reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 16 - Health and Safety › Chapter 12. INFORMED CONSENT AND CONFIDENTIALITY › Subchapter III. Medical Examinations › § 1221. Pelvic, rectal, or prostate examinations.

§ 1221. Pelvic, rectal, or prostate examinations.
(a) A health-care practitioner or a health-care professional may not knowingly perform or supervise the performance of a pelvic, rectal, or prostate examination on a patient who is anesthetized or unconscious unless one of the following applies:
(1) The patient or the person authorized to make health care decisions for the patient has given informed consent to the examination.
(2) The examination is necessary for diagnostic or treatment purposes.
(3) An emergency exists and it and it is impracticable to obtain consent and the examination is necessary for diagnostic or treatment purposes.
(4) A court of competent jurisdiction orders the performance of the examination for the collection of evidence and such order must be issued in compliance with all of the following provisions:
a. The court must find that there is a compelling need for such examination, which cannot be accommodated by other means. In assessing compelling need, the court shall weigh the need for the examination and the disclosure of the results against the privacy interest of the individual to be examined.
b. Pleadings pertaining to the ordering of the examination shall substitute a pseudonym for the true name of the subject of the examination. The true name shall be communicated confidentially to the court and kept under seal of the court.
(b) A health-care practitioner or health-care professional shall notify the patient as soon as reasonably practical that an examination was performed pursuant to § 1221(a)(3) and (4) of this title.
(c) Any health-care practitioner or health-care professional who violates § 1221(a) of this title is subject to discipline by the appropriate professional licensing board.
82 Del. Laws, c. 211, § 1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 12A. NOTIFICATION OF EMERGENCY MEDICAL PROVIDERS OF PERSONS WITH COMMUNICABLE DISEASES › § 1201A. Definitions.

§ 1201A. Definitions.
As used in this chapter:
(1) “Communicable disease” means human immunodeficiency virus, (HIV, the virus that causes AIDS), and hepatitis B.
(2) “Division” means Division of Public Health, Department of Health and Social Services.
(3) “Emergency medical care provider” means a fire fighter, law enforcement officer, paramedic, emergency medical technician, correctional officer, ambulance attendant or other person who serves as an employee or volunteer of an ambulance service and/or provides prehospital emergency medical services.
(4) “Receiving medical facility” means a hospital or similar facility that receives a patient attended by an emergency medical care provider for the purposes of continued medical care.
(5) “Universal precautions” means those precautions, including the appropriate use of hand washing, protective barriers, and care in the use and disposal of needles and other sharp instruments that minimize the risk of transmission of communicable diseases between patients and health-care providers.
68 Del. Laws, c. 415, §  1;  69 Del. Laws, c. 108, §§  1, 2;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 12A. NOTIFICATION OF EMERGENCY MEDICAL PROVIDERS OF PERSONS WITH COMMUNICABLE DISEASES › § 1202A. Report of exposed emergency medical provider.

§ 1202A. Report of exposed emergency medical provider.
(a) An emergency medical care provider may request notification concerning exposure to a communicable disease under this section if the exposure is of a manner known to transmit a communicable disease.
(b) Each employer of an emergency medical care provider, and every organization which supervises volunteer emergency medical care providers, shall designate an officer who shall receive requests for notification from emergency medical care providers; collect facts relating to the circumstances under which the emergency medical provider may have been exposed to a communicable disease; distribute the forms as specified by subsection (c) of this section to receiving medical facilities; report to the emergency medical care provider findings provided by the receiving medical facility; and assist the emergency care provider to take medically appropriate action when necessary. The designated officer shall delegate these duties as may be necessary to ensure compliance with this chapter.
(c) If an emergency medical care provider desires to be notified under this chapter, the officer designated pursuant to subsection (b) of this section shall notify the receiving medical facility within 24 hours after the patient is admitted to or treated by the facility, utilizing a form that is prescribed or approved by the Division of Public Health.
68 Del. Laws, c. 415, §  1;  69 Del. Laws, c. 108, §  3;  70 Del. Laws, c. 147, §  7;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 12A. NOTIFICATION OF EMERGENCY MEDICAL PROVIDERS OF PERSONS WITH COMMUNICABLE DISEASES › § 1203A. Notification by a receiving medical facility.

