(a) Avoidable pollution or avoidable contamination of the ocean and of the waters covering submerged lands, avoidable pollution or avoidable contamination of the beaches or land underlying the ocean or waters covering submerged lands, or any substantial impairment of and interference with the enjoyment and use thereof, including but not limited to bathing, boating, fishing, fish and wildlife production, and navigation, shall be prohibited and the lessee shall exercise a high degree of care to provide that no oil, tar, residuary product of oil or any refuse of any kind from any well or works shall be permitted to be deposited on or pass into the waters of the ocean, any bay or inlet thereof, or any other waters covering submerged lands; provided, however, that this section does not apply to the deposit on, or passing into, such water or waters not containing any hydrocarbons or vegetable or animal matter.
(b) For the purposes of this section, “avoidable pollution” or “avoidable contamination” means pollution or contamination arising from:
(1) The acts or omissions of the lessee or its officers, employees or agents; or
(2) Events that could have been prevented by the lessee or its officers, employees or agents through the exercise of a high degree of care.
Structure Delaware Code
Chapter 61. MINERALS IN SUBMERGED LANDS
§ 6102. Jurisdiction to lease.
§ 6105. Filing of records of drilling; confidential nature of records.
§ 6106. Unlawful disclosure of information; penalties; jurisdiction of offenses.
§ 6107. Public hearings; notice.
§ 6108. Determination of whether lease is in the public interest.
§ 6110. Form of lease or permit.
§ 6111. Exclusive right to drill and remove minerals.
§ 6114. Rental for leased land.
§ 6116. Cessation of production.
§ 6117. Slant and adjacent drilling.
§ 6118. Restoration of visible lands to original condition.
§ 6119. Pollution and contamination prohibited.
§ 6120. Extension of lease where permits required.
§ 6121. Commencing of operations for drilling.
§ 6123. Assignability of lease.
§ 6124. Protection against drainage.
§ 6126. Cancellation of lease; judicial proceedings.
§ 6127. Lease shall conform to all laws, rules and regulations.
§ 6128. Notice of offer to lease; bid award; fee.
§ 6130. Proceeds to General Fund.
§ 6131. Discriminatory bidding requirements prohibited.
§ 6132. Retention or protection of fill.
§ 6136. Jurisdiction over matters affecting health and safety.
§ 6137. No permit or lease to violators of this chapter.
§ 6138. Rules, regulations, orders.
§ 6140. Delegation of authority.
§ 6142. Violations; enforcement; civil and criminal penalties.