Delaware General Assembly


CHAPTER 319

FORMERLY

SENATE BILL NO. 476

AN ACT TO AMEND CHAPTER 62. TITLE 7 DELAWARE CODE RELATING TO CIVIL PENALTIES FOR THE UNLAWFUL DISCHARGE OF OIL.

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

Section 1. Amend Section 6205. Chapter 62. Title 7 of the Delaware Code by striking Section 6205 in its entirety and substituting in lieu thereof the following:

"§6205. Enforcement

(a) Any person who violates a provision of this Chapter or any rule or regulation promulgated thereunder shall be liable in any court of competent jurisdiction for a civil penalty of not less than 81.000 nor more than 810,000 for each day of violation. Any civil penalties collected under this section are hereby appropriated to the Department to carry out the purposes of this Chapter.

(b) The Secretary may seek appropriate relief. Including injunctive relief, in any court of competent jurisdiction to prohibit and prevent such violation or violations from continuing.

(c) The Secretary may also bring an action in any court of competent jurisdiction for the collection of expenses Incurred by the Department resulting from the violation of this Chapter or any rule or regulation promulgated thereunder."

Approved June 27. 1986.