DE SB241

Revises the Department of Natural Resources and Environmental Control's (DNREC) chronic violator program by establishing a formal purpose section defining chronic violator status as a mechanism for preventing violations when traditional enforcement tools appear insufficient or when penalties are treated as business expenses.

Expands the definition of "chronic violator" to include regulated parties demonstrating inability or unwillingness to comply with DNREC regulatory programs, with criteria including patterns of willful neglect, inadequate capitalization or modernization, and failure to use accepted professional practices.

Establishes thirteen specific factors for determining willful neglect or reckless disregard, including nature and extent of harm, duration of noncompliance, number of violations, economic benefits from violations, willfulness, failure to perform due diligence, and self-reporting within 15 days.

Adds eleven categories of violations and conduct to be considered by DNREC's Secretary, including violations causing environmental harm, criminal convictions, tampering with equipment, false reporting, failure to maintain pollution controls, and violations by related persons or entities.

Provides a public hearing process for chronic violator determinations treated as alleged violations under existing procedures, allows appeals to the Environmental Appeals Board, expands DNREC's subpoena power, and enhances administrative penalties to apply per discrete occurrence and per each pollutant release.