7 Del. Admin. Code § 7103-56.0

Current through Register Vol. 28, No. 4, October 1, 2024

Section 7103-56.0 - Table 201-2 Site Selection And Evaluation Report Information

56.1 Site Description:

56.1.1 Location map

56.1.2 Topographic map (7.5 minute quadrangle, scale 1:24000)

56.1.3 Soil survey map

56.1.4 Geologic and hydrologic conditions

56.1.5 Known cultural or historic resources (cemeteries, archaeologic sites, etc.)

56.2 Site Soil Characteristics:

56.2.1 USDA Soil Conservation Service soil series classifications

56.2.2 Narrative description for same including:

56.2.2.1 Texture

56.2.2.2 Permeability

56.2.2.3 Slope

56.2.2.4 Drainage

56.2.2.5 Depth to seasonal high water table

56.2.2.6 Depth to impervious strata

56.2.2.7 Erodibility

56.3 100 year flood elevation for site (if applicable).

56.4 Existing vegetative cover.

56.5 Existing land use.

56.6 Present land owner.

56.7 A detailed soil investigation report is required to be submitted with the Design Development Report (reference Sections 55.0 and 56.0 [Tables 202-1 and 202-2])have been fulfilled, a draft LTS Permit will be prepared for the slow rate land treatment system. The final permit will be issued upon submission and approval by the Department of the Plan of Operation and Management for the facility prior to start-up and operation. Upon granting written approval for operation, the Department shall give notice of such approval to any person who has submitted a written request for such notice.

56.8 Standard Permit Conditions. The following conditions shall apply to and will be included in all permits.

56.8.1 Compliance Required.The permittee shall comply with all conditions of the permit.

56.8.2 Renewal Responsibilities.If the permittee intends to continue operation of the permitted facility after the expiration of an existing permit, the permittee shall apply for a new permit in accordance with these regulations no later than 180 days prior to expiration.

56.8.3 Operation of Facilities.The permittee shall at all times properly maintain and operate all structures, systems, and equipment for treatment, control and monitoring, which are installed or used by the permittee to achieve compliance with the permit or these regulations.

56.8.4 Provide Information.The permittee shall furnish to the Department within a reasonable time, any information including copies of records, which may be requested by the Department to determine whether cause exists for modifying, revoking, reissuing, or terminating the permit, or to determine compliance with the permit or these regulations.

56.8.5 Entry and Access.The permittee shall allow the Department, consistent with 7 Del.C., Chapter 60, to:

56.8.5.1 Enter the permitted facility.

56.8.5.2 Inspect any records that must be kept under the conditions of the permit.

55.8.5.3 Inspect any facility, equipment, practice, or operation permitted or required by the permit.

55.8.5.4 Sample or monitor for the purpose of assuring permit compliance, any substance or any parameter at the facility.

56.8.6 Reporting.The permittee shall report to the Department under the circumstances and in the manner specified in this section:

56.8.6.1 In writing thirty (30) days before any planned physical alteration or addition to the permitted facility or activity if that alteration or addition would result in any significant change in information that was submitted during the permit application process.

56.8.6.2 In writing thirty (30) days before any anticipated change which would result in noncompliance with any permit condition or these regulations.

56.8.6.3 Orally within twenty-four (24) hours from the time the permittee became aware of any noncompliance which may endanger the public health or the environment at telephone numbers provided in the permit by the Department.

56.8.6.4 In writing as soon as possible but within five (5) days of the date the permittee knows or should know of any noncompliance unless extended by the Department. This report shall contain:

56.8.6.4.1 A description of the noncompliance and its cause;

The period of noncompliance including to the extent possible, times and dates and, if the noncompliance has not been corrected, the anticipated time it is expected to continue; and

56.8.6.4.2 Steps taken or planned to reduce or eliminate reoccurrence of the noncompliance.

56.8.6.5 In writing as soon as possible after the permittee becomes aware of relevant facts not submitted or incorrect information submitted, in a permit application or any report to the Department. Those facts or the correct information shall be included as a part of this report.

56.9 Minimize Impacts. The permittee shall take all necessary actions to eliminate and correct any adverse impact on the public health or the environment resulting from permit noncompliance.

56.10 Reopener. In the event that the regulations governing land disposal of wastes via spray irrigation are revised by the Department, this permit may be reopened and modified accordingly after notice and opportunity for a public hearing.

