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Legislation Document
SPONSOR:
Sen. Hoffner & Rep. Bush
DELAWARE STATE SENATE
153rd GENERAL ASSEMBLY
SENATE BILL NO. 285
AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO EROSION, SEDIMENTATION CONTROL AND STORMWATER MANAGEMENT.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each house thereof concurring therein):
Section 1. Amend Chapter 40, Title 7 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows and by redesignating accordingly:
§ 4001. Legislative findings and statement of policy.
(b) Statement of policy. — In consideration of these legislative findings, it is declared to be the policy of this chapter to strengthen and extend the present erosion and sediment control activities and programs of this State for both rural and urban lands and to provide for control and management of stormwater runoff consistent with sound water and land use practices. These activities will reduce to the extent possible any adverse effects of stormwater runoff on the water and lands of the State. This policy, to be carried out by establishing and implementing by the Department of Natural Resources and Environmental Control, hereinafter referred to as the “Department,” in cooperation with conservation districts, counties, municipalities and other local governments and subdivisions of this State, and other public and private entities, a statewide comprehensive and coordinated
erosion and
sediment
control
and stormwater management program to conserve and protect land, water, air and other resources of the State. This program shall be
consistent with, and
coordinated with other environmental programs implemented by the Department
such as wetlands protection and groundwater protection
.
§ 4002. Definitions.
The following words, terms, and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
(3) “Delegated agency” means the Conservation District, county, municipality, or State agency granted responsibility in a jurisdiction for implementation of the Sediment and Stormwater Management Program within that jurisdiction.
(5) “Erosion and sediment control” means the control of solid material, both mineral and organic, during a land disturbing activity, to prevent its transport out of the disturbed area by means of wind, water, gravity, or ice.
(4)
(6)
“Land disturbing activity” or “land disturbance” means any land change or construction activity
for residential, commercial, industrial, or institutional land use
which may result in soil erosion from water or
wind or
wind,
movement of sediments or pollutants into state waters or onto lands in the State, or which may result in accelerated
or increased
stormwater runoff, including
cutting of trees prior to
clearing
or grubbing
, grading, excavating, transporting, and filling of land. This paragraph does not apply to
agricultural land management practices in accordance with an approved conservation plan or
commercial forestry practices.
(6)
(8)
“Responsible personnel” means any
foreperson or superintendent
person
who
is in charge of on-site clearing and
provides daily oversight of
land disturbing activities for sediment and stormwater
control
management
associated with a construction project
and has passed a departmentally sponsored or approved training course
.
§ 4003. Duties of persons engaged in land disturbing activities.
(a)
After July 1, 1991, unless
Unless
exempted, no person shall engage in land disturbing activities without
submitting a
obtaining an approved
sediment and stormwater management plan
to the
from the Department or
appropriate
plan approval authority
delegated agency
and obtaining
a permit
approval
to proceed.
(b) Projects which do not alter stormwater runoff characteristics may be required to provide water quality enhancement even if the predevelopment runoff characteristics are unchanged. Criteria will be detailed in the regulations regarding level of water quality control and variance procedures.
(c) Each land developer shall certify, on the sediment and stormwater management plan submitted for approval, that all land clearing, construction, development, and drainage will be done according to the approved plan.
(d) All approved land disturbing activities shall have associated therein at least 1 individual who functions as responsible personnel.
§ 4004. Applicability.
(a) The provisions of this chapter shall not apply to agricultural land management practices unless the conservation district or the Department determines that the land requires a new or updated
soil and water
conservation plan, and the owner or operator of the land has refused either to apply
to a conservation district
for the development of
or to impletment
such a plan
, or to implement a plan developed by a conservation district
.
(b) The Department shall adopt standard plans for the construction of agriculture structures and it shall not be necessary for any person seeking approval to submit a sediment and stormwater management plan.
(c)
(b)
Utility projects
Projects
disturbing less than 5,000 square feet of land are not subject to the provisions of this chapter.
