§ 8014. Enforcement of final orders; collection actions
§ 8014. Enforcement of final orders; collection actions (a) The Secretary may seek enforcement of a final administrative order, final orders pursuant to an assurance of discontinuance, or civil citations pursuant to section 8019 of this title, or a landfill extension order in the Civil, Criminal, or Environmental Division of the Superior Court. (b) If […]
§ 8015. Statute of limitations
§ 8015. Statute of limitations Notwithstanding any other provision of law, actions brought under this chapter or chapter 211 of this title shall be commenced within the later of: (1) six years from the date the violation is or reasonably should have been discovered; or (2) six years from the date a continuing violation ceases. […]
§ 8016. Rulemaking
§ 8016. Rulemaking The Secretary, in consultation with the Natural Resources Board, shall adopt rules defining classes of violations and an appropriate range of administrative penalties to be assessed for each class of violation. The classes of violation and range of penalties shall take into account the degree of potential impact on public health, safety, […]
§ 8017. Annual report
§ 8017. Annual report The Secretary and the Attorney General shall report annually to the President Pro Tempore of the Senate, the Speaker of the House, the House Committee on Natural Resources, Fish, and Wildlife, and the Senate Committee on Natural Resources and Energy. The report shall be filed on or before February 15 on […]
§ 8018. Requests for hearings on landfill closure extension orders
§ 8018. Requests for hearings on landfill closure extension orders (a) The applicant or the Attorney General may request a hearing on the decision of the Secretary under sections 6605e and 8008a of this title. Additionally, a municipality in which the landfill is located or an interested person may request such a hearing if a […]
§ 8019. Civil citations
§ 8019. Civil citations (a) The Secretary and the Board each shall have the authority to adopt rules for the issuance of civil citations for violations of their respective enabling statutes or rules adopted under those statutes that are enforceable in the Environmental Division. Any proposed rule under this section shall include the full, minimum, […]
§ 8020. Public participation in enforcement
§ 8020. Public participation in enforcement (a) Aggrieved person. As used in this section, an “aggrieved person” means a person who alleges an injury to a particularized interest protected by a statute listed under subsection 8003(a) of this section, and the alleged injury is attributable to a violation addressed by an assurance of discontinuance, administrative […]
§ 8021. Cost recovery
§ 8021. Cost recovery (a) In addition to any existing authority, the Secretary, in issuing an administrative order, emergency order, or assurance of discontinuance under this chapter, may recover monies expended from a special fund for a cleanup related to an environmental violation, provided that such recovered monies not exceed $20,000.00. (b) When monies are […]
§ 8007. Assurances of discontinuance
§ 8007. Assurances of discontinuance (a) As an alternative to administrative or judicial proceedings, the Secretary, or the Natural Resources Board, may accept from a respondent an assurance of discontinuance of a violation. An assurance of discontinuance shall include: (1) a statement of the facts that provide the basis for claiming the violation exists and […]
§ 8008. Administrative orders
§ 8008. Administrative orders (a) The Secretary may issue an administrative order when the Secretary determines that a violation exists. When the Board determines that a violation of chapter 151 of this title exists, the Board may issue an administrative order with respect to the violation. An administrative order shall be served as provided for […]