Subchapter I. Natural Resources and Environmental Control
TITLE 29
State Government
Departments of Government
CHAPTER 80. DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL
Subchapter I. Natural Resources and Environmental Control
§ 8001. Establishment of Department of Natural Resources and Environmental Control.
A Department of Natural Resources and Environmental Control is established and shall have, in addition to the other powers, duties and functions vested in the Department by this chapter, the power to perform and shall be responsible for the performance of all the powers, duties and functions heretofore vested in the Highway Department pursuant to Chapter 45 of Title 7.
29 Del. C. 1953, § 8001; 57 Del. Laws, c. 302, § 1; 57 Del. Laws, c. 739, § 221A.;
§ 8002. Secretary; division directors; Acting Secretary; appointment.
(a) The administrator and head of the Department shall be the Secretary of the Department of Natural Resources and Environmental Control, who shall be a person qualified by training and experience to perform the duties of the office. The Secretary shall be appointed by the Governor, with the advice and consent of the Senate and shall serve at the pleasure of the Governor. The Secretary shall be paid an annual salary not in excess of $34,000. The Secretary of the Department of Natural Resources and Environmental Control shall become a bona fide resident of the State within 6 months after his or her appointment; provided, however, that upon good cause shown, the Governor may grant an additional extension of 6 months. After becoming a resident of the State, the Secretary shall continuously be a resident of the State as long as he or she retains the office. Failure to obtain or retain such residency shall be an automatic resignation from said office.
(b) In the event the position of Secretary is vacant, the Governor, by appointment, shall have the power to fill the position or positions of division director as are vacant. Directors so appointed shall serve at the pleasure of the Governor, and, upon the position of Secretary being filled, such directors may be removed by the Secretary with the written approval of the Governor.
(c) In the event of death, resignation, temporary incapacity or removal of the Secretary and prior to the appointment of a successor, the Governor may appoint the Deputy Secretary of the Department to serve as Acting Secretary. The Secretary or the Acting Secretary may, during an absence from the State, appoint the Deputy Secretary or a Division Director of the Department to serve as Acting Secretary during such absence. In either case, the Acting Secretary shall have all the powers and shall perform all the duties and functions of the Secretary during the absence or incapacity or until a successor is duly qualified and appointed.
29 Del. C. 1953, § 8002; 57 Del. Laws, c. 302, § 1; 69 Del. Laws, c. 291, § 225; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 140, § 2; 72 Del. Laws, c. 395, § 275.;
§ 8003. Powers, duties and functions of the Secretary.
The Secretary may:
(1) Supervise, direct and account for the administration and operation of the Department, its divisions, subdivisions, offices, including an Office of Natural Resources and an Office of Environmental Protection, functions, and employees. The Office of Natural Resources may include the Divisions of Fish and Wildlife, Parks and Recreation, and Watershed Stewardship. The Office of Environmental Protection may include the Divisions of Air Quality, Waste Management, and Water.
(2) Appoint and fix the salary, with the written approval of the Governor, of the following personnel, who may be removed from office by the Secretary, with the written approval of the Governor, and who shall have such powers, duties and functions in the administration and operation of the Department as may be assigned by the Secretary:
a. A Deputy Secretary position in the Department who shall be known as the Deputy Secretary and who shall be qualified by training and experience to perform the duties of the office;
b. A Director of the Division of Fish and Wildlife, who shall be known as the Director of Fish and Wildlife and who shall be qualified by training and experience to perform the duties of the office;
c. A Director of the Division of Parks and Recreation, who shall be known as the Director of Parks and Recreation and who shall be qualified by training and experience to perform the duties of the office;
d. A Director of the Division of Watershed Stewardship, who shall be known as the Director of Watershed Stewardship and who shall be qualified by training and experience to perform the duties of the office;
e. A Director of the Division of Air Quality, who shall be known as the Director of Air Quality and who shall be qualified by training and experience to perform the duties of the office; and
f. A Director of the Division of Water, who shall be known as the Director of Water and who shall be qualified by training and experience to perform the duties of the office;
g. A Director of the Division of Waste Management who shall be known as the Director of Waste Management and who shall be qualified by training and experience to perform the duties of the office;
h. A Director of the Division of Boiler Safety, who shall be known as the Director of Boiler Safety and who shall have at the time of such appointment a valid commission as an inspector of boilers and pressure vessels with "B" and "N" endorsements by the National Board of Boiler and Pressure Vessel Inspectors. In addition, this person must have not fewer than 5 years of experience in the construction, installation, inspection, operation, maintenance or repair of high pressure boilers and pressure vessels as a mechanical engineer, steam operating engineer or boiler inspector.
(3) Appoint such additional personnel as may be necessary for the administration and operation of the Department. Those positions in the classified service shall be hired through the Office of Personnel. Those positions not in the classified service shall not be hired through the Office of Personnel and shall not receive an appointment exceeding 180 days in any calendar year. No pro rata share of employee administration costs shall be paid to the Office of Personnel;
(4) Establish, consolidate, abolish or transfer or combine the powers, duties and functions of the divisions, subdivisions and offices within the Department as the Secretary, with the written approval of the Governor, may deem necessary, provided that all powers, duties and functions required by law shall be provided for and maintained;
(5) Make and enter into any and all contracts, agreements or stipulations, and retain, employ and contract for the services of private and public consultants, research and technical personnel and to procure by contract, consulting, research, technical and other services and facilities, whenever the same shall be deemed by the Secretary necessary or desirable in the performance of the functions of the Department and whenever funds shall be available for such purposes. All necessary legal services shall be provided pursuant to Chapter 25 of this title;
(6) Delegate any of the Secretary's powers, duties or functions to a director of a division except the Secretary's power to remove employees of the Department or to fix their compensation;
(7) Establish and promulgate such rules and regulations governing the administration and operation of the Department as may be deemed necessary by the Secretary and which are not inconsistent with the laws of this State;
(8) Maintain such facilities throughout the State as may be required for the effective and efficient operation of the Department;
(9) Adopt an official seal or seals for the Department;
(10) To require, prior to any exploration or exploitation of offshore minerals, or any pumping or transfer operation of offshore minerals from a ship to another ship, or from a ship to land, or vice versa, that a bond in the amount of at least $1,000,000 be posted to secure to the State any damages and claims arising from the operations;
(11) The Secretary is empowered to administer and distribute funds in the form of grants to qualified agencies for the construction of treatment works from such funds as may be appropriated from time to time for this purpose.
a. Definitions:
1. "Council" shall mean the Clean Water Advisory Council.
