2015 Delaware Code
Title 7 - Conservation
CHAPTER 13. ENFORCEMENT OF GAME AND FISH LAWS
§ 1304 Environmental misdemeanors, environmental violations, sentences and fines.

(a) Violations of Chapters 1, 5, 6, 7, 9, 18, 19, 21, 23, 24, 25, 26, 27, and 28 and of subchapter I of Chapter 11 of this title or Department orders, rules or regulations promulgated to implement provisions of these chapters are designated as environmental misdemeanors and violations.

(b) Environmental misdemeanors and environmental violations are classified for purposes of sentencing into the following 4 categories :

(1) Class A environmental misdemeanors;

(2) Class B environmental misdemeanors;

(3) Class C environmental violations;

(4) Class D environmental violations.

(c) Any violation of Chapters 1, 5, 6 or 7 or of subchapter I of Chapter 11 of this title for which there is no prescribed penalty shall be a class C environmental violation.

(d) Any person convicted of a class A environmental misdemeanor shall be fined not less than $1000, nor more than $10,000, plus the costs of prosecution and court costs, or such person shall be imprisoned for up to 60 days, or such person shall be both fined and imprisoned according to the foregoing limitations. Any person convicted of a class A environmental misdemeanor within 5 years of a prior conviction for a class A environmental misdemeanor shall be fined not less than $2,000, nor more than $20,000, plus the costs of prosecution and court costs, or such person shall be imprisoned for up to 120 days, or such person shall be both fined and imprisoned according to the foregoing limitations.

(e) Any person convicted of a class B environmental misdemeanor shall be fined not less than $250, nor more than $1,000, plus the costs of prosecution and court costs, or such person shall be imprisoned for up to 30 days, or such person shall be both fined and imprisoned according to the foregoing limitations. Any person convicted of a class B environmental misdemeanor within 5 years of a prior conviction for a class B or greater environmental misdemeanor shall be fined not less than $500, nor more than $2,000, plus the costs of prosecution and court costs, or such person shall be imprisoned for up to 60 days, or such person shall be both fined and imprisoned according to aforesaid limitations.

(f) Any person convicted of a class C environmental violation shall be fined not less than $100, nor more than $250, plus the costs of prosecution and court costs. Any person convicted of a class C environmental violation within 5 years of a prior conviction for a class C or greater environmental violation shall be fined not less than $100, nor more than $500, plus the costs of prosecution and court costs, or such person shall be imprisoned for up to 20 days, or such person shall be both fined and imprisoned according to the foregoing limitations.

(g) Any person convicted of a class D environmental violation shall be fined not less than $50, nor more than $100, plus the costs of prosecution and court costs. Any person convicted of a class D environmental violation within 5 years of a prior conviction for a class D or greater environmental violation shall be fined not less than $100, nor more than $500, plus the costs of prosecution and court costs.

(h) Any fine imposed for any environmental misdemeanor shall not be suspended to any amount less than the minimum prescribed fine.

(i) Any conviction of a class C or class D environmental violation, for a first offense, shall not be reported on criminal history records kept by DELJIS or the State. This provision shall not apply to a subsequent conviction of a class C or class D environmental violation within 5 years, and any such subsequent conviction shall be reported. DNREC is authorized to retain records on environmental violations in whatever form the Secretary deems necessary in order to ensure that the second offense and higher penalties are pursued when appropriate, and the Justice of the Peace Courts are instructed to take judicial notice of DNREC's records for this purpose.

26 Del. Laws, c. 164, § 16; 26 Del. Laws, c. 165, § 16; Code 1915, §§ 2391A, 2405; 30 Del. Laws, c. 176, § 3; 40 Del. Laws, c. 191, § 23; Code 1935, §§ 2851, 2865; 7 Del. C. 1953, § 1304; 52 Del. Laws, c. 290; 63 Del. Laws, c. 389, § 2; 70 Del. Laws, c. 275, § 106; 70 Del. Laws, c. 436, § 6; 79 Del. Laws, c. 421, § 6.;