(d)
(c)
Subject to sediment and erosion controls, land disturbing activities of 1 acre or less, excluding nonresidential properties, are not subject to the provisions of this chapter.
Land disturbing activities that meet the criteria of a standard plan adopted by the Department will not be subject to the stormwater management provisions of this chapter, but must obtain an approved standard plan and implement appropriate sediment and erosion control practices in accordance with that plan. At minimum, standard plans will be provided for the following activities:
(1) Construction of agricultural structures for disturbance less than 5 acres.
(2) Residential construction.
(3) Minor linear utility disturbances.
(e) Land disturbing activities not subject to the land management practices set forth in subsection (a) of this section which are conducted on 10 acres or less of agricultural lands for agricultural purposes shall be subject to standard plans adopted by the Department, and it shall not be necessary for any person seeking approval to submit a detailed sediment and stormwater management plan.
(f)
(d)
Subject to water quality management and sediment and erosion controls, nonerosive conveyances of stormwater discharges from land disturbing activities which drain into tidal areas and tidal waters are not subject to the quantity management provisions of this chapter.
Non-erosive conveyances of stormwater discharges from land disturbing activities that drain into tidal areas and tidal waters are not subject to the quantity management provisions of this chapter.
(e) Projects approved prior to July 1, 1991, but which are under construction after July 1, 1991, shall be subject to the penalty provisions contained in §4015 of this title.
(g) Linear water and wastewater utility projects that have a maximum width of disturbance of 30 feet or less and with a maximum total disturbance of 1 acre or less are: (i) subject to Erosion and Sediment Control regulations adopted by the Department, and (ii) exempt from Stormwater Management regulation adopted by the Department. For the purposes of this section “erosion and sediment control” means the control of solid material, both mineral and organic, during a land disturbing activity, to prevent its transport out of the disturbed area by means of wind, water, gravity, or ice. For the purposes of this section “stormwater management” means:
(1) For water quantity control, a system of vegetative, structural, and other measurers that controls the volume and rate of stormwater runoff which may be caused by land disturbing activities upon the land; and
(2) For water quality control, a system of vegetative, structural, and other measures that controls adverse effects on water quality that may be caused by land disturbing activities upon the land.
(h) [Expired.]
§ 4005. Program funding and financial assistance [For application of this section, see 85 Del. Laws, c. 42, § 10].
(a) The Department, conservation districts, counties or municipalities are authorized to receive from federal, state, or other public or private sources financial, technical or other assistance for use in accomplishing the purposes of this chapter.
The Department may allocate, as necessary or desirable, any funds received to conservation districts, counties or municipalities for the purpose of effectuating this chapter.
(b) The
conservation districts, counties and municipalities
delegated agencies
shall have authority to adopt a fee system to help fund program implementation.
The delegated agencies shall administer
That fee
that
system
shall be implemented by the designated plan approval agency
to fund overall program management, plan review, construction review,
enforcement needs
enforcement,
and maintenance responsibilities.
In those situations where the Department becomes the designated plan approval agency, the Department may assess a plan review and inspection fee. That fee shall not exceed $975 per disturbed acre per project. There shall be no duplication of fees by the various implementing agencies for an individual land disturbing activity and the
The
fee schedule shall be based
upon
on
the costs to the
Department, conservation districts, counties or municipalities
delegated agancies
to implement and administer
the program
their respective programs
.
In addition, the Department of Transportation is authorized to act as the designated plan approval agency in those situations where a public utility engages in land-disturbing activity for which a permit is required because of a project initiated by the Department of Transportation, subject to the following provisions:
(1) If the land-disturbing activity takes place on an existing right-of-way of the Department of Transportation, that Department is permitted to assess and collect a fee for this purpose which shall not exceed $125 per acre, with a $250 minimum.
(2) If the land-disturbing activity takes place adjacent to but not upon an existing right-of-way of the Department of Transportation, the fee contemplated by paragraph (b)(1) of this section is waived.