§ 1203A. Notification by a receiving medical facility.
(a) Each receiving medical facility shall designate an officer or individual who shall receive completed forms as specified by § 1202A(c) of this title, and who shall insure compliance with the requirements of this section.
(b) If, within 30 days after a patient is admitted or treated, a receiving medical care facility determines whether or not the emergency medical care provider has been exposed to a communicable disease, the receiving medical facility shall so notify the officer designated pursuant to § 1202A(b) of this title as soon as possible, but in no case more than 48 hours after that determination. The receiving medical facility shall base this determination upon information provided in the request for notification made pursuant to § 1202A(c) of this title and patient records or a finding at the facility.
(c) If, after expiration of the 30-day period, the receiving medical facility cannot determine whether or not the emergency medical care provider has been exposed to a communicable disease, the receiving medical facility shall notify the officer designated pursuant to § 1202A(b) of this title as soon as possible, but not more than 48 hours after expiration of the 30-day period.
(d) If a request for notification has been made pursuant to § 1202A(c) of this title, the receiving medical facility shall provide to the Division a copy of the form which shall include information about whether or not the patient is infected with a communicable disease; and if exposure to the patient is considered by the receiving medical facility to be in a manner known to transmit that communicable disease. The Division shall settle any disputes regarding whether or not an emergency medical care provider has or has not been exposed to a communicable disease.
68 Del. Laws, c. 415, §  1;  69 Del. Laws, c. 108, §  4;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 12A. NOTIFICATION OF EMERGENCY MEDICAL PROVIDERS OF PERSONS WITH COMMUNICABLE DISEASES › § 1204A. Universal precautions.

§ 1204A. Universal precautions.
In recognition of the importance of universal precautions to the control of communicable diseases from a patient to an emergency medical care provider, education and training with respect to universal precautions shall be a mandatory component of any required training and any required continuing education for all emergency medical care providers who have patient contact. Training requirements for this purpose shall be established by the Division of Public Health.
68 Del. Laws, c. 415, §  1;  70 Del. Laws, c. 147, §  8;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 12A. NOTIFICATION OF EMERGENCY MEDICAL PROVIDERS OF PERSONS WITH COMMUNICABLE DISEASES › § 1205A. Rules and regulations.

§ 1205A. Rules and regulations.
(a) The Division of Public Health shall make such rules and regulations as may in its judgment be necessary to carry out the provisions of this section, and may make additions of other communicable diseases which shall be subject to this chapter.
(b) The Division of Public Health may issue regulations necessary to ensure compliance with this chapter relating to patients who are transferred between institutions, or who may die during or shortly after being transferred. The Division of Public Health shall require emergency medical care facilities to notify the officer designated pursuant to § 1202A(b) of this title when an emergency care provider has been exposed to a communicable disease identified by the Division of Public Health to be transmitted through the air, even if a request for notification has not been made pursuant to § 1202A(c) of this title.
68 Del. Laws, c. 415, §  1;  69 Del. Laws, c. 108, §  5;  70 Del. Laws, c. 147, §§  9, 10;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 12A. NOTIFICATION OF EMERGENCY MEDICAL PROVIDERS OF PERSONS WITH COMMUNICABLE DISEASES › § 1206A. Confidentiality of HIV test results.

§ 1206A. Confidentiality of HIV test results.
A person who has knowledge of the identity of any person upon whom an HIV related test is performed, or the results of such test, in accordance with this chapter, shall maintain the confidentiality of that information pursuant to § 717 of this title.
68 Del. Laws, c. 415, §  1;  78 Del. Laws, c. 277, §§  2, 3;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 12A. NOTIFICATION OF EMERGENCY MEDICAL PROVIDERS OF PERSONS WITH COMMUNICABLE DISEASES › § 1207A. Confidentiality.

§ 1207A. Confidentiality.
All information contained in requests for notification and in the notification itself shall be confidential and used solely for the purposes of complying with this chapter. However, any person or agency, including but not limited to a receiving medical care facility or officer designated pursuant to § 1202A(b) of this title, acting in good faith to provide notification in accordance with this chapter, shall not be liable in any cause of action related to the breach of patient confidentiality.
68 Del. Laws, c. 415, §  1;  69 Del. Laws, c. 108, §  6;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 12A. NOTIFICATION OF EMERGENCY MEDICAL PROVIDERS OF PERSONS WITH COMMUNICABLE DISEASES › § 1208A. Failure to provide notice.

§ 1208A. Failure to provide notice.
A receiving medical care facility or officer designated pursuant to § 1202A(b) of this title, acting in good faith to provide notification in accordance with this chapter, shall not be liable in any cause of action for failure to give the required notice if the emergency medical care provider fails to properly initiate the notification procedures pursuant to § 1202A of this title.
68 Del. Laws, c. 415, §  1;  69 Del. Laws, c. 108, §  7;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 12A. NOTIFICATION OF EMERGENCY MEDICAL PROVIDERS OF PERSONS WITH COMMUNICABLE DISEASES › § 1209A. Minors.

§ 1209A. Minors.
This chapter shall apply in the same manner and to the same extent to any emergency medical care provider who is a minor and above the age of 15, as if such minor were 21 years or older.
69 Del. Laws, c. 108, §  8;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 13. POLLUTION OF STREAMS › § 1301. Pollution of streams supplying drinking water; nuisance; penalty; abatement; jurisdiction.

