CHAPTER 361

FORMERLY

HOUSE BILL NO. 572

AS AMENDED BY HOUSE AMENDMENTS NOS. 1 AND 2

AN ACT TO AMEND CHAPTER 60, TITLE 7 OF THE DELAWARE CODE RELATING TO LICENSING OF SITE EVALUATORS, PERCOLATION TESTERS AND ON-SITE SYSTEM DESIGNERS AND CONTRACTORS.

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 60, Title 7 of the Delaware Code by striking Section 6032 in its entirety, and substituting in lieu thereof, the following new Section 6032, to read as follows:

"§6032. Licensing of Site Evaluators, Percolation Testers and On-Site System Designers and Contractors

(a) No person shall conduct percolation tests or soil evaluations or design or install on-site wastewater treatment and disposal systems without first having obtained a license from the Secretary. As a prerequisite of licensing, the Secretary may require the person to demonstrate familiarity with test procedures and applicable regulations, and to sign a statement under penalty of perjury that he will abide by all statutes and regulations governing the design and installation of on site wastewater treatment and disposal systems. In addition, the Secretary may require each licensee or class of licensees to show proof of surety to covet liability for such risks and in such amounts as the Secretary may establish by regulation after public notice in accordance with §6006 of this Title.

(b) Any license 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 such other regulations after public notice and hearing in accordance with §6006 as necessary to accomplish the purposes of this Title.

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

Approved June 30, 1986.