(c) In those situations where the Department is the designated plan approval agency, the Department may assess fees to fund program implementation. The plan review fee shall not exceed $975 per disturbed acre per project. All revenue generated from related fees is to be used for Sediment and Stormwater Management Program implementation.
(d) The Department of Transportation is authorized to act as the designated plan approval agency in those situations where a public utility engages in land-disturbing activity for which a permit is required because of a project initiated by the Department of Transportation, subject to the following provisions:
(1) If the land-disturbing activity takes place on an existing right-of-way of the Department of Transportation, that Department is permitted to assess and collect a fee for this purpose which shall not exceed $125 per acre, with a $250 minimum.
(2) If the land-disturbing activity takes place adjacent to but not upon an existing right-of-way of the Department of Transportation, the fee contemplated by paragraph (b)(1) of this section is waived.
(c)
(e)
Authority is also granted to the Department, conservation districts, counties or municipalities to establish a stormwater utility as an alternative to total funding under the fee system. The stormwater utility
shall be developed for the designated watersheds and
may fund such activities as long range watershed master planning, watershed retrofitting, and facility maintenance. This fee system shall be reasonable and equitable so that each contributor of runoff to the system, including state agencies, shall pay to the extent to which runoff is contributed. Criteria for the implementation of the stormwater utility shall be established in regulations promulgated under this chapter. The implementation of a stormwater utility will necessitate the development of a local utility ordinance prior to its implementation.
§ 4006. State management program.
(a) The Department shall, in cooperation with appropriate state and federal agencies, conservation districts, other governmental subdivisions of the State, and the regulated community
develop a
implement the
state stormwater management program.
This program shall take into consideration both quantity and quality of water, and shall be integrated with, and made a part of the amended state erosion and sediment control program to create a sediment and stormwater program.
(b) In carrying out this chapter, the Department shall have the authority to:
(1) Provide technical and other assistance to
conservation
districts, counties, municipalities and state
agencies in implementing this chapter;
agencies.
(2) Develop and publish, as regulation components, minimum standards, guidelines and criteria for delegation of sediment and stormwater
management
program components, and model sediment and stormwater
management
ordinances for use by
conservation
districts, counties and
municipalities;
municipalities.
(3) Review the implementation
of all components
of the statewide sediment and stormwater
management
program
that have been
as
delegated to either the conservation districts, counties, municipalities or other state agencies in reviews to be accomplished at least once every 5
years;
years.
(4) Require that appropriate sediment and stormwater management provisions be included in all new
erosion and sediment control
sediment and stormwater management
plans developed pursuant to this
chapter;
chapter.
(5) Cooperate with appropriate agencies of the United States or other states or any interstate agency with respect to sediment control and stormwater
management;
management.
(6) Conduct studies and research regarding the causes, effects and hazards of stormwater and methods to control stormwater
runoff;
runoff.
(7) Conduct and supervise educational programs with respect to sediment control and stormwater
management;
management.
(8) Require the submission to the Department of records and periodic reports by conservation districts, tax ditch
organization,
organizations, and
county and municipal agencies as may be necessary to carry out this
chapter;
chapter.
(9) Review and approve designated watersheds for the purpose of this
chapter;
chapter.
(10) Establish a maximum life of 5 years for the validation of approved plans. The regulations shall specify variances which expand this time limitation in specific
situation; and
situation.
(11)
Establish
Maintain
a means of communication, such as a newsletter, so that information regarding program development and implementation can be distributed to interested individuals.
