7 Del. Admin. Code § 7103-6.0

Current through Register Vol. 28, No. 3, September 1, 2024

Section 7103-6.0 - Administrative Permitting Procedures and Requirements

The administrative permitting procedures for land treatment systems vary depending on the type of permit required. The rules of practice contain the requirements for the respective permitting procedures. Municipal wastewaters and sludges are regulated herein, but specific deviations are noted when wastewaters and sludges are directly from an industry. A brief description of the relevant administrative process are listed below for each type of facility:

6.1 Land Treatment of Wastewater

A State Permit is required for the construction and operation of these facilities. The completed application package must be submitted to the Department for technical review. During the evaluation of these applications, the Department's staff will perform site investigations and review of the technical aspects of submitted plans and specifications.

6.2 Land Treatment of Sludge and Sludge Products

A State Permit is required for land application of sludge from water or wastewater treatment plants. The completed application will be submitted to the Department for technical review. A site inspection and preliminary concurrence by the Department is part of the evaluation process. A copy of the toxicity test analysis of the sludge must verify that the sludge does not qualify as a hazardous waste. If the sludge is deemed hazardous, it must be managed following hazardous waste regulations implemented by the Department. The Department also regulates landfilling and land treatment of nonhazardous industrial sludges.

6.3 Land Treatment of Agricultural Residuals

The Delaware Environmental Protection Act requires under Section 6003(a) that "No person shall, without first having obtained a permit from the Secretary, undertake any activity: (2) in a way which may cause or contribute to discharge of a pollutant into any surface or groundwater; ...". Over application, improper storage and timing of land application of agricultural residuals have contributed to contamination of both surface and groundwaters in the State.

6.4 The Division of Water Resources is currently studying alternative management programs for the land application of agricultural residuals. A proposed management program is expected to be circulated for public review by 1989. For the interim operators of systems which generate such residuals should consult their local conservation district for assistance in employing the guidance contained in this document and utilizing currently accepted residual management practices.

6.5 The Department recognizes that the general and technical public (i.e., consulting engineers, developers, local governments, public interest groups, etc.) may not be well informed concerning the requirements for obtaining appropriate permits for land treatment systems. The staff of the agency is available to provide assistance in determining permit application requirements, and administrative procedures for processing permit applications for the types of facilities discussed in these Regulations for land treatment of wastes.

7 Del. Admin. Code § 7103-6.0