7 Del. Admin. Code § 7201-12.0

Current through Register Vol. 28, No. 7, January 1, 2025

Section 7201-12.0 - Enforcement and Penalties

12.1 Enforcement

12.1.1 Pursuant to 7 Del.C. Ch. 60, the Secretary may enforce the provisions of these regulations, or any condition of any permit issued pursuant to §6003 of the Law by exercising any or a combination of the following options:

12.1.1.1 Seek a civil penalty imposed by Superior Court in accordance with §6005(b)(1) or §6005(b)(2) of the Law;

12.1.1.2 Impose an administrative penalty in accordance with §6005(b)(3) of the Law;

12.1.1.3 Endeavor to obtain voluntary compliance by way of order, warning, notice or other educational means per §6005(b)(2) and §6019 of the Law;

12.1.1.4 Compel compliance through temporary restraining order, injunction or other appropriate remedy under §6005(b)(1) or §6005(b)(2) of the Law;

12.1.1.5 Seek criminal penalties imposed by Superior Court or the courts of the justices of the peace in accordance with §6013 of the Law;

12.1.1.6 In accordance with §6018 of the Law, issue an order to cease and desist from violating these regulations or any permit condition; or

12.1.1.7 In accordance with §6017 of the Law, seal any source required to have a permit which is installed, altered, used or operated without such permit or which is in violation of a cease and desist order.

7 Del. Admin. Code § 7201-12.0