(c) The Department shall develop such regulations in conjunction with and with substantial concurrence of a regulatory advisory committee, appointed by the Secretary, which shall include representatives of the regulated community and others affected by this chapter. The Secretary shall appoint only 1 representative of the Department to the regulatory advisory committee and no legal representatives of any of those serving on the committee shall be entitled to be a member of the committee. The recommendations of this committee shall be presented at all public workshops and hearings related to the adoption of the regulations implementing this chapter. Prior to final promulgation of regulations under this chapter, the Secretary shall explain, in writing, any differences between the advisory committee recommendations and the final regulations. The regulations may include, but are not limited to, the following items:
(1) Criteria for the delegation of program elements;
(2) Types of activities consistent with the provisions of this chapter that require a sediment and stormwater management permit;
(3) Waivers, exemptions and variances;
(4) Sediment and stormwater plan approval fees and performance bonds;
(5) Criteria for distribution of funds collected by sediment and stormwater plan approval fees;
(6) Criteria for implementation of a stormwater runoff utility;
(7) Specific design criteria and minimum standards, and specifications, provided that any design criteria, standards and specifications adopted shall be technologically feasible and uniformly capable of being satisfied;
(8) Permit application and approval requirements;
(9) Criteria for approval of designated watersheds;
(10) Criteria regarding attendance and completion of departmental sponsored or approved training courses in sediment and stormwater control that will be required of certified construction reviewers and responsible personnel;
(11) Construction review; and
(12) Maintenance requirements for sediment control during construction and stormwater management structures after construction is completed.
(c) The Department shall develop such regulations in coordination with a regulatory advisory committee appointed by the Secretary. The Sediment and Stormwater Management Program regulatory advisory committee shall be comprised of 12 representatives as follows:
(1) One from each of the following state agencies:
a. The Department of Transportation.
b. The Office of State Planning and Coordination.
c. The Office of Management and Budget.
d. The Department of Natural Resources and Environmental Control.
(2) One from each county government.
(3) One from a municipality.
(4) One from the Delaware Association of Conservation Districts.
(5) One from the building and contracting community.
(6) One from the design community.
(7) One from a non-governmental organization.
(d) No legal representatives of any of those serving on the committee shall be entitled to be a member of the
committee.
(e) The recommendations of this committee shall be presented at all public workshops and hearings related to the
adoption of the regulations implementing this chapter. Prior to final promulgation of regulations under this chapter,
the Secretary shall explain, in writing, any differences between the advisory committee recommendations and the
final regulations.
(f) The regulations may include the following items:
(1) Criteria for the delegation of program elements.
(2) Types of activities consistent with the provisions of this chapter that require sediment and stormwater
management plan approval
.
(3) Waivers, exemptions, and variances.
(4) Sediment and stormwater management plan approval fees and performance bonds.
(5) Criteria for distribution of funds collected by sediment and stormwater management plan approval fees.
(6) Criteria for implementation of a stormwater utility and stormwater management offsets.
(7) Specific design criteria and minimum standards and specifications for construction site and post
construction stormwater management practices that are technologically feasible and uniformly capable of
being satisfied
.
(8) Plan approval procedures and requirements.
(9) Criteria for approval of designated watersheds.
(10) Criteria regarding the completion of departmental sponsored or approved training courses in sediment and
stormwater management that will be required of certified construction reviewers and responsible personnel,
including issuance, suspension, and revocation of certifications
.
(11) Construction review requirements, including review of land disturbing activities having no sediment and stormwater
management plan approval
.
(12) Maintenance requirements for construction site and post construction stormwater management practices.
(d) (1)
(g)
The Department may adopt, amend, modify or repeal rules and regulations after public hearing to effectuate the policy and purposes of this chapter. The conduct of all hearings conducted pursuant to this chapter and the promulgation process shall be in accordance with the relevant provisions of Chapter 60 of this title, and all other provisions of Delaware law.
