware Code by adding new paragraphs “(d)” and “(e)” to said section to read as follows:

"(d) In the event a motor vehicle is used during or in aid of the disposal or discharge of solid waste in violation of subsection (b) of this section, and the identity of the offender is not otherwise apparent, there shall be a rebuttable presumption that the registered owner of the motor vehicle caused or contributed to such disposal or discharge. The rebuttable presumption set forth in this section shall not apply to operators of buses carrying 9 or more persons. (e) Any person, who causes or contributes to the disposal or discharge of solid waste anywhere in the State including any surface or ground water, except: (1) through municipal or private solid waste collection systems which have received a permit from the Department; or (2) in solid waste disposal facilities which have received a permit from the Department; or (3) in containers specially provided for solid waste collection by any state or municipal agency or private or public group, organization, agency or company which has received a permit from the Department, shall be civilly liable to the owner or person in possession of the real property upon which the solid waste is disposed or discharged, for any property damage sustained, for costs incurred by the owner or person in possession for clean up and proper disposal of the solid waste, and for reasonable attorneys' fees. This cause of action is in addition to any other causes of action, rights and/or remedies the owner or person in possession may have."

Section 8. § 4702 of Title 7 of the Delaware Code as amended, § 6013 of Title 7 of the Delaware Code as amended, and § 6025 of Title 7 of the Delaware Code as amended, shall apply to all such offenses committed, or alleged to have been committed, on or after the date of the enactment of these amendments. The provisions of § 4702 of Title 7 of the Delaware Code, § 6013 of Title 7 of the Delaware Code, and § 6025 of Title 7 of the Delaware Code, as they were in effect prior to the date of the enactment of this Bill shall govern all offenses committed, or alleged to have been committed, before the date of the enactment of this Bill. Offenses which were committed, or which were alleged to have been committed, during a course of conduct covering a time period both before and after the date of the enactment of this Bill shall be governed by the provisions of § 4702 of Title 7 of the Delaware Code, § 6013 of Title 7 of the Delaware Code, and § 6025 of Title 7 of the Delaware Code, as they were in effect on the date prior to the enactment of this Bill.

Section 9. This Act is effective upon its enactment into law.

Approved July 21, 2008