2. "Department" shall mean the Department of Natural Resources and Environmental Control.
3. "Inflow and infiltration" shall mean any rainwater, melted snow, ground water or stream water entering a sanitary sewer system designed to transport sewage and industrial wastes only.
4. "Qualified agency" shall mean any legally incorporated town or city, Levy Courts or other governments of the counties, state agencies, sewer districts authorized by law and organized to provide publicly owned and operated treatment works.
5. "Secretary" shall mean the Secretary of the Department of Natural Resources and Environmental Control or the Secretary's duly authorized representative.
6. "Treatment works" shall mean any device and system used in the storage, treatment, recycling and reclamation of municipal sewage, or industrial wastes of a liquid nature, or necessary to recycle or reuse water at the most economical cost over the estimated life of the works, including intercepting sewers, outfall sewers, sewage collection systems, pumping, power and other equipment, and their appurtenances; extensions, improvements, remodeling, additions and alterations thereof; elements essential to provide a reliable recycled supply such as standby treatment units and clear well facilities and improvements to exclude or minimize inflow and infiltration.
b. Treatment works projects:
1. The Secretary shall promulgate procedures for the administration and distribution of grants.
2. The State's share of any treatment works shall be a minimum of 25% of the eligible costs as determined by the Environmental Protection Agency pursuant to 33 U.S.C. § 1251 et seq., only if:
(i) The treatment works, having received federal approval, has awarded contracts for start of construction after January 1, 1970;
(ii) The treatment works has received a grant offer from the Environmental Protection Agency prior to October 18, 1972; or
(iii) The treatment works has received a grant offer from the Environmental Protection Agency after September 30, 1984, and the treatment works project has not been segmented or phased prior to October 1, 1984, entitling it to a 75% federal grant.
3. The state's share of any treatment works which has received a grant offer from the federal government pursuant to § 202 of PL 92-500 [33 U.S.C. § 1282] shall be a minimum of 10% of the treatment works cost. The acquisition of real property shall not be included in the project cost.
4. The state's share of any treatment works may be reduced by the Secretary if the cumulative share of state and federal grants exceed 85% of the total treatment works costs.
5. The Secretary may, with the consent of the Governor, make emergency grants and/or loans to any treatment works if the qualified agency demonstrates, to the satisfaction of the Secretary, the need for such funds. No project shall receive more than 331/3 percent of the total project cost as state grants except as provided in paragraph c.2.(ii) of this subdivision.
6. No treatment works project shall receive a state grant unless it is certified by the Secretary to receive priority for funding based on the priority list.
c. Inflow and infiltration control:
1. The Secretary shall promulgate procedures for making grants to qualified agencies for the purpose of reducing infiltration and inflow into existing sewer systems.
2. No inflow and infiltration reduction project shall receive more than:
(i) 10% of the costs of such a project if the project also receives a federal grant;
(ii) 50% of the costs of such a project if the project is required by the Department to improve the performance of the sewerage system and federal funds are not available;
(iii) The cost of legal, engineering and administrative services, and the cost of television inspection shall be included in the cost of the inflow and infiltration reduction project.
d. Priority list:
1. The Secretary shall, at least annually, submit to the Council a list of treatment works projects and inflow-infiltration reduction projects. The list shall be comprised of applications submitted by qualified agencies pursuant to procedures promulgated by the Secretary and arranged in an order of priority.
2. The Council shall hold a public hearing on the list submitted by the Secretary. The Council shall review the testimony received and comment upon, approve or rearrange the priority list. While rearranging the priority list, the Council shall give due recognition to regulations promulgated by the Department and the United States Environmental Protection Agency. The Secretary shall make grants utilizing the priority list and all applicable procedures and regulations.
3. The Secretary's list shall become the approved list if the Council fails to hold a hearing, comment upon, approve or rearrange the list within 30 days of submission to the Council.
e. Appropriations and disbursements:
The Secretary may allocate up to 15% of the total funds appropriated by the General Assembly for state grants to fund projects specified in paragraph c. of this subdivision.
f. Advancements:
1. The Secretary may allocate up to 5% of the total funds appropriated by the General Assembly for state grants to a revolving advancement fund.
2. The Secretary may adopt procedures for providing advancement to qualified agencies for the purpose of initiating the necessary planning studies required under the Federal Water Pollution Control Act Amendments of 1972 (33 U.S.C. § 1314 et seq.) and the federal grant regulations promulgated thereunder, or for state funded projects. A qualified agency may receive an advancement when it is demonstrated by such agency to the satisfaction of the Secretary that the referenced planning activities place an undue financial burden on the agency.
3. When a qualified agency receives federal and/or state grants for a project for which an advancement is made, and construction of the project commences, the amount of the advancement shall be subtracted from the state grant payment. In no event shall an advancement under this paragraph entitle a qualified agency to a greater amount of state grant moneys than specified in this subdivision.
4. In the event a qualified agency fails to proceed with the construction of project after the completion of necessary planning studies, the Secretary may seek recovery of moneys advanced to the qualified agency. If the qualified agency refuses to return advancement moneys after written request by the Secretary, the Secretary may seek the recovery of such advancement money in a civil lawsuit in the Superior Court.
(12) The Secretary is empowered to administer a state revolving loan program in accordance with the requirements set forth in Title VI of the Federal Water Pollution Control Act.
a. Definitions:
1. "Delaware Water Pollution Control Revolving Fund" shall mean the special fund created pursuant to this subsection.
