7 Del. Admin. Code § 2104-5.0

Current through Reigster Vol. 28, No. 6, December 1, 2024

Section 2104-5.0 - Electricity Generated from the Combustion of Biomass

To be an Eligible Energy Resource under the Act, electricity generated from the combustion of biomass shall:

5.1 Meet all federal, state, and local government laws and regulations for land use, air emissions, use of cooling water, and ash management.

5.2 For dedicated energy crops and agricultural food and feed crop residues they shall meet the standards of the United States Department of Agriculture's National Organic Program, or take all of the following actions:

5.2.1 Follow all best management practices of local conservation districts and state and local cooperative extension services.

5.2.2 Develop and implement all voluntary and mandatory state and local government nutrient management plans.

5.2.3 Develop and follow comprehensive plans to utilize land and water resources in accordance with state and local non-point source pollution management programs to prevent erosion, control flood water, and conserve soil.

5.2.4 Follow state and local Integrated Pest Management guidelines and plans.

5.2.5 Minimize herbicide usage in conventional and no-till plantings in accordance with state and local cooperative extension services guidelines and plans.

5.3 For timber, forestry and timber residues, and non-cultivated wild plants, develop and implement a conservation and management plan that includes all the following elements:

5.3.1 A non-point source pollution management program to prevent erosion, control flood water, and conserve soil for harvesting, road construction, and all other mechanical disturbances.

5.3.2 Best Management Practices as identified by the state and local forestry services.

5.3.3 Minimization of waste associated with harvesting and on-site processing operations.

5.3.4 Rates of harvest that do not exceed levels which can be permanently sustained.

5.3.5 Safeguards that identify and protect rare and state and federally-designated threatened and endangered species and their habitats (e.g., nesting and feeding areas).

5.3.6 Forest regeneration that enhances ecosystem diversity.

5.3.7 Use of environmentally friendly non-chemical methods of pest management and limited use of pesticides.

5.3.8 Use of environmentally friendly non-chemical methods of weed management and limited use of herbicides.

5.3.9 Use of exotic species that is carefully controlled and actively monitored to avoid adverse ecological impacts.

5.3.10 Avoidance of forest conversion to plantations or non-forest land uses, except circumstances where: a very limited portion of the forest management unit will be impacted; forest lands are of low ecological value; and conversion will improve ecological value.

5.3.11 Protection of cultural and historic resources.

5.3.12 Preservation or improvement of public access and recreation opportunities.

5.3.13 Exclusion of old-growth timber (from a tree that is 150 years old or older).

7 Del. Admin. Code § 2104-5.0