Notwithstanding the foregoing or any other provision of Delaware law, the Department and any other approval authority shall, for purposes of approval, after June 24, 2016, review required applications for land disturbing activities using the guidelines set forth herein until such time that the Department adopts new regulations which become final pursuant to the requirements of this chapter. The guidelines to be used are as follows:
a. The Resource Protections Event Volume (RPv) is equal to a runoff volume generated by a 2.7" storm event. Treatment of a 1inch runoff from a RPv event with best management practices (BMPs) as set forth in the April 2016 Post Construction Stormwater Management BMP Standards and Specifications or functional equivalents is required. If additional measures are necessary to manage the remainder of runoff from the RPv to achieve the predevelopment runoff rate from the RPv, then additional BMPs shall be utilized to achieve the predevelopment runoff rate and shall be considered sufficient for purposes of obtaining plan approval.
b. RPV compliance for redevelopment projects as defined herein must employ the same BMPs set forth above to reduce the existing effective imperviousness by 15%.
c. Runoff rates for the 10-year and 100-year storm events must be managed in accordance with the referenced BMPs, exclusive of volume requirements.
(2) In lieu of satisfying the guidelines in paragraphs (d)(1)a. and (d)(1)b. of this section, nothing shall preclude an applicant from utilizing in whole or in part the 2016 emergency regulations and guidelines prior to the adoption of the referenced new regulations.
(3) The guidelines cited in paragraphs (d)(1)a. and (d)(1)b. of this section shall be included in the new regulations which are to be adopted.
(e) A regulation promulgated by the Department under this chapter that provides for the use of a standard plan in lieu of a detailed sediment and stormwater management plan shall provide that an agricultural structure construction project with a total land disturbance of 10 acres or less is entitled to a standard plan.
(f) Notwithstanding subsections (a) through (c) of this section, in developing a state stormwater management program the Department may not promulgate a regulation that relies on a stormwater runoff volume reduction approach.
(g)
(h)
A regulation promulgated by the Department under this chapter shall comply with the Regulatory Flexibility Act, Chapter 104 of Title 29, and shall include both a regulatory impact statement under § 10404A of Title 29 and a regulatory flexibility analysis under § 10404B of Title 29, even if such a statement or analysis would otherwise not be required by § 10404A(b)(1) or § 10404B(b)(1) of Title 29.
(h)
(i)
The provisions of Chapter 60 of this title and of Chapter 101 and Chapter 104 of Title 29 with respect to the adoption of rules and regulations shall not apply to regulatory guidance documents, interpretive rules, or general statements of policy adopted by the Department to support the regulations promulgated under this chapter. A regulatory guidance document, interpretive rule, or general statement of policy shall not:
(1) Impose any new or additional requirements beyond those set forth in this chapter and the regulations promulgated by authority of this
chapter; or
chapter.
(2) Be used by the Department as a substitute for the provisions of this chapter or the stormwater regulations for enforcement purposes.
(i)
(j)
As used in this section, a "regulatory guidance document" means any technical manual, checklist, policy memorandum, form, BMP standards and specifications, Delaware
Sediment and Erosion
Erosion and Sediment
Control Handbook or other similar document, used by the Department to facilitate compliance with the provisions of this chapter and the regulations promulgated by authority of this chapter. Any changes to
a
regulatory guidance
documents
document
, as defined in this section
, shall be adopted following public notice requirements in accordance with § 6004 of this title and
shall be filed in the Register of Regulations pursuant to § 10113 of Title 29
and published on the Department’s website and in its Sediment and Stormwater Management Program newsletter
.
§ 4007. Local sediment and stormwater programs.
(a) Pursuant to regulations promulgated by the Department, each conservation district, county, municipality or state agency may adopt, and submit to the Department for approval, 1 or more components of a sediment and stormwater
management
program for the area within its jurisdiction.
(b) Requests for delegation of program elements shall be submitted within 6 months of the promulgation of state regulations, and by January 1 of subsequent years if delegation is desired at a future date. The Secretary shall grant or deny such a request on or before April 1 of the year for which delegation is sought.
(c) Delegation, once applied for, shall become effective on July 1 and shall not exceed 5 years, at which time delegation renewal is required.
(d) A district, county, municipality or state agency may develop the program in cooperation with any other governmental subdivisions.
