CHAPTER 739
AN ACT AMENDING TITLES 7, 16, 23, AND 29, DELAWARE CODE, PROVIDING FOR OMNIBUS AMENDMENTS AND CORRECTIONS RELATING TO THE DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL AS PROVIDED IN TITLE 29, DELAWARE CODE, CHAPTER 80.
Be it enacted by the General Assembly of the State of Delaware:
Section 1. Title 7, Delaware Code, § 101, is hereby amended by striking therefrom the words "Board" means the Board of Game and Fish Commissioners of the State of Delaware; and inserting in lieu thereof the words "Department" means the Department of Natural Resources and Environmental Control;
Section 2. Title 7, Delaware Code, § 101, is hereby amended by adding thereto the following:
"Secretary" means the Secretary of the Department of Natural Resources and Environmental Control or his duly authorized designee provided any such delegation of authority is consistent with the provisions of Title 29, Delaware Code, Chapter 80.
Section 3. Title 7, Delaware Code, § 102, is hereby amended by striking said section in its entirety.
Section 4. Title 7, Delaware Code, § 103, is hereby amended by striking said section in its entirety.
Section 5. Title 7, Delaware Code, § 104, is hereby amended by striking said section in its entirety.
Section 6. Title 7, Delaware Code, § 105, is hereby amended by striking said section in its entirety.
Section 7. Title 7, Delaware Code, § 106(a), is hereby amended by striking therefrom the word "Board" wherever it may appear and inserting in lieu thereof the word "Department".
Section 8. Title 7, Delaware Code, § 106 (b), is hereby amended by striking therefrom the word "Board" wherever it may appear and inserting in lieu thereof the word "Secretary".
Section 9. Title 7, Delaware Code, § 106 (c), is hereby amended by striking § 106 (c) in its entirety.
Section 10. Title 7, Delaware Code, § 106 (d), is hereby amended by striking therefrom the word "Board" and inserting in lieu thereof the word "Department".
Section 11. Title 7, Delaware Code, § 106 (e), is hereby amended by striking therefrom the word "Board" wherever it may appear and inserting in lieu thereof the word "Department".
Section 12. Title 7, Delaware Code, § 106 (f), is hereby amended by striking § 106 (f) in its entirety.
Section 13. Title 7, Delaware Code, § 107, is hereby amended by striking said section in its entirety.
Section 14. Title 7, Delaware Code, § 108, is hereby amended by striking therefrom the word "Board" wherever it appears and inserting in lieu thereof the word "Department".
Section 15. Title 7, Delaware Code, § 109, is hereby amended by striking therefrom the word "Board" and inserting in lieu thereof the word "Department".
Section 16. Title 7, Delaware Code, §110, is hereby amended by striking therefrom the word "Board" wherever it appears and inserting in lieu thereof the word "Department".
Section 17. Title 7, Delaware Code, § 111, is hereby amended by striking therefrom the word "Board" wherever it appears and inserting in lieu thereof the word "Department".
Section 18. Title 7, Delaware Code, § 112, is hereby amended by striking therefrom the word "Board" wherever it appears and inserting in lieu thereof the word "Department".
Section 19. Title 7, Delaware Code, § 113, is hereby amended by striking therefrom the word "Board" wherever it appears and inserting in lieu thereof the word "Department".
Section 20. Title 7, Delaware Code, § 113, is hereby amended by striking therefrom the words "Board of Game and Fish Commissioners" and inserting in lieu thereof the words "Department".
Section 21. Title 7, Delaware Code, § 114, is hereby amended by striking therefrom the word "Board" wherever it appears and inserting in lieu thereof the word "Department".
Section 22. Title 7, Delaware Code, § 115, is hereby amended by striking therefrom the word "Board" wherever it appears and inserting in lieu thereof the word "Department".
Section 23. Title 7, Delaware Code, § 116, is hereby amended by striking said section in its entirety.
Section 24. Title 7, Delaware Code, § 117, is hereby amended by striking therefrom the words "Each member of the Board" and inserting in lieu thereof the words "The Secretary".
Section 25. Title 7, Delaware Code, § 118, is hereby amended by striking therefrom the word "Board" wherever it appears and inserting in lieu thereof the word "Department".
Section 26. Title 7, Delaware Code, § 119, is hereby amended by striking therefrom the word "Board" wherever it appears and inserting in lieu thereof the word "Department".
Section 27. Title 7, Delaware Code, § 120, is hereby amended by striking therefrom the word "Board" wherever it appears and inserting in lieu thereof the word "Department".
Section 28. Title 7, Delaware Code, § 121, is hereby amended by striking therefrom the word "Board" wherever it appears and inserting in lieu thereof the word "Department".
Section 29. Title 7, Delaware Code, § 301, is hereby amended by striking therefrom the word "Board" wherever it appears and inserting in lieu thereof the word "Secretary".
Section 30. Title 7, Delaware Code, §302, is hereby amended by striking therefrom the word "Board" and inserting in lieu thereof the word "Department".
Section 31. Title 7, Delaware Code, § 305, is hereby amended by striking therefrom the word "Board" wherever it appears and inserting in lieu thereof the word "Department".
Section 32. Title 7, Delaware Code, §503, is hereby amended by striking therefrom the word "Board" and inserting in lieu thereof the word "Department".
Section 33. Title 7, Delaware Code, § 504, is hereby amended by striking therefrom the word "Board" and inserting in lieu thereof the word "Department".
Section 34. Title 7, Delaware Code, §508, is hereby amended by striking therefrom the word "Board" and inserting in lieu thereof the word "Department".
Section 35. Title 7, Delaware Code, §509, is hereby amended by striking therefrom the word "Board" and inserting in lieu thereof the word "Department".
Section 36. Title 7, Delaware Code, §511, is hereby amended by striking therefrom the word "Board" wherever it appears and inserting in lieu thereof the word "Department".
Section 37. Title 7, Delaware Code, §512, is hereby amended by striking therefrom the word "Board" and inserting in lieu thereof the word "Department".
Section 38. Title 7, Delaware Code, §513, is hereby amended by striking therefrom the word "Board" wherever it appears and inserting in lieu thereof the word "Department".
Section 39. Title 7, Delaware Code, §514, is hereby amended by striking therefrom the word "Board" wherever it appears and inserting in lieu thereof the word "Department".
Section 40. Title 7, Delaware Code, §515, is hereby amended by striking therefrom the word "Board" wherever it appears and inserting in lieu thereof the word "Department".
Section 41. Title 7, Delaware Code, §516, is hereby amended by striking therefrom the word "Board" wherever it appears and inserting in lieu thereof the word "Department".
Section 42. Title 7, Delaware Code, §518, is hereby amended by striking therefrom the word "Board" and inserting in lieu thereof the word "Department".
Section 43. Title 7, Delaware Code, §519, is hereby amended by striking therefrom the word "Board" wherever it appears and inserting in lieu thereof the word "Department".
Section 44. Title 7, Delaware Code, §552, is hereby amended by striking therefrom the word "Board" and inserting in lieu thereof the word "Department".
Section 45. Title 7, Delaware Code, §561, is hereby amended by striking therefrom the word "Board" wherever it appears and inserting in lieu thereof the word "Department".
Section 46. Title 7, Delaware Code, §562, is hereby amended by striking therefrom the word "Board" and inserting in lieu thereof the word "Department".
Section 47. Title 7, Delaware Code, §563, is hereby amended by striking therefrom the word "Board" and inserting in lieu thereof the word "Department".
Section 48. Title 7, Delaware Code, §571, is hereby amended by striking therefrom the word "Board" wherever it appears and inserting in lieu thereof the word "Department".
Section 49. Title 7, Delaware Code, §572, is hereby amended by striking therefrom the word "Board" and inserting in lieu thereof the word "Department".
Section 50. Title 7, Delaware Code, §582, is hereby amended by striking therefrom the word "Board" wherever it appears and inserting in lieu thereof the word "Department".
Section 51. Title 7, Delaware Code, §583, is hereby amended by striking therefrom the word "Board" wherever it appears and inserting in lieu thereof the word "Department".
