If the State Forester or the State Forester’s designee determines that an owner or operator is conducting or allowing the conduct of any silvicultural activity in a manner that is causing or is likely to cause pollution, the State Forester or the State Forester’s designee may advise the owner or operator of corrective measures needed to prevent or cease the pollution. Failure of the State Forester or the State Forester’s designee to advise an owner or operator of such corrective measures shall not impair the State Forester’s authority to issue cease and desist orders.

72 Del. Laws, c. 235, § ?2;

Terms Used In Delaware Code Title 3 Sec. 1073

  • Operator: shall mean any person that operates or exercises control over any silvicultural activity. See Delaware Code Title 3 Sec. 1072
  • Owner: shall mean any person that (a) owns or leases land on which silvicultural activity occurs or (b) owns timber on land which silvicultural activity occurs. See Delaware Code Title 3 Sec. 1072
  • Pollution: shall mean such alteration of the physical, chemical or biological properties of any waters of the State resulting from sediment deposition that will or is likely to create a nuisance or render such waters (a) harmful or detrimental or injurious to the public health, safety or welfare, or to the health of animals, fish or aquatic life; (b) unsuitable with reasonable treatment for use as a present or possible future source of public water supply; or (c) unsuitable for recreational, commercial, industrial, agricultural or other reasonable uses. See Delaware Code Title 3 Sec. 1072
  • Silvicultural activity: shall mean any forest management activity, including but not limited to the harvesting of timber, the construction of roads and trails for forest management purposes, and the preparation of property for reforestation. See Delaware Code Title 3 Sec. 1072
  • State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302