CHAPTER 146

FORMERLY

SENATE BILL NO. 123

AS AMENDED BY HOUSE AMENDMENT NO. 1

AN ACT TO AMEND SUBCHAPTER II OF CHAPTER 60, TITLE 7, DELAWARE CODE, RELATING TO THE DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL ADVERTISING PERMIT APPLICATIONS FOR SOURCES OF WATER OR A SEWAGE SYSTEM FOR THREE OR FEWER FAMILIES, MUNICIPAL OR PUBLICLY OWNED OR OPERATED SEWAGE COLLECTION SYSTEMS NOT HAVING PUMP OR LIFT STATIONS, SMALL COMMERCIAL SEPTIC SYSTEMS, GASOLINE DISPENSING FACILITIES, DRY CLEANING FACILITIES, AND OPEN BURNING.

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

Section 1. Amend §6004(b), Subchapter II, Chapter 60, Title 7 of the Delaware Code by striking in its entirety the following phrase in the first three lines of said subsection:

"...(except an application concerning a source of water or a sewage system for 3 or fewer families or opening burning, on which the Secretary may act without public notification)..."

Section 2. Amend §6004(b), Subchapter II, Chapter 60, Title 7 of the Delaware Code by adding the following language between the letter "(b)" and the word "Upon" in the first line of said subsection and changing the "U" in the word "upon" to a lower case "u";

"(b) Except as otherwise provided in subsection (c) of this Section,"

Section 3. Amend §6004, Subchapter II, Chapter 60, Title 7 of the Delaware Code by adding a new subsection to said Section to read as follows:

"(c) The advertisement and notice requirements set forth in subsection (b) of this Section may not apply to a permit application received by the Department whenever the subject matter of said application relates to the followings (1) Air Quality Control permit applications for open burning, or for the construction or operation of emission control equipment on an existing gasoline dispensing facility, a delivery vessel, or a dry cleaning facility: (2) Water Quality Control permit applications for a source of water for three or fewer families, a sewage system for three or fewer families, a municipal or publicly owned or operated sewage collection system that does not have a pump or lift station, or, a commercial septic system that is used to treat and dispose of five hundred gallons or less per day of domestic waste water only. The Secretary may act without public notice on any permit application that is specified in this subsection."

Section 4. Amend §6002, Subchapter II, Chapter 60, Title 7 of the Delaware Code, by adding a new paragraph to read as follows:

"(36) 'Domestic wastewater' means the liquid and water-borne human and/or household type west derived from residential, industrial, institutional or commercial sources."

Approved July 12, 1983.