1 Del. Admin. Code § 501-10.0

Current through Register Vol. 28, No. 5, November 1, 2024

Section 501-10.0 - Review, Enforcement and Sanctions

10.1 Any person who violates a provision of these Regulations or a License condition shall be subject to the following sanctions:

10.1.1 If the violation has been completed, a civil penalty of not less than One Hundred ($100) Dollars and not more than Five Thousand ($5000) Dollars shall be assessed per violation pursuant to a civil action brought in the Delaware Court of Common Pleas;

10.1.2 For violations of §§ 6430 or 6431 pertaining to infectious waste, if the violation has been completed, a civil penalty of not less than One Thousand ($1,000) Dollars and not more than Ten Thousand ($10,000) Dollars shall be assessed per violation pursuant to a civil action brought in the Delaware Superior Court;

10.1.3 In the alternative, after notice and a hearing before the DSWA board of directors, DSWA may suspend or revoke a License, or DSWA may impose an administrative penalty of between Five Hundred ($500) Dollars and Two Thousand Five Hundred ($2,500) Dollars per violation;

10.1.4 If a violation resulting in sanctions under 10.1.1 through 10.1.3 continues for a number of days, each day of such violation shall be considered a separate completed violation;

10.1.5 If the violation is continuous, or there is substantial likelihood that it will reoccur, DSWA may seek a temporary restraining order, a preliminary injunction or permanent injunction in the Delaware Court of Chancery. 5 DE Reg. 100 (7/1/01)

1 Del. Admin. Code § 501-10.0

5 DE Reg. 100 (7/1/01)

17 DE Reg. 313 (9/1/2013)(Final)