Delaware Administrative Code
Title 7 - Natural Resources and Environmental Control
5000 - Division of Watershed Stewardship
5103 - Delaware Dam Safety Regulations
Section 5103-11.0 - Enforcement Procedures
Universal Citation: 7 DE Admin Code 5103-11.0
Current through Register Vol. 28, No. 3, September 1, 2024
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.
Disclaimer: These regulations may not be the most recent version. Delaware may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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