UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION III

1650 Arch Street Philadelphia, Pennsylvania 19103-2029

SDMS DocID

SUBJECT* Millsboro TCE Superfund Site

FROM:

TO:

May 27,2015

Christian W. Matta (c^L Remedial Project Manager

FILE

The attached figure shows the extent of the Town limits and the town water system as it currently exists. The attached code reference documents the requirement as it currently exists which requires all properties within the town limits to hook up to public water, thereby prohibiting placement of private drinking water wells.

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5/26/2015 Town of Milisboro, DE Connection to Public System

Chapter 206: WATER

Article I: Connection to Public System [Adopted 3-2-1964 by Ord. No. n]

§ 206-1 Connection required. [Amended 7-6-2004]

The owner of all houses, buildings or properties used for human occupancy, employment, recreation or for any other

purpose, situated within the Town of Milisboro and abutting on any street, alley or right-of-way in which there is now located or may in the future be located public water facilities of the Town, is hereby required to connect the property directly with the public water in accordance with the provisions of this article within 30 days after date of official notice to do so.

Geothermal heating/cooling systems shall not be connected to the Town's public water system. Such system shall be served solely by private wells subject to federal, state, county, and Town regulations.

§ 206-2 Definitions. For the purposes of this article, the term "owner" shall be deemed to include persons who own property as tenants by the

entirety, tenants in common or joint tenants, in addition to other natural persons or firms and corporations.

§ 206-3 Connection requirement notice. The Secretary of the Town Council, at the direction of the Town Council, shall send to the owner of each property required to be connected with the public water facilities of the Town a notice to proceed immediately to connect the property owned by him with the public water facilities. The notice required to be sent pursuant to this section shall be sent by registered mail with return receipt requested to the last known address of the owner.

§ 206-4 Failure to connect; connection by Town; costs. If the owner fails to connect the property owned by him with the public water facilities in accordance with the notice sent pursuant to §'206-3, the Town Council may proceed, after the expiration of 30 days following the date of delivery of said

notice, to have the required work done. All connections made pursuant to this section by the Town Council shall be at the

sole expense of the owner and without any expense or liability on the part of the Town Council.

§ 206-5 Collection of costs. Following the completion of the work, the Secretary of the Town Council, at the direction of the Town Council, shall send by

registered mail with return receipt requested to the last known address of the owner an itemized account of the cost for

making the connection to the public water facilities. If said bill is not paid within 15 days following delivery thereof, the

Secretary of the Town Council shall proceed to institute an action in the name of the Town Council of Milisboro before any

Justice of the Peace of the County of Sussex if the amount of the demand be $500 or less, or before the Superior Court of the State of Delaware if the amount of the demand be more then $500 and thereupon to obtain judgment for the amount of such demand and to collect the same in the manner provided for the collection of judgments in the State of Delaware.

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