Section 52. Title 7, Delaware Code, §584, is hereby amended by striking therefrom the words "BOARD OF GAME AND FISH COMMISSIONERS" and inserting in lieu thereof the words "DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL".
Section 53. Title 7, Delaware Code, §585, is hereby amended by striking therefrom the word "Board" wherever it appears and inserting in lieu thereof the word "Department".
Section 54. Title 7, Delaware Code, §586, is hereby amended by striking therefrom the word "Board" wherever it appears and inserting in lieu thereof the word "Department".
Section 55. Title 7, Delaware Code, §704, is hereby amended by striking therefrom the word "Board" wherever it appears and inserting in lieu thereof the word "Department"
Section 56. Title 7, Delaware Code, §715 (b), is hereby amended by striking therefrom the word "Board" and inserting in lieu thereof the word "Department".
Section 57. Title 7, Delaware Code, §721 (c), is hereby amended by striking therefrom the ward "Board" wherever it appears and the words "Board of Game and Fish Commissioners" and inserting in lieu thereof the word "Department".
Section 58. Title 7, Delaware Code, §722, is hereby amended by striking therefrom the word "Board" wherever it appears and inserting in lieu thereof the word "Department".
Section 59. Title 7, Delaware Code, §741, is hereby amended by striking therefrom the word "Board" and inserting in lieu thereof the word "Department".
Section 60. Title 7, Delaware Code, §743, is hereby amended by striking therefrom the word "Board" and inserting in lieu thereof the word "Department".
Section 61. Title 7, Delaware Code, §916, is hereby amended by striking therefrom the words "Delaware Commission of Shell Fisheries" and inserting in lieu thereof the word "Department".
Section 62. Title 7, Delaware Code, §952, is hereby amended by striking from the first paragraph thereof the words "by any member of the Board of Game and Fish Commissioners" and inserting in lieu thereof the words "the Secretary".
Section 63. Title 7, Delaware Code, §952, is hereby amended by striking from the second paragraph thereof the words "Board of Game and Fish Commissioners" and inserting in lieu thereof the word "Department".
Section 64. Title 7, Delaware Code, §955, is hereby amended by striking therefrom the words "any member of the Board of Game and Fish Commissioners", and inserting in lieu thereof the words "The Secretary, any".
Section 65. Title 7, Delaware Code, §1109, is hereby amended by striking therefrom the words "The Board of Game and Fish Commissioners" and inserting in lieu thereof the words "The Department".
Section 66. Title 7, Delaware Code, §1109, is hereby amended by striking therefrom wherever it appears the word "Board" and inserting in lieu thereof the word "Department".
Section 67. Title 7, Delaware Code, §1111, is hereby amended by striking therefrom, wherever they appear the words "Board of Game and Fish Commissioners" and "Board" and inserting in lieu thereof the word "Department".
Section 68. Title 7, Delaware Code, §1125, is hereby amended by striking therefrom the words "The Board of Game and Fish Commissioners" and inserting in lieu thereof the words "The Department".
Section 69. Title 7, Delaware Code, §1126, is hereby amended by striking therefrom wherever it appears the word "Board" and inserting in lieu thereof the word "Department".
Section 70. Title 7, Delaware Code, §1127, is hereby amended by striking therefrom the word "Board" and inserting in lieu thereof the word "Department".
Section 71. Title 7, Delaware Code, §1129, is hereby amended by striking therefrom the words "Board of Game and Fish Commissioners" and "Board" and inserting in lieu thereof the word "Department".
Section 72. Title 7, Delaware Code, §1130, is hereby amended by striking therefrom the word "Board" and inserting in lieu thereof the word "Department".
Section 73. Title 7, Delaware Code, §1303, is hereby amended by striking therefrom the word "Board" and inserting in lieu thereof the word "Department".
Section 74. Title 7, Delaware Code, §1307, is hereby amended by striking therefrom the words "Board of Game and Fish Commissioners" and inserting in lieu thereof the word "Department".
Section 75. Title 7, Delaware Code, §1701, is hereby amended by striking therefrom wherever they appear the words "Board of Game and Fish Commissioners" and inserting in lieu thereof the word "Department".
Section 76. Title 7, Delaware Code, §1701, is hereby amended by striking therefrom the words "Commission" and "Board" and inserting in lieu thereof the word "Department".
Section 77. Title 7, Delaware Code, §1704 (c), is hereby amended by striking therefrom the words "Board of Game and Fish Commissioners" and inserting in lieu thereof the word "Department".
Section 78. Title 7, Delaware Code, §1705 (c), is hereby amended by striking therefrom the words "Board of Game and Fish Commissioners" and inserting in lieu thereof the word "Department".
Section 79. Title 7, Delaware Code, §1709, is hereby amended by striking therefrom the words "Board of Game and Fish Commissioners" and "Board" and inserting in lieu thereof the word "Department".
Section 80. Title 7, Delaware Code, §1710, is hereby amended by striking therefrom the words "Board of Game and Fish Commissioners" and inserting in lieu thereof the word "Department".
Section 81. Title 7, Delaware Code, §1711, is hereby amended by striking therefrom the words "Board of Game and Fish Commissioners" and "Board", wherever they may appear, and inserting in lieu thereof the word "Department".
Section 82. Title 7, Delaware Code, §1721, is hereby amended by striking therefrom the words "Board of Game and Fish Commissioners" and inserting in lieu thereof the word "Department".
Section 83. Title 7, Delaware Code, §1722, is hereby amended by striking therefrom the word "Board" wherever it appears and inserting in lieu thereof the word "Department".
Section 84. Title 7, Delaware Code, §1725, is hereby amended by striking therefrom the words "Board of Game and Fish Commissioners", "Division", and "Board" and inserting in lieu thereof the word "Department".
Section 85. Title 7, Delaware Code, §5801 (b), is hereby amended by striking therefrom the words "Board of Game and Fish Commissioners" and inserting in lieu thereof the word "Department".
Section 86. Title 7, Delaware Code, §5803, is hereby amended by striking therefrom the words "Board of Game and Fish Commissioners" and "Board", wherever they appear, and inserting in lieu thereof the word "Department".
Section 87. Title 7, Delaware Code, §5806, is hereby amended by striking therefrom the words "Board of Game and Fish Commissioners" and inserting in lieu thereof the word "Department".
Section 88. Title 7, Delaware Code, §1901, §1902, §1903, and §1904, are hereby amended by striking said sections in their entirety.
Section 89. Title 7, Delaware Code, §1905, is hereby amended by striking therefrom the word "Commission" and inserting in lieu thereof the word "Secretary".
Section 90. Title 7, Delaware Code, §1906, is hereby amended by striking therefrom the word "Commission" and inserting in lieu thereof the word "Department".
Section 91. Title 7, Delaware Code, §1907 (a), is hereby amended by striking the following:
"(a) The Commission shall have full control and direction of the shellfish industry and of the protection of shellfish throughout this State. The Commission may, by affirmative vote of a majority of the Commission, adopt, promulgate, amend, and repeal regulations consistent with the law, which shall be enforced by members of the Commission, the Captain or Masters of guard boats, guards, special inspectors employed by the Commission, and any police officer or constable, for the following purposes —"
and inserting in lieu thereof the following:
(a) The Department shall have control and direction of the shellfish industry and of the protection of shellfish throughout this State. The Secretary may adopt, promulgate, amend, and repeal regulations consistent with the law, which shall be enforced by the Department, the Captain or Masters of guard
boats, guards, special inspectors employed by the Department
and any police officer or constable, for the following purposes—.
Section 92. Title 7, Delaware Code, §1907 (b), is hereby amended by striking therefrom the word "Commission" and inserting in lieu thereof the word "Secretary".
Section 93. Title 7, Delaware Code, §1908, is hereby amended by striking therefrom the word "Commission" wherever it appears and inserting in lieu thereof the word "Department".
Section 94. Title 7, Delaware Code, §1909, is hereby amended by striking therefrom the word "Commission" wherever it appears and inserting in lieu thereof the word "Department".
