2018 Delaware Code
Title 7 - Conservation
CHAPTER 40. EROSION AND SEDIMENTATION CONTROL
§ 4009. Failure of conservation districts, counties, municipalities or state agencies to implement delegated program elements.
(a) If, at any time, the Department finds that a conservation district, county, municipality or state agency has failed to implement program elements that the Department has delegated, the Department shall provide written notice of violation to the conservation district, county, municipality or state agency.
(b) Within 60 days of receipt of the notice of violation, the conservation district, county, municipality or state agency shall report to the Department the action which it has taken to comply with the requirements set forth in the violation notice.
(c) If after 120 days of receipt of the notice of violation, the conservation district, county, municipality or state agency has failed to comply satisfactorily with requirements set forth in the notice of violation, the Department may suspend or revoke the delegated authority.
(d) If at any time, a program element delegation is being considered for suspension or revocation, an opportunity for a hearing before the Secretary or the Secretary's designee shall be provided prior to such suspension or revocation.
61 Del. Laws, c. 522, § 1; 67 Del. Laws, c. 234, § 1; 70 Del. Laws, c. 186, § 1.