§ 1301. Pollution of streams supplying drinking water; nuisance; penalty; abatement; jurisdiction.
(a) No person shall cast, put, place, discharge in or permit or suffer to be cast, put, placed, discharged in or to escape into any running stream of water within the limits of this State, from which stream the inhabitants of any borough, town or city within this State are supplied wholly or in part with water for and as drink or beverage, any dye-stuffs, drugs, chemicals or other substance or matter of any kind whatsoever whereby the water so supplied as and for a drink or beverage is made and becomes noxious to the health or disagreeable to the senses of smell or taste.
(b) Whoever violates subsection (a) of this section shall be fined not less than $1,000 nor more than $5,000.
(c) The Superior Court shall have exclusive jurisdiction of offenses under this section.
(d) In addition to the fine imposed under subsection (b) of this section, the Court shall issue an order for the abatement of the nuisance within 20 days after conviction. Any police officer authorized to make arrests in the jurisdiction in which the conviction takes place shall, under such order, unless the nuisance was abated before the expiration of the time allowed for its abatement, abate the same, and to this end shall enter on the premises from which the nuisance proceeded and arrest, stop and put an end to the business from the carrying on of which or in the process of which the nuisance was created and carried on.
12 Del. Laws, c. 405, §§  1, 2;  Code 1915, §§  764, 765;  Code 1935, §§  770, 771;  16 Del. C. 1953, §  1301;  78 Del. Laws, c. 266, §  18;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 13. POLLUTION OF STREAMS › § 1302. Maintenance of privy, hogpen or slaughterhouse near stream supplying drinking water; nuisance; abatement; penalty; jurisdiction.

§ 1302. Maintenance of privy, hogpen or slaughterhouse near stream supplying drinking water; nuisance; abatement; penalty; jurisdiction.
(a) No person shall put or place, or permit to be put, placed or used, any privy, hogpen or slaughterhouse over or so near that the excrement or offal therefrom shall escape or run into any stream of running water within the limits of this State from which the inhabitants of any town, borough or city are wholly or in part furnished with water as a drink or beverage.
(b) Whoever violates subsection (a) of this section shall be fined $100. The Court shall order the nuisance to be abated immediately.
(c) The Superior Court shall have exclusive jurisdiction of offenses under this section.
12 Del. Laws, c. 405, §  3;  Code 1915, §  766;  Code 1935, §  772;  16 Del. C. 1953, §  1302;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 14. WATER AND/OR SEWER AUTHORITIES › § 1403. Amendment of articles of incorporation.

§ 1403. Amendment of articles of incorporation.
Every authority of this State may, from time to time and in the manner hereinafter provided, amend its articles of incorporation and thereby accomplish any 1 or more of the following:
The adoption of a new name, changes in, additions to and diminutions of its powers and purposes, provided that such amendment shall contain only such provisions as it would be lawful or proper to insert in articles of incorporation made at the time of such amendment.
16 Del. C. 1953, §  1403;  49 Del. Laws, c. 417.;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 14. WATER AND/OR SEWER AUTHORITIES › § 1404. Withdrawal or joinder of municipalities; procedure.

§ 1404. Withdrawal or joinder of municipalities; procedure.
(a) Whenever an authority has been incorporated by 2 or more municipalities, any 1 or more of such municipalities may withdraw therefrom and any municipality not having joined in the original incorporation may join in the authority, but no municipality shall be permitted to withdraw from any authority after an obligation has been incurred by the authority.
(b) Any municipality wishing to withdraw from or to become a member of an existing authority shall signify its desire by resolution or ordinance after an enabling referendum. If the authority shall by resolution express its consent to such withdrawal or joining, articles of withdrawal or articles of joinder, as the case may be, shall be executed by the proper officers of the withdrawing or incoming municipality and shall be joined by the proper officers of the governing body of the authority and, in the case of a municipality seeking to become a member of the authority, also by the proper officers of each of the municipalities that are then members of the authority, pursuant to resolutions or ordinances by the governing bodies of such municipalities. In the case of a certificate of joinder, the certificate shall set forth all of the information required in the case of original incorporation insofar as it applies to the incoming municipality including the name and address and term of office of the first member of the board of the authority from the incoming municipality. Articles of withdrawal and articles of joinder shall be filed with the Secretary of State, who shall receive the same and endorse thereon the date and time of such receipt. If the Secretary of State finds that the articles of withdrawal or articles of joinder, as the case may be, conform to law, the Secretary of State shall forthwith endorse the Secretary of State's own approval thereon and issue a certificate of approval to which shall be attached a copy of the approved articles. Upon the issuance of such certificate of approval by the Secretary of State, said articles of withdrawal or articles of joinder, as the case may be, shall become effective and be in full force and effect, and such articles shall be conclusively deemed to have been lawfully and properly adopted. Promptly after the issuance of a certificate of approval the Secretary of State shall record the articles of withdrawal or articles of joinder, as the case may be, together with the endorsements thereon, in the book kept by it for the purpose of recording articles of incorporation.
16 Del. C. 1953, §  1404;  49 Del. Laws, c. 417;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 14. WATER AND/OR SEWER AUTHORITIES › § 1407. Limits of powers.