2. "Department" shall mean the Department of Natural Resources and Environmental Control.
3. "Federal Water Pollution Control Act" shall mean the Federal Water Pollution Control Act, 33 U.S.C. § 1251 et seq. and regulations promulgated thereunder.
4. "Person" shall mean any individual, trust, firm, joint stock company, federal agency, corporation (including a government corporation), partnership, state, municipality, commission, political subdivision of a state or any interstate body.
5. "Secretary" shall mean the Secretary of the Department of Natural Resources and Environmental Control.
b. Delaware Water Pollution Control Revolving Fund:
There is hereby established a "Delaware Water Pollution Control Revolving Fund" as contemplated by and to be administered pursuant to Title VI of the Federal Water Pollution Control Act. All federal capitalization grants received pursuant to the Federal Water Pollution Control Act, any state reallocations of federal construction grants funds pursuant to the Federal Water Pollution Control Act, all required matching state funds and all loan repayments received by the State pursuant to any loan agreement made under the Delaware Water Pollution Control Revolving Fund, shall be credited to the Delaware Water Pollution Control Revolving Fund. In addition, all proceeds of obligations issued by the State and supported by a pledge or other interest in the funds in the Delaware Water Pollution Control Revolving Fund, shall be held in or for such Fund. The Delaware Water Pollution Control Revolving Fund shall be deemed to be a special fund and shall be approved by the Governor for the following purposes:
1. To accept and retain the funds and revenues specified herein;
2. To make loans to eligible persons for qualifying purposes under the Federal Water Pollution Control Act;
3. To buy or refinance debt obligations of eligible persons for qualifying purposes under the Federal Water Pollution Control Act;
4. To guarantee or purchase insurance for obligations of eligible persons for qualifying purposes under the Federal Water Pollution Control Act;
5. To make loans to eligible persons to implement a nonpoint source pollution control management program under the Federal Water Pollution Control Act;
6. To make loans to eligible persons to implement an estuary conservation and management program under the Federal Water Pollution Control Act;
7. To be a source of revenue or security for the payment of principal and interest on revenue bonds of the State if the proceeds of the sale of such bonds will be deposited in the Delaware Water Pollution Control Revolving Fund;
8. To earn interest on amounts on deposit in such Fund;
9. To finance the reasonable costs incurred by the State in the administration of the Delaware Water Pollution Control Revolving Fund as permitted under the Federal Water Pollution Control Act;
10. To accomplish any other allowable purpose under the Federal Water Pollution Control Act.
The Department is designated as the administering agency of the Delaware Water Pollution Control Revolving Fund and shall have such powers necessary to administer such Fund including, but not limited to, the power to enter into capitalization grant agreements with the Environmental Protection Agency, the power to accept capitalization grant awards made under the Federal Water Pollution Control Act and the power to manage and make loans from the Fund in accordance with the requirements of the Federal Water Protection Control Act. The Department shall take all actions necessary to secure for the State the benefits of Title VI of the Federal Water Pollution Control Act.
c. Standards and procedures:
Before making any loan from the Delaware Water Pollution Control Revolving Fund, the Department shall specify:
1. Standards for the eligibility of borrowers and the type of projects to be financed with loans;
2. Procedures for the preparation, review and approval of the "project priority" list which must contain those projects for which financial assistance is sought;
3. Procedures for submitting applications for financial assistance and procedures for Department approval of such applications;
4. Procedures for completing an environmental review of projects pursuant to paragraph (12)d. of this section;
5. Conditions for financial assistance; and
6. Other relevant criteria, standards or procedures.
Standards and procedures specified under this paragraph shall provide for a final approval by the Clean Water Advisory Council of any loan from the Delaware Water Pollution Control Revolving Fund and the "project priority" list.
The Secretary shall conduct an environmental review of projects otherwise qualifying under this subsection which shall be sufficiently consistent with the provisions for environmental review established under 40 CFR, Part 6, and the Secretary's environmental review standards and procedures established in Title 7.
(13) Establish, supervise, direct and account for the operations and functions of the personnel responsible for the enforcement of the laws, regulations, rules, permits, licenses, orders and program requirements of the Department of Natural Resources and Environmental Control. In exercising the powers, duties and functions under this subdivision, the Secretary may:
a. Employ enforcement personnel who shall be officially known as law-enforcement officers of the Department of Natural Resources and Environmental Control, but who may be designated as environmental protection officers, Fish and Wildlife Agents or park rangers;
b. Classify law-enforcement officers of the Department of Natural Resources and Environmental Control according to rank, title or duties assigned as deemed appropriate;
c. Assign or reassign law-enforcement officers of the Department of Natural Resources and Environmental Control to the divisions, subdivisions and offices of the Department to perform enforcement duties as deemed appropriate;
d. Provide law-enforcement training for law-enforcement officers of the Department of Natural Resources and Environmental Control; and
e. Establish a central filing system to record and maintain a record of violations of statutes, rules, regulations, permit conditions, licenses, orders and program requirements administered by the Department of Natural Resources and Environmental Control.
(14) The Secretary is empowered to apply for and accept grants which the Secretary deems necessary or desirable to the performance of the functions of the Department, subject to Chapter 76 of Title 29. The Secretary is empowered to administer and distribute those funds in the form of grants to qualified entities when funds are available for such purposes. Qualified entities may include, but are not limited to, state, county and local agencies, educational institutions, not-for-profit organizations, corporations, and other businesses, and individual citizens.
(15) Not, any other law or regulation to the contrary notwithstanding, have authority to enter into any agreement with any person or entity subject to the Secretary's review or control which requires said person or entity to pay moneys to any third party other than the Department as part of an enforcement action, or to induce the Department to refrain from taking an enforcement action provided said limitation shall not apply for any provision negotiated as part of a settlement agreement or conciliatory order that would allow such person to undertake a supplemental environmental project that would result in an environmental benefit beyond that which is required under existing or anticipated regulations or standards.
