CHAPTER 322

FORMERLY

HOUSE BILL NO. 427

AS AMENDED BY HOUSE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO WATER UTILITIES, WATER SYSTEMS, WATER QUALITY, PENALTIES, AND ENFORCEMENT.

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

Section 1. Amend §122 (3) (c), Chapter 1, Title 16, of the Delaware Code by adding the following at the end of said paragraph:

1. The Department shall monitor water quality for all public water systems serving more than 500 service connections within the State; and

2. The Secretary shall have the authority to establish, after public hearing, minimum drinking water quality standards for such systems. These standards shall include chlorides, copper, iron, manganese, sulfate, total dissolved solids and other standards as determined by the Secretary. Such standards shall be at least as stringent as those adopted by the U. S. Environmental Protection Agency under the Safe Water Act.

3. The Secretary shall have the authority to issue a Certificate of Non-Compliance to any public water system that violates water quality standards as adopted herein. Such Certificate shall require the provider to report within sixty (60) days what measures have been or will be taken to bring the water system into compliance.

4. The Secretary shall have the authority to impose an administrative penalty upon any public water system that violates the water quality standards adopted pursuant to subparagraph 2 of this paragraph. The administrative penalty shall be as follows:

(A) For a system serving a population of more than 10,000 people not less than $1,000 nor more than $10,000 per day per violation; and

(B) For any other system, the administrative penalty shall be not less than $100 nor more than $10,000 per day per violation.

5. The Department shall ensure that all new community and non-transient non-community public water systems commencing operation after October I, 1999 demonstrate technical, managerial, and financial capacity to operate in compliance with State of Delaware Regulations Governing Public Drinking Water Systems and the Federal Safe Drinking Water Act.

6. Should any public water system serving more than 500 service connections within the State fail, without good cause, to meet water quality standards pursuant to this section for a period of time greater than seven consecutive days, or has a history of a recurring problem, the Secretary may notify the Department of Natural Resources and Environmental Control which shall review the public water system's certificate of public convenience and necessity. Additionally, the Secretary shall notify the Public Service Commission which shall review the public water system's rates in light of the quality of service being given.

Approved June 29, 1998