7 Del. Admin. Code § 7103-74.0

Current through Register Vol. 28, No. 3, September 1, 2024
Section 7103-74.0 - Buffer Zones, Public Access and Protection of Water Supply Wells
74.1 Buffer Zones
74.1.1 Buffer zones are required to protect the public from aerosol sprays. These zones should be maintained in forest, shrubs or other screening vegetation. Rights-of-way can be used as part of the buffer area. However, these rights-of-way must be exclusive with no possibility of development, and for highways, must be measured from the outer edge of the shoulder or edge of the highway if no shoulder.
74.1.2 The following minimum buffer zones around the irrigation site must be provided for restricted public access sites:
74.1.2.1 A 150-foot buffer must be maintained between the edge of the wetted field area and all property boundaries and the shoulder of internal and external public roads.
74.1.2.2 Internal roads that are closed to public use do not require buffer zones. However, wastewater irrigation on these roads is prohibited. Trails for access to irrigation equipment may be irrigated if runoff turnouts are provided to prevent runoff from the site.
74.1.2.3 A 100-foot buffer is required between the wetted edge of spray fields and the edge of any perennial lake or stream. A 50-foot buffer is required between spray fields and the edge of any channelized, intermittent watercourse. If wastewater irrigation causes an intermittent watercourse to become perennial, the 100-foot buffer requirement will apply.
74.1.2.4 Wetlands buffers will be determined on a case-by-case basis.
74.1.3 Lesser distances may be allowed if the designer can demonstrate that aerosols will be contained within the site and/or no threat to public health or the environment exists. The buffer zone requirements may be increased when deemed necessary by the Department. Buffer zones for sites open to public access will be determined on a case-by-case basis, depending upon treatment levels and proposed use.
74.1.4 Buffer zones for unlimited public access sites such as golf courses, and cemeteries are not normally required but may be required in certain circumstances.
74.1.5 Buffer zones around pretreatment facilities should be designed for aerosol containment, noise abatement and nuisance control. These factors should be addressed in the facilities plan.
74.2 Public Access
74.2.1 Public access to the spray fields at restricted access sites shall be discouraged by posting signs and maintaining well vegetated buffer zones. Fencing of spray fields is not required. However, suitable barriers and access road gates shall be provided along property lines adjacent to residential and other developed areas. Fencing is required at preapplication treatment facilities, pump stations and holding ponds.
74.3 Protection of Water Supply Wells
74.3.1 The potential effect of wastewater irrigation on water supply aquifers is site specific and difficult to predict. Abandoned wells within the treatment site must be identified as well as all domestic wells within 1000 linear feet and irrigation, commercial, industrial, and public wells within 2500 linear feet (L.F.) of the land treatment site.1 There must be a satisfactory demonstration (through an evaluation of the depth of the water supply aquifer, its gradient, the condition of the aquitard(s), the condition of existing water supply wells, and their capacity(c) that the LTS system will not have any adverse effect on those wells. Shallow and poorly constructed wells within the land treatment system will require abandonment and sealing.

7 Del. Admin. Code § 7103-74.0