7 Del. Admin. Code § 7101-6.0

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

Section 7101-6.0 - Large Systems ([GREATER THAN] 2,500 Gpd)

6.1 A permit must be obtained from the Department prior to the construction, operation, maintenance or repair of any on-site wastewater treatment and disposal systems with daily design flow rates of > 2,500 gallons. This Section details the necessary site suitability evaluations to determine siting of all types of large on-site wastewater treatment and disposal systems, including soil characterizations, hydrogeologic investigations, surface water assessment, required design parameters, legal documentation, permit application submittals, installation requirements, operation and maintenance procedures, monitoring requirements and annual reporting. This section is applicable to all types of on-site wastewater treatment and disposal systems.

This section applies to the permitting of large wastewater treatment and disposal system only. The permittee must obtain all necessary collection system permits separately in accordance with the State of Delaware's Department of Natural Resources and Environmental Control's Regulations Governing the Control of Water Pollution and any local or county requirements.

6.2 Site Characterization

The Department will facilitate compliance with these Regulations through a review of the proposed development project. The project should be coordinated with the Department early in the development process to avoid unnecessary conflicts and expense.

6.2.1 Letter of Intent

6.2.1.1 Any persons that propose to construct a large wastewater treatment and disposal system must submit a letter of intent prior to initiating any preliminary reconnaissance soil investigations.

6.2.1.2 The letter of intent must contain, at a minimum, the following details:

6.2.1.2.1 The name of the developer, utility and/or landowner.

6.2.1.2.2 The size, tax map number(s), 12 digit Hydrologic Unit Code (HUC) watershed name, zoning certificate for and location of the parcel(s).

6.2.1.2.3 Number of proposed lots (if applicable), proposed design flow rates and overall scope of project to include level of wastewater treatment and disposal method(s).

6.2.1.2.4 Projected start date of site/soil investigative work.

6.2.1.2.5 Name of the Class D soil scientist, Professional Geologist and Class C designer.

6.2.1.3 A soils and hydrogeological reconnaissance must be undertaken prior to actual fieldwork commencement. The reconnaissance must incorporate a combination of published data and actual field data to establish a general understanding of the site to allow selection of the most favorable areas available to site a large system.

6.2.1.4 Prior to the Soil Investigation Report (SIR) and/or Hydrogeologic Suitability Report (HSR) fieldwork commencement but, after a soils and hydrogeological reconnaissance have been completed, a preliminary meeting with the Class D.3 soil scientist, Class C designer, Delaware-licensed Professional Geologist, and DNREC personnel shall be held to discuss the scope of work for both investigations.

6.2.2 Soil Investigation Report (SIR)

A Soil Investigation Report must be submitted to the Department for review and approval for large on-site wastewater treatment and disposal systems (LOWTDS).

6.2.2.1 General Requirements. Work performed in connection with the SIR requires soil interpretation. These investigations must be completed by, or under the supervision of, a licensed Class D.3 soil scientist. Unless otherwise authorized by the Department, all soils and siting criteria for large systems shall comply with the following requirements:

6.2.2.2 The SIR shall contain, at a minimum, the following:

6.2.2.2.1 Site plan drawn to scale not to exceed one (1) inch equals 200 feet.

6.2.2.2.2 A topographic map with one (1) foot contour intervals unless the Department approves the use of an alternate scale. Topographic maps for spray irrigation sites may utilize two (2) foot contour intervals.

6.2.2.2.3 Location of all wells, well head protection areas, right of ways, watercourses, roads, storm water management features and on-site wastewater treatment and disposal systems within 150 feet of the perimeter of the property.

6.2.2.2.4 The proposed disposal area shall be mapped on a grid pattern of not more than 75 feet between observations. Spray irrigation projects must be mapped on a grid pattern at a minimum of one observation every four (4) acres.

6.2.2.2.5 Observations must be made using a number of auger borings and test pits to a minimum depth of six (6) feet. Some of these observations shall be extended to the ambient water table, when possible or practical, to augment the data collected during the HSR.

6.2.2.2.6 A minimum of one (1) double ring infiltration test per acre, or four (4) total, whichever is larger shall be conducted within the proposed disposal area (PDA). A representative number of double-ring infiltration tests must be approved by the Department for spray irrigation sites. The number of double-ring infiltration tests for a spray irrigation site shall be based upon soil variability. These tests must be performed within the most hydraulically restrictive horizon in the upper six (6) feet. A minimum of three (3) tests must be conducted for each interpretative mapping unit within the PDA.

6.2.2.2.7 Determination of an appropriate design percolation rate based upon infiltration tests, soil characteristics (textures, structure, etc.) and number of mapping units within the PDA. Certain site specific conditions may not warrant the testing and may be omitted from testing at the Departments discretion.

6.2.2.2.8 Depth of the limiting zone based on either a hydraulically restrictive layer or seasonally saturated materials based on redoximorphic features and/or piezometric study. The results of the site and soil analysis must be provided on the appropriate forms approved by the Department (e.g. Approval page).

6.2.2.2.9 Number of proposed lots, dwellings, expected gal/day/unit flow, design flow rate, anticipated disposal method and loading rate.

6.2.2.2.10 A general site location map to identify the area.

6.2.2.2.11 The location of any wetlands, refer to the 2007 Statewide Wetlands Mapping Project (SWMP) map, and State Tidal Wetlands maps, if applicable.

6.2.2.2.12 Identification of any limitation that could affect system performance and design considerations for the anticipated method of disposal.

6.2.2.3 Soil chemical testing of each mapping unit must be conducted. Samples must be collected from soil depths of 0-12 inches and 12-24 inches. These chemical tests determine the retention capacity of wastewater constituents in the soil. A minimum of three (3) composite samples for each mapping unit must be collected and tested. See Section 6.8.3 for testing parameters.

6.2.2.3.1 Soil chemical testing must be in accordance with Methods of Soil Analysis published by the American Society of Agronomy, Madison, Wisconsin. Other methods, properly documented, may be accepted upon approval by the Department.

6.2.2.4 Concerns regarding the suitability of the soils to assimilate the design flow must be addressed before the SIR may be approved by the Department.

6.2.2.5 The approved SIR is valid for 10 years from the date of the Department's approval unless the site is permitted for construction prior to this date. The approved SIR will then remain valid as long as the site is permitted. If the permit expires and is not renewed, the SIR also expires if SIR is more than 10 years old. If the site is not permitted within a 10 year period, a supplemental soil investigation report, as outlined in Section 6.2.2.5.1, must be submitted to the Department for approval provided no adverse effects have occurred to the site such as, but not limited to, cutting/filling activities, de-forestation or compaction of the proposed disposal area. The new SIR will be reviewed as outlined in Section 6.2.2.1.

6.2.2.5.1 The supplemental soil investigation report shall include;

6.2.2.5.1.1 Site plan drawn to scale not to exceed one (1) inch equals 200 feet.

6.2.2.5.1.2 Location of all wells, well head protection areas, right of ways, watercourses, roads, storm water management features and on-site wastewater treatment and disposal systems within 150 feet of the perimeter of the property.

6.2.2.5.1.3 The proposed disposal area (PDA) shall be mapped on a grid pattern of not more than 300 feet between observations. Spray irrigation projects must be mapped on a grid pattern at a minimum of one observation every 10 acres.

6.2.2.5.1.4 Observations must be made using a number of auger borings and test pits to a minimum depth of six (6) feet. Some of these observations shall be extended to the ambient water table, when possible or practical.

6.2.2.5.1.5 A minimum of one (1) double ring infiltration test shall be conducted within the PDA. A representative number of double-ring infiltration tests must be approved by the Department for spray irrigation sites. The number of double-ring infiltration tests for a spray irrigation site shall be based upon soil variability. These tests must be performed within the most hydraulically restrictive horizon in the upper six (6) feet.

6.2.2.5.1.6 Determination of an appropriate design percolation rate based upon infiltration tests, soil characteristics (textures, structure, etc.) and number of mapping units within the PDA.

6.2.2.5.1.7 Depth of the limiting zone based on either a hydraulically restrictive layer or seasonally saturated materials based on redoximorphic features and/or piezometric study. The results of the site and soil analysis must be provided on the appropriate forms approved by the Department (e.g. Approval page).

6.2.2.5.1.8 Number of proposed lots, dwellings, expected gal/day/unit flow, design flow rate, anticipated disposal method and loading rate.

6.2.2.5.1.9 The location of any wetlands, refer to the 2007 Statewide Wetlands Mapping Project (SWMP) map, and State Tidal Wetlands maps, if applicable.

6.2.2.5.1.10 Identification of any limitation that could affect system performance and design considerations for the anticipated method of disposal.

6.2.3 Hydrogeologic Suitability Report (HSR)

A Hydrogeologic Suitability Report must be submitted to the Department for review and approval for large on-site wastewater treatment and disposal systems (LOWTDS).

