Delaware § 1301 Pollution of streams supplying drinking water; nuisance; penalty; abatement; jurisdiction

Delaware Statutes

§ 1301 — Pollution of streams supplying drinking water; nuisance; penalty; abatement; jurisdiction

Delaware·Title 16·Part Regulatory Provisions Concerning Public Health·Ch. 13 POLLUTION OF STREAMS

(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 $5,000 nor more than $15,000.

(c)The Superior Court shall have exclusive jurisdiction of offenses under this section.

(d)In addition to

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(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 $5,000 nor more than $15,000.

(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.

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Legislative History

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 ; 85 Del. Laws, c. 84, § 11