Statutory Authority: 3 Delaware Code, Section 1101 (3 Del.C. § 1011)
ORDER ADOPTING & PROMULGATING REGULATIONS
I. NATURE OF PROCEEDINGS
Pursuant to its authority under 3 Del.C. §l101, the Department proposed to amend its regulations concerning erosion and sedimentation control from silvi-cultural activities. The Department's purpose in proposing these amendments is to streamline the procedures for responding to potential or actual water quality problems caused by timber harvesting activities and to establish an enforcement and penalty scheme for those who fail to obtain and file the necessary permits before commencing such activities.
Notice of the public hearing on the Department's proposed amendments was published in the Delaware Register of Regulations for August 1, 2002 as well as in two Delaware newspapers in general circulation in accordance with 29 Del.C. §10115. Thereafter, the public hearing was held as noticed on Friday, September 6, 2002 before the Department's designee, E. Austin Short, and at which time, no public comments either written or oral having been received, Mr. Short resolved to recommend to the Secretary of the Department that the proposed amended regulations be adopted. This is the Department's Decision and Order adopting the proposed amended regulations.
II. EVIDENCE SUBMITTED AT PUBLIC HEARING
The Department received no written comments in response to the notice of intention to adopt the proposed amended regulations. No public comments were received at the September 6, 2002 public hearing.
III. FINDINGS AND CONCLUSIONS
The public was given the required notice of the Department's intention to adopt the proposed amended regulations and was given ample opportunity to provide the Department with comments opposing the Department's plan. Thus, the Department concludes that its consideration of the proposed amended regulations was entirely within its prerogatives and statutory authority and, having received no comments opposed to adoption, is now free to do so.
IV. ORDER
NOW THEREFORE, it is hereby ordered that:
1. The proposed amendments to the Department's erosion and sedimentation control regulations are adopted;
2. The text of the regulations shall be in the form attached hereto as Exhibit A;
3. The effective date of this Order is ten days from the date of its publication in the Delaware Register of Regulations in accordance with 29 Del.C. §10118(e); and
4. The Department reserves unto itself the authority to issue such other and further orders in this matter as may be just and proper.
Michael T. Scuse,
Secretary Delaware Department of Agriculture, 9/11/02
*Please note that no changes were made to the regulation as originally proposed and published in the August 2002 issue of the Register at page 127 (6 DE Reg. 127). Therefore, the final regulation is not being republished. Please refer to the August 2002 issue of the Register or contact the Division of Professional Regulation.