(a) Avoidable pollution or avoidable contamination of the ocean and of the waters covering submerged lands, avoidable pollution or avoidable contamination of the beaches or land underlying the ocean or waters covering submerged lands, or any substantial impairment of and interference with the enjoyment and use thereof, including but not limited to bathing, boating, fishing, fish and wildlife production, and navigation, shall be prohibited and the lessee shall exercise a high degree of care to provide that no oil, tar, residuary product of oil or any refuse of any kind from any well or works shall be permitted to be deposited on or pass into the waters of the ocean, any bay or inlet thereof, or any other waters covering submerged lands; provided, however, that this section does not apply to the deposit on, or passing into, such water or waters not containing any hydrocarbons or vegetable or animal matter.
(b) For the purposes of this section, “avoidable pollution” or “avoidable contamination” means pollution or contamination arising from:
(1) The acts or omissions of the lessee or its officers, employees or agents; or
(2) Events that could have been prevented by the lessee or its officers, employees or agents through the exercise of a high degree of care.
7 Del. C. 1953, § 6419; 55 Del. Laws, c. 442, § 1; 59 Del. Laws, c. 212, § 1.
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