CHAPTER 479

FORMERLY

HOUSE BILL NO. 629

AS AMENDED BY HOUSE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 15, TITLE 16 AND CHAPTER 60, TITLE 7 DELAWARE CODE RELATING TO THE APPROVAL OF PLANS FOR THE CONSTRUCTION AND ALTERATION OF WATER SUPPLY SYSTEMS, WELLS. CESSPOOLS AND DRAINAGE SYSTEMS.

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 Chapter 15, Title 16 Delaware Code by striking the title of said Chapter and substituting in lieu thereof a new chapter title to read as follows:

"CHAPTER 15. CESSPOOLS, PRIVY WELLS, DRAINAGE SYSTEMS AND WATER SUPPLY SYSTEMS".

Section 2. Amend §1501, Chapter 15, Title 16 Delaware Code by striking said section in its entirety and substituting in lien thereof a new §1501 to read as follows:

"§1501. construction of drainage syste and water su ly terns.

The State Board of Health may regulate and prescribe the manner in which all cesspools, privy wells and other drainage systems shall be constructed within the limits of all incorporated towns and at any place within 1 mile from the water supply thereof. The State Board of Health may adopt regulations to insure that water supply systems are constructed or altered In a manner that preserves the quality of water supplied to the public.

As used in this Chapter:

1. 'Water supply system" means all plants, systems, facilities or properties used or useful or having the present capacity for future use in connection the supply or distribution of water, and any integral part thereof, including water distribution systems, mains, laterals, pumping stations, standpipes, filtration plants, purification plants, hydrants, meters, valves and equipment,. appurtenances, and all properties, rights, easements and franchises relating thereto and deemed necessary or convenient by the authority for the operation thereof. Except as otherwise provided in this Chapter, the term 'water supply system' shall not mean a dam, reservoir. surface water intake, waterway obstruction or well."

Section 3. Amend §1506. Chapter 15. Title 16 of the Delaware Code by striking said section In its entirety and substituting in lieu thereof a new section to read as follows:

"§1506. Plans for construction or alteration of a water supply system.

All plans for the construction or alteration of a water supply system shall be submitted to the Division of Public Health of the Department of Health and Social Services for approval before the construction or alteration of said water supply system begins. Notwithstanding the exclusions in Section 1501(b) of this Chapter. the Division of Public Health may review and inspect the construction of wells, darns, reservoirs, surface water intakes and waterway obstructions for health aspects. including but not limited to such features as venting. grouting, integrity of well seals, and protection from contamination. Any negative health aspects observed by the Division of Public Health during such review or inspection shall be referred to the Department of Natural Resources and Environmental Control for investigation, resolution or enforcement action. In addition, and pursuant to 16 Del. C. §7931, a dug well or any type of private water supply that is located where there is access to a public water supply shall not be permitted unless the private water supply is approved in writing by the State Board of Health."

Section 4. Amend §6002(24), Chapter 60, Title 7 of the Delaware Code by striking said Subsection In Its entirety and in lieu thereof add a new Subsection 24 to read as follows:

"(24) 'Water facility' means any well. dam. reservoir. surface water intake or waterway obstruction."

Section 5. Amend §6002, Chapter 60, Title 7, Delaware Code by adding a new subsection to be numbered accordingly which shall read as follows:

"'Well' means any excavation that is drilled, cored, bored. washed, driven, dug, jetted, or otherwise constructed when the intended use of such excavation is for the location, testing. acquisition, or artificial recharge of underground water. and where the depth is greater than the diameter or width."

Approved September 29, 1984.