Section 95. Title 7, Delaware Code, §1910, is hereby amended by striking said section in its entirety and inserting in lieu thereof the following new section:
§ 1910. Examination of witnesses; perjury; subpoenas
The Secretary may administer oaths and examine witnesses under oath in any part of this State, in any matter relating to the Shellfish industry. Whoever, having been sworn, willfully gives false testimony, is guilty of perjury. For the purpose of this section, the Secretary may issue subpoenas requiring the attendance of witnesses and the production of books and papers in any part of the State.
Section 96. Title 7, Delaware Code, §2101, is hereby amended by striking therefrom the word "Commission" wherever it appears and inserting in lieu thereof the word "Department".
Section 97. Title 7, Delaware Code, §2106, is hereby amended by striking therefrom the word "Commission", wherever it appears, and inserting in lieu thereof the word "Department".
Section 98. Title 7, Delaware Code, §2107, is hereby amended by striking therefrom the words "Commission" and "Commissioner" and inserting in lieu thereof the word "Department".
Section 99. Title 7, Delaware Code, §2305, is hereby amended by striking therefrom the word "Commission", wherever it appears and inserting in lieu thereof the word "Department".
Section 100. Title 7, Delaware Code, §2701, is hereby amended by striking therefrom the word "Commission" wherever it appears, and inserting in lieu thereof the word "Department".
Section 101. Title 7, Delaware Code, §2706 (a), is hereby amended by striking therefrom the word "Commission" and inserting in lieu thereof the word "Department".
Section 102. Title 7, Delaware Code, §2706 (b), is hereby amended by striking therefrom the words "President and Executive Secretary of the Commission" and inserting in lieu thereof the word "Secretary".
Section 103. Title 7, Delaware Code, §2711, is hereby amended by striking therefrom the word "Commission" and inserting in lieu thereof the word "Department".
Section 104. Title 7, Delaware Code, §2713, is hereby amended by striking therefrom the word "Commission" and inserting in lieu thereof the word "Department".
Section 105. Title 7, Delaware Code, §2716 (c), is hereby amended by striking therefrom the word "Commission", wherever it appears, and inserting in lieu thereof the word "Department",
Section 106. Title 7, Delaware Code, §2717, is hereby amended by striking therefrom the word "Commission", wherever it appears, and inserting in lieu thereof the word "Department".
Section 107. Title 28, Delaware Code, §2113, is hereby amended by striking therefrom the word "Delaware Commission of Shell Fisheries" and inserting in lieu thereof the word "Department".
Section 108. Title 23, Delaware Code, §2114, is hereby amended by striking therefrom the words "Delaware Commission of Shell Fisheries" and inserting in lieu thereof the word "Department".
Section 109. Title 23, Delaware Code, §2115, is hereby amended by striking therefrom the words "Delaware Commission of Shell Fisheries and inserting in lieu thereof the word "Department".
Section 110. Title 23, Delaware Code, §2116, is hereby amended by striking therefrom the words "Delaware Commission of Shell Fisheries, Small Boat Division" and inserting in lieu thereof the word "Department".
Section 111. Title 23, Delaware Code, §2117, is hereby amended by striking therefrom the words "Delaware Commission of Shell Fisheries", wherever they appear, and inserting in lieu thereof the word "Department".
Section 112. Title 23, Delaware Code, §2118, is hereby amended by striking therefrom the words "Delaware Commission of Shell Fisheries", wherever they appear, and inserting in lieu thereof the word "Department".
Section 113. Title 23, Delaware Code, §2120, is hereby amended by striking therefrom the words "Delaware Commission of Shell Fisheries", wherever they appear, and inserting in lieu thereof the word "Department".
Section 114. Title 23, Delaware Code, §2122, is hereby amended by striking therefrom the words "Delaware Commission of Shell Fisheries", wherever they appear, and inserting in lieu thereof the word "Department".
Section 115. Title 23, Delaware Code, §2123, is hereby amended by striking therefrom the words "Game and Fish Commission and the Delaware Commission of Shell Fisheries" and inserting in lieu thereof the word "Department".
Section 116. Title 23, Delaware Code, §2124, is hereby amended by striking therefrom the words "Small Boat Safety Division of the Delaware Commission of Shell Fisheries" and inserting in lieu thereof the word "Department".
Section 117. Title 23, Delaware Code, §2125, is hereby amended by striking therefrom the words "Delaware Commission of Shell Fisheries" and inserting in lieu thereof the word "Department".
Section 118. Title 23, Delaware Code, §2126, is hereby amended by striking therefrom the words "Delaware Commission of Shell Fisheries", wherever they appear, and inserting in lieu thereof the word "Department".
Section 119. Title 23, Delaware Code, §2128, is hereby amended by striking therefrom the words "Delaware Commission of Shell Fisheries", wherever they appear, and inserting in lieu thereof the word "Department".
Section 120. Title 23, Delaware Code, §2129, is hereby amended by striking therefrom the words "Game and Fish Commission" and "Delaware Commission of Shell Fisheries" and inserting in lieu thereof the word "Department".
Section 121. Title 7, Delaware Code, §4519, is hereby amended by striking therefrom the words "State Park Commission of Delaware" and "State Park Commission" wherever they appear and inserting in lieu thereof the words "Department of Natural Resources and Environmental Control",
Section 122. Title 7, Delaware Code, §4701, is hereby amended by striking said section in its entirety.
Section 123. Title 7, Delaware Code, §4702, is hereby amended by striking said section in its entirety.
Section 124. Title 7, Delaware Code, §4703, is hereby amended by striking therefrom the words "Commission", "Commission's" and "State Park Commission of Delaware" wherever they appear and inserting in lieu thereof the words "Department of Natural Resources and Environmental Control".
Section 125. Title 7, Delaware Code, §4705, is hereby amended by striking therefrom the words "State Park Commission" and "Commission" and inserting in lieu thereof the words "Department of Natural Resources and Environmental Control".
Section 126. Title 7, Delaware Code, §4721, is hereby amended by striking therefrom the words "State Park Commission" wherever they appear, and inserting in lieu thereof the words "Department of Natural Resources and Environmental Control".
Section 127. Title 7, Delaware Code, §4723, is hereby amended by striking therefrom the words "State Park Commission" and "Commission" wherever they appear, and inserting in lieu thereof the words "Department of Natural Resources and Environmental Control".
Section 128. Title 7, Delaware Code, §4724, is hereby amended by striking therefrom the words "State Park Commission" and inserting in lieu thereof the words "Department of Natural Resources and Environmental Control".
Section 129. Title 7, Delaware Code, §4730, is hereby amended by striking therefrom the words "Commission" and inserting in lieu thereof the words "Department of Natural Resources and Environmental Control".
Section 130. Title 7, Delaware Code, §4731, is hereby amended by striking therefrom the word "Commission" wherever it appears, and inserting in lieu thereof the words "Department of Natural Resources and Environmental Control".
Section 131. Title 7, Delaware Code, §4732, is hereby amended by striking therefrom the word "Commission" wherever it appears, and inserting in lieu thereof the words "Department of Natural Resources and Environmental Control".
Section 132. Title 7, Delaware Code, §5801, is hereby amended by striking therefrom the words "State Park Commission" and inserting in lieu thereof the words "Department of Natural Resources and Environmental Control".
Section 133. Title 7, Delaware Code, §5802, is hereby amended by striking therefrom the words "State Park Commission", "Commission" and "State Park Commissioners" wherever they appear, and inserting in lieu thereof the words "Department of Natural Resources and Environmental Control".
Section 134. Title 7, Delaware Code, §5804, is hereby amended by striking therefrom the words "State Park Commission" and inserting in lieu thereof the words "Department of Natural Resources and Environmental Control".
Section 135. Title 7, Delaware Code, §5806, is hereby amended by striking therefrom the words "State Park Commission" and inserting in lieu thereof the words "Department of Natural Resources and Environmental control".
Section 136. Title 7, Delaware Code, §2901, is hereby amended by striking §2901 in its entirety.
Section 137. Title 7, Delaware Code, §§2902, 2903 and 2904, are hereby amended by striking said sections in their entirety.
Section 138. Title 7, Delaware Code, §2905, is hereby amended by striking therefrom the words "State Forestry Department" and inserting in lieu thereof the words "Department of Natural Resources and Environmental Control".