6.2.3.1 General requirements

Work performed in connection with the HSR shall be completed by, or under the supervision of, a Delaware-licensed professional geologist (PG). Reports and related documents must bear the seal and signature of the PG overseeing the project.

6.2.3.2 Site specific HSR requirements

General site and project details shall include, but not be limited to the following:

6.2.3.2.1 Proposed wastewater system details:

6.2.3.2.1.1 System type.

6.2.3.2.1.2 System dimensions.

6.2.3.2.1.3 Design flow.

6.2.3.2.1.4 Dosing schedule or loading rates.

6.2.3.2.1.5 Type of wastewater.

6.2.3.2.1.6 Level and type of treatment.

6.2.3.2.2 Regional (1:24,000 scale) topographic map showing the project site location.

6.2.3.2.3 Detailed (1:2,400 scale or larger) map(s) showing:

6.2.3.2.3.1 Property boundaries.

6.2.3.2.3.2 Roadways and easements.

6.2.3.2.3.3 Tax map parcel number(s).

6.2.3.2.3.4 Hypsography at one (1) foot contour intervals (must include existing and proposed elevations in proposed disposal area) unless the Department approves the use of an alternate scale. Hypsography for spray irrigation sites may utilize two (2) foot contour intervals.

6.2.3.2.3.5 Surface-water features.

6.2.3.2.3.6 Current land use.

6.2.3.2.3.7 Existing buildings.

6.2.3.2.3.8 On-site wells, both existing and proposed (including monitor/observation wells).

6.2.3.2.3.9 Test boring locations.

6.2.3.2.3.10 Area(s) evaluated for wastewater disposal.

6.2.3.2.3.11 Proposed disposal area layout, including spare area.

6.2.3.2.3.12 Scale and north arrow.

6.2.3.3 On and Off-Site Wells and Surface Water Bodies

6.2.3.3.1 All wells and surface-water bodies located within a 1,000 foot radius of the boundaries of the proposed wastewater disposal area must be identified and shown on an appropriately scaled map. The following well data must be tabulated: permit number, coordinates (in Delaware State Plane, meters, North American Datum of 1983 (NAD83)), water use (e.g. domestic, public, irrigation), total depth, screened interval, diameter, owner's name, owner's address, tax map parcel number. Procedures used to obtain this information shall be documented. All well completion reports and formation logs must be included.

6.2.3.3.2 The potential for impact to wells and surface water bodies shall be considered and addressed. If the Department determines it is necessary, proposed methods to minimize the potential for impact to a well or surface water body must be submitted. In some instances, the Department may also require modeling to demonstrate that a well or surface water body will not be adversely impacted by a proposed discharge.

6.2.3.3.3 The well survey will remain valid from date of HSR submittal through a five (5) year period unless a construction permit has been issued by the Department. If construction has not been initiated prior to the expiration of the construction permit, a new well survey must be submitted for a permit extension or renewal.

6.2.3.4 Hydrogeologic Framework

6.2.3.4.1 Hydrostratigraphy

Geologic units containing the water-table aquifer and the first regional confining unit shall be identified and described in terms of formation name, lithology, approximate thickness, depositional environment, and stratigraphic relationships with other units. The saturated thickness of the water table aquifer shall be approximated based on available information. In some instances, the Department may require saturated thickness to be documented based on field data.

6.2.3.4.2 Test Borings

6.2.3.4.2.1 Test borings shall be drilled and logged to characterize the near-surface geology in the immediate vicinity of the proposed wastewater disposal area. Test boring requirements vary based on system type and capacity as follow:

6.2.3.4.2.1.1 All systems, including drip irrigation but excluding rapid infiltration basins (RIBs) and spray irrigation systems with proposed discharges >= 2,500 gpd and >= 20,000 gpd must have a minimum of three (3) 20-foot deep continuously sampled test borings.

6.2.3.4.2.1.2 All systems, excluding RIBs and spray irrigation systems with proposed discharges > 20,000 gpd must have a minimum of three (3) 40-foot deep continuously sampled test borings.

6.2.3.4.2.1.3 All RIB systems with proposed discharges >= 2,500 gpd must have a minimum of three (3) 40-foot deep continuously sampled test borings per proposed acre of disposal area.

6.2.3.4.2.1.4 All RIB systems with proposed discharges > 100,000 gpd must have at least one (1) 100-foot deep boring continuously sampled to 40 feet below land surface then every 5 feet thereafter. Boring may be terminated at a shallower depth if a confining bed is encountered < 100 feet below land surface.

6.2.3.4.2.1.5 All spray irrigation systems must have at least three (3) 20-foot deep continuously sampled test borings with an additional one (1) 20-foot boring per 10 acres of proposed disposal area.

6.2.3.4.2.2 Depending on site or project characteristics, greater test-boring depth or additional test borings may be required. If a restrictive lithology is identified it shall be assumed continuous unless demonstrated otherwise.

6.2.3.4.2.3 Subsurface data obtained from borings shall be collected using drilling techniques that preserve sample integrity (e.g. hollow-stem auger with split-spoon, direct-push, coring devices). Samples shall be described using a generally accepted classification system (e.g. Unified Soil Classification System, USDA soil classification system). Test boring coordinates must be determined using a global positioning system (GPS) or standard survey methods and shall be reported in Delaware State Plane, meters, North American Datum of 1983 (NAD83). Test-boring logs shall include: sample descriptions, project name, test-boring identification, coordinates of test boring, general weather conditions, drilling method, name of drilling contractor, name of licensed driller in charge, and name of person logging samples and their association. If a well is completed in the borehole, a well completion report must be submitted to the Department containing "as-built" construction, borehole dimensions, well development methodology, and water levels (after completion and static).

6.2.3.4.3 Groundwater Flow

6.2.3.4.3.1 At a minimum, three (3) observation wells (OWs) shall be constructed to document flow direction and hydraulic gradient across the proposed disposal area. The Department may require additional wells depending on site or project characteristics. Wells may be completed during the test-boring investigation (see Section 6.2.3.4.2). The wells may also be used as groundwater monitoring wells provided they are constructed and classified according to Delaware Regulations Governing the Construction and Use of Wells and are located in positions suitable to provide representative samples. Well coordinates must be determined using a GPS or standard survey methods and shall be reported in Delaware State Plane, meters, North American Datum of 1983 (NAD83).

6.2.3.4.3.2 A top-of-casing (TOC) reference mark shall be established for each well and surveyed into the North American Vertical Datum of 1988 (NAVD 88). The land surface elevation adjacent to each well shall also be surveyed. All water-level measurements shall be taken to the nearest 0.01 foot from the surveyed reference mark on the well's TOC and reported in (i) feet below TOC, (ii) feet below ground surface, and (iii) feet above mean sea level (msl). Water-table contour maps shall be submitted to the Department based on water-level measurements representative of high, low, and average water-table conditions.

6.2.3.4.4 Wet-Season Water-Level Monitoring

6.2.3.4.4.1 Wet-season water-level monitoring shall be conducted at least weekly from January 1st through April 30th (see Section 6.2.3.4.3.2 for the collection and reporting of water level data). Wells installed for the purpose of establishing groundwater-flow direction may be used for wet season monitoring. Pressure transducers may be deployed to collect continuous water-level data.

6.2.3.4.4.2 On-site wet-season water-level data shall be correlated to the nearest unconfined well(s) with a long-term record ( >= 20 years).

6.2.3.4.4.3 The hydrograph shall include; the minimum, 10th, 25th, 50th (e.g., median), 75th and 90th percentiles and maximum water level for the long-term well(s) in conjunction with the on-site water-level data.

6.2.3.4.4.4 The peak on-site wet-season water level shall be corrected to the 10th percentile of the long-term record. Water levels <= 10th percentile shall not be corrected.

6.2.3.4.5 Aquifer Properties

Aquifer properties (e.g. saturated hydraulic conductivity, transmissivity) shall be derived from on-site in-situ testing (e.g. slug test, pumping test). Wells installed to establish groundwater-flow direction may be used for aquifer testing, provided they are suitably constructed and necessary documentation is available. Standard methods shall be used to implement the testing and analyze the data. Testing methods shall be clearly documented, and all data shall be submitted digitally to the Department.

6.2.3.5 Ambient Groundwater Quality

6.2.3.5.1 Ambient groundwater quality shall be established by conducting a minimum of three (3) independent sampling events. Each sampling event shall be at least 30 days apart and include a minimum of three (3) wells. Wells installed for the HSR may be used for long-term groundwater compliance monitoring provided they are constructed and classified according to the Delaware Regulations Governing the Construction and Use of Wells and are located in positions suitable to provide representative samples.

