CHAPTER 206

FORMERLY HOUSE BILL NO. 450

AS AMENDED BY SENATE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 26, DELAWARE CODE, BY ADDING A NEW SECTION THERETO RELATING TO THE DUTIES AND POWERS OF THE PUBLIC SERVICE COMMISSION WITH RESPECT TO PUBLIC WATER SUPPLIERS.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Amend Title 26, Delaware Code, by adding the following new section thereto:

§ 142. Powers of Commission over public water suppliers

(a) Notwithstanding any provision of this chapter to the contrary, the Commission may upon its own motion, in an emergency situation, or after hearing upon notice, by written order require any public water supplier to comply with the regulations adopted by the State Board of Health in conformance with Title 16, Delaware Code, Section 122, (3) (c).

(b) (1) The term 'public water supplier' as used in this section means any person that furnishes water for potable or domestic purposes for consumption in more than three dwelling units, or furnished water for potable or domestic purposes to employees, tenants, members, guests or the public at large in commercial offices, industrial areas, multiple dwellings or semipublic buildings, including, but without limitation, rooming and boarding houses, hotels, motels, tourist cabins, mobile home parks, restaurants, camps of all types, day and boarding schools, clubhouses, hospitals and other institutions, or for use in connection with the manufacture or handling of ice, dairy products, food or drink, or offers any water for sale for potable or domestic purposes.

(2) 'Person' shall include corporations, companies, associations, firms, municipally owned water utilities, partnerships, societies and joint stock companies, as well as individuals.

(3) 'Dwelling unit' means one or more rooms arranged for the use of one or more individuals as a single housekeeping unit, with cooking, living, sanitary and sleeping facilities.

Approved July 3, 1971.