(16)a. The Secretary shall be responsible for the administration and operation of the State Energy Office, and shall supervise all the required and discretionary programs currently underway within the State Energy Office. These include programs to promote energy efficient lighting and thermal systems, transportation programs aimed at reducing traffic and fuel usage and the procurement of energy efficient products and services. In addition, the State Energy Office shall work in cooperation with the State Public Service Commission and other State agencies and departments in the promotion of renewable fuels and energy supplies, improving the adequacy and reliability of energy supplies in Delaware and in assessing the environmental consequences of energy usage in Delaware. Further, the Secretary shall develop suitable and appropriate performance measures for the Energy Office and shall submit them as a component of the Department's annual budget submission.
b. The Secretary shall also be responsible for development of a state facilities energy management plan. The state facilities energy management plan shall be developed in conjunction with the Division of Facilities Management to ensure that energy conservation methods are employed in all new and existing facilities owned by state agencies or local school districts. The plan shall be approved by the Secretary of the Department of Natural Resources and Environmental Control and Director of the Office of Management and Budget. The state facilities energy management plan shall provide for, but not be limited to:
1. Development and maintenance of energy conservation standards for the purpose of reviewing the design, construction, renovation and maintenance of facilities owned by state agencies or local school districts;
2. A program of energy audits of facilities owned by state agencies or local school districts in cooperation with designated representatives of said facilities;
3. Development, maintenance and distribution to facilities owned by state agencies or local school districts of guidelines, recommendations and technical assistance for energy conservation measures to be employed, installed and monitored in said facilities;
4. A detailed description of the estimated energy and monetary savings, and environmental benefits.
29 Del. C. 1953, § 8003; 57 Del. Laws, c. 302, § 1; 57 Del. Laws, c. 579; 57 Del. Laws, c. 739, § 222; 58 Del. Laws, c. 76; 59 Del. Laws, c. 176, § 1; 59 Del. Laws, c. 372, § 2; 59 Del. Laws, c. 526, § 1; 60 Del. Laws, c. 258, § 1; 60 Del. Laws, c. 448, § 1; 64 Del. Laws, c. 331, § 1; 65 Del. Laws, c. 431, §§ 1, 2; 67 Del. Laws, c. 291, § 1; 69 Del. Laws, c. 291, §§ 226, 227; 69 Del. Laws, c. 303, §§ 2-4; 70 Del. Laws, c. 74, § 1; 70 Del. Laws, c. 105, § 25; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 482, § 1; 73 Del. Laws, c. 74, § 150(c); 74 Del. Laws, c. 110, § 121; 75 Del. Laws, c. 88, § 16(5); 75 Del. Laws, c. 353, § 81(a), (b); 77 Del. Laws, c. 430, §§ 61-65.;
§ 8003A. Powers, duties and functions of law-enforcement officers of the Department of Natural Resources and Environmental Control.
(a) The law-enforcement officers of the Department of Natural Resources and Environmental Control shall see to the enforcement of all laws, regulations, rules, permits, licenses, orders and program requirements of the Department of Natural Resources and Environmental Control.
(b) Law-enforcement officers of the Department of Natural Resources and Environmental Control shall have police powers similar to those of sheriffs, constables, peace officers and other police officers when enforcing the laws, regulations, rules, permits, licenses, orders and program requirements of the Department of Natural Resources and Environmental Control. Such police powers shall include, but not be limited to, powers of investigation, search, seizure, detention and arrest conferred by law on sheriffs, constables, peace officers and other police officers.
(c) Law-enforcement officers of the Department of Natural Resources and Environmental Control shall have the authority to serve and return summonses, subpoenas and warrants.
(d) Nothing contained in this section shall be construed to limit the statutory enforcement authorities, responsibilities or powers of enforcement personnel of the Department of Natural Resources and Environmental Control.
59 Del. Laws, c. 526, § 3; 63 Del. Laws, c. 436, §§ 1, 2; 70 Del. Laws, c. 105, §§ 26-28.;
§ 8004. Relocation assistance.
The Secretary of the Department of Natural Resources and Environmental Control is hereby empowered to expend state funds appropriated to the Department for land acquisition; to make relocation payments and to provide assistance in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970; provided, that the Secretary must expend funds for this purpose that are federally reimbursable under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Public Law 91-646.
29 Del. C. 1953, § 8003A; 58 Del. Laws, c. 195.;
§ 8005. Division of Fish and Wildlife.
The Division of Fish and Wildlife is established having powers, duties and functions as follows:
(1) The Division of Fish and Wildlife shall have the power to perform and shall be responsible for the performance of all the powers, duties and functions heretofore vested in:
a. The Board of Game and Fish Commissioners of this State pursuant to Chapters 1, 3 [repealed], 5, 7, 9, 11, 13, 17 and 58 [repealed] of Title 7.
b. The Delaware Commission of Shell Fisheries pursuant to Chapters 19, 21, 23 and 27 of Title 7 and Chapter 21 of Title 23.
(2) The administrative, ministerial, fiscal and clerical functions of the Atlantic States Marine Fisheries Commission set forth in Chapter 15 of Title 7 shall be performed by the Division of Fish and Wildlife. Except as otherwise provided in this subdivision, the membership, remuneration, organization, meetings, powers, duties and functions of the Atlantic States Marine Fisheries Commission shall remain as prescribed by Chapter 15 of Title 7.
29 Del. C. 1953, § 8004; 57 Del. Laws, c. 302, § 1.;
§ 8006. Council on Game and Fish.
(a) There is established the Council on Game and Fish.
(b) The Council on Game and Fish shall serve in an advisory capacity to the Director of Fish and Wildlife and shall consider matters relating to the protection, conservation and propagation of all forms of fish and protected wildlife of this State and such other matters as may be referred to it by the Governor, Secretary of the Department or Director of Fish and Wildlife. The Council may also study, research, plan and advise the Director, the Secretary, and the Governor on matters it deems appropriate to enable the Division to function in the best possible manner.
(c) The Council on Game and Fish shall be composed of 9 members who shall be appointed for 3-year terms by the Governor.