§ 1407. Limits of powers.
None of the powers granted by this chapter shall be exercised in the construction, improvement, maintenance, extension or operation of any project or projects which in whole or in part shall duplicate or compete with existing utilities, public or private, serving substantially the same purposes. The municipality or municipalities organizing such an authority may, in the resolution or ordinance signifying their intention so to do, or from time to time by subsequent resolution or ordinance, specify the project or projects to be undertaken by the said authority, and no other projects shall be undertaken by the said authority than those so specified. If the municipality or municipalities organizing an authority fail to specify the project or projects to be undertaken, then the authority shall be deemed to have all the powers granted by this chapter.
No municipality which shall have created an authority under this chapter shall thereafter create any other authority serving the whole or any part of the same area. No municipality which shall have joined with any other municipality or municipalities in the creation of any authority under this chapter shall thereafter create or join in the creation of any other authority unless such other municipality or municipalities shall consent thereto by ordinance or resolution after a general referendum.
16 Del. C. 1953, §  1407;  49 Del. Laws, c. 417.;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 14. WATER AND/OR SEWER AUTHORITIES › § 1409. Issuance of revenue bonds — Faith and credit of State or political subdivisions as unaffected.

§ 1409. Issuance of revenue bonds — Faith and credit of State or political subdivisions as unaffected.
Revenue bonds issued under this chapter shall not be deemed to constitute a pledge of the faith and credit of the State or of any political subdivision thereof. All such bonds shall contain a statement on their face substantially to the effect that neither the faith and credit of the State nor the faith and credit of any county, city, town or other subdivision of the State are pledged to the payment of the principal of or the interest on such bonds. The issuance of revenue bonds under this chapter shall not directly or indirectly or contingently obligate the State or any county, city, town or other subdivision of the State to levy any taxes whatever therefor or to make any appropriation for their payment except from the funds pledged under this chapter.
16 Del. C. 1953, §  1409;  49 Del. Laws, c. 417.;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 14. WATER AND/OR SEWER AUTHORITIES › § 1410. Exemption of projects from taxes.

§ 1410. Exemption of projects from taxes.
No authority shall be required to pay any taxes or assessments upon any project acquired, constructed or operated by it under this chapter or upon the income therefrom, and the bonds issued under this chapter, their transfer and the income therefrom (including any profit made on the sale thereof) shall at all times be free from taxation by the State or any of its political subdivisions or by any town or incorporated municipality or any other public agency within the State.
16 Del. C. 1953, §  1410;  49 Del. Laws, c. 417.;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 14. WATER AND/OR SEWER AUTHORITIES › § 1412. Trust agreements to secure bonds; pledges and assignments; contents of authorizing resolutions; depositaries for bond sales proceeds.

§ 1412. Trust agreements to secure bonds; pledges and assignments; contents of authorizing resolutions; depositaries for bond sales proceeds.
(a) In the discretion of the authority, any revenue bonds issued under this chapter may be secured by a trust agreement by and between the authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company.
(b) (1) The resolution authorizing the issuance of the bonds or the trust agreement may pledge or assign the revenues to be received from the operation of the project or projects on account of which the bonds are issued and, in the case of bonds issued to finance a sewerage system, may pledge or assign as security for such bonds the revenues to be received from its water system to the extent authorized by § 1411 of this title, but shall not convey or mortgage any project or any part thereof, and may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the authority in relation to the acquisitions, construction, improvement, maintenance, operation, repair and insurance of the project or projects on account of which such bonds are issued, and provisions for the custody, safeguarding and application of all moneys and for the employment of consulting engineers in connection with such construction, reconstruction or operation.
(2) Such resolution or trust agreement may set forth the rights and remedies of the bondholders and of the trustees in the case of a trust agreement and may restrict the individual right of action by bondholders as is customary in trust agreements or trust indentures securing bonds or debentures of corporations.
(3) In addition to the foregoing, such resolution or trust agreement may contain such other provisions as the authority may deem reasonable and proper for the security of the bondholders.
(c) Except as is in this chapter otherwise provided, the authority may provide for the payment of the proceeds of the sale of the bonds and its revenues to such officer, board or depositary as it may designate for the custody thereof and for the method of disbursement thereof, with such safeguards and restrictions as it may determine.
(d) All expenses incurred in carrying out such resolution or trust agreement may be treated as a part of the cost of operation of the project or projects.
16 Del. C. 1953, §  1412;  49 Del. Laws, c. 417.;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 14. WATER AND/OR SEWER AUTHORITIES › § 1413. Connection with sewerage system by abutting property owners; conditions.

