CHAPTER 302

FORMERLY

HOUSE BILL NO. 512

AS AMENDED BY HOUSE AMENDMENT NO. 1

AN ACT TO AMEND TITLES 7, 16, AND 29 OF THE DELAWARE CODE RELATING TO THE TRANSFER OF CERTAIN RESPONSIBILITIES FROM THE STATE BOARD OF HEALTH TO THE DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL.

WHEREAS, the State Board of Health has the general responsibility for understanding the relative importance of environmental risk to human health and for conducting studies to evaluate risks to human health, and for identifying opportunities to protect the public from such risks; and

WHEREAS, DNREC has the general responsibility for the measurement of harmful substances in the environment, for the identification of pathways likely to lead to human exposure to such harmful substances, and for controlling and preventing such hazards; and

WHEREAS, the State Board of Health and DNREC agree that transferring the recreational water program from the State Board of Health to DNREC would allow the State Board of Health and DNREC to better utilize their resources In carrying out their respective responsibilities; and

WHEREAS, the Committee on Governmental Reorganization and Effectiveness has recommended the transfer of the recreational water program from the State Board of Health to DNREC.

NOW, THEREFORE:

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

Section 6, Amend §6002, Title 7 of the Delaware Code by adding a new definition to read as follows:

"(60) 'Water Supply System' means all plants, systems, facilities, or properties used or useful, or having the present capacity for future use, in connection with the supply or distribution of water, and any integral part thereof, including water distribution systems, mains, laterals, pumping stations, stand pipes, 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, water obstruction or well."

Section 7. Amend §122(3), Title 16 of the Delaware Code by deleting subparagraph §122(3)d. in its entirety and substituting in lieu thereof a new paragraph to read as follows:

"(d) Provide for the sanitary control of public swimming pools."

Section 8. Amend Chapter 60, Title 7 of the Delaware Code by adding a new section 6037B to read as follows:

"6037B Recreational Water.

(a) The Secretary shall provide for the sanitary control of natural swimming and bathing places.

(b) The Secretary shall consult with the Director of the Division of Public Health prior to making any recommendations on swimming or bathing conditions that pose a significant risk to the public health."

Approved July 7, 1994.