Section 139. Title 7, Delaware Code, §2906, is hereby amended by striking therefrom the words "Department" and "State Forestry Department", wherever they appear, and inserting in lieu thereof the words "Department of Natural Resources and Environmental Control".
Section 140. Title 7, Delaware Code, §2907, is hereby amended by striking therefrom the word "Department", wherever it appears, and inserting in lieu thereof the words "Department of Natural Resources and Environmental Control".
Section 141. Title 7, Delaware Code, §2908, is hereby amended by striking therefrom the word "Department" in the first line thereof and the words "State Forester", wherever they appear, and inserting in lieu thereof the words "Department of Natural Resources and Environmental Control" and "Secretary of the Department of Natural Resources and Environmental Control" respectively.
Section 142. Title 7, Delaware Code, §2908, is hereby amended by striking therefrom the words "Department in monthly statements, in form and manner prescribed by the Commission" and inserting in lieu thereof the words "Department of Natural Resources and Environmental Control in monthly statements, in form and manner prescribed by the Department".
Section 143. Title 7, Delaware Code, §2909, is hereby amended by striking therefrom the word "Department" wherever it appears, and inserting in lieu thereof the words "Department of Natural Resources and Environmental Control".
Section 144. Title 7, Delaware Code, §2910, is hereby amended by striking therefrom the word "Department", wherever it appears, and inserting in lieu thereof the words "Department of Natural Resources and Environmental Control",
Section 145. Title 7, Delaware Code, §2911, is hereby amended by striking the word "Department" and inserting in lieu thereof the words "Department of Natural Resources and Environmental Control".
Section 146. Title 7, Delaware Code, §2912, is hereby amended by striking the words "Department" and "Commission", wherever they appear, and inserting in lieu thereof the words "Department of Natural Resources and Environmental Control".
Section 147. Title 7, Delaware Code, §2913, is hereby amended by striking the words "Department" and "Commission", wherever they appear, and inserting in lieu thereof the words "Department of Natural Resources and Environmental Control".
Section 148. Title 7, Delaware Code, §2913, is hereby amended by striking therefrom the words "State Forestry Department" and inserting in lieu thereof the words "Department of Natural Resources and Environmental Control".
Section 149. Title 7, Delaware Code, §2931, is hereby amended by striking the section in its entirety and inserting in lieu thereof a new section as follows;
§ 2931. Qualifications; appointment
The Department of Natural Resources and Environmental Control shall employ a State Forester, who shall be a technically trained forester of not less than two years' experience in professional forestry work.
Section 150. Title 7, Delaware Code, §2932, is hereby amended by striking the section in its entirety and inserting in lieu thereof the following:
§ 2932. Powers and duties
The Department of Natural Resources and Environmental Control shall have direction of all forest interests and all matters pertaining to forestry and woodlands within the State. The Department of Natural Resources and Environmental Control shall execute all matters pertaining to forestry within the jurisdiction of the State; devise and promulgate rules and regulations for the enforcement of the State forestry laws and for the protection of forest lands; direct the improvement of State forest lands; collect data relative to forest conditions and become familiar with and inquire into the locations of all timber land and cut-over lands and prepare maps showing the locations and areas of State forests and privately owned forests, so far as available funds will permit; take such action as is authorized by law to prevent and suppress forest, brush and grass fires; enforce all laws pertaining to forest and brush covered lands and assist in the prosecution, in the name of the State, of violations of said laws; cooperate with the land owners, counties and others in forest production and reforestation; and publish such information on forestry as he deems conducive to promoting the objects of Part III of this title.
Section 151. Title 7, Delaware Code, §2941, is hereby amended by striking the section in its entirety and inserting in lieu thereof the following:
§ 2941. Appointment; certificate; badge
The Department of Natural Resources and Environmental Control may appoint suitable persons to serve under its direction either voluntarily or under compensation as State Forest officers. Each officer so appointed shall be issued a certificate of appointment under the hand of the Secretary and shall be issued a badge as his insignia of authority. The appointee shall hold office until he resigns or his appointment is revoked by the Secretary. Upon termination of appointment, service, or authority the appointee shall surrender and deliver to the Department the certificate, badge and other Department property in its possession."
Section 152. Title 7, Delaware Code, § 2942, is hereby amended by striking therefrom the words "State Forestry Department" and inserting in lieu thereof the words "Department of Natural Resources and Environmental Control".
Section 153. Title 7, Delaware Code, § 2942, is hereby amended by striking therefrom the last sentence in its entirety and inserting in lieu thereof the following new sentence:
Each person appointed and sworn as aforesaid shall be officially known as a State Forest officer.
Section 154. Title 7, Delaware Code, § 2943, is hereby amended by striking therefrom the words "State Forestry".
Section 155. Title 7, Delaware Code, § 2951, is hereby amended by striking therefrom, wherever they appear, the words "State Forester" and inserting in lieu thereof the word "Secretary".
Section 156. Title 7, Delaware Code, § 2951, is hereby amended by striking therefrom the words "State Forestry".
Section 157. Title 7, Delaware Coder § 2952, is hereby amended by striking therefrom the words "State Forester" and inserting in lieu thereof the word "Secretary".
Section 158. Title 7, Delaware Code, §2963, is hereby amended by striking therefrom the words "State Forester" and inserting in lieu thereof the words "Secretary of the Department of Natural Resources and Environmental Control".
Section 159. Title 7, Delaware Code, § 3303, is hereby amended by striking therefrom the words "State Forestry Commission of the State Forester" and inserting in lieu thereof the words "Department of Natural Resources and Environmental Control".
Section 160. Title 7, Delaware Code, § 3503, is hereby amended by striking therefrom the words "State Forestry Commission" and "Commission", wherever they appear, and inserting in lieu thereof the words "Department of Natural Resources and Environmental Control".
Section 161. Title 7, Delaware Code, § 3504, is hereby amended by striking therefrom the word "Commission", wherever it appears, and inserting in lieu thereof the words "Department of Natural Resources and Environmental Control".
Section 162. Title 7, Delaware Code, §3505, is hereby amended by striking therefrom the words "State Forestry Commission", wherever they appear, and inserting in lieu thereof the words "Department of Natural Resources and Environmental Control".
Section 163. Title 7, Delaware Code, § 3506, is hereby amended by striking therefrom the words "State Forestry Department" and inserting in lieu thereof the words "Department of Natural Resources and Environmental Control".
Section 164. Title 7, Delaware Code, §3507, is hereby amended by striking therefrom the words "State Forestry Commission" and "Commission" and inserting in lieu thereof the words "Department of Natural Resources and Environmental Control".
Section 165. Title 7, Delaware Code, § 3508, is hereby amended by striking therefrom the words "State Forester" and "Commission", wherever they appear, and inserting in lieu thereof the words "Department of Natural Resources and Environmental Control".
Section 166. Title 7, Delaware Code, § 3902, is hereby amended by striking therefrom in the fifth paragraph thereof the words " "Delaware Soil and Water Conservation Commission" or "Commission" " and inserting in lieu thereof the words " "Department of Natural Resources and Environmental Control" or "Department" ".
Section 167. Title 7, Delaware Code, §3903, is hereby amended by striking therefrom subsection (a) in its entirety and by striking therefrom "(b)".
Section 168. Title 7, Delaware Code, §3904 (a) and (b) and §3905, are hereby amended by striking said sections in their entirety, §3904 (c) is hereby amended by striking the word "Commission" wherever it appears and inserting in lieu thereof the word "Department".
Section 169. Title 7, Delaware Code, §3906, is hereby amended by striking therefrom the words "Commission", "Soil and Water Conservation Commission" and "Delaware Soil and Water Conservation Commission", wherever they appear, and inserting in lieu thereof the words "Department".
Section 170. Title 7, Delaware Code, §3906, is hereby amended by inserting in subsection (a) (12) after the words "Delaware Water and Air Resources Commission" and before the word "to" the words "The Department of Natural Resources and Environmental Control".
Section 171. Title 7, Delaware Code, §3907, is hereby amended by striking therefrom the word "Commission", wherever it appears, and inserting in lieu thereof the words "Secretary of the Department of Natural Resources and Environmental Control".
