§ 2215 — Enforcement; penalties

(a) The Department of Natural Resources and Environmental Control shall be the State agency authorized to promulgate such rules and regulations as are necessary for the safe and proper administration of this subchapter.

(b) The State, each county within this State and each municipality within this State shall have concurrent authority to enforce, each within its respective jurisdiction, the provisions of this subchapter. All fines and penalties collected by a county or municipality as a result of the efforts of that county or municipality to enforce the provisions of this subchapter shall be paid to such county or municipality.

(c) Whoever violates any of the provisions of this subchapter 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 shall be guilty of a class C environmental violation.

(d) The Justice of the Peace Courts shall have jurisdiction over any violation of this subchapter.

Legislative History

68 Del. Laws, c. 185, § 3 ; 71 Del. Laws, c. 427, § 5 ; 79 Del. Laws, c. 421, § 15