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DE SB92

Bill

Status

Passed

8/16/2011

Primary Sponsor

John Kowalko

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Origin

Senate

146th General Assembly

AI Summary

  • Establishes a "chronic violator" designation for regulated parties that demonstrate inability or unwillingness to comply with the Department of Natural Resources and Environmental Control's regulatory programs.

  • Creates an administrative process where the Secretary may file a complaint with the Environmental Appeals Board to determine chronic violator status, with the burden of proof on the Department to show a preponderance of evidence.

  • Authorizes the Department to impose administrative penalties of up to $10,000 per day for each violation by regulated parties determined to be chronic violators, with multiple violations per day treated as separately punishable.

  • Expands the scope of chronic violator provisions to cover Delaware Code Title 7 Chapters 40, 60, 62, 63, 66, 70, 72, 74, 74A, 77, 78, and 91, plus Title 29 §8028 and Title 16 Chapters 63 and 78.

  • Requires applicants to provide identification information and permits the Department to designate sensitive personal information as confidential while allowing disclosure for investigation and enforcement activities.

Legislative Description

An Act To Amend Title 7 Of The Delaware Code Relating To Chronic Violator Status.

Last Action

Signed by Governor

8/16/2011

Committee Referrals

Natural Resources6/14/2011
Natural Resources & Environmental Control5/31/2011

Full Bill Text

No bill text available