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Secretary does not use his authority to acquire the fee simple or any lesser

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interests in the wetlands within five (5) years from the date of a final

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Court ruling, the permit must be granted as applied for.

$6614. Cease and desist orders.

The Secretary shall have the power to issue an order to any person violating any rule, regulation or order or permit condition or provision

of this Chapter to cease and desist from such violation. Provided, that

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any cease and desist order issued pursuant to this Section shall expire

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(1) after thirty (30) days of its issuance, or (2) upon withdrawal of said
order by the Secretary, or (3) when the order is suspended by an injunction,

whichever occurs first.

$6615. Right of entry.

The Secretary or his duly authorized designee, in regulating any activity over which he has jurisdiction pursuant to this Chapter, may enter, at reasonable times, upon any private or public property for the purpose of determining whether a violation exists of a statute or regulation enforceable by him, upon giving verbal notice, and after presenting official identification to the owner, occupant, custodian or agent of

said property.

Any person who violates any rule, regulation, order, permit condition

or provision of this Chapter shall be fined not less than $500 or more than

$5000 for each offense. Continuance of an activity prohibited by this

24 Chapter during any part of a day shall constitute a separate offense. Any

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person found guilty of violating any cease and desist order of the Secretary
shall be fined for each offense, starting from the date of receipt of the order.
$6617.
Inconsistent Laws Superceded; All Other Laws Unimpaired.

All laws or ordinances inconsistent with any provision of this Chapter

are hereby superceded to the extent of the inconsistency. Provided, that

30 present and future zoning powers of all counties and municipalities, to the

extent that said powers are not inconsistent with this Chapter, shall not

hereby be impaired; and provided that a permit granted under this Chapter

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shall not authorize a use in contravention of county or municipal zoning

regulations.

Page 8 of 9

872

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This Chapter, being necessary for the welfare of the State and ita inhabitants, shall be liberally construed in order to preserve the wetlands

of the State.

$6619. Federal aid; other funds.

The Department may cooperate with and receive monies from the Federal Government, State or local government or any industry or other source. Such monies received are appropriated and made available for the study and preservation of the wetlands.

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If any provision of this Chapter or the application of any provision of this Chapter to any person or circumstance, is held invalid, the application

of such provision to other persons or circumstances and the remainder of

this Chapter shall not be affected thereby.

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(a) A sum of one hundred thousand dollars ($100,000) is hereby appropriated to the Department to perform the requirements of $6604 (c), which include surveying for disputed wetland boundaries, staff processing and clerical help.

(b) A sum of two thousand dollars ($2,000) is hereby appropriated to the Department to pay the expenses of the Board members.

(c) A sum of thirty-five thousand dollars ($35,000) is hereby

appropriated to the Department to carry out the provisions of this Chapter."

Page 9 of 9

873

AN ACT TO AMEND TITLE 7, DELAWARE CODE, TO ESTABLISH A SYSTEM OF PERMITS
FOR ANY ACTIVITY POTENTIALLY RESULTING IN ENVIRONMENTAL DEGRADATION, TO
AUTHORIZE THE SECRETARY OF THE DEPARTMENT OF NATURAL RESOURCES AND
ENVIRONMENTAL CONTROL TO GRANT OR DENY A PERMIT FOR ANY SUCH ACTIVITY,
TO CLARIFY AND STRENGTHEN THE ENFORCEMENT POWERS OF THE DIVISION OF
ENVIRONMENTAL CONTROL, TO INCREASE THE PENALTIES FOR VIOLATION OF DULY
ADOPTED ENVIRONMENTAL LAW, TO AUTHORIZE THE SECRETARY OF THE DEPARTMENT
OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL TO OBTAIN INJUNCTIVE RELIEF,
AND TO GRANT LICENSING POWER.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Title 7, Delaware Code is amended by renumbering Chapter

64 as Chapter 61, and striking Chapters 60, 61, 62, and 63 thereof, and,
inserting in lieu thereof a new Chapter 60 to read as follows:

"CHAPTER 60. DIVISION OF ENVIRONMENTAL CONTROL

SUBCHAPTER I. GENERAL PROVISIONS

86001. Findings, policy and purpose.

(a) Findings. The General Assembly hereby makes the following
findings concerning the development, utilization, and control of the land,
water, underwater and air resources of the State:

(1) The development, utilization, and control of the land,
water, underwater and air resources of the State are vital
to the people in order to assure adequate supplies for
domestic, industrial, power, agricultural, recreational
and other beneficial uses.

(2) The development and utilization of the land, water,
undervater and air resources must be regulated to ensure
that the land, water, underwater and air resources of the

State are employed for beneficial uses and not wasted.
(3) The regulation of the development and utilization
of the land, water, underwater and air resources of the
State is essential to protect beneficial uses and to
assure adequate resources for the future.

(4) The land, water, underwater and air resources of the
State must be protected and conserved to assure continued
availability for public recreational purposes and for the
conservation of wildlife and aquatic life.

(5) The land, water, underwater and air resources of the
State must be protected from pollution in the interest of
the health and safety of the public.

(6) The land, water, underwater and air resources of the
State can best be utilized, conserved, and protected if
utilization thereof is restricted to beneficial uses and
controlled by a State agency responsible for proper develop-
ment and utilization of the land, water, underwater and air
resources of the State.

876