CHAPTER 204

FORMERLY

SENATE BILL NO. 379

AN ACT TO AMEND CHAPTER 65, TITLE 9, DELAWARE CODE, RELATING TO SUSSEX COUNTY SANITARY AND WATER DISTRICTS.

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

Section 1. Amend Chapter 65, Title 9 of the Delaware Code by renumbering Sections 6512 through 6520 as Sections 6513 through 6521 respectively.

Section 2. Further amend Chapter 65, Title 9, Delaware Code, by creating a new Section 6512 to read as follows:

"Section 6512. LOCATION OF SEWAGE TREATMENT PLANTS AND OTHER SEWAGE DISPOSAL FACILITIES.

(a) Notwithstanding any other provision of this Chapter, sewage treatment plants and other sewage or water facilities constructed prior to the effective date of this section may be located outside, in part or in whole, the sewer or water district which they are intended to serve.

(b) Subject to subsection (c), new sewage treatment plants or other new sewage disposal or water facilities constructed pursuant to the provisions of this chapter shall be located within the sanitary sewer or water district which they are intended to serve. Provided, however, that new sewage treatment plants or other new sewage disposal or water facilities constructed pursuant to this chapter may be located outside such sanitary sewer or water district if such district is or has been established on or before January 1, 1991 and the new sewage treatment plants or other sewage disposal or water facilities are not located within three-fourths of one mile of the Indian River or the inland bays exclusive of tributaries to said river and bays.

(c) It shall be permissible to transfer sewage or water from one sewer or water district to another sewer or water district for purposes of treatment and disposal of the sewage, or for purposes of providing water except that sewage or water shall not be transferred pursuant to this subsection to new sewage treatment plants or other new sewage disposal or water facilities located within three-fourths of one mile of the Indian River or inland bays exclusive of tributaries to said river and bays.

(d) The word new within this section means "constructed after the effective date of this section"."

Approved April 18, 1990.