(a) Whoever violates this subchapter, or any rule or regulation promulgated there under, or any order of the Secretary, shall:
(1) For the first conviction, be fined not less than $100 nor more than $500 for each day of violation;
(2) For each subsequent conviction for the same offense within a 10-year period, be fined not less than $500 nor more than $1,500 for each day of violation;
(3) In the Secretary’s discretion, the Secretary may endeavor by conciliation to obtain compliance with all requirements of this subchapter. Conciliation shall be giving written notice to the responsible party:
a. Specifying the complaint;
b. Proposing a reasonable time for its correction;
c. Advising that a hearing on the complaint may be had if requested by a date stated in the notice; and
d. Notifying that a proposed correction date will be ordered unless a hearing is requested.
Terms Used In Delaware Code Title 7 Sec. 6059
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Conviction: A judgement of guilt against a criminal defendant.
- Year: means a calendar year, and is equivalent to the words "year of our Lord. See Delaware Code Title 6 Sec. 4307
If no hearing is requested on or before the date stated in the notice, the Secretary may order that the correction be fully implemented by the proposed date or may, on the Secretary’s own initiative, convene a hearing, in which the Secretary shall publicly hear and consider any relevant submission from the responsible party as provided in § 6006 of this title.
(b) Any person whose interest is substantially affected by any action of the Secretary may appeal to the Environmental Appeals Board, in accordance with § 6008 of this title.