(d) At least 4, but no more than 5, of the members of the Council shall be affiliated with 1 of the major political parties. At least 3, but no more than 4, of the members of the Council shall be affiliated with the other major political party; provided, however, that there shall be no more than a bare majority representation of 1 major political party over the other major political party. Any person who declines to announce such person's political affiliation shall also be eligible for appointment as a member of the Council.
(e) Members of the Council shall serve without compensation, except that they may be reimbursed for reasonable and necessary expenses incident to their duties as members of the Council.
(f) A Chairperson of the Council shall be chosen by the members of the Council from among its members and shall serve in that capacity for a term of 1 year and shall be eligible for reelection.
(g) Any replacement appointment to the Council to fill a vacancy prior to the expiration of a term shall be filled for the remainder of the term.
29 Del. C. 1953, § 8005; 57 Del. Laws, c. 302, § 1; 57 Del. Laws, c. 739, § 238; 63 Del. Laws, c. 316, §§ 1, 2; 70 Del. Laws, c. 186, § 1.;
§ 8006A. Council on Recreational Fishing Funding.
(a) There is established the Council on Recreational Fishing Funding.
(b) The Council on Recreational Fishing Funding shall serve in an advisory capacity to the Director of Fish and Wildlife and shall consider matters relative to funding of fishery-related projects as related to this State and such other matters as may be referred to it by the Governor, Secretary of the Department or Director of Fish and Wildlife.
(c) The Council on Recreational Fishing Funding shall be composed of 7 members who shall be appointed for 3-year terms by the Governor.
(d) At least 3, but no more than 4, of the members of the Council shall be affiliated with 1 of the major political parties and at least 2, but no more than 3, of the members of the Council shall be affiliated with the other major political party; provided, however, there shall be no more than a bare majority representation of 1 major political party over the other major political party. Any person who declines to announce such person's political affiliation shall also be eligible for appointment as a member of the Council.
(e) One member of the House of Representatives (as designated by the Speaker of the House), 1 member of the Senate (as designated by the President Pro Tempore) and 1 member from the Department of Natural Resources and Environmental Control, Division of Fish and Wildlife, shall serve as ex-officio members of the Council.
(f) The Department ex-officio member shall prepare minutes of each Council meeting. These minutes must be approved by a quorum of Council members in order to be official.
(g) All members of the Council shall serve without compensation, except that they may be reimbursed for reasonable and necessary expenses incident to their duties as members of the Council from the fishing license account.
(h) The Council shall meet no less than once per year but no more than twice per year. The Council shall provide nonbinding advice to the Department on fishery related construction priorities for the expenditure of funds generated from the sale of recreational fishing licenses in the coming year.
76 Del. Laws, c. 71, § 14.;
§ 8007. Council on Shell Fisheries.
(a) There is established the Council on Shell Fisheries.
(b) The Council on Shell Fisheries shall serve in an advisory capacity to the Director of Fish and Wildlife and shall consider matters relating to the control and direction of the shellfish industry and the protection, conservation and propagation of shellfish of this State and such other matters as may be referred to it by the Governor, Secretary of the Department or Director of Fish and Wildlife. The Council may also study, research, plan and advise the Director, the Secretary and the Governor on matters it deems appropriate to enable the Division to function in the best possible manner.
(c) The Council on Shell Fisheries shall be composed of 7 members who shall be appointed by the Governor. The Council shall be composed of the following members:
One person engaged in commercial lobstering or conching;
One person engaged in commercial crabbing;
One person engaged in commercial oystering;
One person engaged in commercial clamming;
One person knowledgeable in marine fisheries;
One person representing recreational shell fishing;
One person, the Chairperson, to serve at the pleasure of the Governor.
The terms of the members shall be staggered. The first 2 appointees shall serve for a term of 1 year, the next 2 appointees shall serve for a term of 2 years and the next 2 shall serve for a term of 3 years. Thereafter, all new appointees shall serve for a term of 3 years.
(d) At least 3, but no more than 4, of the members of the Council shall be affiliated with 1 of the major political parties and at least 2, but no more than 3, of the members of the Council shall be affiliated with the other major political party; provided, however, there shall be no more than a bare majority representation of 1 major political party over the other major political party. Any person who declines to announce such person's political affiliation shall also be eligible for appointment as a member of the Council. Additionally, at least 1 member of the Council shall be a resident of New Castle County, at least 1 member of the Council shall be a resident of Kent County and at least 1 member of the Council shall be a resident of Sussex County.
(e) Members of the Council shall serve without compensation, except that they may be reimbursed for reasonable and necessary expenses incident to their duties as members of the Council.
(f) Any replacement appointment to the Council to fill a vacancy prior to the expiration of a term shall be filled for the remainder of the term.
29 Del. C. 1953, § 8006; 57 Del. Laws, c. 302, § 1; 57 Del. Laws, c. 739, § 239; 59 Del. Laws, c. 238, § 1; 67 Del. Laws, c. 289, § 1; 70 Del. Laws, c. 186, § 1; 73 Del. Laws, c. 294, §§ 1, 2.;
§ 8008. Division of Parks and Recreation.
The Division of Parks and Recreation is hereby established having powers, duties and functions as follows:
(1) The Division of Parks and Recreation shall have the power to perform and shall be responsible for the performance of all the powers, duties and functions heretofore vested in the State Park Commission of Delaware pursuant to Chapters 45, 47 and 58 [repealed] of Title 7.
(2) The administrative, ministerial, fiscal and clerical functions of the Recreation Advisory Council set forth in Chapter 47 of Title 7 shall be performed by the Division of Parks and Recreation. Except as otherwise provided in this subdivision, the membership, remuneration, organization, meetings, powers, duties and functions of the Recreation Advisory Council shall remain as prescribed by Chapter 47 of Title 7.
29 Del. C. 1953, § 8007; 57 Del. Laws, c. 302, § 1; 57 Del. Laws, c. 739, § 223; 59 Del. Laws, c. 372, §§ 3, 4.;
§ 8009. Parks and Recreation Council.