6.2.3.5.2 Specific conductance, pH, temperature, dissolved oxygen, and oxidation reduction potential shall be measured using a calibrated field meter during well purging, which should be performed using either a submersible or peristaltic pump. Once the field parameters have stabilized, a groundwater sample shall be obtained and analyzed by a certified laboratory. Sampling requirements are as follows. Additional parameters may be required depending on the proposed wastewater characteristics.

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6.2.3.5.3 Exceptions to these requirements may be considered by the Department. All data, including sampling logs, must be submitted in the HSR and Surface Water Assessment Report (SWAR) (see Section 6.2.4).

6.2.3.6 Groundwater Mounding Analysis

6.2.3.6.1 A groundwater mounding analysis must be performed to demonstrate that the required vertical isolation distance between the mounded water table and the disposal surface can be maintained (see Exhibit W).

6.2.3.6.2 The groundwater modeling requirements vary based on system type and capacity as follow:

6.2.3.6.2.1 All systems, excluding rapid infiltration basins (RIBs), with proposed discharges >= 2,500 gpd and <= 100,000 gpd must, at a minimum, use an analytical model.

6.2.3.6.2.2 All systems with proposed discharges > 100,000 gpd must use a numerical model.

6.2.3.6.2.3 All RIB systems must use a numerical model.

6.2.3.6.3 Selection of an analytical (e.g. Hantush equation) or numerical model (e.g. ModFlow) is at the discretion of the PG. Modeling protocol for the simulation of groundwater mounding must, at a minimum, include the following components (Anderson and Woessner, 1992):

6.2.3.6.3.1 Conceptual Model: A conceptual model must be developed based on the hydrogeologic framework and a preliminary design of the disposal system. Hydrologic boundaries of the groundwater-flow system must be defined in the conceptual model.

6.2.3.6.3.2 Model Documentation: The model selected for groundwater mounding analyses must be clearly referenced. Assumptions inherent in the selected model must be stated.

6.2.3.6.3.3 Model Design: Implementation of hydrologic properties and boundaries in the mathematical model must be documented to a degree that permits duplication of the modeling effort.

6.2.3.6.3.4 Calibration: Where applicable, methods used to calibrate the model must be stated, and calibration statistics must be furnished to the Department. Specifically, the root-mean-squared error (RMSE) and the normalized RMSE between modeled and observed hydraulic head must be presented.

6.2.3.6.3.5 Prediction: The model predicted groundwater mound(s) must be presented. Figures and/or tabulated data should be used in conjunction with written text to summarize the results.

6.2.3.6.4 The groundwater-mound elevation derived from the calibrated groundwater model shall be corrected with respect to the long-term wet-season water-table elevation determined in Section 6.2.3.4.4.4.

6.2.3.6.5 All RIB systems with a design flow >= 100,000 gpd must have a basin test performed to evaluate infiltration rates, the potential for perching and/or groundwater mounding.

6.2.3.6.5.1 The test basin(s) infiltration area must be a minimum of 10 foot diameter circle or a 10 foot by 10 foot square with the basin bottom completed at the same elevation as the proposed full-scale system.

6.2.3.6.5.2 The location of the basin(s) within the proposed disposal area shall be determined by the most hydraulically restrictive zone observed in the on-site borings (e.g., clay, silty clay, clayey silt).

6.2.3.6.5.3 A work plan must be submitted to the Department for approval prior to commencing the basin test. The work plan shall outline the proposed number of basins, size, location, construction methods, monitoring plan, dosing schedule and test duration.

6.2.3.7 Supplemental HSR Considerations

Due to unforeseen site complexity, wells and surface water bodies or system design the Department may require additional work beyond the HSR requirements previously outlined.

6.2.4 Surface Water Assessment Report (SWAR)

A Surface Water Assessment Report (SWAR) must be submitted to demonstrate that nutrient performance standards for wastewater are being met at the post treatment location of a large on-site system or through natural attenuation processes prior to reaching the closest receiving surface water body in order to comply with surface water quality standards. Work performed in connection with the SWAR requires geologic interpretation. These assessments must be completed by, or under the supervision of, a Delaware-licensed professional geologist (PG). The SWAR and related documents must bear the seal and signature of the PG overseeing the project. The SWAR must be submitted to the Department for review and approval. The SWAR must contain the following:

6.2.4.1 Identification of the watershed(s) in which the system is to be located.

6.2.4.2 Ambient groundwater quality determination to include:

6.2.4.2.1 Total phosphorus concentrations.

6.2.4.2.2 Total nitrogen concentrations.

6.2.4.2.3 Oxidation-reduction potential or dissolved oxygen measurement.

6.2.4.3 Background soil testing for total phosphorus to include either:

6.2.4.3.1 Fertility Index Value (FIV); or

6.2.4.3.2 Mehlich 3 value.

6.2.4.4 Phosphorus fate and transport evaluation is required when both conditions below are met:

6.2.4.4.1 A FIV > 100 or soil test value > 100 ppm by Mehlich 3 test.

6.2.4.4.2 Groundwater total phosphorus concentrations are > 0.034 mg/L and indicate reducing conditions due to a low dissolved oxygen concentration, < 1 mg/L, or an oxidation-reduction potential < 200 mV.

6.2.4.5 One (1) of the following approaches:

6.2.4.5.1 Demonstration that the wastewater treatment facility will achieve applicable performance standards (as defined in the definitions and identified in Exhibit MM) at the post treatment location for nitrogen and, if required, phosphorus as determined in 6.2.4.4 or

6.2.4.5.2 Perform a comprehensive analysis to determine surface water impact. A meeting with Department personnel and the PG will be held to discuss work plan development. The comprehensive analysis will include determination of the fate and transport of nitrogen and phosphorus at design and peak flows by means of a groundwater contaminant flow and transport model. Calculation of the groundwater nutrient loading to the nearest surface water body including the resulting modeled groundwater and stream nutrient concentrations. It must be demonstrated that the proposed system will not further impair water quality with respect to dissolved oxygen, enterococcus bacteria, total nitrogen and total phosphorus.

6.3 Design Parameters

6.3.1 Standard requirements

6.3.1.1 A large on-site wastewater treatment and disposal system is required when:

6.3.1.1.1 The proposed number of lots is >= 100 or

6.3.1.1.2 The overall density of the subdivision or planned unit development is more than one (1) dwelling unit per one half (1/2) acre.

6.3.1.2 Upon receiving a permit application, the Department may require a meeting with the Class D.3 soil scientist, Professional Geologist, and Class C designer to discuss the project.

6.3.1.3 Permit applications must demonstrate the system is designed in accordance with the prescribed system type and design considerations as specified in the approved SIR, HSR and SWAR for that parcel.

6.3.1.4 Disposal Area Determination

6.3.1.4.1 For dwellings consisting of up to four (4) bedrooms, the design peak daily flow rate to be utilized for the sizing of the disposal area(s) is 300 gallons per day (gpd) for each equivalent dwelling unit (EDU). Dwellings with higher numbers of bedrooms must seek Departmental approval.

6.3.1.5 Treatment Facility Sizing

6.3.1.5.1 The design average daily flow rate for sizing of the wastewater treatment plant is 220 gpd/EDU regardless of dwelling construction, treatment method or similar type projects.

6.3.1.5.2 A system may be designed in phases (see Section 6.5.11).

6.3.1.6 Large systems shall be designed with influent and effluent wastewater flow metering to evaluate treatment facility performance. Flow data must be recorded, totalized and reported to the Department by the licensed operator.

6.3.1.6.1 Where actual calibrated metered flow data indicating peak and average daily flows over the most three year period are available for a similar facility, such flow data may be substituted for the wastewater flows listed in this Section subject to the approval of the Department. When ranked in descending order, the adjusted design peak daily flow shall be determined by taking the numerical average of the daily readings within the upper 10% of the daily readings.

6.3.1.7 All new large wastewater treatment facilities shall adhere to Exhibit MM for performance standard criteria.

6.3.1.8 Any large system permitted prior to the promulgation of this regulation that does not meet the groundwater monitoring requirements in accordance with Section 6.8.1, the owner/operator will have up to 12 months from date of promulgation to bring system into compliance with the groundwater monitoring requirements.

6.3.1.9 All wastewater containing domestic wastes must undergo disinfection prior to being discharged to the disposal system with the exception of subsurface disposal methods. All disinfection must reduce fecal coliforms to <= 200 col/100 mL. Wastewater containing domestic wastes intended for spray irrigation onto unlimited public access sites must be disinfected prior to being discharged to the irrigation system to reduce fecal coliforms to <= 20 col/100mL (see Exhibit LL).

6.3.1.10 Solids, sludges, filter backwash or other pollutants removed in the course of treatment or control of wastewater shall be disposed of in a manner such as to prevent any pollutant from entering the surface water or groundwater and to comply with applicable federal or state laws and regulations.

