7 Del. Admin. Code § 7103-52.0
Current through Register Vol. 28, No. 3, September 1, 2024
Section 7103-52.0 - Procedures for State Review and Approval52.1 (Subsection 201) Proposal for Land Treatment 52.1.1 Title 7, Chapter 60 of the Delaware Code (the Environmental Protection Act) and these regulations govern procedures necessary to gain Department approval of slow rate land treatment systems. The steps outlined in Table 201-1 are in accordance with the Act and regulations. These steps are explained in the following sections. (Section 300 of these regulations contains a detailed discussion of required design considerations for slow rate systems.) Projects funded under the Federal Construction Grant Program (Title II of the Federal Clean Water Act) must meet all Federal funding requirements in addition to the steps listed in Table 201-1. Whenever the preparation of reports or other documents required by these regulations involves the practice of engineering, geology or other recognized profession under Delaware law, sufficient evidence of appropriate certification or registration in accordance with Title 24 of theDelaware Code must be submitted by the preparer.52.2 Letter of Intent 52.2.1 The facility owner, his engineer or agent must submit to the Department a letter of intent to develop a wastewater irrigation system. It must indicate the projected design flow and wastewater characteristics for this system and proposed source(s) of project funding. In addition, owners of private domestic wastewater irrigation systems are required to execute a trust indenture with a local government body or other trustee approved by the Division. This trust indenture guarantees operation and maintenance of the facility in the event of operational or financial default by the owner.52.3 Site Selection and Evaluation Report52.3.1 Upon receipt of the letter of intent, the Department will inform the facility owner of the need for a "Site Selection and Evaluation Report". Potential land treatment sites must be identified and evaluated by the facility owner, and a preliminary soil survey conducted at the selected site(s).52.3.2 Table 201-2 outlines information generally needed in the Site Selection and Evaluation Report. For Federal Construction Grant Projects, this information is included in the Facilities Plan Report. Additional information may be requested as needed.52.4 Site Inspection and Concurrence 52.4.1 The Site Selection and Evaluation Report is submitted by the owner for Department review along with a request for general site concurrence. Upon receipt of the report, a Department representative will inspect the selected site(s). A site concurrence or denial letter will be written based on a engineering and geologic evaluation of site conditions. It should be noted that site concurrence is preliminary and pertains only to general wastewater treatment and application to the land. The letter will indicate what requirements are necessary to proceed with the project. Site concurrences for slow rate land treatment are valid for two years. If detailed design has not begun within this period, the Department may choose to reevaluate the project.7 Del. Admin. Code § 7103-52.0