Delaware Code Title 23 Sec. 2125 – Penalties; jurisdiction
(a) Whoever violates any of the provisions of this chapter, except §§ 2113(e), 2116(b), (c), (d), (e) and (f), or any regulation promulgated thereunder, shall for the first offense be guilty of a class D environmental violation. For each subsequent like offense occurring within 12 months of a prior conviction, the person will be guilty of a class C environmental violation.
Terms Used In Delaware Code Title 23 Sec. 2125
- Conviction: A judgement of guilt against a criminal defendant.
- Department: means the Department of Natural Resources and Environmental Control, unless stated otherwise in this chapter. See Delaware Code Title 23 Sec. 2112
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
(b) Whoever violates § 2113(e) of this title shall be guilty of a class D environmental violation.
(c) Whoever violates § 2116(b) or (c) of this title shall be guilty of a class D environmental violation.
(d) Whoever violates § 2116(d) of this title shall be guilty of a class C environmental violation. For each subsequent like offense occurring within 3 years of a prior conviction, the person shall be guilty of a class B environmental misdemeanor. No person sentenced under this subsection as a repeat offender shall receive a suspended sentence.
(e) The Justice of the Peace Courts shall have jurisdiction over any violation of this chapter, with the exception of § 2116(f) of this title.
(f) Violations of Chapters 21, 22 and 23 of this title or department orders, rules or regulations promulgated to implement provisions of these chapters are designated as environmental misdemeanors and violations punishable pursuant to the sentencing categories set forth in § 1304 of Title 7.
23 Del. C. 1953, § ?2130; 52 Del. Laws, c. 154, § ?20; 53 Del. Laws, c. 27, § ?8; 58 Del. Laws, c. 193; 58 Del. Laws, c. 239, § ?1; 59 Del. Laws, c. 576, § ?1; 71 Del. Laws, c. 427, § ?3; 79 Del. Laws, c. 421, § ?14;