7 Del. C. § 6042: Civil and administrative penalties; Community Environmental Project Fund.

(a) There is hereby established a Community Environmental Project Fund, referred to herein as the “Fund.” The Fund shall be held as a separate account within the Department and may be invested by the State Treasurer in securities consistent with investment policies established by the Cash Management Policy Board.

(b) The Fund shall consist of 40% of all civil or administrative penalties collected by the Department pursuant to § 4015, § 6005, § 6205, § 6617, § 7011, § 7108, § 7214, § 7906, § 9109, or § 9111 of this title. Forty percent of such civil and administrative penalties are hereby appropriated to the Fund, subject to the requirements of this section.

(c) Moneys shall be expended from the Fund only for Community Environmental Projects, referred to herein as “Projects.” As used herein the term “Community Environmental Project” means a project that is undertaken for the purpose of effecting pollution elimination, minimization, or abatement, or improving conditions within the environment so as to eliminate or minimize risks to human health, or enhancement of natural resources for the purposes of improving indigenous habitats or the recreational opportunities of the citizens of the Delaware. The Secretary may, by regulation, provide for further definition of such Projects.

(d) The Secretary, after consultation with the Community Involvement Advisory Council, shall give priority to Community Environmental Projects which benefit communities that are most impacted by specific infraction(s) or violation(s). Specifically, the Secretary shall determine whether a proposed Project is located within a 2-mile radius of the violation or infraction as part of the evaluation process. The Secretary shall ensure that records identify the location of each civil or administrative penalty. The Secretary shall make eligible communities aware of the Community Environmental Project Fund. No provision of this section shall be construed to require the Department to expend funds from the Fund in the absence of a suitable Project within the community where the violation or infraction occurred. The Secretary may also determine that the requirements of this subsection cannot practicably be met with respect to expenditures from the Fund associated with a penalty from a facility or location because such amount is insufficient or too large to be an appropriate expenditure. The expenditure of funds required under this subsection may be waived by the Secretary, with the concurrence of the Director of the Office of Management and Budget and Controller General.

(e) In the event that the requirements of this section conflict with applicable federal or State of Delaware requirements pertaining to the establishment and collection of penalties or other assessments by the Department, such requirements shall take precedence over the conflicting requirements of this section.

(f) The Department must submit annual reports on the progress of the expenditures or projects conducted with the Community Environmental Project Fund to the Governor and the Chief Clerk of the House of Representatives for distribution to all Representatives, the Secretary of the Senate for distribution to all Senators, and the Director and Librarian of the Division of Legislative Services.