Section 172. Title 7, Delaware Code, §3908, is hereby amended by striking therefrom the word "Commission" and inserting in lieu thereof the words "Department of Natural Resources and Environmental Control".
Section 173. Title 7, Delaware Code, §3909, is hereby amended by striking therefrom the word "Commission" and inserting in lieu thereof the words "Department of Natural Resources and Environmental Control".
Section 174. Title 7, Delaware Code, §3911, is hereby amended by inserting in the heading thereof and in the body thereof after the word "Commission" the words "and the Department of Natural Resources and Environmental Control".
Section 175. Title 7, Delaware Code, § 3912, is hereby amended by striking therefrom the words "Commission's" and "Commission", wherever they appear, and inserting in lieu thereof the words "Department".
Section 176. Title 7, Delaware Code, § 3921, is hereby amended by striking therefrom the words "Delaware Soil and Water Conservation Commission", wherever they appear, and inserting in lieu thereof the words "Department of Natural Resources and Environmental Control".
Section 177. Title 7, Delaware Code, § 3922, is hereby amended by striking therefrom the words "Delaware Soil and Water Conservation Commission" and "Commission" and inserting in lieu thereof the words "Department of Natural Resources and Environmental Control".
Section 178. Title 7, Delaware Code, § 3923, is hereby amended by striking therefrom the words "Delaware Soil and Water Conservation Commission" and "Commission", wherever they appear, and inserting in lieu thereof the words "Department of Natural Resources and Environmental Control".
Section 179. Title 7, Delaware Code, § 3924, is hereby amended by striking therefrom the words "Delaware Soil and Water Conservation Commission" and "Commission", wherever they appear, and inserting in lieu thereof the words "Department of Natural Resources and Environmental Control".
Section 180. Title 7, Delaware Code, § 4102, is hereby amended by striking therefrom the words "State Soil Conservation Commission" and inserting in lieu thereof the words "Department of Natural Resources and Environmental Control".
Section 181. Title 7, Delaware Code, § 4109, is hereby amended by striking therefrom the words "State Soil Conservation Commission" and inserting in lieu thereof the words "Department of Natural Resources and Environmental Control".
Section 182. Title 7, Delaware Code, § 4110, is hereby amended by striking therefrom the words "State Soil Conservation Commission" and inserting in lieu thereof the words "Department of Natural Resources and Environmental Control".
Section 183. Title 7, Delaware Code, § 4121, is hereby amended by striking therefrom the words "State Soil Conservation Commission" and inserting in lieu thereof the words "Department of Natural Resources and Environmental Control".
Section 184. Title 7, Delaware Code, § 4123, is hereby amended by striking therefrom the words "State Soil Conservation Commission" and inserting in lieu thereof the words "Department of Natural Resources and Environmental Control".
Section 185. Title 7, Delaware Code, § 4161 (10), is hereby amended by striking therefrom the words "Delaware Soil and Water Conservation Commission" and inserting in lieu thereof the words "Department of Natural Resources and Environmental Control".
Section 186. Title 7, Delaware Code, § 4161 (10) (a), is hereby amended by striking therefrom the words "said Commission" and inserting in lieu thereof the words "the Department of Natural Resources and Environmental Control".
Section 187. Title 7, Delaware Code, § 4161 (10) (b), is hereby amended by striking therefrom the word "Commission" and inserting in lieu thereof the words "Department of Natural Resources and Environmental Control".
Section 188. Title 7, Delaware Code, § 4187, is hereby amended by striking therefrom the words "State Soil Conservation Commission" and inserting in lieu thereof the words "Department of Natural Resources and Environmental Control".
Section 189. Title 7, Delaware Code, § 4189, is hereby amended by striking therefrom the words "State Soil Conservation Commission", wherever they appear, and inserting in lieu thereof the words "Department of Natural Resources and Environmental Control".
Section 190. Title 7, Delaware Code, § 4194, is hereby amended by striking therefrom the words "State Soil Conservation Commission" and inserting in lieu thereof the words "Department of Natural Resources and Environmental Control".
Section 191. Title 7, Delaware Code, §6001 (a) (2), is hereby amended by inserting after the word "Chapter" and before the word "should" the words "and the Department of Natural Resources and Environmental Control".
Section 191A. Title 7, Delaware Code, Chapter 60, is hereby amended by striking §6003 in its entirety.
Section 191B. Title 7, Delaware Code, §6002, is hereby amended by striking subsection (d) in its entirety and inserting in lieu thereof the following new subsection:
(d) The Secretary of Natural Resources and Environmental Control or his duly authorized designee in regulating water and air pollution or any other matters over which he has jurisdiction pursuant to this Title, may enter at reasonable times upon any private or public property for the purposes of investigating conditions within his jurisdiction conferred by this Title upon giving verbal notice and after presenting official identification to the owner, occupant, custodian, or agent of said property.
Section 192. Title 7, Delaware Code, §6004, is hereby amended by striking therefrom the first sentence in its entirety.
Section 193. Title 7, Delaware Code, §6006, is hereby amended by striking the section in its entirety and inserting in lieu thereof the following:
§ 6006. Violations; orders; public hearings before Director; findings
(a) Whenever the Secretary of Natural Resources and Environmental Control determines that a person has violated any of the provisions of this Part, or any rule or regulation duly promulgated thereunder, or any order of the Department, he shall endeavor by conference, conciliation or persuasion to obtain compliance with all requirements of this Part. If such compliance cannot be obtained, he shall give written notice to such person specifying the complaint. Such notice shall require that the matters of complaint be corrected within a reasonable period of time specified therein or that the person complained against appear before the Secretary, or his duly authorized designee, for a public hearing at a time and place specified in the notice and answer the charges. The notice shall be served on such person as summonses are served or by certified mail not less than 20 days before the time set for the hearing.
(b) The person complained against may appear personally or by counsel at the hearing and produce any competent evidence in his behalf in answer to the alleged violation. The Secretary, or his duly authorized designee, shall be authorized to administer oaths, examine witnesses and issue, in the name of the Department, notices of hearings or subpoenas requiring the testimony of witnesses and the production of books, records, or other documents relevant to any matter involved in such hearing; and subpoenas shall also be issued at the request of the applicant or person complained against. In case of contumacy or refusal to obey a notice of hearing or subpoena under this section, the Superior Court in the county in which the hearing is held shall have jurisdiction, upon application of the Secretary, to issue an order requiring such person to appear and testify or produce evidence as the case may require.
() A verbatim transcript and record of the proceedings in all hearings so conducted shall be taken and filed with the Secretary, together with findings and conclusions. On the basis of the evidence presented, the Secretary shall enter such order as, in his opinion, will best further the purposes of the Part and shall promptly give written notice to the persons affected by such order. If the hearing is held before a representative designated by the Secretary, such representative shall transmit the transcript and record of the hearing together with his findings and conclusions, to the Secretary, who shall thereupon review the transcript and record and enter his order. Any affected party shall, upon request, be permitted to appear before the Secretary and present his views prior to issuance of such order where the initial hearing was conducted by a representative of the Secretary.
Section 194. Title 7, Delaware Code, §6007, is hereby amended by striking the section in its entirety and inserting in lieu thereof the following:
§ 6007. Permits; leases; variances and grants; public hearings before Secretary; notice; and waiver
The Secretary or his duly authorized designee shall hold a public hearing with respect to any permit, lease, variance or grant for which a commercial type application is made under this Part. The Secretary or his duly authorized designee may hold a public hearing with respect to any permit, lease, variance or grant for which an individual type application is made under this Part.
(a) For purposes of this Chapter, an individual type application shall mean any application relating to private wells and private sewage systems serving or intended to serve three (3) or less families; open burning for agricultural land clearing purposes recommended by a County Agricultural Agent or the State Forester.
(b) For purposes of this Chapter, a commercial type application shall mean any application not heretofore defined as an individual application.
