Public Works Committee reviews proposed updates to New Castle County sewer code to clarify lateral responsibilities and enforcement

Dave Carter, co-chair of the New Castle County Public Works Committee, opened a presentation on proposed revisions to Chapter 38 of the county code that would clarify connections, maintenance and enforcement for the county’s sanitary sewer system. Jason Zurn of the Department of Public Works told the committee the comprehensive review updates outdated language, clarifies lateral maintenance responsibilities for residential customers and refines enforcement provisions.

Zurn said the ordinance would remove obsolete references to a now-ended southern sewer interim plan and make clear that “each building should have a separate connection to our public sewer system. There should be no shared laterals.” He told members that licensed plumbers would be required to clean laterals “all the way to the collector sewer or the public main,” and that property owners bear responsibility for keeping their lateral open from the building to the public system — correcting a common misconception that responsibility ends at the property line.

The proposed enforcement changes would align county rules with recent updates to the city of Wilmington’s code, Zurn said, clarifying right-of-entry for inspections and expanding administrative sanctions. Under the draft language discussed, nonindustrial administrative fees could be up to $1,000 per violation (and up to $5,000 for continuing violations), while industrial penalties could be increased to as much as $64,000; the county would also be able to recover other costs, require performance bonds for repeat offenders and enter consent orders to secure compliance.

Councilman Smiley asked whether homeowners are prohibited from snaking their own laterals. Smiley said he had seen residents use store-bought drain snakes and contrasted that with Artesian contract procedures. Zurn answered there is no blanket prohibition against a homeowner snaking a lateral but cautioned that work extending into the public right of way raises concerns and that when a plumber is engaged, that plumber must be licensed. Zurn also urged residents to “please call public works first” for slow or backed-up drains so county staff can inspect the public system and avoid unnecessary private costs.

Councilman Cardigan raised the Knollwood neighborhood as an example where many properties share laterals. Zurn acknowledged legacy shared laterals in older townhome communities and said the ordinance aims to make individual connections the expectation going forward while recognizing existing conditions.

Public commenter Henry Miller asked whether property owners must hook up to a new sewer when one is run past their property and whether ‘sewage disposal’ in the code refers to septic systems. Zurn said this ordinance does not change the separate chapter provisions that govern conversions from septic to public sewer and that other parts of Chapter 38 cover those conversions; the chair offered to follow up on Miller’s specific questions by email.

No formal vote on the Chapter 38 amendments was recorded during the meeting; Zurn said the full ordinance text contains the detailed language discussed and staff would return with any follow-up clarifications requested by committee members.

The committee moved on to other agenda items after the presentation.