Delaware Code Title 7. Conservation § 7714. Violations and penalties

(b)(1) In the Secretary’s discretion, the Secretary may impose an administrative penalty of up to $10,000 per day of violation whenever the Secretary determines that any person has failed to submit a complete risk management plan as required by § 7708 of this title or does not have a substantially complete risk management program in place as required by § 7709 of this title or does not comply with any provision of this chapter or rule or regulation duly promulgated thereunder.  The Secretary may order those operations that present a real and imminent hazard to cease, after notification to the responsible person(s).

(2) Prior to assessment of an administrative penalty, written notice of the Secretary's proposal to impose such a penalty shall be given to the responsible person(s), and the responsible person(s) shall have 30 days from receipt of the notice to request a public hearing.  Any public hearing, right of appeal and judicial appeal shall be conducted pursuant to § 7716 of this title.  The amount of the administrative penalty shall be determined based on the nature, circumstances, extent and gravity of the violation or violations, and such other matters as justice may require.

(3) In the event of nonpayment of the administrative penalty after all legal appeals have been exhausted, a civil action may be brought by the Secretary in a court of competent jurisdiction for the collection of the administrative penalty, including interest, attorney's fees and costs.  The validity and appropriateness of such administrative penalty shall not be subject to review.