(c) With respect to any public hearing pursuant to this section, notice shall be served upon the applicant as summonses are served or by registered or certified mail not less than 20 days before the time set for said hearing. Twenty days' notice shall also be published in a newspaper of general circulation throughout the State and, in addition, in a newspaper of general circulation in the county to which the application applies. If an applicant wishes to waive a public hearing, the published notice shall advise interested persons to file any written protests to the application within 10 days. In the absence of such protests, the Secretary may, notwithstanding any other provisions of this section, in his discretion act without a public hearing.
Section 195. Title 7, Delaware Code, §6008, is hereby amended by striking the section in its entirety and inserting in lieu thereof the following:
§ 6008. Appeals from Secretary to Commission; conduct of hearings; records
(a) Any person whose interest is substantially affected by any action or order of the Secretary may appeal to the Water and Air Resources Commission by filing with the Secretary a notice of appeal. The notice shall be filed within 20 days from the date of mailing of the notice of the action or order of the Secretary and shall be signed by the applicant or his attorney. Except when immediate action is required to protect the public health, the action, order or decision of the Secretary shall be stayed pending disposition of the appeal.
(b) Within 20 days from the receipt of the notice of appeal, the Secretary shall prepare and forward to the appellant or his attorney a copy of the transcript and record of the proceedings together with a copy of the order of the Secretary and a copy of the notice of appeal. The Secretary shall also forward a copy of the order of the Secretary and a copy of the notice of appeal to those parties whose names appear on the record of the hearing before the Secretary. All documents shall be certified by the Secretary or his duly authorized designee,
(c) Within 30 days from the filing of the notice of appeal with the Secretary, the appellant shall file the certified transcript and record of the proceedings and the other documents enumerated in subsection (b) of this section with the Commission.
(d) The appellant may appear personally or by counsel at the hearing before the Commission and produce any competent evidence in his behalf. Any member of the Commission, or a representative designated by the Commission, shall be authorized to administer oaths, examine witnesses, and issue in the name of the Commission, notice of hearings or subpoenas requiring the testimony of witnesses and the production of books, records, and other documents relevant to any matter involved in such hearing; and subpoenas shall also be issued at the request of the appellant. In case of contumacy or refusal to obey a notice of hearing or subpoena under this section, the Superior Court in the county in which the hearing is held shall have jurisdiction, upon application of the Commission, to issue an order requiring such person to appear and testify or produce evidence as the case may require.
() A verbatim transcript and record of the proceedings in the hearing so conducted shall be taken and filed with the Commission.
Section 196. Title 7, Delaware Code, § 6009, is hereby amended by striking the section in its entirety and inserting in lieu thereof the following:
§ 6009. Commission findings and order; notice of order
On the basis of the record of the hearing before the Secretary and the evidence if any presented to the Commission, the Commission shall make written findings and conclusions and shall enter such order as, in its opinion, will best further the purposes of this Part and shall promptly give written notice to the persons affected by such order. If the hearing is held before a representative designated by the Commission, such representative shall transmit the transcript and record of the hearing, together with his findings and conclusions to the Commission, which shall thereupon review the record and enter its order. Any affected party shall, upon request, be permitted to appear before the Commission and present his views prior to issuance of such order where the initial hearing was conducted by a representative of the Commission. No order or decision of the Commission shall take effect unless approved in writing by at least a majority of the members of the Commission.
Section 197. Title 7, Delaware Code, §6011, is hereby amended by striking the section in its entirety and inserting in lieu thereof the following:
§ 6011. Rules; regulations and orders; public hearings by Commission
(a) The Commission may adopt reasonable rules and regulations and issue general and specific orders after public hearing thereon following 20 days' notice by publication in at least one newspaper of general circulation throughout the State and in each county of the State. No rule, regulation or general or specific order shall take effect unless approved in writing by at least five members of the Commission.
() Any affected party may appear personally or by counsel at the hearings and present any competent evidence in his behalf. Any member of the Commission or a representative designated by the Commission shall be authorized to administer oaths, examine witnesses, and issue, in the name of the Commission, notices of hearings of subpoenas requiring the testimony of witnesses and the production of books, records or other documents relevant to any matter involved in such hearing. In case of contumacy or refusal to obey a notice of hearing or subpoena issued under this section, the Superior Court in the county involved shall have jurisdiction, upon application of the Commission, to issue an order requiring such person to appear and testify or produce evidence, as the case may require. A verbatim transcript and record of the proceedings in all hearings so conducted shall be taken and filed with the Commission.
Section 198. Title 7, Delaware Code, § 6012, is hereby amended by striking the section in its entirety and inserting in lieu thereof the following:
§ 6012. Appeal from Commission to Superior Court
(a) Any person whose interest is substantially affected by any action, order or decision of the Commission may appeal from any such action, order or decision by filing with the secretary of the Commission a notice of appeal. The notice shall be filed within 20 days from the date of mailing of the notice of the action, order or decision of the Commission and shall be signed by the appellant or his attorney. Except when immediate action is required to protect the public health, the action, order or decision of the Commission shall be stayed pending disposition of the appeal.
(b) Within 20 days from the receipt of the notice of appeal, the Secretary shall prepare and forward to the appellant or his attorney a copy of the transcript and record in the proceedings together with a copy of the order or decision of the Commission and a copy of the notice of appeal. All documents shall be certified by the Secretary or his duly authorized designee.
(c) Within 30 days from the filing of the notice of appeal with the Secretary, the appellant shall file the certified transcript and record of the proceedings and the other documents enumerated in subsection (b) of this section with the Superior Court. The Court shall thereafter have complete jurisdiction of the matter.
(d) All appeals shall be taken to the Superior Court of the county in which the circumstances causing the appeal originated.
(e) The superior Court in which the appeal is perfected shall hear and determine the matter as a suit in law and equity.
() The provisions of this section shall not apply to proceedings pursuant to Chapter 64 of this title.
Section 199. Title 7, Delaware Code, § 6014, is hereby amended by inserting after the word "Commission", wherever it appears, the words "or the Department of Natural Resources and Environmental Control".
Section 200. Title 7, Delaware Code, §6016, is hereby amended by inserting after the word "Commission" and before the word "may" the words "and the Department of Natural Resources and Environmental Control".
Section 201. Title 7, Delaware Code, § 6104, is hereby amended by striking the section in its entirety and inserting in lieu thereof a new section as follows:
§ 6104. Duties and powers in regulation of water resources
(a) The Commission:
(1) Shall formulate and adopt a statewide comprehensive master water plan for the immediate and long-range development and use of the water resources of the State, after holding public hearings with respect thereto and after consulting with water users and interested public bodies;
(2) shall adopt reasonable rules and regulations for surface and underground water resources and uses in the State, issue general and special orders and do all other things necessary and convenient to carry out the foregoing powers and duties; and
(3) shall make its rules and regulations conform to the rules and regulations promulgated under the Delaware River Basin Compact within any area of this State which is subject to regulation under the Compact, notwithstanding any other provision of this chapter.
(b) The Department of Natural Resources and Environmental Control:
(1) shall advise the Delaware member of the Delaware River Basin Commission and his alternate as to the best interests of the State in the overall development of water resources of the Basin and to coordinate the plans of the Commission with those of the Delaware River Basin Commission in such a manner as to insure the best interests of the people of the state;
(2) shall study and investigate matters connected with water uses within the State, cooperate with the State Geologist in the study and investigation of water resources, and make recommendations thereon;
(3) shall approve the allocation and use of water in the State on the basis of equitable apportionment;
(4) shall approve all new plans and designs of all impounding and water facilities of all water resources by any state, county, municipal, public or private water user within the State; and
(5) may require reports from all Delaware water users as to their water facilities and past and present records of water use.
Section 202. Title 7, Delaware Code, § 6105, is hereby amended by striking the word "Commission" and inserting in lieu thereof the words "Department of Natural Resources and Environmental Control".
Section 203. Title 7, Delaware Code, § 6203, is hereby amended by striking the section in its entirety and inserting in lieu thereof a new section as follows:
§ 6203. Powers
(a) The Commission in regulating air pollution pursuant to this chapter:
(1) shall develop a comprehensive program for the prevention and control of all sources of pollution of the air of the State; and
(2) shall promulgate rules and regulations and issue orders consistent with the purposes of this chapter and in accordance with Section 6011 of this title, including regulation of the installation of new equipment which will emit air contaminants.
