Governing Law and Regulations
Delaware Penalty Mitigation Policy
Delaware Department of Natural Resources and Environmental Control (DNREC)
See ADDRESSES & CONTACTS for addresses and telephone numbers.
See national section for basic information and federal regulations.
Comparison: State vs. Federal
• Rules. No federal or state laws or regulations require environmental auditing. However, DNREC has established a policy that allows for waiver of administrative and civil penalties when certain conditions of self-disclosure are met by the violator. Although this policy provides for the same relief as an audit statute or regulation, it does not have the same binding effect. The policy does not affect any criminal penalties or liabilities.
• Administration and enforcement. DNREC administers and enforces the Penalty Mitigation Policy, and has the sole authority to determine a source's eligibility under the policy.
PENALTY MITIGATION POLICY
In an effort to encourage voluntary compliance with environmental requirements, DNREC may grant administrative and civil penalty mitigation for self-reported violations. For a copy of the DNREC Penalty Mitigation Policy, click here.
The penalty mitigation policy applies only to businesses with a total of 100 or fewer full-time employees at one or more facilities. The policy automatically applies to businesses that discover and disclose a violation as a direct result of compliance assistance provided by the Small Business Ombudsman or DNREC's Pollution Prevention and Compliance Assistance program, provided the violation is not an exception from the policy, as listed in this section.
The penalty mitigation policy does not apply to any ...