6.3.1.11 Large system subsurface absorption facilities shall be designed with pressure distribution.

6.3.1.12 All mechanical tanks, chambers, vaults and pits proposed for a large system must be evaluated to determine if remote sensors/alarms are necessary to identify high water levels in order to avoid overflows. Sensors shall be connected to a notification mechanism that will notify the licensed wastewater operator if a high water level is reached. All lift stations and pumping chambers shall be equipped with remote sensors and notification mechanisms.

6.2.1.13 An alternative power source, which is sufficient to operate the wastewater treatment and disposal facilities, shall be available. If such alternative power source is not available, the permittee shall halt, reduce or otherwise control production and/or all discharges upon the reduction, loss, or failure of the primary source of power to the wastewater facilities.

6.3.1.14 Construction Permit

6.3.1.14.1 A construction permit application, plans and specifications and design engineer report with applicable fees must be submitted to the Department if the construction permit has expired or changes have occurred.

6.3.1.15 Operation Permit

6.3.1.15.1 Once an operation permit has been issued and the wastewater flow reaches 80% of the permitted treatment capacity for the constructed phase based on a period of seven (7) consecutive days, the permittee must submit written notification to the Department. The written notification must include a work plan for construction of the next permitted phase. The permittee must submit a construction permit application, plans and specifications and Design Engineer Report with applicable fees if the next phase has not yet been permitted or if there are changes to the previously permitted design.

6.3.1.15.2 Any flow above the permitted flow for a phase shall not be allowed to be discharged to the system until construction is completed on the following phase and an operating permit has been issued or amended by the Department for the next phase.

6.3.1.15.3 Effluent nitrogen and phosphorus concentration limits established by an applicable performance standard or approved SWAR will be based on the actual, metered influent flow to the large on-site wastewater treatment and disposal system. Once a system reaches a monthly average flow during any calendar month that exceeds the 20,000 gpd flow threshold the effluent nitrogen and phosphorus concentration limits will be reduced to comply with the established levels of the performance standards or approved SWAR, as applicable.

6.3.1.16 A 100% spare area must be maintained or set aside for full system replacement for all systems except spray irrigation in the event the initial system is taken off-line or a catastrophic failure occurs. The spare area should not be in the immediate vicinity of the initial system when the groundwater mounding analysis indicates groundwater mounding comes to within three (3) feet of the point of compliance of any system except spray irrigation. Upgrading the initial system(s) will not suffice as replacement area.

6.3.1.17 Vertical separation distances are measured between the point of compliance for each system type and the projected mounded groundwater elevation (see Exhibit W).

6.3.1.18 Sand-lining > 12 inches, except LPP's, will be allowed on a case by case basis if slowly permeable substratum is present in the proposed disposal area, however one (1) foot of unsaturated native soil must be maintained above the projected mounded groundwater elevation.

6.3.1.19 Engineered sandy fill must be used for replacing excavated native materials.

6.3.1.20 Minimum search distances for locating wells and watercourses for all large systems is 1,000 feet.

6.3.1.21 Minimum separation/buffer distances must be adhered to when siting all large system components (see Exhibit C).

6.3.1.22 A licensed Class E.4 system contractor must oversee the installation of all large systems.

6.3.2 System specific design parameters

6.3.2.1 Subsurface disposal

6.3.2.1.1 The absorption facilities shall be divided into relatively equal areas.

6.3.2.1.2 The length to width ratio for seepage beds and elevated sand mounds shall be 4:1 or greater.

6.3.2.1.3 Each unit shall receive no more than 1,300 gallons per day if seepage beds are utilized and no more than 2,600 gallons per day if seepage trenches are utilized.

6.3.2.1.4 Effluent distribution shall alternate between all disposal area units.

6.3.2.1.5 Each absorption facility shall be at least 10 feet apart.

6.3.2.1.6 The replacement (spare) disposal area must be divided in relatively equal units.

6.3.2.1.7 Refer to Section 5.0 for additional design considerations and construction requirements.

6.3.2.2 Rapid Infiltration Basins (RIB)

6.3.2.2.1 Design considerations

6.3.2.2.1.1 There must be a minimum of four (4) basins constructed. See Section 6.3.1.16 for spare area requirements.

6.3.2.2.1.2 RIBs shall have a 72-hour resting period between doses unless otherwise approved by the Department. Hydraulic loading and resting cycles shall be developed so as to restore operating infiltration rates of the RIB system to design levels by the end of the resting period.

6.3.2.2.1.3 RIBs are recommended to be configured in such a way as to reduce the effects of groundwater mounding. Basins should be configured in a strip configuration perpendicular to the direction of groundwater flow.

6.3.2.2.1.4 All berms must be at least two (2) feet tall, eight (8) feet wide (if providing access to that basin), and have a 3:1 slope ratio enabling light vehicular traffic for maintenance (e.g. mowing). Berms shall be compacted to prevent seepage and should be graded so drainage runoff flows away from the RIB area.

6.3.2.2.1.5 No filling or adding to original grade is allowed; therefore, the basin bottom must be leveled to the lowest elevation identified in the basin. Leveling of the basin bottom may need to be performed but not to exceed six (6) inches of additional engineered sandy fill.

6.3.2.2.1.6 The RIBs must be enclosed by fencing with a minimum height of 42-inches to prevent access to the area by foot or vehicular traffic. Fencing design must be approved by the Department. The entrance to the RIBs must be locked and signs must be posted every 200 feet warning the public that the enclosed area is utilized for the disposal of treated wastewater.

6.3.2.2.1.7 A silt fence must be installed around the perimeter of the basin between the berm and the basin bottom to prevent eroded sediments from moving into the basin during construction. The silt fence line must be shown in the construction permit application.

6.3.2.2.1.8 The permit application must identify the advantages of bare soil, vegetation or other media, as approved by the Department, on the basin bottom and which method is to be utilized. Additionally, a justification of why the particular method selected was chosen must be included.

6.3.2.2.1.9 If vegetation is grown in the basin, it must be limited to perennial grasses or as approved by the Department. Plants which develop woody root systems are prohibited.

6.3.2.2.1.10 A maintenance schedule for the removal of cuttings from the basin must be submitted to and approved by the Department, if applicable.

6.3.2.2.1.11 All berms must be seeded with perennial grasses or other suitable vegetation as determined appropriate by the Department to stabilize slopes and prevent erosion.

6.3.2.2.1.12 Berms must be maintained to prevent the establishment of plants with woody root systems.

6.3.2.2.1.13 Provisions shall be made in the design to ensure uniform distribution of wastewater across the entire bottom area of the basin by incorporating multiple discharge locations.

6.3.2.2.1.14 RIBs must be equipped to divert incoming wastewater to other basins or be completely shut off.

6.3.2.2.1.15 All wastewater containing domestic wastes must undergo disinfection prior to being discharged to a RIB.

6.3.2.2.2 Operation and Maintenance

6.3.2.2.2.1 The basin surface must be maintained as necessary to remove any impedance to infiltration. Any maintenance activity, scheduled or emergency must be performed when the basin is dry.

6.3.2.2.2.2 All basin maintenance activities must be documented in the log book and be available upon request for review.

6.3.2.2.2.3 If basins are vegetated, the grass must be cut regularly; cuttings collected and removed in accordance with approved schedule (see Section 6.3.2.2.1.10).

6.3.2.2.2.4 Berms must be properly maintained and periodically inspected for areas of settling, erosion, burrowing animal disturbance, etc.

6.3.2.2.2.5 Periodic infiltration testing may be required by the Department.

6.3.2.3 Spray irrigation

Wastewater spray irrigation systems may be utilized on agricultural land, forest lands and other designated areas.

6.3.2.3.1 Treatment standards

The applicant must develop and submit for the Department's review and approval, an operating protocol designed to ensure the high-level disinfection criteria is met before the wastewater is released to the storage system or to the wastewater reuse system.

6.3.2.3.1.1 Domestic Wastewater. All wastewaters containing domestic wastes shall receive, at a minimum, but not limited to biological treatment and disinfection prior to irrigation. This level of treatment is required to protect the health of persons who may come in contact with the irrigated wastewater and to reduce the potential for odors in storage ponds and during irrigation.

6.3.2.3.1.2 Industrial Wastewater. The Department will evaluate all industrial wastewaters to determine the required level of treatment. All industrial system permit applications must contain copies of work place chemical lists. Treatment requirements will be based on factors including, but not limited to, wastewater constituency, odors, nuisance conditions and adverse impacts to groundwater or soil, such as clogging and runoff.

6.3.2.3.2 Wastewater Effluent Standards

6.3.2.3.2.1 Wastewater effluent standards for domestic and municipal wastewater for BOD5, TSS, and disinfection are based on site access control. In cases where public access cannot be restricted, such as landscaped areas, golf courses, parks, and roadway medians, levels of wastewater pretreatment need to be increased in order to assure comparable public health safeguards exist (see Exhibit LL).

