§ 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 […]
§ 8221. Civil enforcement
§ 8221. Civil enforcement (a) The Secretary, or the Natural Resources Board with respect to matters relating to land use permits under chapter 151 of this title only, may bring an action in the Civil Division of the Superior Court to enforce the provisions of law specified in subsection 8003(a) of this title, to ensure […]
§ 8501. Purpose
§ 8501. Purpose It is the purpose of this chapter to: (1) consolidate existing appeal routes for municipal zoning and subdivision decisions and acts or decisions of the Secretary of Natural Resources, district environmental coordinators, and District Commissions, excluding enforcement actions brought pursuant to chapters 201 and 211 of this title and the adoption of […]
§ 8008a. Landfill closure extension orders
§ 8008a. Landfill closure extension orders (a)(1) The Secretary may issue a landfill closure extension order when the Secretary finds that the landfill meets the criteria of section 6605e of this title. That order shall be served upon the landfill owner and operator in person or by certified mail, return receipt requested. A copy of […]
§ 8009. Emergency administrative orders; request for hearing
§ 8009. Emergency administrative orders; request for hearing (a) Grounds for issuance. The Secretary, or the Board with respect to matters relating to land use permits under chapter 151 of this title only, may issue an order under section 8008 of this title as an emergency administrative order when: (1) a violation presents an immediate […]
§ 8010. Administrative penalties
§ 8010. Administrative penalties (a) An administrative penalty may be included in an administrative order issued under section 8008 of this title or in an emergency administrative order issued under subdivision 8009(a)(1) or (3) of this title. An order assessing administrative penalties shall be accompanied by an affidavit setting forth the facts establishing the date […]
§ 8011. Permit stays
§ 8011. Permit stays (a) An administrative order may stay the effective date or processing of a permit: (1) when any activity has been commenced illegally without a permit. The order may stay the effective date of the permit for a period of time up to the number of days that the activity was commenced […]
§ 8012. Request for hearing
§ 8012. Request for hearing (a) A respondent or the Attorney General may request a hearing on an order issued by the Secretary. Notice of a request for hearing shall be filed with the Environmental Division and the Secretary. Upon receipt of the notice, the Secretary shall forward a copy of the order to the […]