§ 6059 — Enforcement, civil and administrative penalties

(a) Whoever violates this subchapter, or any rule or regulation promulgated there under, or any order of the Secretary, shall:

(1) For the first conviction, be fined not less than $100 nor more than $500 for each day of violation;

(2) For each subsequent conviction for the same offense within a 10-year period, be fined not less than $500 nor more than $1,500 for each day of violation;

(3) In the Secretary’s discretion, the Secretary may endeavor by conciliation to obtain compliance with all requirements of this subchapter. Conciliation shall be giving written notice to the responsible party:

a. Specifying the complaint;

b. Proposing a reasonable time for its correction;

c. Advising that a hearing on the complaint may be had if requested by a date stated in the notice; and

d. Notifying that a proposed correction date will be ordered unless a hearing is requested.

If no hearing is requested on or before the date stated in the notice, the Secretary may order that the correction be fully implemented by the proposed date or may, on the Secretary’s own initiative, convene a hearing, in which the Secretary shall publicly hear and consider any relevant submission from the responsible party as provided in § 6006 of this title.

(b) Any person whose interest is substantially affected by any action of the Secretary may appeal to the Environmental Appeals Board, in accordance with § 6008 of this title.

Legislative History

61 Del. Laws, c. 503, § 1 ; 68 Del. Laws, c. 146, § 1 ; 70 Del. Laws, c. 186, § 1 ; 77 Del. Laws, c. 275, § 1