6.3.2.3.2.2 The point of compliance for monitoring effluent standards is after treatment and prior to storage unless otherwise specified in the permit or for effluent distribution in accordance with Section 6.11.

6.3.2.3.2.3 Wastewater reclamation standards for domestic and municipal wastewater for BOD5, TSS and disinfection are based on site access control.

6.3.2.3.2.4 Automatic diversion of wastewater that fails to meet the operating criteria must be included in the system design.

6.3.2.3.3 Public Access

6.3.2.3.3.1 Limited public access sites are sites where access by the public is controlled and only available to authorized personnel, including operations staff, laboratory staff and farm personnel.

6.3.2.3.3.1.1 Suitable barriers, access road gates, or "No Trespassing" signs must be provided at all limited access site entry points.

6.3.2.3.3.1.2 The treated wastewater utilized for limited public access sites must meet the following daily permissible average concentrations:

6.3.2.3.3.1.2.1 The 5-day Biochemical Oxygen Demand (BOD₅) of the treated wastewater must not exceed 50 mg/L. 6.3.2.3.3.1.2.2 Disinfection of wastewaters containing domestic waste is required to yield a discharge not to exceed 200 col/100 mL Fecal Coliform.

6.3.2.3.3.1.2.3 The treated wastewater must not contain more than 50 mg/L of Total Suspended Solids for mechanical systems and 90 mg/L of Total Suspended Solids for ponds.

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6.3.2.3.3.2 Unlimited public access

Unlimited public access sites are those landscaped areas such as golf courses, residential lawns, cemeteries, parks, and highway medians which may not have adequate buffer zones and are accessible to the public at all times.

6.3.2.3.3.2.1 Direct irrigation onto people and pets is to be avoided.

6.3.2.3.3.2.2 All wastewater used for irrigation on unlimited access sites must be biologically treated, filtered and disinfected. Any advanced treatment technology achieving the same treatment levels will be considered by the Department.

6.3.2.3.3.2.3 Disinfection

6.3.2.3.3.2.3.1 If chlorine is utilized for disinfection, a total chlorine residual ranging between 0.5 and 4 mg/L must be maintained at the compliance monitoring point prior to irrigation. If ultraviolet disinfection is utilized, ultraviolet disinfection must be performed following storage with an ultraviolet dose of 100 mJ/cm² or greater.

6.3.2.3.3.2.3.2 If chemical disinfection is utilized, continuous on-line monitoring of residual disinfection concentrations must be provided at the compliance monitoring point.

6.3.2.3.3.2.3.3 If ultraviolet disinfection is utilized, routine sampling for the effectiveness of disinfection must be performed at the compliance monitoring point.

6.3.2.3.3.2.4 The treated wastewater utilized for unlimited public access sites must meet the following daily permissible average concentrations:

6.3.2.3.3.2.4.1 The 5-day Biochemical Oxygen Demand (BOD₅) of the treated wastewater must not exceed 10 mg/L.

6.3.2.3.3.2.4.2 Disinfection of wastewaters containing domestic waste is required to yield a discharge not to exceed 20 col/100 mL Fecal Coliform.

6.3.2.3.3.2.4.3 The treated wastewater must not contain more than 10 mg/L Total Suspended Solids.

6.3.2.3.3.2.4.4 The turbidity of the treated wastewater must not exceed five (5) NTU.

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6.3.2.3.3.2.5 Treatment facilities for wastewater to be used on unlimited access sites shall include continuous on-line monitoring for turbidity at the compliance monitoring point.

6.3.2.3.4 Nitrogen

6.3.2.3.4.1 The Design Engineer Report must indicate the expected range of nitrogen in the treated wastewater.

6.3.2.3.4.2 Spray irrigation systems must be designed to ensure the performance standards are adhered to as outlined in Exhibit MM.

6.3.2.3.4.3 Nitrogen Balance

6.3.2.3.4.3.1 Percolate total nitrogen concentration must be estimated in a monthly nitrogen balance spreadsheet. The nitrogen balance must take into consideration the following: the average design wastewater loading, nitrogen concentration in effluent, average annual precipitation and fixation, application of all fertilizers, proposed cover crop and cover crop management scheme (see Exhibit GG).

6.3.2.3.4.3.2 In the nitrogen balance calculations, all nitrogen not lost to denitrification, ammonia volatilization, evapotranspiration or plant uptake must be assumed to leach into the groundwater as nitrate nitrogen.

6.3.2.3.4.3.3 For row and forage crop systems, assumed losses to denitrification should not exceed 15% of the total nitrogen applied.

6.3.2.3.4.3.4 In forest systems, assumed denitrification losses should not exceed 25%.

6.3.2.3.4.3.5 Assumed losses to ammonia volatilization should not exceed 5% of the total ammonia nitrogen applied.

6.3.2.3.4.3.6 Soil storage of nitrogen should be assumed to be zero.

6.3.2.3.4.3.7 The source of the monthly plant nitrogen uptake rate(s) used for design must be referenced in the Design Engineer Report.

6.3.2.3.5 Ponds

6.3.2.3.5.1 Treatment ponds may be aerated, facultative or a combined aerated-facultative system.

6.3.2.3.5.2 Sizing of completely and partially mixed aerated ponds must be based on first-order removal rate kinetic equations and the expected annual temperature variation.

6.3.2.3.5.3 Facultative pond cells must have an appropriate length to width ratio consistent with current engineering standards to minimize short circuiting.

6.3.2.3.5.4 Facultative pond cells must have a depth between three (3) and five (5) feet.

6.3.2.3.5.5 All systems must have provisions for storage or an alternative permitted disposal method(s).

6.3.2.3.5.6 Ponds used for treatment and/or storage must have impermeable synthetic liners having a hydraulic conductivity equal to or less than 1 X 10⁷ cm/sec.

6.3.2.3.5.7 At least three (3) feet of freeboard, measured from the lowest point of the berm, is required for all ponds. The lowest point of the berm must be determined and marked.

6.3.2.3.5.8 The base of any pond, at its lowest point, must be at least two (2) feet above the seasonal high water table.

6.3.2.3.6 Cover Crop Selection and Management

6.3.2.3.6.1 Crops irrigated with treated domestic wastewater must not be intended, utilized, sold or distributed for direct human consumption.

6.3.2.3.6.2 Spray field cover crops require management and periodic harvesting to maintain optimum growth conditions.

6.3.2.3.6.3 Forage crops must be harvested and removed from the irrigation field(s) at least twice a year. Crops harvested must be removed from the irrigation site within six (6) months of harvest.

6.3.2.3.6.4 Sufficient spray field area or storage capacity must be provided in the design to allow for harvesting and the regeneration cycle.

6.3.2.3.6.5 Spray irrigation fields must be assessed every five (5) years to determine if soils renovation or maintenance is necessary. Assessments must address crop consistency, soil monitoring results, infiltration, and compaction.

6.3.2.3.6.6 Disturbed areas in forest systems must be initially replanted or covered with thick mulch for succession to forest vegetation.

6.3.2.3.6.7 Pine forest systems should be harvested at 20 to 25 year intervals.

6.3.2.3.6.8 Hardwood forest systems should be harvested at 40 to 60 years.

6.3.2.3.6.8.1 Due to soil exposure and compaction as a result of any forest harvesting activities, wastewater loadings must be reduced following harvesting until the hydraulic capacity of the site is restored.

6.3.2.3.6.9 Forage crops irrigated with treated domestic wastewater must be harvested before feeding to livestock.

6.3.2.3.6.10 The grazing of animals on a site actively irrigated with treated domestic wastewater is prohibited.

6.3.2.3.6.11 If domestic treated wastewater applications are terminated, the facility must adhere to the following precautions:

6.3.2.3.6.11.1 Grazing by animals (other than lactating dairy cows) whose products are consumed by humans is prohibited for one (1) month.

6.3.2.3.6.11.2 Grazing by lactating dairy cows is prohibited for one (1) year.

6.3.2.3.6.11.3 Growing vegetables and root crops, which are eaten raw, is prohibited for 18 months.

6.3.2.3.6.11.4 Hay must not be cut for four (4) days after applications.

6.3.2.3.6.11.5 If the wastewater contains more than 25% industrial waste (excluding food processing industries) the forage must be monitored for potential toxicity problems to animals or possible food-chain effects.

6.3.2.3.6.12 Unmanaged, volunteer vegetation is not an acceptable spray field cover.

6.3.2.3.7 Soils

6.3.2.3.7.1 Soils with a permeability < .02 inches/hour are prohibited from irrigation of treated wastewater.

6.3.2.3.7.2 Soils with a depth to water < 24 inches are prohibited from irrigation of treated wastewater.

6.3.2.3.7.3 Equipment limitations and erosion potential dictate maximum slopes for wastewater spray fields to be limited to 7% for row crops, 15% for forage crops and 30% for forests.

