§ 1071. Findings; policy; purpose.
§ 1071. Findings; policy; purpose. The State Forester shall provide for the protection of the waters of the State from pollution by sediment deposits resulting from silvicultural activities as provided in § 1078 of this title. Through the adoption of this subchapter, the State recognizes that water quality protection techniques for silvicultural practices are an […]
§ 1072. Definitions.
§ 1072. Definitions. The following words, terms and phrases, as used in this subchapter, shall have the following meanings ascribed to them except where the context clearly indicates a different meaning: (1) “Owner” shall mean any person that (a) owns or leases land on which silvicultural activity occurs or (b) owns timber on land which […]
§ 1073. Conduct of silvicultural activities.
§ 1073. Conduct of silvicultural activities. If the State Forester or the State Forester’s designee determines that an owner or operator is conducting or allowing the conduct of any silvicultural activity in a manner that is causing or is likely to cause pollution, the State Forester or the State Forester’s designee may advise the owner […]
§ 1074. Cease and desist orders.
§ 1074. Cease and desist orders. The State Forester shall have the power to issue a cease and desist order to any person violating any provision of this subchapter or rules or regulations promulgated thereunder. Any such cease and desist order shall remain in effect until withdrawal of said order by the State Forester or […]
§ 1075. Injunctive relief.
§ 1075. Injunctive relief. Whenever it appears that any person has engaged or is about to engage in any act or practice constituting a violation of any provision of this subchapter or rules or regulations adopted pursuant to it, the State Forester may bring an action in the Court of Chancery to restrain or to […]
§ 1076. Appeals.
§ 1076. Appeals. (a) Any person whose interest is substantially affected by an action of the State Forester or the State Forester’s designee may request a hearing to demonstrate compliance with this subchapter or any regulations promulgated thereunder. (b) Such hearing shall be scheduled within 15 days of the request and shall be held by […]
§ 1077. Penalties.
§ 1077. Penalties. (a) Any person who violates any provision of this subchapter or associated rules and regulations shall, upon conviction, be subject to a fine not exceeding $1,000 or imprisonment not exceeding 1 months, or both. (b) Any person found guilty of a second or subsequent violation of any provision of this subchapter is […]
§ 1078. Hearings, notices.
§ 1078. Hearings, notices. Any hearing required under this subchapter shall follow the Administrative Procedures Act, Chapter 101 of Title 29. 72 Del. Laws, c. 235, § 2;
§ 1054. Natural regeneration; notice required upon transfer.
§ 1054. Natural regeneration; notice required upon transfer. (a) Operators and landowners shall leave uncut and uninjured at least 6 seed-bearing pine or yellow-poplar trees 14 inches in diameter or larger on each acre involved in a cutting operation. If an acre lacks 1 or more of the required seed trees, then 2 seed-bearing pines […]
§ 1079. Civil penalties.
§ 1079. Civil penalties. Any owner or operator who violates or fails or refuses to obey any special order, rule or regulation may be assessed a civil penalty by the State Forester. Such penalty shall not be less than $200 or more than $1,000 for each violation. Each day of a continuing violation may be […]