7 Del. Admin. Code § 5103-11.0

Current through Reigster Vol. 28, No. 6, December 1, 2024

Section 5103-11.0 - Enforcement Procedures

11.1 Administrative and Legal Actions

11.1.1 The Department may take any administrative or legal action necessary for the enforcement of these Regulations.

11.1.2 An action or proceeding under this subsection may be initiated whenever any owner or any person acting as an agent of any owner:

11.1.2.1 Fails to comply with the requirements imposed by these Regulations or by any application approval, Permit to Construct, Permit to Impound, order, rule, regulation, or requirement of the Department under the authority of these Regulations, or

11.1.2.2 Commits or allows the commission of violations of these Regulations or any application approval, Permit to Construct, Permit to Impound, order, rule, regulation, or requirement of the Department under these Regulations.

11.1.3 Violators of these Regulations shall be fined as follows:

11.1.3.1 Any person who violates any rule, regulation, order, or condition imposed in an approved document or other provision of these Regulations shall be fined not less than $200 or more than $2,000 for each offense. Each day that the violation continues shall constitute a separate offense. The Justice of the Peace Courts shall have jurisdiction of offenses brought under this subsection.

11.1.3.2 Any person who, after written notice to comply, intentionally or knowingly violates any rule, regulation, order, or condition imposed in an approved document or other provision of these Regulations shall be fined not less than $500 or more than $10,000 for each offense. Each day the violation continues shall constitute a separate offense. The Superior Court shall have jurisdiction over offenses brought under this subsection.

11.2 Investigations by the Department

11.2.1 The Department shall make investigations and assemble such data as it deems necessary for a proper review and study of the design and construction of any dams, reservoirs, and appurtenances to which these Regulations applies, and for such purposes the Department or its agents may enter upon private property.

11.2.2 The Department may employ or make such agreements with geologists, engineers, or other expert consultants and such assistants as it deems necessary to carry out the provisions of these Regulations.

11.3 Rights of Investigation, Entry, Access, Inspection, and Protective Action

11.3.1 The Department shall have the right to direct the conduct of such investigations as it may reasonably deem necessary to carry out its duties prescribed in these Regulations, and the Department shall have the right to conduct such investigations. For the purpose of inspections, the employees of the Department and agents of the Department have the right to enter at reasonable times on any property, public or private, for the purpose of investigating the condition, construction, or operation of any dam or associated equipment facility or property, and to require written statements or the filing of reports under oath, with respect to pertinent questions relating to the construction or operation of any dam.

11.3.2 No person shall refuse entry or access to any authorized representative of the Department who requests entry for purposes of inspection and who presents appropriate credentials; nor shall any person obstruct, hamper, or interfere with any representative while in the process of carrying out official duties.

11.3.3 Notwithstanding any other provisions of these Regulations, the Department, upon receipt of information that any dam may present an imminent and substantial hazard to the public health, safety, or welfare, may take such actions as it determines to be necessary to protect the public health, safety, or welfare. The Department may direct the owner or custodian of the dam to take such actions as are necessary to prevent, eliminate, or reduce the hazard. In the event the owner or custodian fails to take such actions, the Department shall have the right to take all appropriate or necessary action including, but not limited to, breaching or draining. The Department may initiate legal proceedings to recover the emergency costs from the dam owner.

11.4 Other Requirements. When the safety and technical considerations pertaining to an application approval, to a Permit to Impound, to a dam, to a reservoir, or to plans and specifications require it, or when requested in writing to do so by the owner, the Department may appoint an Independent Review Board of consultants to report to the Department on the safety features involved. The cost and expense of a consulting board, if appointed on the request of an owner, shall be paid by the owner.

7 Del. Admin. Code § 5103-11.0