Delaware Code Title 7. Conservation § 7405B. Enforcement

(a) When the Secretary determines that any person is in violation of any requirement, rule, or regulation under this chapter, the Secretary shall give notice to the violator of said violator's failure to comply with such requirement.  If such violation extends beyond the thirtieth day after the Secretary's notification, the Department may issue an order requiring compliance within a specified time period or assess a civil penalty.  Any civil penalty assessed under this subsection shall not be less than $ 1,000 and not more than $ 10,000 for each day of violation.

(b) If a violator fails to take action to correct the violation within the time specified in the order, the violator shall be liable for a civil penalty of not more than $ 10,000 for each day of continued noncompliance.

(c) Orders issued under this section shall state with reasonable specificity the nature of the violation, specify a time for compliance, and assess a penalty as determined by the Secretary based on the seriousness of the violation and any good faith efforts to comply with the applicable requirements.

(d) Orders shall become final unless, no later than 20 days after the order is served, any person whose interest is substantially affected by the order appeals to the Environmental Appeals Board in accordance with § 6008 of this title.

(e) Any expenses or civil penalties collected by the Department under this action shall be credited to the fund established under § 7403B of this title.