TITLE 3

Agriculture

Regulatory Provisions

CHAPTER 22. Nutrient Management

Subchapter V. Enforcement, Suits for Enforcement, and Incentives

§ 2280. Enforcement; fines and penalties [Repealed].
72 Del. Laws, c. 60, §  1repealed by 84 Del. Laws, c. 245, § 6, effective Feb. 28, 2024.

§ 2281. Suits for enforcement.

Any person may file suit in Chancery Court for injunctive relief against:

(1) Any person found pursuant to § 2260 of this title to have violated this chapter or regulations promulgated thereunder;

(2) The Department of Agriculture, for any alleged failure to perform any act or duty mandated to the Department under this chapter; or

(3) The Commission, for any failure to perform any act or duty mandated to the Commission under this chapter or for failure to enforce the chapter or regulations promulgated thereunder.

72 Del. Laws, c. 60, §  1

§ 2282. Protection from enforcement.

The Commission shall establish a list of best management practices for which funding is available from the Department and/or other local, state or federal agencies. Should any person be required under this chapter or regulations promulgated hereunder to undertake any of the activities for which funding is available and fail to receive funding due to insufficient funds available through those local, state or federal agencies, the Commission shall not begin any enforcement action under this title until such funding becomes available; provided, however, that the owner-operator must accept the first available funding after a period of 3 years, dated from nutrient management plan acceptance.

72 Del. Laws, c. 60, §  184 Del. Laws, c. 245, § 7