Delaware Code Title 7 Sec. 6093 – Penalty; enforcement
(a) Any person who violates this subchapter or any rule or regulation duly promulgated thereunder or any order of the Secretary issued pursuant to this subchapter shall be punishable as follows:
(1) If a violation has been completed, by a civil penalty imposed by the Justice of the Peace Court of not less than $250 nor more than $1,000 for each completed violation. The Secretary may also seek a permanent or preliminary injunction or temporary restraining order in the Court of Chancery.
(2) If a violation is continuing, the Secretary may seek a monetary penalty as provided in paragraph (a)(1) of this section. If a violation is continuing or is threatened, the Secretary may also seek a temporary restraining order or permanent injunction in the Court of Chancery.
Terms Used In Delaware Code Title 7 Sec. 6093
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Person: means any individual, trust, firm, joint stock company, federal agency, partnership, corporation (including a government corporation), association, state, municipality, commission, political subdivision of a state or any interstate body. See Delaware Code Title 7 Sec. 6091
- Secretary: means the Secretary of the Department of Natural Resources and Environmental Control. See Delaware Code Title 7 Sec. 6091
- Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
(b) The Secretary shall have the authority to enforce this subchapter.