CHAPTER 118

FORMERLY

SENATE BILL NO. 192

AS AMENDED BY HOUSE AMENDMENT NO. 1 AND

SENATE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE REGARDING NOTIFICATION OF DRINKING WATER CONTAMINANTS AND THE ESTABLISHMENT OF THE SAFE DRINKING WATER INFORMATION SYSTEM.

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 Title 16, §122(3)(c)(2) by inserting the phrase ", public notice requirements and operational requirements" after the word "standards" and before the word "for" in the first sentence.

Section 2. Amend Title 16, §122(3)(c)(4) by inserting the phrase ", public notice requirements and operational requirements" after the word "standards" and before the word "adopted" in the first sentence.

Section 3. Amend Title 16, §122(3)(c)(5) by adding the following after the "." at the end of the first sentence:

"It is the purpose of this subparagraph to ensure that the Department has adequate information about the background of applicants or regulated parties for the purposes of processing permits. This includes the ability to identify applicants or regulated parties with histories of environmental violations, or criminal activities and/or associations; or applicants who cannot demonstrate the required responsibility, expertise or competence which is necessary for the proper operation or activity permitted by the Department."

Section 4. Amend Title 16, §122(3)(c) by adding a new subparagraph 7 to read as follows:

"7. Drinking Water Contaminant Notification.

(i) As used in this section, 'Drinking water contaminant' means any physical chemical, biological, or radiological substance or matter in drinking water, the presence of which is confirmed by two or more samples taken at the same location at different times, using recognized practices and procedures, which substance exceeds the minimum drinking water quality standards established in accordance with paragraph (c) of this paragraph.

(ii) Public notification of drinking water contaminants shall be categorized as either an Immediate Notice (Tier 1), Notice as soon as possible (Tier 2), or Ninety-day Notice (Tier 3). A Tier 1 drinking water contaminant notification is required when there is an acute risk to human health arising from the presence of drinking water contaminants in drinking water provided by a public drinking water supplier. A Tier 2 drinking water contaminant notification is required when a public water system provides drinking water containing levels of a contaminant that exceed Federal or State drinking water standards, but does not pose an acute risk to human health or the public drinking water supplier fails to monitor and report water quality information to the Department in accordance with regulations. A Tier 3 drinking water notification is required when a public drinking water system provides water which otherwise does not comply with Federal or State drinking water standards, but the noncompliance does not pose a risk to human health.

(iii) In the event of a Tier 1, Tier 2, or Tier 3 drinking water contaminant incident, the public drinking water supplier shall immediately notify the Department. If the Department deems it necessary, the public drinking water supplier shall also notify its affected customers in accordance with subparagraph iv of this paragraph and Department regulations and such notice shall include, to the maximum extent practicable, the following information:

(aa) A description of the violation or situation, including contaminant levels, if applicable;

(bb) When the violation or situation occurred;

(cc) Recognized potential adverse health effects using standard health effects language as approved by the Division of Public Health;

(dd) The affected population;

(ee) Whether alternative drinking water supplies should be used;

(ff) What action consumers should take;

(gg) What the public drinking water provider is doing to correct the violation or situation;

(hh) When the public drinking water provider expects the system to return to compliance or the situation to be resolved;

(ii) The name, business address, and phone number of the public drinking water system owner or operator; and

(jj) A statement encouraging distribution of the notice to others, where applicable.

(iv) For Tier 1 drinking water contaminant incidents, the information listed in items (aa) through (jj) above, shall be made available to affected customers by the public drinking water supplier, if the Department deems it necessary, as soon as possible but no later than twenty-four hours after the contamination is reported. For Tier 2 drinking water contaminant incidents, the information listed in items (aa) through (jj) above shall be made available to affected customers by the public drinking water supplier, if the Department deems it necessary, as soon as practical but within fourteen calendar days after the contamination is reported. For Tier 3 drinking water contaminant incidents, the information listed in items (aa) through (jj) above shall be made available to affected customers by the public drinking water supplier, if the Department deems it necessary, as soon as practical, but within ninety calendar days after the contamination is reported.

(v) In accordance with the public notification timelines established in paragraph (iv) above, the public drinking water supplier shall also provide the same notification to the elected Council or Levy Court member(s) of any municipality and/or county in which the contamination occurred, the State Representative(s) and Senator(s) in whose district the contamination occurred, and any community or civic group or individual that notifies the public drinking water supplier that they desire to receive such information.

(vi) The public drinking water supplier is not required to report the results of tests for the presence of drinking water contaminants to the Department in cases where the Division of Public Health performs the potable water analyses.

(vii) In the event the public drinking water supplier is unable to provide public notification of a Tier 1, Tier 2, or Tier 3 drinking water contaminant incident, as required by this section, such public drinking water supplier shall be responsible for paying for the cost of any such advertisements and notices made on its behalf by the Department."

Section 5. Amend Title 16, §122(3)(c) by adding a new subparagraph 8 to read as follows:

"8. Regulatory and Compliance Information, Public Drinking Water System Performance and Public Information.

(i) The Department shall develop a Safe Drinking Water Information System that will include general information about public drinking water systems under the Department's regulatory jurisdiction as defined by Title 16. The System shall provide the public with information that indicates when a public drinking water system has been inspected, what violations are detected, when the public drinking water system comes back into compliance, and any enforcement action that results from violations. The Department shall also publish on the Department web site, all Tier 1, Tier 2, and Tier 3 drinking water contaminant public notifications as soon as possible, but within one business day of the release of the notification to the public.

(ii) Delaware public drinking water systems that are identified as a community water system by the Division of Public Health, shall prepare and issue each year, on or before July 1, an annual water quality report to customers served by their drinking water system. The water quality reports shall be provided by parcel post return receipt requested to the Department and the Division of the Public Advocate. In addition, the public drinking water supplier shall notify its customers of the availability of the annual water quality report and provide copies of the report to all individuals, health care providers, or organizations requesting it. The water quality report shall include such information as may be prescribed by the Division of Public Health, including, but not limited to, any environmental violations or enforcement actions taken against the public drinking water supplier by federal, state or local regulatory authorities and the name and contact information of the public drinking water supplier representative. The reports may also include any voluntary activities undertaken by the drinking water supplier to reduce health risks from identified contaminants, including source water assessments, installation of new treatment processes, or such similar environmental improvements undertaken within the previous year or planned for the next five years.

(iii) Any records, reports or information obtained pursuant to this chapter and any permits, permit applications and related documentation shall be available to the public for inspection and copying in accordance with Title 29, Chapter 100."

Approved July 06, 2001