6.3.2.3.7.4 Design considerations must be taken for depressions to preclude ponding.

6.3.2.3.8 Land limiting constituents

6.3.2.3.8.1 Annual loading rates and site life limitations must be determined for phosphorus and heavy metals present in the wastewater (see Exhibit HH).

6.3.2.3.8.2 Phosphorus

6.3.2.3.8.2.1 Phosphorus may become the land limiting constituent (LLC) of the irrigation site over time. Conditions which indicate that phosphorus has become the LLC include:

6.3.2.3.8.2.1.1 A rise in phosphorus concentrations as indicated by groundwater monitoring well test results over three consecutive sampling periods; or

6.3.2.3.8.2.1.2 Phosphorus adsorption test results indicate that the phosphorus adsorption capacity of the upper 24 inches of the soil column has decreased to a level at which the adsorption capacity is no longer sufficient to assimilate excess phosphorus not taken up by the vegetation.

6.3.2.3.8.2.1.3 Once phosphorus has become the LLC the phosphorus application rate must be reduced to crop phosphorus uptake levels. Under such conditions, high phosphorus utilization vegetation may be grown to increase the phosphorus assimilative capacity.

6.3.2.3.8.3 Heavy Metals

6.3.2.3.8.3.1 The site assimilative capacity for heavy metals (Cadmium, Copper, Lead, Nickel and Zinc) must be calculated on a constituent by constituent basis to approximate the site life for each spray irrigation field.

6.3.2.3.8.3.2 The cumulative metal loadings must not exceed the levels set forth in Exhibit HH.

6.3.2.3.8.3.3 Spray irrigation activities must be terminated when any one of the cumulative metal limits is reached unless otherwise mitigated.

6.3.2.3.9 Lysimeters

6.3.2.3.9.1 To allow for percolate monitoring, a minimum of one (1) pore-liquid sampler (lysimeter) as defined in ASTM Standard (D 4696) (Standard Guide for Pore-Liquid Sampling from the Vadose Zone) must be installed within the disposal area prior to system operation.

6.3.2.3.10 Buffer requirements Buffer zones are required to control aerosols. Buffer zones must be vegetated.

6.3.2.3.10.1 The following buffer zones must be provided for limited public access spray irrigation sites:

6.3.2.3.10.1.1 A 150 foot buffer must be maintained between the edge of the wetted field area and all property boundaries.

6.3.2.3.10.1.2 A 150 foot buffer must be maintained between the edge of the wetted field area and the shoulder of internal and external public roads. Buffers from highways must be measured from the outer edge of the shoulder or edge of the highway, if no shoulder.

6.3.2.3.10.1.3 A 150 foot buffer must be maintained between the edge of the wetted field area and any public supply well and a 100 foot buffer from any individual domestic well unless other jurisdictions dictate greater distances.

6.3.2.3.10.1.4 Internal roads that are closed to public use do not require buffer zones.

6.3.2.3.10.1.5 A 100 foot buffer is required between the wetted edge of spray fields and the edge of any perennial lake or stream or ephemeral drain.

6.3.2.3.10.1.6 A 50 foot buffer is required between spray fields and the edge of any channelized, intermittent watercourse.

6.3.2.3.10.1.7 If an intermittent watercourse were to become perennial, the 100 foot buffer requirement will apply.

6.3.2.3.10.1.8 A 50 foot buffer is required between the wetted field area and the edge of any wetlands.

6.3.2.3.10.2 Lesser distances may be permitted if the design and operations demonstrate that aerosols will be contained within the site and/or no threat to public health or the environment exists.

6.3.2.3.10.3 Buffer zones for unlimited public access sites are not normally required except for Sections 6.3.2.3.10.1.5, 6.3.2.3.10.1.6, 6.3.2.3.10.1.7 and 6.3.2.3.10.1.8 however other buffers may be necessary depending on site constraints.

6.3.2.3.10.4 Buffer zones around pretreatment facilities shall be designed for aerosol containment, noise abatement and nuisance control.

6.3.2.3.11 Water Balance Calculations

6.3.2.3.11.1 The Design Engineer Report must contain monthly water balance calculations to determine the design hydraulic loading.

6.3.2.3.11.2 Average monthly values for potential evapotranspiration generated from vegetative, soil and climatological data are to be used in the water balance calculations. A list of evapotranspiration references is presented in Exhibits II & JJ.

6.3.2.3.11.3 The Department requires the use of five (5) year return monthly precipitation values in water balance calculations. Five (5) year return values are defined as the 80th percentile value in a 30 year ranked listing of historical monthly precipitation data (see Exhibit KK).

6.3.2.3.12 Storage

6.3.2.3.12.1 Municipal systems require a minimum of 45 days storage, unless other disposal options are permitted.

6.3.2.3.12.2 All facilities must demonstrate through monthly wastewater irrigation rate calculations that adequate storage is provided for design flows.

6.3.2.3.12.3 A separate off-line system for storage of reject wastewater must be provided at all unlimited access sites unless another permitted reuse system or effluent disposal system is capable of receiving the reject wastewater. At a minimum, this capacity must be the volume equal to two days flow at the average daily design flow rate of the treatment facility. Provisions for re-circulating the reject wastewater back to the treatment facility for further treatment may be incorporated into the design of the facility.

6.3.2.3.12.4 The Design Engineer Report must demonstrate through monthly calculations that there is sufficient spray acreage to eliminate the average daily design flow and the total storage volume within a 90 day period via irrigation.

6.3.2.3.13 Other System Design Considerations

6.3.2.3.13.1 The source of all data used and assumptions made for design must be referenced in the Design Engineer Report.

6.3.2.3.13.2 Signs

6.3.2.3.13.2.1 Limited Public Access: Signs must be posted on all limited public access spray fields utilized to irrigate treated wastewater to prohibit public contact. The signs must indicate that the water being irrigated is treated wastewater. The signs must be legible. Limited public access sites must have signs posted on the perimeter every 1,000 feet, at a minimum, and at all entry points. Unlimited public access sites must have signs posted at all entry points.

6.3.2.3.13.2.2 Unlimited Public Access: Unlimited public access sites must have advisory signs posted at all entry points that indicate the site is spray irrigated with treated wastewater. Verbiage should include the following wording: "RECYCLED WASTEWATER - DO NOT DRINK". Alternate verbiage may be used if approved in writing by the Department.

6.3.2.3.13.3 Fencing is required at treatment facilities, pump stations and storage/treatment ponds. Fencing of spray fields is not required.

6.3.2.3.13.4 All domestic, irrigation, commercial, industrial, and public wells must be identified within 1,000 linear feet from the perimeter of the irrigation fields.

6.3.2.3.13.5 Shallow and poorly constructed wells within the land treatment system will require proper abandonment.

6.3.2.3.13.6 The design percolation rate at land treatment sites with seasonal high groundwater at depths greater than five (5) feet (after consideration of mounding due to wastewater irrigation) be no more than 10% of the mean saturated hydraulic conductivity of the most limiting layer within the first five feet from the surface.

6.3.2.3.13.7 The Design Engineer Report must include an emergency contingency plan to demonstrate preparedness in the event that the wastewater treatment facility may experience a significant natural occurrence.

6.3.2.3.13.7.1 The contingency plan must address, but must not be limited to, extended periods of excessive precipitation, and extended periods of subfreezing temperatures causing prolonged periods of frozen soil conditions.

6.3.2.3.13.7.2 The contingency plan must delineate the wastewater treatment facilities available options to reduce, eliminate and/or prevent non-compliant conditions.

6.3.2.3.13.8 Wastewater application rates

6.3.2.3.13.8.1 Wastewater application rates may not exceed a maximum of 2.5 inches/acre/7 day period absent Department written authorization.

6.3.2.3.13.8.2 There must be a sufficient rest period between applications to prevent field saturation from occurring in any part of the field.

6.3.2.3.13.8.3 Sites that experience direct runoff as a result of wastewater irrigation must reduce application rates.

6.3.2.3.13.8.4 The design wastewater application rates must account for site specific:

6.3.2.3.13.8.4.1 Precipitation - normal and 5 year return (P5).

6.3.2.3.13.8.4.2 Evapotranspiration.

6.3.2.3.13.8.4.3 Design percolation rate.

6.3.2.3.13.8.4.4 Nitrogen loading and other constituent loading limitations.

6.3.2.3.13.8.4.5 Groundwater and drainage conditions.

6.3.2.3.13.8.4.6 Influent wastewater flows.

6.3.2.3.13.9 The collection and channelization of irrigated wastewater for purposes other than retreatment is prohibited.