Specific Permit Conditions. A permit issued pursuant to these rules may include but not be limited to such information and conditions as the following:

56.11 Basis for Specific Permit Conditions.Conditions necessary for the protection of the environment and the public health may differ from facility to facility because of varying environmental conditions and wastewater compositions.The Department may establish, on a case-by-case basis, specific permit conditions. Specific conditions shall be established in consideration of characteristics specific to a facility and inherent hazards of those characteristics.Such characteristics include, but are not limited to:

56.11.1 Chemical, biological, physical, and volumetric characteristics of the wastewater;

56.11.2 Geological and climatic nature of the facility site;

56.11.3 Size of the site and its proximity to population centers and to ground and surface water;

56.11.4 Legal considerations relative to land use and water rights;

Techniques used in wastewater distribution and the disposition of that vegetation exposed to wastewaters;

56.11.5 Abilities of the soils and vegetative covers to treat the wastewater without undue hazard to the environment or to the public health; and

56.11.6 The need for monitoring and recordkeeping to determine if the facility is being operated in conformance with its design and if its design is adequate to protect the environment and the public health.

56.12 Duration of the Permit.The permit shall be effective for a fixed term of not more than five (5) years.

56.13 Limitations to Operation.Conditions of the permit may specify or limit:

56.13.1 Wastewater composition;

56.13.2 Method, manner, and frequency of wastewater treatment;

56.13.3 Wastewater pretreatment requirements;

56.13.4 Physical, chemical, and biological characteristics of a land application facility; and

56.13.5 Any other condition the Department finds necessary to protect public health or environment.

56.14 Compliance Schedules The Department may establish a compliance schedule for existing facilities as part of the permit conditions including:

56.14.1 Specific steps or actions to be taken by the permittee to achieve compliance with applicable requirements or final permit conditions;

56.14.2 Dates by which those steps or actions are to be taken; and

56.14.3 In any case where the period of time for compliance exceeds one (1) year the schedule may also establish interim requirements and the dates for their achievements.

56.15 Monitoring Requirements.Any facility may be subject to monitoring requirements including, but not limited to:

56.15.1 The installation, use, and maintenance of monitoring equipment;

56.15.2 Monitoring or sampling methodology, frequency, and locations;

56.15.3 Monitored substances or parameters;

56.15.4 Testing and analytical procedures; and

56.15.5 Reporting requirements including both frequency and form

56.16 Permit Modification

56.16.1 Minor Modifications.Minor modifications are those which if granted would not result in any increased impact or risk to the environment or to the public health. Such modifications shall be made by the Department. Minor modifications are normally limited to:

56.16.1.1 The correction of typographical errors.

56.16.1.2 Transfer of ownership or operational control.

56.16.1.3 A change in monitoring or reporting frequency.

56.17 Major Modifications. All modifications not considered minor shall be considered major modifications. The procedure for making major modifications shall be the same as that used for a new permit under these regulations.

56.18 Permit Transferable. Permits shall be transferable to a new owner or operator provided that the permittee notifies the Department by requesting a minor modification of the permit before the date of transfer and that such transfer is consistent with any trust indenture required by these rules.

58.19 Appeals of final permits shall be governed by 7 Del.C., 6008 and 6009.

58.20 Permit Revocation

58.20.1 Conditions for Revocation.The Department may revoke a permit if the permittee violates any permit condition or these regulations.

58.20.2 Notice of Revocation.Except in cases of emergency, the Department shall issue a written notice of intent to revoke to the permittee prior to final revocation. Revocation shall become final within twenty (20) days of receipt of the notice by the permittee, unless within that time the permittee requests an administrative hearing in writing.

58.20.3 Notice of Hearing.The Department shall notify the permittee in writing of any revocation hearing at least twenty (20) days prior to the date set for such hearing. The hearing shall be conducted in accordance with 7 Del.C., Chapter 60.

58.20.4 Emergency Action. If the Department finds the public health, safety or welfare requires emergency action, the Department shall incorporate findings in support of such action in a written notice of emergency revocation issued to the permittee. Emergency revocation shall be effective upon receipt by the permittee. Thereafter, if requested by the permittee in writing, the Department shall provide the permittee a revocation hearing and prior notice thereof.

Such hearings shall be conducted in accordance with 7 Del.C., Chapter 60.

58.21 Plan of Operation and Management

An outline for the scope of the Plan of Operation and Management required for the Department Land Treatment System Permit is presented in Subsection 701. The Plan is submitted by the owner or owner's engineer. Once accepted by the Department, this Plan becomes the operating and management manual for the facility.

58.22 Land Treatment Systems with Underdrains

Land treatment systems incorporating drainage improvements in the system design that result in a point discharge to surface waters fall under Federal and State point source discharge rules and regulations. These systems will be issued a National Pollutant Discharge Elimination System (NPDES) Permit in place of a Delaware LTS Permit. The NPDES Permit will include a special condition requiring submission and approval of a Plan of Operation and Management as required for the Delaware LTS Permit. All procedures for State review and approval outlined in this chapter remain in effect for underdrained land treatment systems.

7 Del. Admin. Code § 7103-56.0