§ 1413. Connection with sewerage system by abutting property owners; conditions.
Upon the acquisition or construction of any sewerage system under this chapter, the owner of each lot or parcel of land which abuts upon a street or other public way containing a sanitary sewer which is a part of or which is served or may be served by such sewerage system and upon which lot or parcel of land a building shall have been constructed for residential, commercial or industrial use, shall, if so required by the rules and regulations or a resolution of the authority, connect such building with such sanitary sewer and shall cease to use any other method for the disposal of sewage, sewage waste or other polluting matter; provided, however, that the owner of such lot or parcel of land having a method for the disposal of sewage, sewage waste or other polluting matter constructed and operated in accordance with standards prescribed or approved by the Secretary of the Department of Natural Resources and Environmental Control shall not be required to make such connection. All such connections shall be made in accordance with rules and regulations which shall be adopted from time to time by the authority, which rules and regulations may provide for a charge for making any such connection in such reasonable amount as the authority may fix and establish.
16 Del. C. 1953, §  1413;  49 Del. Laws, c. 417;  55 Del. Laws, c. 442, §  10;  59 Del. Laws, c. 212, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 14. WATER AND/OR SEWER AUTHORITIES › § 1415. Moneys received as trust funds; fiscal agents to act as trustees.

§ 1415. Moneys received as trust funds; fiscal agents to act as trustees.
All moneys received pursuant to the authority of this chapter, whether as proceeds from the sale of bonds or as revenues, shall be deemed to be trust funds to be held and applied solely as provided in this chapter. The resolution or trust agreement providing for the issuance of revenue bonds of the authority shall provide that any officer to whom or any bank, trust company or other fiscal agent to which such moneys shall be paid shall act as trustees of such moneys and shall hold and apply the same for the purposes hereof, subject to such regulations as such resolution or trust agreement may provide.
16 Del. C. 1953, §  1415;  49 Del. Laws, c. 417.;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 14. WATER AND/OR SEWER AUTHORITIES › § 1416. Rights of bondholders and trustees.

§ 1416. Rights of bondholders and trustees.
Any holder of revenue bonds issued by an authority under this chapter or any of the coupons appertaining thereto and the trustee under any trust agreement, except to the extent the rights herein given may be restricted by the resolution or trust agreement providing for the issuance of such bonds, may either at law or in equity, by suit, mandamus or other proceeding protect and enforce any and all rights under the laws of this State or granted hereunder or under such resolution or trust agreement, and may enforce and compel the performance of all duties required by this chapter or by such resolution or trust agreement to be performed by the authority or by an officer thereof, including the fixing, charging and collecting of rates, fees and charges for the use of or for the services furnished by any project.
16 Del. C. 1953, §  1416;  49 Del. Laws, c. 417.;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 14. WATER AND/OR SEWER AUTHORITIES › § 1417. Revenue refunding bonds; single issues of revenue bonds; applicability thereto of other provisions of this chapter.

§ 1417. Revenue refunding bonds; single issues of revenue bonds; applicability thereto of other provisions of this chapter.
Each authority created hereunder may provide by resolution for the issuance of revenue refunding bonds of the authority for the purpose of refunding any revenue bonds outstanding and issued under this chapter. Each such authority may further provide by resolution for the issuance of a single issue of revenue bonds of the authority for the combined purposes of:
(1) Paying the cost of any project, or the improvement, extension, addition or reconstruction thereof; and
(2) Refunding revenue bonds of the authority which shall theretofore have been issued under this chapter and shall then be outstanding and which shall then have matured or be subject to redemption or can be acquired for retirement.
The issuance of such bonds, the maturities and other details thereof, the rights and remedies of the holders thereof, and the rights, powers, privileges, duties and obligations of the authority with respect to the same, shall be governed by the foregoing provisions of this chapter insofar as the same may be applicable.
16 Del. C. 1953, §  1417;  49 Del. Laws, c. 417.;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 14. WATER AND/OR SEWER AUTHORITIES › § 1418. Accreditation of bonds for investment purposes.

§ 1418. Accreditation of bonds for investment purposes.
Bonds issued under this chapter are made securities in which all public officers and public agencies of the State and its political subdivisions, and all bonds, trust companies, savings and loan associations, investment companies and others carrying on a banking business, all insurance companies and insurance associations and others carrying on an insurance business, all administrators, executors, guardians, trustees and other fiduciaries and other persons may legally and properly invest funds, including capital in their control or belonging to them. Such bonds are made securities which may properly and legally be deposited with and received by any state or municipal officer or any agency or political subdivision of the State for any purpose for which the deposit of bonds or other obligations of the State is now or may hereafter be authorized by law.
16 Del. C. 1953, §  1418;  49 Del. Laws, c. 417.;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 14. WATER AND/OR SEWER AUTHORITIES › § 1419. Transfer of interest by municipalities; use of certain lands; powers of municipalities.

