CHAPTER 49

FORMERLY

HOUSE BILL NO. 66

AS AMENDED BY

HOUSE AMENDMENT NO. 1 AND SENATE AMENDMENT NO. 1

AN ACT TO AMEND TITLES 16 AND 26 OF THE DELAWARE CODE RELATING TO THE REGULATION OF PUBLIC WATER SUPPLIERS.

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 §219, Title 26, Delaware Code by deleting said Section in its entirety.

Section 2. Amend §107 of Title 16 of the Delaware Code by redesignating the present Section as subsection "(a)" and by adding a new subsection (b) to §107 so that §107 will read as follows:

"§107. Neglect of Duty; Penalty.

(a) Whoever refuses, fails or neglects to perform the duties required under this Chapter, or violates, neglects, or fails to comply with the duly adopted regulations or orders of the Board, shall be fined not less than $100 and not more than $1000, together with costs, unless otherwise provided by law.

(b) Notwithstanding the foregoing, whoever refuses, fails, or neglects to perform the duties required of public water suppliers under Section 122(3)c of this Chapter; or who violates, neglects, or fails to comply with duly adopted regulations or orders of the Board regarding the duties of public water suppliers, shall be subject to a penalty of up to $1,000 per day, together with costs, for every day from and after the effective date of an order of the Board, specifically directing compliance until such compliance has been achieved. Observance of orders of the Board concerning public water suppliers may also be compelled by mandamus or injunction, in appropriate cases, or by an action to compel the specific performance of the orders so made, or of the duties imposed by law upon such public water supplier. The Board may investigate the financial operations of a public water supplier to the extent necessary to enter an adequate compliance order.

(c)(1) The term 'public water supplier' as used in this section means any person that furnishes water for potable or domestic purposes for consumption in more than 3 dwelling units, or furnishes water for potable or domestic purposes to employees, tenants, members, guests or the public at large in commercial offices, industrial areas, multiple dwellings or semi-public buildings, including, but not limited to, rooming and boarding houses, hotels, motels, tourists cabins, mobile home parks, restaurants, camps of all types, day and boarding schools, clubhouses, hospitals and other institutions, or for use in connection with the manufacture or handling of ice, dairy products, food or drink, or offers any water for sale for potable or domestic purposes.

(2) 'Person' shall include corporations, companies, associations, firms, municipally owned water utilities, partnerships, societies and joint stock companies, as well as individuals.

(3) 'Dwelling unit' means 1 or more rooms arranged for the use of 1 or

more individuals as a single housekeeping unit, with cooking, living, sanitary and sleeping facilities."

Approved June 12, 1995