(a) The Secretary shall develop, implement and enforce, and may amend, modify and repeal, after notice and public hearing, a program to protect the waters of the State from adverse environmental impacts relating to the operation of borrow pits. In addition to any other authority which the Secretary may exercise for the purpose under this chapter or other chapters of the Delaware Code, the Secretary may:
(1) Require borrow pit owners/operators to obtain operating permits from the Department of Natural Resources and Environmental Control;
(2) Require reclamation of abandoned pits by owners/operators;
(3) Require borrow pit owners/operators to secure the borrow pit premises from illegal dumping, disposal of wastes or vandalism; and
(4) Adopt, amend, modify or repeal rules or regulations to effectuate this section.
(b) Fees may be collected or charged for permits to be issued under this section in an amount determined by the issuing authority, which fee shall not exceed the sum of $80 per disturbed acre, per year, per project.
(c) The Secretary may delegate all or part of the program to any county having rules or regulations governing borrow pits which, upon a finding by the Secretary, are at least equivalent to state requirements.
Structure Delaware Code
Chapter 60. ENVIRONMENTAL CONTROL
Subchapter II. Powers and Duties of Secretary and Department
§ 6004. Permit — Application; hearing; extension.
§ 6005. Enforcement; civil and administrative penalties; expenses.
§ 6007. Establishment of Environmental Appeals Board.
§ 6009. Appeal from the Board's decision.
§ 6010. Rules and regulations; plans.
§ 6012. Temporary emergency variances.
§ 6014. Regulatory and compliance information, facility performance and public information.
§ 6015. Interference with Department personnel.
§ 6016. Departmental investigations; witnesses; oaths; attendance.
§ 6017. Sealing noncomplying equipment.
§ 6018. Cease and desist order.
§ 6021. Federal aid; other funds.
§ 6022. Temporary limits and procedures for hazardous operations.
§ 6028. Report of discharge of pollutant or air contaminant.
§ 6029. Limitations on scope of chapter.
§ 6030. Approval of water use.
§ 6031. Obligation of recipients of water allocations.
§ 6034. Sewage system cleansers and additives.
§ 6035. Vessel sewage discharge.
§ 6036. Projects of state significance.
§ 6037. Obligation of persons who contaminate drinking water supplies.
§ 6039. Debris disposal area remediation.
§ 6040. Requirement for scrap tire piles; enforcement.
§ 6041. Scrap Tire Management Fund.
§ 6042. Civil and administrative penalties; Community Environmental Project Fund.