CHAPTER 171

FORMERLY

SENATE BILL NO. 126

AS AMENDED BY

SENATE AMENDMENT NO. 1 AND

HOUSE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO WATER WELL PERMITS.

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

Section 1. Amend § 6077 (b) of Title 7 of the Delaware Code by adding the word

"potable" in front of the words "water well" as found in two places in the subsection.

Section 2. Add a new subsection (c) to §6077 of Title 7 of the Delaware Code which shall read as follows:

"(c) This section and any rule of the Department to the contrary notwithstanding, no permit for a non-potable water well may be issued by the Department to an applicant in a municipality serving public water unless the municipality, through its governing body, consents in writing to the issuance of the permit."

Section 2. Amend §6077 by adding thereto a new subsection (c) to read as follows:

"(c) Following the issuance of a non-potable water well permit in an area for which a certificate has been issued pursuant to subsection (a) above, the Secretary shall send a copy of the permit with conditions to the water utility providing water to that area. All non-potable water well permits issued in such an area shall include the following conditions:

(1) Water taken from the well is not be used for human consumption; and

(2) the well shall not, at anytime, be interconnected with any portion of any building's plumbing and/or any water utility's service connection; and

(3) representatives of the Secretary and the water utility that serves the certificated area may inspect the well at any reasonable time to insure that there are no interconnections; and

(2) .that the permit is subject to revocation upon any violation of its permit conditions; upon revocation, the well will be ordered to be abandoned by the Secretary.

Penalties shall be administered pursuant to §§6005 and 6013 of this chapter."

Approved July 7, 1995