CHAPTER 264

FORMERLY

HOUSE BILL NO. 462

AN ACT TO AMEND CHAPTER 60, TITLE 7 OF THE DELAWARE CODE AUTHORIZING THE DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL TO REQUIRE CERTIFICATION AND INSURANCE FOR CONDUCTING PERCOLATION TESTS FOR SEPTIC TANK SYSTEMS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Chapter 60, Title 7, Delaware Code by adding thereto a new §6031 to read as follows:

§6031. Certification and insurance requirements for percolation tests

(a) Any person who conducts a percolation test and/or draws plans to be used in connection with the installation of septic tank sewage disposal systems or for the obtaining of any permits for any septic tank sewage disposal system shall be certified by the Secretary except that a person performing a test for use in installing a septic tank sewage disposal system for his own residence shall be exempt from this section. As a prerequisite for certification, the Secretary may require the person to demonstrate familiarity with test procedures and the regulations, and to sign a statement under penalty of perjury that he will abide by all statutes and regulations governing the installation of septic tank sewage disposal systems. In addition, the Secretary shall require each such person to show proof of insurance or other surety to cover all liability claims arising out of the use of the results of the percolation test. The minimum acceptable level of insurance or surety shall be $250,000.

(b) Any certification by the Secretary shall be for a fixed term not to exceed three years and shall be renewable upon application.

(c) The Secretary shall adopt any necessary regulation after public notice and hearing in accordance with §6006. The Secretary may increase the level of insurance or other surety from time to time after public notice and hearing.

(d) The certification requirements shall not apply in a county which has been delegated authority to issue septic tank permits pursuant to §6003 (d)."

Approved May 5, 1978.