(e) Initial consideration regarding delegation of program elements shall be given to the conservation districts, since the conservation districts, having unique capabilities and areawide responsibilities, are in an ideal position to coordinate and implement local sediment and stormwater
management
programs.
§ 4008. Interim program.
(a) Prior to July 1, 1991, requirements for sediment control shall be as provided in existing erosion and sediment control regulations promulgated September 26, 1980. Also, until July 1, 1991, any state or locally developed regulation or criterion for stormwater management shall remain in effect at the discretion of the implementing authority.
(b) Projects approved prior to July 1, 1991, but which are under construction after July 1, 1991, shall be subject to the penalty provisions contained in § 4015 of this title.
§ 4010. State and federal projects.
After July 1, 1991, a state or federal agency may not undertake any
land clearing, soil movement, or construction
land disturbing
activity unless the agency has submitted a sediment and stormwater management plan to the Department and received its approval. The only variation to this requirement shall be when delegation of the plan approval process has been granted by the Department to a specific state or federal agency.
§ 4012. Construction review and enforcement.
(a) With respect to approved sediment and stormwater
management
plans, the agency responsible for construction review during and after construction completion shall ensure that periodic reviews are undertaken, implementation is accomplished in accordance with the approved plans, and the required measures are functioning in an effective manner. Notice of such right of construction review shall be included in the sediment and stormwater management plan certification. The agency responsible for construction review may, in addition to local enforcement options, refer a site violation to the Department for additional action.
(b) Referral of a site violation to the Department may initiate a departmental construction review of the site to verify site conditions. That construction review may result in the following actions:
(1) Notification
of failure to obtain an approved plan,
through appropriate
means
means,
to the person engaged in a land disturbing activity and the contractor
to comply with the approved plan
to submit a sediment and stormwater management plan for approval
within a specified time frame.
(2) Notification of failure to comply with the approved plan, through appropriate means, to the person engaged in a land disturbing activity and the contractor, to comply within a specified time frame.
(2)
(3)
Notification of plan inadequacy,
through appropriate means, to the person engaged in a land disturbing activity and the contractor
with a time frame for the person engaged in a land disturbing activity to submit a revised sediment and stormwater
management
plan to the
appropriate plan approval
Department or delegated
agency and to receive its approval with respect thereto.
(c) Failure of the person
or the contractor
engaged in the land disturbing activity
or the contractor
to
obtain a sediment and stormwater plan approval or
comply with departmental requirements may result in the following actions in addition to other penalties as provided in this chapter.
(1) The Department
and delegated agencies
shall have the power to issue a cease and desist order to any person violating any provision of this chapter by ordering such person to cease and desist from any site work activity other than those actions necessary to achieve compliance with any administrative order.
(2) The Department
or delegated agencies
may request that the appropriate
plan
permit
approval agency refrain from issuing any further building or grading permits to the person having outstanding violations until those violations have been remedied.
§ 4013. Approval of certified construction reviewers.
(a) Based on criteria established by the Department through regulation and any additional criteria established by the agency implementing the
plan review and construction elements of the
sediment and stormwater
management
program, the person engaged in a land duisturbing activity may be required to provide for construction review by a certified construction reviewer.
(b) Individuals functioning as certified construction reviewers must
attend and
pass a departmental sponsored or approved construction review training course. The Department will establish, through regulation, the length of time for which the certification will last and procedure for renewal. The construction reviewers shall also function under the direction of a registered professional engineer licensed to practice engineering in the State.
(c) The responsibility of the certified construction reviewer will be to ensure the adequacy of construction pursuant to the approved sediment and stormwater management plan.
(d) The certified construction reviewer shall be responsible for the following items:
(1) Provision of a construction review of active construction sites on at least a weekly basis, as determined on a case-by-case basis by the
plan review and construction review agencies
Department or the appropriate delegated agency
, or as required by regulations promulgated pursuant to this
chapter;
chapter.
