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Delaware

Enforcement Orders

Agency Delaware Department of Natural Resources and Environmental Control

The Delaware Department of Natural Resources and Environmental Control (DNREC) posts its enforcement orders on its Secretary's Orders pages. A Secretary's Order is a written decision by the Secretary of DNREC to take a final action on behalf of the Department, and it may apply to regulations, to permitting decisions, or to one of several types of enforcement actions. DNREC says its enforcement collection also includes some settlement agreements, and that where an order stems from a public hearing, a Hearing Officer's Report is included or attached.

In a Phase I ESA

ASTM E1527-21 does not name enforcement lists among its standard record sources. An enforcement record at a property is still worth reading, and the first job is to tell which kind of document it is.

Document What DNREC says it is
Notice of Administrative Penalty Assessment Sets out the facts, background and findings of violations, and gives notice that DNREC intends to assess a monetary penalty based on them.
Notice of Conciliation Sets out the facts, background and findings of violations, and prescribes actions the violator is required to take to come into compliance.
Secretary's Order Orders the violator to take steps to correct violations by a deadline set in the order.
Cease and Desist Order Instructs a violator to cease the offending conduct or activity immediately.
Imminent Hazard Order Used when there is an imminent threat to human health or the environment involving the transportation, treatment or disposal of hazardous wastes; it directs owners or operators of hazardous waste facilities or sites to eliminate the threat in a set time.

Tank cases have steps of their own. DNREC's tanks page says a facility with unresolved violations after the time set in a written notice, such as a Request for Information letter or a Corrective Action Warning letter, may face enforcement. Its tools include a Notice of Violation, a delivery prohibition, referral to the Environmental Crimes Unit, or a Secretary's Enforcement Order.

Where to look a site up

Getting the file

The order itself is linked from the Enforcement Orders page. For other records of the case, the enforcement pages read do not give a records route of their own. DNREC's FOIA page says the Delaware Freedom of Information Act ensures public access to public records held by DNREC; the route is on the DNREC FOIA Requests page.

Sources

Delaware Department of Natural Resources and Environmental Control pages, read October 13, 2026:

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