6.3.2.3.13.10 Direct application of treated wastewater to drainage ditches, any water bodies, and wetlands is prohibited.

6.3.2.3.13.11 Irrigation on frozen or saturated soils is prohibited.

6.3.2.3.13.12 Surface water bodies adjacent to wastewater spray irrigation sites must be monitored by the wastewater treatment facility. The Department may deem necessary the monitoring of other surface water bodies in close proximity to the spray irrigation site. Monitoring must be performed upgradient and downgradient of the irrigation site.

6.3.2.3.13.13 Spray nozzle pressure variation due to friction loss and static head for solid set, uniformly spaced systems should not exceed plus or minus 10% of the design spray nozzle pressure. If this criterion cannot be met, sprinkler head spacing and spray nozzle diameters must be adjusted or flow control valves be used to ensure a uniform application covering the entire application area.

6.3.2.3.13.14 The use of secondary mist nozzles on impact sprinklers is prohibited.

6.3.2.3.13.15 The layout of spray fields and spray field roads shall provide easy access for inspection and maintenance of the distribution system. Spray field access roads must be designed for all weather use.

6.3.2.3.13.16 A recording device is required to measure the total volume of treated wastewater applied to each spray irrigation pivot/zone.

6.3.2.3.13.17 A recording device is required to measure the total volume of treated wastewater entering into storage.

6.3.2.3.13.18 A low pressure detection system to automatically shut down irrigation pumps in the event of force main, sub-main or lateral blowout is required.

6.3.2.3.13.19 A high pressure shut-off at the irrigation pump station must also be provided.

6.3.2.3.13.20 Above ground piping systems must drain when depressurized. Pipe drains shall discharge either to the spray fields or other identified vegetated areas and must not produce a runoff.

6.3.2.3.13.21 Sites with seasonal high groundwater less than five (5) feet deep (after consideration of mounding due to wastewater irrigation) must perform depth to water monitoring prior to spray irrigation to ensure the depth to water is greater than two (2) feet during irrigation.

6.3.2.3.13.22 Prior to pumping to the spray field distribution system, materials that can clog distribution pipes or spray nozzles must be removed, if applicable. Screening to remove solids greater than one-third (1/3) the diameter of the smallest sprinkler nozzle is recommended. Screenings must be captured and removed for disposal (method of disposal must be described in detail).

6.3.2.3.13.23 The application of commercial fertilizers on spray irrigation fields is prohibited unless prior written approval from the Department is granted.

6.3.2.3.14 Leased Agricultural Sites

6.3.2.3.14.1 All sites to be leased for utilization for spray irrigation of treated wastewater are subject to the application process and provisions set forth in this regulation.

6.3.2.3.14.2 The applicant shall provide a map depicting each field and crop type proposed for treated wastewater disposal.

6.3.2.3.14.3 The applicant shall provide a copy of a lease/contract between the applicant and the owner of the site. The lease/contract must include the following:

6.3.2.3.14.3.1 The acreage of each field to be utilized.

6.3.2.3.14.3.2 The crop types to be grown on each field.

6.3.2.3.14.3.3 The farmer that will be growing and maintaining the crops.

6.3.2.3.14.3.4 The minimum volume of treated wastewater per each calendar month the farmer will accept on each crop.

6.3.2.3.14.3.5 The minimum amount of treated wastewater the farmer must accept to receive full payment of any amount negotiated for land use if applicable.

6.3.2.3.14.3.6 A delineation of ownership, operation and maintenance of spray irrigation equipment and piping.

6.4 Legal Documentation

6.4.1 Owner/Operators of large and/or community on-site wastewater treatment and disposal systems must provide legal documentation addressing long term management of the system. Public wastewater utilities subject to the jurisdiction of the Delaware Public Service Commission (PSC) may be exempt from this section and, if exempt, shall comply with Section 6.4.2. Municipalities and political subdivisions are exempt from Section 6.4.

6.4.1.1 Applications for permits to construct and operate large and/or community on-site wastewater treatment and disposal systems shall include documentation addressing construction, ownership, operational responsibility, transfer of ownership, maintenance, repairs, operation, performance and funding of the on-site wastewater treatment and disposal system through the design life of the system. This documentation shall be in the form of a Binding Agreement between the applicant for the construction and/or operation permits, and owner/operator.

6.4.1.1.1 The Binding Agreement must:

6.4.1.1.1.1 Identify a responsible party (Public Wastewater Utility, Home Owners Association, property owner, etc.) that will assume full responsibility for the operation, management, maintenance and repairs of the large and/or community on-site wastewater and disposal system, the wastewater system, upon satisfactory completion of the construction, by providing:

6.4.1.1.1.1.1 Full name and business address of the responsible party.

6.4.1.1.1.1.2 A description of the responsible party's experience, training and education in the wastewater treatment and disposal industry, together with any supporting data regarding the responsible party's qualifications in the industry.

6.4.1.1.1.1.3 Proof of the responsible party's financial solvency by providing a business financial statement (including balance sheet) that is not more than six (6) months old, and a statement of financial encumbrances.

6.4.1.1.1.1.4 A list of licensed wastewater treatment facility operators employed by the responsible party. The required class of operator will be determined by the Board of Certification for Licensed Wastewater Operators (refer to the Regulations for Licensing Operators of Wastewater Facilities).

6.4.1.1.1.2 Identify the terms and conditions under which the responsible party shall assume operational responsibility of the wastewater system.

6.4.1.1.1.3 Provide a detailed description of the wastewater system.

6.4.1.1.1.4 Disclose any existing encumbrances, liens or other indebtedness to the title of the wastewater system.

6.4.1.1.1.5 Provide an operating budget with a funding plan for the proper operation and maintenance of the wastewater system, including the accumulation of funds necessary to provide for repair or replacement of mechanical components of the wastewater system based on manufacturer recommendation. See Section 6.4.1.3 for funding requirements.

6.4.1.1.1.6 The operating budget shall include the establishment of an escrow account to be maintained by the responsible party and used exclusively for repair and replacement of failed or failing components of the wastewater system.

6.4.1.1.1.7 The escrow account may not be used for phasing construction or the expansion of the wastewater system to accommodate additional residential units.

6.4.1.1.1.8 The responsible party must maintain the escrow account throughout the life of the wastewater treatment, conveyance and disposal system, or any component thereof that the responsible party is responsible for managing.

6.4.1.2 An application to operate a large and/or community on-site wastewater treatment and disposal system shall include documentation demonstrating that an escrow account has been established. The value of the escrow account shall be equivalent to 25% of the cost of all mechanical equipment (e.g., pumps, flow meters, aerators, blowers, gear boxes) plus 50% of the cost of construction of the wastewater treatment's disposal system (e.g., infiltration beds, trenches).

6.4.1.3 Funds shall be deposited into the escrow account as dwelling units are connected to the wastewater system. The amount of funds deposited shall be equivalent to the percentage of units connected to the wastewater system (e.g., at 25% of build-out, the funds accumulated in the escrow account shall equal 25% of the amount established in 6.4.1.2).

6.4.1.4 The responsible party of the wastewater system shall notify the Department, in writing, of intent to access funds from the escrow account. The escrow funds may not be used without prior written approval of the Department. When escrow funds are used for the repair and/or replacement of mechanical equipment, the responsible party must submit a plan for the reestablishment of the escrow fund balance through the use of user fees or other sources.

6.4.1.5 The escrow account established for a community or a development can only be used for the community or development for which it was established. Accounts for non-contiguous communities or developments may not be co-mingled.

6.4.1.6 If the wastewater system for which the escrow account was established is abandoned, and the development connects to a regional or municipal wastewater treatment facility, the escrow account may be reduced to cover 25% of the replacement cost of all mechanical equipment associated with the transmission and conveyance sewer lines. If the transmission and conveyance sewer lines are all gravity lines, with no lift stations, pumps, or other mechanical equipment, the escrow account may be terminated and the funds returned to the wastewater system owner.

6.4.1.7 The escrow account must be approved by the Department and fully executed before an operation permit will be issued by the Department.

6.4.1.8 The Department shall have the right to inspect and review the financial records of the owner of the wastewater system, to include the operating budget, escrow account, and financial statements. The responsible party shall provide to the Department an annual financial report. The annual financial report shall include the following:

6.4.1.8.1 The number of homes or equivalent dwelling units connected to the facility during the calendar year.

6.4.1.8.2 The total amount of funds in the escrow account on the last day of the calendar year.

6.4.1.8.3 The amount of money withdrawn from the escrow account during the calendar year.

6.4.1.8.4 The amount of money returned to the escrow account during the calendar year.

6.4.1.8.5 The surplus or deficit of funds in the escrow account on the last day of the calendar year.

6.4.1.9 An application for a permit to construct a large and/or community on-site wastewater treatment and disposal system shall include an executed performance bond, irrevocable letter of credit, or other security, as approved by the Department. The performance bond shall be made payable to the Department and the obligation of the performance bond shall be conditioned upon the fulfillment of all requirements related to the construction permit. Terms of the performance bond shall be:

6.4.1.9.1 The amount shall be equivalent to 100% of the construction cost of the wastewater system (excluding the conveyance system and its appurtenances).