(3) In exercising the powers conferred by this section, the Commission shall give clue recognition to the fact that the quantity or characteristics of air contaminants or the duration of their presence in the atmosphere, which may cause air pollution in one area of the State, may cause less air pollution or not cause any air pollution in another area of the State and the Commission shall take into consideration in this connection such factors, among others found by it to be proper and just, as existing physical conditions, zoning classifications, topography and prevailing wind direction and speeds, and also the fact that a rule or regulation and the degree of conformance therewith which may be proper as to an essentially residential area of the State may not be proper as to a highly developed industrial area of the State.
(b) The Department of Natural Resources and Environmental Control in regulating air pollution pursuant to this chapter:
(1) shall advise, consult and cooperate with other agencies of the State, political subdivision, industries, other states, the Federal government and with affected groups in furtherance of the purposes of this chapter;
(2) shall encourage and conduct studies, investigations and research relating to air pollution and its causes, prevention, control and abatement, as it may deem advisable and necessary;
(3) may collect and disseminate information relating to air pollution, its prevention and control;
(4) shall consider complaints, make investigations and hold hearings;
(5) may require any person to submit plans for the removal of air contaminants;
(6) shall encourage voluntary cooperation by the people, municipalities, counties, industries and others in restoring and preserving the purity of air within the State;
(7) may employ personnel, including specialists and consultants, purchase materials and supplies, and enter into contracts necessary to carry out the purposes of this chapter;
(8) may enter at reasonable times upon any private or public property for the purpose of investigating conditions relating to air pollution;
(9) shall enforce compliance with the laws of this State relating to pollution of the air;
(0) may represent this State in any and all matters pertaining to plans, procedures or negotiations for interstate compacts in relation to air pollution control; and
(1) may select an advisory committee to study and advise upon specific problems which may arise from time to time.
Section 204. Title 7, Delaware Code, § 6204, is hereby amended by striking therefrom the word "Commission" and inserting in lieu thereof the words "Department of Natural Resources and Environmental Control".
Section 204 A. Title 7, Delaware Code, § 6205, is hereby amended as follows:
(1) By adding after the words "Commission" and before the word "then" in the third line, the words "or the Department of Natural Resources and Environmental Control".
(2) By striking the word "Commission" which appears partly in the third line and partly in the fourth line, and inserting in lieu thereof the word "Department".
(3) By striking "6009" and inserting in lieu thereof "6013".
Section 205. Title 7, Delaware Code, §6206, is hereby amended by striking the word "Commission" and inserting in lieu thereof the words "Department of Natural Resources and Environmental Control".
Section 206. Title 7, Delaware Code, § 6232, is hereby amended by striking therefrom the word "Commission" and inserting in lieu thereof the words "Department of Natural Resources and Environmental Control".
Section 207. Title 7, Delaware Code, § 6233, is hereby amended by striking therefrom the word "Commission", wherever it appears, and inserting in lieu thereof the words "Department of Natural Resources and Environmental Control".
Section 208. Title 7, Delaware Code, § 6303, is hereby amended by striking the section in its entirety and inserting in lieu thereof a new section as follows:
§ 6303. Duties and powers
(a) The Commission, in regulating water pollution pursuant to this chapter, may —
(1) issue general orders, and adopt rules and regulations applicable throughout the State for the installation, use and operation of systems, methods, and means for controlling the pollution of the waters of the State by sewage, industrial wastes, refuse, and other wastes, after notice and hearing as provided by Section 6006 of this title.
(b) The Department of Natural Resources and Environmental Control, in regulating water pollution pursuant to this chapter, may —
(1) exercise general supervision over the administration and enforcement of all laws relating to the pollution of the waters of the State;
(2) study and investigate all problems connected with the pollution of the waters of the State and its control and to make reports and recommendations thereon;
(3) conduct scientific experiments, investigations, and research to discover economical and practicable methods for the elimination, disposal, or treatment of sewage, industrial wastes, and other wastes to control pollution of the waters of the State, and to this end the Commission may cooperate with any public or private agency in the conduct of such experiments, investigations, and research and may receive on behalf of the State any moneys which any such agency may contribute as its share of the cost under such cooperative arrangements;
(4) issue special orders after appropriate notice and hearing, directing particular owners, municipalities, and other political entities, to secure, within a specific time, such operating results toward the control of pollution of the waters as may be reasonable and practicable of attainment;
(5) make investigations and inspections to insure compliance with any general or special orders, rules and regulations which the Commission may issue in the exercise of this power the Commission may require the submission and approval of plans for the installation of systems and devices for handling, treating, or disposing of sewage, industrial, and other wastes; and
(6) enter into arrangements with the responsible authorities of other States, or of the Federal government, subject to approval by the Governor, relative to methods, means, and measures to be employed to control pollution of any interstate streams and other waters and to carry out such agreement by appropriate general and special orders, but this power shall not extend to the modification of any agreement with any other State concluded by direct legislative act, and unless otherwise expressly provided, this Commission shall be the agency for the enforcement for any such legislative agreement.
Section 209. Title 7, Delaware Code, § 6304, is hereby amended by inserting after the word "Commission", wherever it appears, the words "or the Department of Natural Resources and Environmental Control".
Section 210. Title 7, Delaware Code, § 6306, is hereby amended by inserting after the words "Commission" and before the word "may" the words "or the Department of Natural Resources and Environmental Control".
Section 211. Title 7, Delaware Code, § 6307, is hereby amended by striking therefrom the words "Water and Air Resources Commission", wherever they appear, and inserting in lieu thereof the words "Department of Natural Resources and Environmental Control".
Section 212. Title 7, Delaware Code, § 6402, is hereby amended by striking therefrom the words "Board of Game and Fish Commissioners", wherever they appear, and inserting in lieu thereof the words "Department of Natural Resources and Environmental Control".
Section 213. Title 7, Delaware Code, § 604, is hereby amended by striking therefrom the words "Board of Game and Fish Commissioners and the Delaware Commission of Shell Fisheries" and inserting in lieu thereof the words "Department of Natural Resources and Environmental Control"
Section 214. Title 7, Delaware Code, § 6407, is hereby amended by striking therefrom the following:
(3) Board of Game and Fish Commissioners
(4) Delaware Commission of Shell Fisheries
(5) State Board of Health
(6) State Park Commission
(7) State Geologist
(8) The applicant, if any, requesting the hearing
(9) Prospective applicants or bidders, by publication in 2 or more publications of general circulation in the oil and gas industry; and
(10) The public, by publication of the notice once each week for not less than 2 weeks in a newspaper of general circulation throughout the State and in addition in a newspaper of general circulation in the county in which the lands lie or the county or counties contiguous to the area under consideration for bidding.
and inserting in lieu thereof the following:
(3) Department of Natural Resources and Environmental Control
(4) Department of Health and Social Services
(5) State Geologist
(6) The applicant, if any, requesting the hearing
(7) Prospective applicants or bidders, by publication in 2 or more publications of general circulation in the oil and gas industry; and
(8) The public, by publication of the notice once each week for not less than 2 weeks in a newspaper of general circulation throughout the State and in addition in a newspaper of general circulation in the county in which the lands lie or the county or counties contiguous to the area under consideration for bidding.
Section 215. Title '7, Delaware Code, § 6430, is hereby amended by striking therefrom the words "State Treasurer" and inserting in lieu thereof the words "Secretary of Finance".
Section 216. Title 7, Delaware Code, § 6640, is hereby amended by inserting after the word "Geologist", wherever it appears, the words "or the Secretary of Natural Resources and Environmental Control".
Section 217. Title 7, Delaware Code, § 6457, is hereby amended by striking therefrom the words "Executive Director of the Commission" and inserting in lieu thereof the words "Secretary of Natural Resources and Environmental Control".
Section 218. Title 7, Delaware Code, § 6459, is hereby amended by striking therefrom the words "Delaware Commission of Shell Fisheries", wherever they appear, and inserting in lieu thereof the words "Department of Natural Resources and Environmental Control".