(a) There is established the Parks and Recreation Council.
(b) The Parks and Recreation Council shall serve in an advisory capacity to the Director of Parks and Recreation and shall consider matters related to the planning, acquisition, development, management, conservation and programming of lands and services under the jurisdiction of the Division, and such other matters as may be referred to it by the Governor, the Secretary of the Department of Natural Resources and Environmental Control or the Director. The Council shall review and recommend to the Department the approval of funding from the Conservation Trust Fund for park development projects and serve as the review authority for other state and federal funding programs if called upon to do so. The Council may also study, research, plan and advise the Director, the Secretary and the Governor on matters it deems appropriate to enable the Division to function in the best manner possible. The Council may also recommend to the Department for adoption, after public hearing, any rules and regulations as may be necessary to carry out any provisions of the section.
(c) The Parks and Recreation Council shall be composed of 11 members who shall be appointed as follows:
(1) Eight members shall be appointed by the Governor and shall be eligible for reappointment. The terms of the 5 original members that were not reappointed or replaced on October 12, 1993, shall be staggered as follows: Two members shall serve until October 12, 1995; and 3 members shall serve until October 12, 1997. Upon the expiration of these terms or the 3 year terms of the members reappointed or appointed on October 12, 1993, the term of any member serving thereafter shall be for 3 years.
(2) At least 5 of the 8 members appointed by the Governor shall have experience and/or expertise in the management of recreation programs and parks. The remaining members may be composed of other related disciplines including, but not limited to, cultural affairs, fish and wildlife, tourism, finance, conservation, marketing, special populations, education or similar disciplines.
(3) The remaining 3 members shall be representatives of each of the Division's officially constituted advisory organizations: The Fort Delaware Society, the Natural Areas Advisory Council and a Delaware member of the Bi-State Advisory Council for the White Clay Creek Preserve. These members shall be appointed annually by their respective organizations.
(d) No more than 4 of the members appointed by the Governor shall be affiliated with the same political party. Any person who declines to announce his or her political affiliation shall also be eligible for appointment as a member of the Council.
(e) Members of the Council shall serve without compensation, except that they may be reimbursed for reasonable and necessary expenses incurred incident to their duties as members of the Council.
(f) Failure to attend 3 consecutive regular meetings of the Council in the absence of mitigating circumstances shall be construed as a request by that member to resign from the Council and a replacement may thereafter be appointed in his or her stead.
(g) A Chairperson shall be chosen by the members of the Council from among its membership and shall serve in that capacity for a term of 1 year. The Chairperson shall be eligible for reelection.
(h) Any replacement appointment to the Council to fill a vacancy prior to the expiration of a term shall serve out the remainder of the term.
29 Del. C. 1953, § 8008; 57 Del. Laws, c. 302, § 1; 57 Del. Laws, c. 739, § 240; 59 Del. Laws, c. 372, § 5; 67 Del. Laws, c. 430, § 2; 69 Del. Laws, c. 342, § 1; 70 Del. Laws, c. 186, § 1; 77 Del. Laws, c. 236, § 2.;
§ 8010. Recreation Advisory Council.
(a) The Recreation Advisory Council established in Chapter 47 of Title 7 shall serve in an advisory capacity to the Director of Parks and Recreation. The Council shall consider such advisory matters as set forth in Chapter 47 of Title 7 and shall consider such other matters as may be referred to it by the Governor, Secretary of the Department or Director of Parks and Recreation. The Council may also study, research, plan and advise the Director, the Secretary and the Governor on matters it deems appropriate to enable the Division to function in the best possible manner.
(b) The composition of the Recreation Advisory Council shall be as set forth in § 4732 [repealed] of Title 7.
29 Del. C. 1953, § 8009; 57 Del. Laws, c. 302, § 1; 59 Del. Laws, c. 372, § 6.;
§ 8011. Clean Water Advisory Council.
(a) There is hereby established a Clean Water Advisory Council.
(b) Definition. -- "Wastewater facility" shall mean any property, easement, equipment, pipe, pump, plant or appurtenance used in any way to collect, transport, store, handle, treat or dispose of wastewater. "Surface water management " shall mean a strategy for the integration of drainage, flood control and stormwater management.
(c) The Advisory Council shall serve in an advisory capacity to the Governor, the Secretary of the Department and the Directors of the Divisions of Water and Watershed Stewardship. The Advisory Council shall be composed of 12 members appointed by the Governor with the advice and consent of the Senate. The Governor shall designate a chairperson who shall serve an unlimited term at the pleasure of the Governor. There shall be at least 1 member who is a resident of New Castle County, 1 member who is a resident of Kent County, 1 member who is a resident of Sussex County, and 1 member who is a resident of the City of Wilmington. The Council shall include at least 1 representative of each of the following organizations: the Delaware Association of Conservation Districts, the Delaware League of Local Governments, the Delaware Association of Counties, the American Council of Engineering Companies, the Delaware Institute of Planning and Design, and a not-for-profit environmental organization. Those members registered in either major political party shall not exceed the other major political party by more than 1. At least 4 members shall have technical or financial expertise on wastewater facility and surface water managements issues. The term of each member, excluding the chairperson who serves at the pleasure of the Governor, shall be for 3 years.
(d) Members of the Council shall serve without compensation except that they shall be reimbursed for reasonable and necessary expenses incidental to their duties as members of the Council.
(e) Any appointment, pursuant to provisions hereof, to replace a member whose position becomes vacant prior to the expiration of the term, shall be filled only for the remainder of that unexpired term.
