CHAPTER 56
STATE BOARD OF HEALTH
AN ACT conferring certain powers on the State Board of Health with reference to drainage and the construction and maintenance of cesspools and privy wells in and near the Town of Newark.
Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, (two- thirds of all the members elected to each branch thereof concurring herein):
Section 1. That from and after the passage of this Act, Sate the State Board of Health, in addition to the powers already possessed by it, shall have and be vested with power and Newark authority to preserve the public health within the town of Newark and within one mile of the water supply thereof.
Section 2. That from and after the passage of this Act the State Board of Health shall have the right and power to regulate and prescribe the manner in which all cesspools and privy wells shall be constructed within the limits of the town of Newark and at any place within one mile from the water supply of said town.
Section 3. That from and after the passage of this Act, the State Board of Health shall have the right and power to 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 the town of Newark, or within one mile of the water supply of said town, which it may deem necessary for the protection of the health of the inhabitants of said town, or for the protection of the water supply of said town.
Section 4. That from and after the passage of this Act the State Board of Health shall have the right and power to order and direct that the owner of any property on which there is a cesspool or privy well already in use in the town of Newark, or within one mile from the water supply of said town, shall so change and construct 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 said cesspool or privy well, or from overflowing over the top thereof.
Section 5. That from and after the passage of this Act the State Board of Health shall have the right to prohibit the owner or tenant of any property within the town of Newark, or within one mile from the water supply thereof, from discharging any sewage or drainage from any house or building on or over the surface of the ground adjoining same, whenever it shall determine that the same is detrimental to the health of the inhabitants of said town or those living within one mile from the water supply thereof.
Section 6. That from and after the passage of this Act cesspools under direction of the State Board of Health shall have the right and power to State Board order and direct the owner or tenant of any property within the town of Newark, or within one mile from the water supply thereof, on which there is a cesspool or privy well to clean same in such manner as it shall direct, whenever it shall deem the cleaning thereof to be necessary, and any person or persons it neglecting or refusing to comply with said order within thirty days from the time notice of said order is served, shall be subject to the fines and penalties herein provided for the violation of this Act.
Section 7. That whoever violates any of the provisions of this Act, or any order or regulation of the State Board of Health or the provisions of any laws of the State of Delaware conferring powers upon Boards of Health, or whoever refuses or omits to obey such order and regulation within the time prescribed for the performance thereof, or whoever obstructs or interferes with the execution of such order or regulation, shall be deemed guilty of a common nuisance and upon conviction thereof before any Justice of the Peace in New Castle County, or before the Alderman of the town of Newark, shall for the first offense be fined not less than Ten Dollars ($10.00) and not exceeding One Hundred Dollars ($100.00) , Penalty and for any subsequent offense not less than Twenty-five Dollars ($25.00) or more than Two Hundred Dollars, ($200.00)).
Approved April 28, A. D. 1923.