§ 1419. Transfer of interest by municipalities; use of certain lands; powers of municipalities.
(a) Notwithstanding any contrary provision of law, any municipality may transfer jurisdiction over, lease, lend, grant, sell or convey to any authority upon the request of such authority, with or without consideration, any facilities or any right or interest therein or any property appertaining thereto or any real property or estate, right or interest therein for use by such authority in connection with the construction, reconstruction, extension, repair, improvement, maintenance or operation of 1 or more projects upon such terms and conditions as the governing body of such municipality shall determine to be for the best interest of such municipality. The State consents to the use of all lands below high watermark owned or controlled by it and to the use of any land between the right-of-way limits of any state highway which are necessary or desirable in connection with the construction, reconstruction, extension, repair, improvement, maintenance or operation of any project; provided, however, that the use of any portion between the right-of-way limits of a state highway shall be subject to the approval of the State Highway Department.
(b) Each municipality may:
(1) Contract with any authority created hereunder for the collection, treatment or disposal of sewage;
(2) Contract with any authority created hereunder for shutting off the supply of water furnished by any water system owned or operated by such municipality or under its jurisdiction or control to any premises connected with any sewerage system of the authority in the event that the owner, tenant or occupant of such premises shall fail to pay any rates, fees or charges for the use of or for the services furnished by such sewerage system within the time or times specified in such contract;
(3) Contract with any authority with respect to any and all matters and things concerning which such authority is authorized to contract with such municipality under this chapter;
(4) Loan to any newly created authority money for the purpose of providing funds to pay the organization and preliminary expenses of such authority on condition that such moneys shall be repaid out of the proceeds of the first issue of such authority.
16 Del. C. 1953, §  1419;  49 Del. Laws, c. 417.;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 14. WATER AND/OR SEWER AUTHORITIES › § 1420. Transfer of projects to municipalities; conditions; termination of authorities.

§ 1420. Transfer of projects to municipalities; conditions; termination of authorities.
When any authority shall have paid or provided for the payment of the principal of and the interest on all bonds secured by a pledge of any of the revenues of a project, it may (subject to any agreements concerning the operation or disposition of such project) grant and convey such project to the municipality or municipalities composing the authority. When any authority shall have paid or made provisions for the payment of the principal of and the interest on all bonds issued by it and settled all other claims against it, it may terminate its existence. A certificate, requesting the termination of the existence of the authority, signed by the proper officers of the authority and stating that the principal of and the interest on all bonds issued by it have been paid or that provisions for such payment have been made and that all claims against the authority have been settled shall be filed with the Secretary of State. If the certificate is approved by the municipality or municipalities composing the authority by ordinance or resolution, the Secretary of State shall note the termination of existence on the records of the Secretary of State and issue its certificate of approval to the board and thereupon the authority shall cease to exist.
16 Del. C. 1953, §  1420;  49 Del. Laws, c. 417.;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 14. WATER AND/OR SEWER AUTHORITIES › § 1420A. Incorporation of project within other governmental system; assumption of debt.

§ 1420A. Incorporation of project within other governmental system; assumption of debt.
No project acquired or constructed by an authority pursuant to this chapter may be incorporated within any other governmental system except upon the assumption without surcharge to the authority or its customers by the governing body of that government of full responsibility for payments of any outstanding revenue bonds issued by the authority to finance the acquisition or construction of the project.
63 Del. Laws, c. 23, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 14. WATER AND/OR SEWER AUTHORITIES › § 1421. Scope and construction of chapter.

§ 1421. Scope and construction of chapter.
This chapter shall constitute full and complete authority, without regard to any other law for the doing of the acts and things herein authorized, and shall be liberally construed to effect the purposes hereof; provided, however, that nothing herein contained shall be taken as restricting any control which the Department of Health and Social Services, State Highway Department and the Water Pollution Commission are empowered to exercise over or within any authority.
The foregoing sections of this chapter shall be deemed to provide an additional and alternative method for the doing of the things authorized thereby and shall be regarded as supplemental and additional to powers conferred by other laws and shall not be regarded as in derogation of any powers not existing.
16 Del. C. 1953, §  1421;  49 Del. Laws, c. 417;  70 Del. Laws, c. 149, §  107;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 15. CESSPOOLS, PRIVY WELLS, DRAINAGE SYSTEMS AND WATER SUPPLY SYSTEMS › § 1501. Regulating construction of drainage systems and water supply systems.

§ 1501. Regulating construction of drainage systems and water supply systems.
(a) The Department of Health and Social Services may regulate and prescribe the manner in which all cesspools, privy wells and other drainage systems shall be constructed within the limits of all incorporated towns and at any place within 1 mile from the water supply thereof. The Department of Health and Social Services may adopt regulations to insure that water supply systems are constructed or altered in a manner that preserves the quality of water supplied to the public.
(b) As used in this chapter, “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, standpipes, 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, waterway obstruction or well.
33 Del. Laws, c. 56, §  2;  33 Del. Laws, c. 57, §  4;  34 Del. Laws, c. 66, §  1;  34 Del. Laws, c. 69, §  1;  Code 1935, §  859;  16 Del. C. 1953, §  1501;  64 Del. Laws, c. 479, §  2;  70 Del. Laws, c. 149, §  108;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 15. CESSPOOLS, PRIVY WELLS, DRAINAGE SYSTEMS AND WATER SUPPLY SYSTEMS › § 1502. Changing existing drainage systems.