(2) Within 5 calendar days, informing
the person engaged in the land disturbing activity,
the owner,
and the contractor,
and the Department or delegated agency,
by a written construction review report of any
violations of the approved plan
inconsistencies with
or inadequacies of the plan.
The plan approval agency shall be informed, if the approved plan is inadequate, within 5 working days. In addition, the appropriate construction review agency shall receive copies of all construction review reports; and
(3)
Referral of the project
Notification
to the Department
or delegated agency
for appropriate enforcement action if the person engaged in the land disturbing activity fails to address the items contained in the written construction review report. Verbal notice shall be made to the Department
or delegated agency
within 2
working
calendar
days and written notice shall be provided to the Department
or delegated agency
within 5
working
calendar
days.
(e) If the Secretary or the Secretary’s designee determines that a certified construction reviewer is not providing adequate
site control
construction review
or is not
referring problem situations to
notifying
the Department
or delegated agency of inconsistencies or inadequacies of the plan
, the Secretary or the Secretary’s designee may suspend or revoke the certification of the construction reviewer.
(f) In any situation where a certified construction reviewer’s
approval
certification
is being suspended or revoked, an opportunity for hearing before the Secretary or the Secretary’s designee shall be provided. During any suspension or revocation, the certified construction reviewer shall not be allowed to provide construction reviews pursuant to this chapter.
(g) The failure to assign a departmental approved certified construction reviewer to a land disturbing activity, when required by the approved plan, will place that project in violation of this chapter and result in appropriate administrative and/or enforcement action.
§ 4014. Training of responsible personnel.
After July 1, 1991, any
Any
applicant seeking sediment and stormwater plan approval shall certify to the
appropriate approval
Department or delegated
agency that all responsible personnel involved in the construction project will have
a certificate of attendance at
have a valid certification obtained by passing
a departmentally sponsored or approved training course for the
control
management
of sediment and stormwater before initiation of any land disturbing activity. The
certificate of attendance
certification
shall be valid until the Department notifies the individual or
announces in local newspapers
that recertification is required due
to a change in course content
.
§ 4015. Penalties.
(a) Any person who violates any rule, regulation, order, condition imposed in an approved plan or other provision of this chapter shall be fined not less than
$200
$250
or more than $2,000 for each offense. Each day that the violation continues shall constitute a separate offense.
The Justice of the Peace Courts
Any court of competent jurisdiction
shall have jurisdiction of offenses brought under this subsection.
(b) Any person who intentionally, knowingly, and after written notice to comply, violates or refuses to comply with any notice issued pursuant to § 4012 of this title shall be fined not less than
$500
$5000
or more than
$10,000
$40,000
for each offense. Each day the violation continues shall constitute a separate offense. The Superior Court shall have jurisdiction of offenses brought under this subsection.
Section 2. Chapter 40, Title 7 of the Delaware Code shall be renamed “Sediment and Stormwater Management.”
SYNOPSIS
This Act amends Chapter 40 of Title 7 of the Delaware Code to revise and clarify provisions relating to sediment and stormwater management. The Act updates the chapter title to reflect the full scope and purpose of the law; removes outdated and redundant language and standardizes terminology for consistency with current program practices and applicable regulations; adds and revises definitions to improve clarity and alignment with existing regulations; removes certain provisions related to designated watersheds and special management areas that are no longer necessary due to updated regulatory requirements and local code provisions; reorganizes and consolidates multiple sections to improve readability and administrative clarity, including provisions related standard plans; removes outdated provisions related to interim program requirements and program establishment; revises provisions related to the Regulatory Advisory Committee by specifying representation to ensure a balanced and manageable body; updates requirements related to plan approval, certification, construction review, and maintenance reviews; revises the public notification process for regulatory guidance documents and removes reference to inapplicable statutory reference and expanding notification methods; removes overly detailed provisions that are addressed in regulation; clarifies enforcement authorities, including the types of violations that may trigger Department action, and increases penalty amounts to align with those set forth in Chapter 60 of Title 7.
This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
Author: Senator Hoffner