(f) The Council's duties and responsibilities shall include the following:
(1) To evaluate, establish, recommend, and adopt a long-term plan for funding wastewater facility capital projects that shall cover a period of not less than 6 years. The plan shall be updated and prioritized on an annual basis and incorporated in the Department's annual capital budget request to the Governor. A copy of the adopted plan shall be submitted to members of the General Assembly on or before November 15 of each year beginning in calendar year 1995;
(2) To establish standards and procedures for persons to obtain funding for the construction, repair, renovation or expansion of wastewater facilities and to recommend specific grants or loans, or both, in accordance with such standards and procedures using funds authorized for such purposes by act of the General Assembly or funds approved by the Delaware State Clearinghouse Committee. The Council shall develop and recommend to the General Assembly projects for the planning, construction, repair, renovation or expansion of wastewater facilities to be funded in whole or in part by the Delaware Water Pollution Control Revolving Fund and any other related special revolving loan fund so authorized by the General Assembly;
(3) To develop and periodically update a comprehensive, statewide wastewater facilities assessment to be presented in 3 sections, 1 for each county. The Council may retain the services of necessary professionals and may enter into agreements in order to prepare such an assessment. Each of the counties may, at its option, designate a county agency responsible for preparing the assessment for such county, provided however, that the assessments shall be prepared in a uniform manner pursuant to criteria established by the Council. In the absence of such a designation, the Department shall be the lead agency in coordinating preparation of the assessment. The assessment shall include, but not be limited to, a description of the status of existing wastewater facilities, the current usage thereof, the adequacy of existing wastewater facilities, projected long range requirements for wastewater facilities, the compatibility of existing land use plans with existing and long range requirements of wastewater facilities, and recommendations for improvements to existing wastewater facilities;
(4) To recommend long-term strategies for financing the construction, repair, renovation or expansion of wastewater facilities. Such strategies shall reflect the goals of establishing fair rates that equitably distribute the costs of wastewater facilities based upon usage and relying upon private firms to provide wastewater services if it is economical and in the public interest to do so; and
(5) To adopt standards and procedures for the audit of program expenditures, the performance of program evaluations to ensure conformance to the law, and the monitoring of the progress of wastewater facility projects funded in who or in part by the State. The Council shall review, recommend and approve payment of administrative and operating expenses of the Council to the Department.
(g) The Council shall adopt all motions and approve the 6 year capital plan, the assessment, and all programs, loans or grants only by a majority vote of the entire membership of the Council. All voting shall be done in person and at regular or special meetings of the Council. The Council shall conduct a public meeting in each county prior to annual adoption of the 6 year capital plan. The Council is subject to the applicable provisions of the Administrative Procedures Act.
(h) The Council shall work in concert with the Department, the Department of Transportation, the Delaware Development Office, the Department of Agriculture, Conservation Districts, the Delaware Geological Survey, the Public Service Commission, the Department of Health and Social Service, the Department of Finance, the Cabinet Committee on State Planning Issues and any other appropriate department, agency or committee focusing on statewide planning issues and each shall provide reasonable staff time and resources as may be required by the Council to fulfill its duties and responsibilities. The Council shall also work in concert with the Water Resources Agency of New Castle County and any other appropriate agency designated by the counties. The Department shall be the lead agency in coordinating support for the Council.
(i) The Council shall provide guidance and policy advice to the Governor and Secretary and assistance in the statewide effort to develop funding options for capital and maintenance programs related to drainage, stormwater management and flood control. This guidance shall include State level direction to the Department and local agencies and operating units in the development of standardized processes and procedures for identifying and prioritizing problems and development of watershed-based solutions. The Council also shall provide guidance to the State in improving the quality of customer service and reviewing annual localized work plans.
(j) The Council shall provide assistance in defining areas of responsibility between the State and local agencies, and coordinating implementation and operations.
(k) The Council shall provide assistance to the State in the establishment of a central response unit coordinated by the Department to handle public calls relating to drainage, stormwater and flood control.
(l) The Council shall provide assistance in the statewide effort for the development of sustainable program funding options.
(m) The Council shall provide assistance in the development and evaluation of criteria for watershed-based plans for surface water management. The Council shall also provide assistance developing the priority needs for watershed plans. The Council shall assist in developing a strategy for long term planning for future growth as it relates to surface water management. This strategy may include options for private-public partnerships for infrastructure improvement and regional solutions.
69 Del. Laws, c. 303, § 1; 70 Del. Laws, c. 186, § 1; 75 Del. Laws, c. 219, §§ 1-5; 75 Del. Laws, c. 353, § 81(c)-(e); 77 Del. Laws, c. 430, § 66.;
§ 8012. Division of Watershed Stewardship.
The Division of Watershed Stewardship is established having powers, duties and functions as follows:
(1) The Division of Watershed Stewardship shall have the power to perform and shall be responsible for the performance of all of the powers, duties and functions heretofore vested in the Delaware Soil and Water Conservation Commission, pursuant to Chapters 39 and 41 of Title 7.
(2) The administrative, ministerial, fiscal and clerical functions of the Boards of Ditch Commissioners, set forth in Chapter 41 of Title 7, shall be performed by the Division of Watershed Stewardship. Except as otherwise provided in this subdivision, the membership, remuneration, organization, meetings, powers, duties and functions of the Boards of Ditch Commissioners shall remain as prescribed by Chapter 41 of Title 7.
29 Del. C. 1953, § 8011; 57 Del. Laws, c. 302, § 1; 77 Del. Laws, c. 430, § 67.;
§ 8013. Council on Soil and Water Conservation.
Repealed by 77 Del. Laws, c. 341, § 1, eff. July 2, 2010.
§ 8014. Division of Air Quality, Division of Waste Management and Division of Water.
The Division of Air Quality, Division of Waste Management and Division of Water is established having powers, duties and functions as follows:
(1) The Division of Air Quality, Division of Waste Management and the Division of Water shall have the power to perform and shall be responsible for the performance of all of the powers, duties and functions heretofore vested in the Delaware Water and Air Resources Commission.
(2) The administrative, ministerial, fiscal and clerical functions of this State as a member of the Delaware River Basin Commission, set forth in Chapter 65 of Title 7, shall be performed by Division of Air Quality, the Division of Waste Management and the Division of Water. Except as otherwise provided in this subdivision, the membership, remuneration, organization, meetings, powers, duties and functions of the Delaware River Basin Commission shall remain as prescribed by Chapter 65 of Title 7.