§ 1502. Changing existing drainage systems.
The Department of Health and Social Services may order and direct any changes in the construction of any cesspool or privy well or other drainage already constructed and used on any property in any incorporated town or within 1 mile of the water supply of the town which it deems necessary for the protection of the health of the inhabitants of the town or for the protection of the water supply thereof.
33 Del. Laws, c. 56, §  3;  33 Del. Laws, c. 57, §  4;  34 Del. Laws, c. 66, §  1;  34 Del. Laws, c. 69, §  1;  Code 1935, §  860;  16 Del. C. 1953, §  1502;  70 Del. Laws, c. 149, §  109;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 15. CESSPOOLS, PRIVY WELLS, DRAINAGE SYSTEMS AND WATER SUPPLY SYSTEMS › § 1503. Construction changes in drainage systems.

§ 1503. Construction changes in drainage systems.
The Department of Health and Social Services may order and direct that the owner of any property on which there is a cesspool or privy well and all other drainage already in use in any incorporated town or within 1 mile from the water supply of the town shall so change and construct the same out of brick and cement or concrete in such manner as to prevent the contents thereof from oozing through or passing into the soil around the cesspool or privy well or from overflowing over the top thereof.
33 Del. Laws, c. 56, §  4;  33 Del. Laws, c. 57, §  4;  34 Del. Laws, c. 66, §  1;  34 Del. Laws, c. 69, §  1;  Code 1935, §  861;  16 Del. C. 1953, §  1503;  70 Del. Laws, c. 149, §  110;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 15. CESSPOOLS, PRIVY WELLS, DRAINAGE SYSTEMS AND WATER SUPPLY SYSTEMS › § 1504. Prohibiting surface drainage.

§ 1504. Prohibiting surface drainage.
The Department of Health and Social Services may prohibit the owner or tenant of any property within any incorporated town or within 1 mile from the water supply thereof from discharging any sewerage or drainage from any house or building on or over the surface of the ground adjoining the same whenever it determines that the same is detrimental to the health of the inhabitants of the town or those living within 1 mile from the water supply thereof.
33 Del. Laws, c. 56, §  5;  33 Del. Laws, c. 57, §  4;  34 Del. Laws, c. 66, §  1;  34 Del. Laws, c. 69, §  1;  Code 1935, §  862;  16 Del. C. 1953, §  1504;  70 Del. Laws, c. 149, §  111;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 15. CESSPOOLS, PRIVY WELLS, DRAINAGE SYSTEMS AND WATER SUPPLY SYSTEMS › § 1505. Cleaning of cesspools and privy wells.

§ 1505. Cleaning of cesspools and privy wells.
The Department of Health and Social Services may order and direct the owner or tenant of any property within any incorporated town or within 1 mile from the water supply thereof on which there is a cesspool or privy well to clean the same in such manner as it directs whenever it deems the cleaning thereof to be necessary. Whoever neglects or refuses to comply with the order within 30 days from the time notice of the order is served shall be subject to the fines and penalties provided in § 1507 of this title for the violation of this chapter.
33 Del. Laws, c. 56, §  6;  33 Del. Laws, c. 57, §  4;  34 Del. Laws, c. 66, §  1;  34 Del. Laws, c. 69, §  1;  Code 1935, §  863;  16 Del. C. 1953, §  1505;  70 Del. Laws, c. 149, §  112;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 15. CESSPOOLS, PRIVY WELLS, DRAINAGE SYSTEMS AND WATER SUPPLY SYSTEMS › § 1506. Plans for construction or alteration of a water supply system.

§ 1506. Plans for construction or alteration of a water supply system.
All plans for the construction or alteration of a water supply system shall be submitted to the Division of Public Health of the Department of Health and Social Services for approval before the construction or alteration of said water supply system begins. Notwithstanding the exclusions in § 1501(b) of this title, the Division of Public Health may review and inspect the construction of wells, dams, reservoirs, surface water intakes and waterway obstructions for health aspects, including but not limited to such features as venting, grouting, integrity of well seals and protection from contamination. Any negative health aspects observed by the Division of Public Health during such review or inspection shall be referred to the Department of Natural Resources and Environmental Control for investigation, resolution or enforcement action. In addition, and pursuant to § 7931 of this title, a dug well or any type of private water supply that is located where there is access to a public water supply shall not be permitted unless the private water supply is approved in writing by the Department of Health and Social Services.
34 Del. Laws, c. 66, §  1;  34 Del. Laws, c. 69, §  1;  Code 1935, §  864;  16 Del. C. 1953, §  1506;  55 Del. Laws, c. 442, §  9;  56 Del. Laws, c. 372, §  2;  57 Del. Laws, c. 739, §§  219, 220;  64 Del. Laws, c. 479, §  3;  70 Del. Laws, c. 149, §  113;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 15. CESSPOOLS, PRIVY WELLS, DRAINAGE SYSTEMS AND WATER SUPPLY SYSTEMS › § 1507. Penalties; jurisdiction.

