Delaware § 1902 - Department of Natural Resources and Environmental Control — Powers and duties.

§ 1902. Department of Natural Resources and Environmental Control — Powers and duties.

(a) The Department of Natural Resources and Environmental Control, hereinafter referred to as the Department, may:

(1) Take all necessary and proper steps and measures for the eradication of mosquitoes, including but not limited to source reduction methods that alter or eliminate the habitats of immature mosquitoes, biological controls such as native fish stocking, and the application of insecticides by air or ground to control immature or adult mosquitoes, all done in order to effect nuisance relief, to protect public health, and to help avoid adverse impacts to local economies from severe mosquito infestations; and

(2) Treat as nuisances all stagnant pools of water or other breeding places of mosquitoes to help protect the public’s well being and health; and

(3) Purchase all needed equipment, supplies and materials, and employ such labor and services as may be proper or necessary in the furtherance of the objects of this chapter of this title and fix the compensation and prescribe the duties of all employees, agents and servants; and

(4) Enter upon land, whether privately-owned or not, for the purpose of determining the breeding places of immature mosquitoes or occurrence of adult mosquitoes, and treat with proper means all such breeding places or adult mosquito populations wherever situated, doing no unnecessary damage; and

(5) Generally do any and all things necessary or incident to the powers granted and to carry out the objects specified in this chapter of this title. This may include at the Secretary’s discretion the promulgation of rules and regulations to help effectuate the purposes of this subchapter of this chapter of this title.

(b) Control measures taken for the eradication of mosquitoes shall, to the extent practicable, not be injurious to pets, livestock or wildlife. The Department shall perform and exercise the authority and powers granted under this chapter of this title within the limitations of any appropriation made under any appropriation act of the General Assembly for mosquito control purposes.

Code 1935, c. 182;  45 Del. Laws, c. 309, §  1;  46 Del. Laws, c. 309, §  1;  16 Del. C. 1953, §  1902;  76 Del. Laws, c. 151, §  1;