(3) The Division of Air Quality, the Division of Waste Management and the Division of Water shall have the power to perform and shall be responsible for the performance of all of the powers, duties and functions heretofore vested in the Mosquito Control Commission and the State Highway Department pursuant to Chapter 19 of Title 16.
(4) The Division of Air Quality, the Division of Waste Management and the Division of Water shall have the power to perform and shall be responsible for the performance of all the powers, duties and functions heretofore vested in the Department of Health and Social Services pursuant to § 122(3)d. of Title 16 only.
(5) The Division of Air Quality and the Division of Waste Management shall have primary authority under this section for matters concerning solid and hazardous waste and air resources of the State. The Division of Water shall have primary authority under this section for matters concerning surface and groundwater, underwater and wetland resources of the State.
29 Del. C. 1953, § 8013; 57 Del. Laws, c. 302, § 1; 57 Del. Laws, c. 739, §§ 224-227; 58 Del. Laws, c. 52, § 2; 65 Del. Laws, c. 431, §§ 3, 4; 77 Del. Laws, c. 430, §§ 68, 69.;
§ 8015. Council on Environmental Control.
Repealed by 77 Del. Laws, c. 341, § 2, eff. July 2, 2010.
§ 8016. Governor's Council on Natural Resources and Environmental Control.
(a) There is established the Governor's Council on Natural Resources and Environmental Control.
(b) The Governor's Council on Natural Resources and Environmental Control shall be composed of the chairpersons of the councils to the respective divisions of the Department, as provided in this chapter, 1 of whom shall be designated by the Governor as Chairperson of the Governor's Council on Natural Resources and Environmental Control, and the Chairperson shall serve, as such, at the pleasure of the Governor.
(c) The terms of the members of the Governor's Council on Natural Resources and Environmental Control shall coincide with the terms for which the members serve as chairpersons of their respective councils.
(d) The Governor's Council on Natural Resources and Environmental Control shall advise, recommend and refer to the Secretary of the Department matters which, in its opinion, are of Departmental concern and shall consider such other matters as may be referred to it by the Governor or the Secretary of the Department. The Council may also study, research, plan and advise the Secretary and the Governor on matters it deems appropriate to enable the Department to function in the best possible manner.
(e) Members of the Council shall serve without compensation, except that they may be reimbursed for reasonable and necessary expenses incident to their duties as members of the Council.
29 Del. C. 1953, § 8015; 57 Del. Laws, c. 302, § 1; 57 Del. Laws, c. 739, §§ 234, 235; 70 Del. Laws, c. 186, § 1.;
§ 8016A. Community Involvement Advisory Council and Community Ombudsman.
(a) There is established the Community Involvement Advisory Council.
(b) The Community Involvement Advisory Council shall serve in an advisory capacity to the Secretary of the Department of Natural Resources and Environmental Control and shall consider such matters as the relationships and interactions between the Department and local communities throughout the State, communication and information flow between the Department and these communities, public participation in the decision-making processes of the Department, ensuring, to the extent practicable, that no community in the State is disparately affected by environmental impacts, matters related to addressing adverse environmental impacts on communities and other such matters as may be referred to it by the Governor or the Secretary. The Council may also study, research, plan and advise the Secretary on matters it deems appropriate to enable the Department to relate to and interact with communities in the best manner possible.
(c) The Community Involvement Advisory Council shall be composed of 11 members who shall be appointed by the Governor as follows:
(1) Four members shall be appointed for 3-year terms.
(2) Four members shall be appointed for initial 2-year terms.
(3) Three members shall be appointed for initial 1-year terms.
(4) Thereafter, all new appointees shall serve for a term of 3 years.
(d) Council membership shall include representatives from communities, community-based nonprofit organizations, environmental organizations, health care providers, local government, academic institutions and business/industry. Community representation shall include representatives of communities that potentially may be adversely impacted by environmental factors or conditions.
(e) Members of the Council shall serve without compensation, except that they may be reimbursed for reasonable and necessary expenses incidental to their duties as members of the Council.
(f) A Chairperson of the Council shall be chosen by the members of the Council from among its members and shall serve in that capacity for a term of 1 year and shall be eligible for reelection.
(g) Any replacement appointment to the Council to fill a vacancy prior to the expiration of a term shall be filled for the remainder of the term.
(h) The Department shall establish a position of Community Ombudsperson to serve as a liaison between the Department and communities statewide. The Department may establish Community Assistance Providers as may be appropriated by the General Assembly. The Community Ombudsperson and Community Assistance Providers shall engage communities in identifying and understanding environmental issues and addressing or resolving environmental problems, advocate for communities, assist communities in obtaining information on environmental issues, and serve as a point of contact for the Department with communities and community organizations. The Secretary shall provide to the General Assembly annually a summary of the activities and an assessment of the effectiveness of the Community Ombudsperson program.
73 Del. Laws, c. 117, § 9.;
§ 8017. Books; records; access; annual report.
(a) The Governor's Council on Natural Resources and Environmental Control shall have access to all books, records, reports and other documents relating to the Department of Natural Resources and Environmental Control unless otherwise prohibited by law.
(b) The various councils of the divisions of the Department of Natural Resources and Environmental Control shall have access to all books, records, reports and other documents relating to their respective divisions unless otherwise prohibited by law.
(c) The Chairperson of the Governor's Council on Natural Resources and Environmental Control and the chairmen of the councils of the divisions of this Department shall make an annual report of the activities of each of the councils to the Secretary of the Department, the Governor and the General Assembly and render such other reports as the Secretary, the Governor or the General Assembly may from time to time request or as may be required by law.
29 Del. C. 1953, § 8016; 57 Del. Laws, c. 302, § 1; 70 Del. Laws, c. 186, § 1.;
§ 8017A. Delaware Council on Greenways and Trails.
(a) There is hereby established the Delaware Council on Greenways and Trails (successor to the Delaware Coastal Heritage Greenways Council) created for the following purposes