§ 1507. Penalties; jurisdiction.
(a) Whoever violates this chapter or any order or regulation of the Department of Health and Social Services or any laws of this State conferring powers upon boards of health or refuses or omits to obey such order and regulation within the time prescribed for the performance thereof, or obstructs or interferes with the execution of such order or regulation, shall, for the first offense, be fined not less than $10 and not more than $100 and for any subsequent offense not less than $25 nor more than $200.
(b) Prosecutions under this section may be brought before the alderperson of the incorporated town in which the violation occurs.
33 Del. Laws, c. 56, §  7;  33 Del. Laws, c. 57, §  4;  34 Del. Laws, c. 66, §  1;  34 Del. Laws, c. 69, §  1;  Code 1935, §  865;  16 Del. C. 1953, §  1507;  70 Del. Laws, c. 149, §  114;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 16. LITTER CONTROL LAW › § 1602. Declaration of intent.

§ 1602. Declaration of intent.
It is the intention of this chapter to end littering on public or private property, including bodies of water, as a threat to the health and safety of the citizens, fish, birds, and other animals of this State. It is also the intent of the General Assembly to single out for enhanced penalties those who dump a substantial quantity of litter in violation of this chapter.
60 Del. Laws, c. 613, §  1;  82 Del. Laws, c. 167, § 1;  83 Del. Laws, c. 180, § 1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 16. LITTER CONTROL LAW › § 1603. Definitions.

§ 1603. Definitions.
As used in this chapter:
(1) “Balloon” means a bag made from rubber, latex, polychloroprene, nylon, mylar, or other material which is or can be filled with air, water, or a gas, including helium, hydrogen, nitrous oxide, or oxygen.
(2) “Dumping” means the deposit of litter in a substantial quantity on public or private property.
(3) “LIEF” means the Littering Investigation and Enforcement Fund.
(4) “Litter” includes all rubbish, waste material, refuse, cans, bottles, garbage, trash, debris, dead animals, 1 to 4 balloons released at 1 time, or other discarded materials of every kind and description.
(5) “Mass release of balloons” means the intentional release of 5 or more balloons at 1 time.
(6) “Public or private property” includes the right-of-way of any road or highway; any body of water or watercourse, or the shores or beaches thereof; any park, playground, building, refuge, or conservation or recreation area; and any residential or farm properties, timberlands, or forests.
(7) “Substantial quantity” means a gross, uncompressed volume of litter equal to or greater than 32 gallons or 4.28 cubic feet, which is the capacity of a standard garbage can.
60 Del. Laws, c. 613, §  1;  82 Del. Laws, c. 167, § 2;  83 Del. Laws, c. 180, § 2;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 16. LITTER CONTROL LAW › § 1604. Unlawful activities.

§ 1604. Unlawful activities.
(a) Littering. —
It is unlawful for a person to deposit, throw, release, or leave, or cause or permit the depositing, placing, throwing, or leaving of litter on public or private property of this State, unless either of the following 2 conditions is met:
(1) The property is designated by the State or by any of its agencies or political subdivisions for the management of litter, and the person is authorized by the proper public authority to use the property for that purpose.
(2) Both of the following apply:
a. The litter is placed in a litter receptacle or container installed on or at the property.
b. The person is the owner or tenant in lawful possession of the property or has first obtained consent of the owner or tenant in lawful possession, or the act is done under the personal direction of the owner or tenant, all in a manner consistent with the public welfare.
(b) Dumping. —
It is unlawful for a person to dump litter in substantial quantities on public or private property, except under paragraphs (a)(1) through (a)(2) of this section.
(c) Mass release of balloons. —
It is unlawful for a person to intentionally release, or intentionally cause or permit the release of, 5 or more balloons on private or public property of this State.
(d) This section does not apply to any of the following:
(1) A balloon that is released for scientific or meteorological purposes, on behalf of a governmental agency, or under a governmental contract.
(2) A hot air balloon that is recovered after launching.
(3) A balloon that is released and remains indoors.
(4) A balloon that, for recreational purposes, is filled with water and recovered after recreation.
(5) A balloon that is unintentionally or negligently released.
60 Del. Laws, c. 613, §  1;  82 Del. Laws, c. 167, § 3;  83 Del. Laws, c. 180, § 3;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 16. LITTER CONTROL LAW › § 1606. Prima facie evidence.

§ 1606. Prima facie evidence.
(a) (1) The throwing, depositing, dropping, releasing, or dumping of litter from a motor vehicle, boat, airplane, or other conveyance in violation of this chapter is prima facie evidence that the operator of the conveyance violated chapter.
(2) If, under paragraph (a)(1) of this section, a motor vehicle is used and the identity of the operator is not discernable, there is a rebuttable presumption that the registered owner of the motor vehicle caused or contributed to the violation.
(b) A license to operate a conveyance listed in paragraph (a)(1) of this section may be suspended for a period not to exceed 30 days together with, or in lieu of, other penalties for littering under this chapter or another law of this State. But, if littering or dumping from a conveyance listed in subsection (a) of this section is a first offense, the license may not be suspended and the sanctions provided in § 1605 of this title apply.
60 Del. Laws, c. 613, §  1;  82 Del. Laws, c. 167, § 5;  83 Del. Laws, c. 180, § 5;