Delaware Code Title 9. Counties § 6501. Establishment of sanitary sewer or water district

(a) Whenever contiguous territory containing 1 or more centers of population, whether incorporated or not, shall be so situated that the construction of interceptor sewers, outfall sewers and sewage treatment plants will be conducive to the preservation of the public health, the territory shall be established by the government of Sussex County as a sanitary sewer district.

(b) Whenever contiguous territory containing 1 or more centers of population, whether incorporated or not, shall be so situated that the construction of water mains, pipes and distribution facilities is economically feasible and conducive to the preservation of health, the territory shall be established by the county government as a water district.  The county government may employ expert assistance in making a determination of economic feasibility and effect on health, but the determination of the county government as to economic feasibility and effect on health shall be conclusive and binding.