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DE SB92

Bill

Status

Introduced

5/13/2009

Primary Sponsor

Gerald Brady

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Origin

Senate

145th General Assembly

AI Summary

  • Amends Delaware Code Title 7 to revise the Department of Natural Resources and Environmental Control's (DNREC) chronic violator program for regulated parties.

  • Adds a purpose section establishing that chronic violator status prevents circumstances where traditional enforcement tools are insufficient or penalties are treated as business expenses rather than deterrents.

  • Expands criteria for determining chronic violator status to include factors such as nature and extent of harm, duration of noncompliance, number of violations, economic benefits from violations, state of mind, and adequacy of capitalization and modernization.

  • Specifies types of violations to be considered including environmental harm, criminal convictions, tampering with monitoring equipment, false reporting, failure to maintain pollution controls, and noncompliance with court orders.

  • Authorizes DNREC Secretary to impose administrative penalties up to $10,000 per day for violations by chronic violators, with multiple violations of different parameters or standards treated as separately punishable violations per day.

Legislative Description

An Act Proposing An Amendment To Article Ii Of The Constitution Of The State Of Delaware Relating To Gambling.

Last Action

Assigned to Executive Committee in Senate

5/13/2009

Committee Referrals

Executive5/13/2009

Full Bill Text

No bill text available