CHAPTER 370

FORMERLY

HOUSE BILL NO. 656

AS AMENDED BY HOUSE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 60, TITLE 7 AND CHAPTER 1, TITLE 16 OF THE DELAWARE CODE RELATING TO SEWAGE SYSTEM CLEANERS, ADDITIVES AND INSPECTIONS OF DRINKING WATER.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each House thereof concurring therein):

Section 1. Amend §6002, Chapter 60, Title 7 of the Delaware Code by adding the following new paragraphs:

"(37) 'At Cost' means the expense to the government to conduct tests and analyses. No added service fee, or other fees and charges, may be included in this cost.

'Hydrocarbon Chemical' means any compound composed of carbon and hydrogen.

'Restricted Chemical Material' means (a) any halogenated hydrocarbon chemical (aliphatic or aromatic) including but not limited to trichloroethane, tetrachioroethylene, methylene chloride. halogenated benzenes, carbon tetrachloride, or (b) any aromatic hydrocarbon chemical including, but not limited to, benzene, toluene, naphthalene, or (c) any halogenated phenol derivative in which a hydroxide group and two or more halogen atoms are substituted onto aromatic carbons of a benzene ring including, but not limited to, trichlorophenol, pentachlorophenal, or (d) similar materials Including but not limited to, acroleln, acrylonitrile or benzidene.

'Sewage System' means any part of a wastewater disposal system including, but not limited to. all toilets, urinals, piping, drains, sewers, septic tanks, distribution boxes, absorption fields. seepage pits. cesspools and dry wells.

'Sewage System Cleaner' means (a) any solid or liquid material Intended or used primarily for the purpose of cleaning, treating, or unclogging any part of a sewage system, or (b) any solid or liquid material Intended or used primarily for the purpose of continuously or automatically deodorizing or disinfecting any part of a sewage system including, but not limited to, solid cakes or devices placed in plumbing fixtures. Excluded from this definition are products intended or used primarily in the manual surface cleaning. scouring, treating, deodorizing or disinfection of common pltunbling fixtures."

Section 2. Amend Chapter 60, Title 7 of the Delaware Code by adding a new section to read as follows:

"§6034. Sewage system cleansers and additives.

No person shall distribute, sell, offer or expose for sale in this state any sewage system cleanser or additive containing any restricted chemical material In excess of one part per hundred by weight. The penalty for an Initial violation of this subsection shall be a formal written warning by the Secretary for the first offense: and for any subsequent violation a fine of $500 shall be imposed.

No person shall use, introduce or apply, or cause any other person to use, introduce or apply in any sewage system. surface waters, or groundwaters In this state any sewage system cleaner or additive containing any restricted chemical material or any combination thereof, in excess of one part per hundred. The penalty for violating this subsection shall be a fine of $100 for the first offense and $1,000 for each subsequent offense.

No person shall serve water. or a product containing water, to the public from a well ordered closed due to the presence of restricted chemical materials. The penalty for each such violation shall be a fine of not less than $1,000 nor more than $10,000. Any subsequent violation of this subsection by a violator shall result in the closing of the facility until a new and safe source of water is found and is operative in the facility.

The courts of the Justices of the Peace shall have Jurisdiction over offenses under this section.

The Secretary. with assistance from the Division of Public Health, shall: (I) conduct a public education program by utilizing mass-media instruments within 90 days of the effective date of the act; (2) thereafter. conduct random spot checks in appropriate business concerns to Insure that no restricted chemical materials are on sale; (3) take appropriate enforcement action for violations of the sale or use of restricted chemical materials as provided in subsections (a) and (b) of this section."

Approved July 17, 1984.