Section 219. Title 16, Delaware Code, § 1506, is hereby amended by striking therefrom the words "Water and Air Resources Commission", wherever they appear, and inserting in lieu thereof the words "Department of Natural Resources and Environmental Control".
Section 220. Title 16, Delaware Code, § 1506, is hereby amended by striking therefrom the words "State Board of Health", wherever they appear, and inserting in lieu thereof the words "Department of Health and Social Services".
Section 221. Title 16, Delaware Code, § 1706, is hereby amended by striking therefrom the words "Water and Air Resources Commission", wherever they appear, and inserting in lieu thereof the words "Department of Natural Resources and Environmental Control".
Section 221. (A) Title 29, Delaware Code, Chapter 80, is hereby amended by striking § 8001 in its entirety and adding a new section in lieu thereof as follows:
§ 8001. Establishment of Department of Natural Resources and Environmental Control
(a) A Department of Natural Resources and Environmental Control is established. The Department of Natural Resources and Environmental Control shall have, in addition to the other powers, duties and functions vested in the Department by the provisions of this Chapter, the following powers, duties and functions:
(1) The Department of Natural Resources and Environmental Control shall have the power to perform and shall be responsible for the performance of all the powers, duties and functions heretofore vested in the Highway Department pursuant to the provisions of Title 7, Delaware Code, Chapter 45.
Section 222. Title 29, Delaware Code, Chapter 80, §8003 (e), is hereby amended by adding after the first word "To" the following:
"make and enter into any and all contracts, agreements or stipulations, and to".
Section 223. Title 29, Delaware Code, Chapter 80, § 8007 (a) (1) (ii), is hereby amended by adding a new sentence thereto to read as follows:
§§2909, 2910 and 2911 of Chapter 29 shall, however, be vested in the Department of Agriculture.
Section 224. Title 29, Delaware Code, Chapter 80, § 8013 (a) (1), is hereby amended by adding a new subsection (ii) as follows:
(ii) The provisions of Title 7, Delaware Code, Chapter 64, shall remain vested in the Delaware Water and Air Resources Commission.
Section 225. Title 29, Delaware Code, Chapter 80, § 8013 (a) (2), is hereby amended by striking § 8013 (a) (2) in its entirety and inserting in lieu thereof a new section to read as follows:
(2) In addition to the powers, duties and functions provided in (1) (i) above, the Commission shall hear appeals from any order or action of the Department of Natural Resources and Environmental Control, and may reverse or affirm, wholly or partly, or may modify, the order or action of the Department as provided for in Title 7, Delaware Code, Chapter 60.
Section 226. Title 29, Delaware Code, Chapter 80, § 8013 (a) (3), is hereby amended by adding a new sentence at the beginning thereof as follows:
(3) The administrative, ministerial, fiscal and clerical functions of the Commission shall be performed by the Division of Environmental Control.
Section 227. Title 29, Delaware Code, Chapter 80, § 8013 (a), is hereby amended by adding a subsection (5) as follows:
(5) The Division of Environmental Control shall have the power to perform and shall be responsible for the performance of all of the powers, duties and functions heretofore vested in the Mosquito Control Commission and the State Highway Department pursuant to the provisions of Title 16, Delaware Code, Chapter 19.
Section 228. Title 16, Delaware Code, Chapter 19, § 1901, is hereby amended by striking from the heading and the text thereof the words "State Highway Department" and inserting in lieu thereof the words "Department of Natural Resources and Environmental Control.
Section 229. Title 16, Delaware Code, Chapter 19, § 1901, is hereby amended by adding after the word "Delaware" and before the word "shall" the words "and the State Highway Department".
Section 230. Title 16, Delaware Code, Chapter 19, § 1901, is hereby amended by adding after the last word "Commission." the words "and the State Highway Department.".
Section 231. Title 16, Delaware Code, Chapter 19, § 9102, is hereby amended by striking the words "State Highway Department may —" in the first line thereof and inserting in lieu thereof the words, "Department of Natural Resources and Environmental Control (hereinafter referred to as the Department) may:".
Section 232. Title 16, Delaware Code, Chapter 19, § 1904, is hereby amended by striking from the second line thereof the words "State Highway".
Section 233. Title 16, Delaware Code, Chapter 19, § 1905, is hereby amended by striking from the first line thereof the words "State Highway".
Section 234. Title 29, Delaware Code, Chapter 80, § 8015 (d), is hereby amended by striking the words "the Director,".
Section 235. Title 29, Delaware Code, Chapter 80, § 8015 (d), is hereby amended by striking the word "Division" and inserting in lieu thereof the word "Department".
Section 236. Title 29, Delaware Code, Chapter 80, § 8018, is hereby amended by striking therefrom the "." at the end thereof and inserting the following:
, excepting only those powers, duties and functions herein expressly vested in or retained by any such commission.
Section 237. Title 29, Delaware Code, Chapter 80, is hereby amended by adding a new § 8025 as follows:
§ 8025. Supremacy
All other laws or parts of laws now in effect inconsistent with the provisions of this Chapter are hereby repealed, superseded, modified, or amended so far as necessary to conform to and give full force and effect to the provisions of this Chapter.
Section 238. Title 29, Section 8005 (d), Delaware Code, is amended by striking said subsection (d) in its entirety and inserting in lieu thereof a new subsection (d) to read as follows:
(d) When the number of members of the Council has been reduced to less than seven (7), at least three (3), but more than four (4), of the newly appointed members shall be affiliated with one of the major political parties. At least two (2), but no more than three (3), of the newly appointed members shall be affiliated with the other major political party; provided, however, there shall be no more than a bare majority representation of one major political party over the other major political party. Any person who declines to announce his political affiliation shall also be eligible for appointment as a member of the Council.
Section 239. Title 29, Section 8006 (d), Delaware Code, is amended by striking said subsection (d) in its entirety and inserting in lieu thereof a new subsection (d) to read as follows:
(d) At least three (3), but no more than four (4) of the newly appointed members of the Council shall be affiliated with one of the major political parties and at least two (2), but no more than three (3), of the newly appointed members shall be affiliated with the other major political party; provided, however, there shall be no more than a bare majority representation of one major political party over the other major political party. Any person who declines to announce his political affiliation shall also be eligible for appointment as a member of the Council.
Section 240. Title 29, Section 8008 (d), Delaware Code, is amended by striking said subsection (d) in its entirety and inserting in lieu thereof a new subsection (d) to read as follows:
(d) At least three (3), but no more than four (4) of the newly appointed members of the Council shall be affiliated with one of the major political parties and at least two (2), but no more than three (3), of the newly appointed members shall be affiliated with the other major political party; provided, however, there shall be no more than a bare majority representation of one major political party over the other major political party. Any person who declines to announce his political affiliation shall also be eligible for appointment as a member of the Council.
Section 241. Title 29, Section 8010 (d), Delaware Code, is amended by striking said subsection (d) in its entirety and inserting in lieu thereof a new subsection (d) to read as follows:
(d) At least three (3), but no more than four (4) of the newly appointed members of the Council shall be affiliated with one of the major political parties and at least two (2), but no more than three (3), of the newly appointed members shall be affiliated with the other major political party; provided, however, there shall be no more than a bare majority representation of one major political party over the other major political party. Any person who declines to announce his political affiliation shall be eligible for appointment as a member of the Council.
Section 242. Title 29, Section 8012 (d), Delaware Code, is amended by striking said subsection (d) in its entirety and inserting in lieu thereof a new subsection (d) to read as follows:
(d) When the number of members of the Council has been reduced to less than seven (7), at least three (3), but no more than four (4), of the newly appointed members shall be affiliated with one of the major political parties. At least two (2), but no more than three (3), of the newly appointed members shall be affiliated with the other major political party; provided, however, there shall be no more than a bare majority representation of one major political party over the other major political party. Any person who declines to announce his political affiliation shall be eligible for appointment as a member of the Council.
Section 243. If any provision of this Act, or of any rule, regulation or order thereunder of the application of such provision to any person or circumstances, shall be held invalid, the remainder of this Act and the application of such provisions of the Act or of such rule, regulation or order to persons or circumstances other than those to which it is held invalid, shall not be affected hereby.
Approved July 23, 1970.