§ 2125 — Penalties; jurisdiction

(a) Whoever violates any of the provisions of this chapter, except §§ 2113(e), 2116(b), (c), (d), (e) and (f), or any regulation promulgated thereunder, shall for the first offense be guilty of a class D environmental violation. For each subsequent like offense occurring within 12 months of a prior conviction, the person will be guilty of a class C environmental violation.

(b) Whoever violates § 2113(e) of this title shall be guilty of a class D environmental violation.

(c) Whoever violates § 2116(b) or (c) of this title shall be guilty of a class D environmental violation.

(d) Whoever violates § 2116(d) of this title shall be guilty of a class C environmental violation. For each subsequent like offense occurring within 3 years of a prior conviction, the person shall be guilty of a class B environmental misdemeanor. No person sentenced under this subsection as a repeat offender shall receive a suspended sentence.

(e) The Justice of the Peace Courts shall have jurisdiction over any violation of this chapter, with the exception of § 2116(f) of this title.

(f) Violations of Chapters 21, 22 and 23 of this title or department orders, rules or regulations promulgated to implement provisions of these chapters are designated as environmental misdemeanors and violations punishable pursuant to the sentencing categories set forth in § 1304 of Title 7.

Legislative History

23 Del. C. 1953, § 2130; 52 Del. Laws, c. 154, § 20 ; 53 Del. Laws, c. 27, § 8 ; 58 Del. Laws, c. 193 ; 58 Del. Laws, c. 239, § 1 ; 59 Del. Laws, c. 576, § 1 ; 71 Del. Laws, c. 427, § 3 ; 79 Del. Laws, c. 421, § 14