6.4.1.9.2 A performance bond is not required for any local, municipal, county, state, federal government agency, political subdivisions of the state or public wastewater utilities having more than $1,000,000.00 in annual revenue, provided the utility is duly incorporated within the State of Delaware, and is in compliance with Section 6.4.2.

6.4.1.9.3 The Department shall be made the beneficiary of the security and obligations thereof shall be conditioned upon the fulfillment of all requirements of the construction permit. The Department shall release the security only after the wastewater system has been constructed in accordance with approved plans, the operation permit has been issued by the Department and the system is performing in accordance with the conditions established in the operation permit, provided all other requirements are met.

6.4.1.9.4 The performance bond shall be executed by the responsible party through a corporate surety licensed to do business in the State of Delaware. In lieu of a performance bond, the responsible party may elect to provide an original irrevocable letter of credit equal to the required sum of the performance bond.

6.4.1.9.5 The obligation of the responsible party under the performance bond shall become due and payable for the purposes of properly fulfilling the requirements of the construction permit when the Department has:

6.4.1.9.5.1 Notified the responsible party that the conditions of the permit have not been fulfilled and specified the specific deficiencies in the fulfillment of the permit conditions;

6.4.1.9.5.2 Given the responsible party an opportunity to correct the deficiencies and to fulfill all the conditions of the permit; and

6.4.1.9.5.3 Determined that, at the end of a specified length of time, some or all of the deficiencies specified under Section 6.4.1.9.5.1 remain uncorrected.

6.4.1.9.6 Upon formal transfer of ownership of a large wastewater system to an entity identified in Section 6.4.1.1.1.1, the performance bond requirement shall cease provided all other requirements are met.

6.4.1.10 The construction permit application shall also include the following documents for legal review by the Department;

6.4.1.10.1 A Purchase and Sale Agreement which specifies that the purchaser or a dwelling unit has an encumbrance on the title for wastewater treatment and disposal system operation fees, easements, and other assessments related to the community system.

6.4.1.10.2 An Acknowledgment of Buyer which is appended to the Purchase and Sale Agreement and signed by the buyer after being furnished copies of appropriate agreements, covenants, restrictions, Articles of Incorporation and Bylaws of the Owner's Association, and indicates understanding that the buyer is obligated to pay assessments for maintaining the community system.

6.4.1.10.3 The Articles of Incorporation which establishes the owner's association as a state chartered, nonprofit corporation and gives the owners' association specific authority to operate, maintain, and repair the large system; to collect fees and special assessments; and to enforce any covenants, restrictions, or agreements.

6.4.1.10.4 The Bylaws of the Owners' Association which govern the operation of the owners' association and specifically authorizes the Board of Directors to supervise the operation and maintenance of the large system, collect fees and special assessments, and to take appropriate action when the public health is imperiled by the malfunctioning of the community system.

6.4.1.10.5 A Declaration of Covenants, Restrictions, and Easements which establishes, among many other limitations, the easements for the on site sewage collection, treatment, and disposal system, and specifies responsibilities of the developers, their successors or assigns, and any owners' association regarding the community system. It further sets the fees and assessments for operation and maintenance of the large system.

6.4.1.11 For developments that do not contain homeowner's associations, the above list of documents may be modified, at the Department's discretion, to include only those documents that are applicable.

6.4.1.12 All large or community systems that are owned solely by one owner, partnership or corporation, who own the property that the system will be installed upon and the area to be serviced by the system must execute a Declaration of Covenants and Restrictions (DCR). The DCR must be notarized and recorded at the County's Office of the Recorder of Deeds after it has been approved by the Department. The recorded copy shall then be returned to the Department. Large or community systems meeting this requirement shall be exempt from Sections 6.4.1.10 and 6.4.1.11.

6.4.1.13 Once the Department has verified that the wastewater system has been constructed in accordance with approved plans, the owner may apply for a permit to operate the system.

6.4.1.14 Responsibility for operation and maintenance of a large or community system shall be vested in a governmental unit or a Council on behalf of the unit property owners pursuant to25Del.C.Ch. 22 or for subdivisions with an owners' association duly incorporated within the State with specific authority to operate, maintain, and repair the large or community system, to collect fees and special assessments and to enforce any covenants, restrictions or agreements (see Section 6.4.1.10).

6.4.2 A public wastewater utility may be exempted from the requirements of Section 6.4.1 under the following provisions:

6.4.2.1 The public wastewater utility is certified by the PSC and is in full compliance with26DE Admin. Code6001, Regulations Concerning the Jurisdiction of the Public Service Commission to Grant and Revoke Certificates of Public Convenience and Necessity (CPCN) to Provide Wastewater Service and §6002 Regulations Governing the Minimum Standards for Service Provided by Public Wastewater Utilities Subject to the Jurisdiction of the Delaware Public Service Commission.

6.4.2.2 Public wastewater utilities having < $1,000,000.00 in annual revenue, for the utility or its parent company, must establish an escrow account and secure a construction bond.

6.4.2.3 The Utility must be duly incorporated within the State and remain in good standing.

6.4.2.4 The Utility must remain financially solvent on a continuous basis through a method of financing construction, maintenance, operation, and emergency work related to the large system to the exclusion of whatever other obligations the corporation may assume in other fields.

6.4.2.5 To the extent not already on file with the PSC, the following documents must be submitted to the Department before a Utility may be permitted to operate a large and/or community on-site wastewater treatment and disposal system:

6.4.2.5.1 Copy of the Utility's Article of Incorporation.

6.4.2.5.2 Copy of the general ledger for the two previous years and current year to date.

6.4.2.5.3 Statement of revenue and expenditures with details of revenue for service provided, capital fees, interest earnings, debt costs, income taxes and other applicable expenses.

6.4.2.5.4 Explanation of how the construction and operation of the wastewater system will be funded.

6.5 Large System Permitting

In order to obtain a permit to construct and operate an on-site wastewater treatment and disposal systems with daily flow rates of >= 2,500 gallons, a permit application must be submitted to the Department for review and approval. A permit application will not be reviewed by the Department until the SIR, HSR and SWAR have been reviewed and approved by the Department.

6.5.1 Large system construction permit application requirements

All large system construction permit applications must contain the following:

6.5.1.1 DNREC application form.

6.5.1.2 Applicable DNREC fees.

6.5.1.3 Written approval from all appropriate governmental entities for the construction for the collection system.

6.5.1.4 Design Engineer Report

The Design Engineer Report is to be submitted for Department review by the owner or a designated agent. The report must include all applicable calculations and justifications for the overall design of the on-site wastewater treatment and disposal facility including pump stations and treatment processes. Once approved by the Department, the Design Engineer Report becomes the basis of design for the project. Once the facility is permitted, the facility must be constructed, operated and maintained in accordance with the Design Engineer Report. The Design Engineer Report must, at a minimum, address all of the following applicable items:

6.5.1.4.1 General information

6.5.1.4.1.1 Executive summary

6.5.1.4.1.1.1 Purpose

6.5.1.4.1.1.2 Scope

6.5.1.4.1.1.3 Design flows (peaks and average)

6.5.1.4.1.1.4 Number of equivalent dwelling units

6.5.1.4.1.1.5 Influent wastewater characteristics

6.5.1.4.1.1.6 Design effluent wastewater characteristics

6.5.1.4.1.2 Summary table of design parameters

6.5.1.4.1.3 Facility name

6.5.1.4.1.3.1 Brief description of proposed activity

6.5.1.4.1.3.2 Facility location

6.5.1.4.1.3.2.1 Area by cross roads

6.5.1.4.1.3.2.2 All applicable tax map parcels

6.5.1.4.1.3.2.3 The 12 digit Hydrologic Unit Code (HUC) Watershed(s) name(s)

6.5.1.4.1.3.2.4 County

6.5.1.4.1.3.2.5 Location map

6.5.1.4.1.3.3 Developer/owner

6.5.1.4.1.3.3.1 Name 6.5.1.4.1.3.3.2 Mailing and email addresses

6.5.1.4.1.3.4 Utility/operator

6.5.1.4.1.3.4.1 Plan of long term ownership and operation

6.5.1.4.1.3.5 Certificate of Public Conveyance and Necessity (CPCN). When applicable, a CPCN must be fully executed with the Public Service Commission before the Department will issue a permit to operate a large on-site wastewater treatment and disposal system.

6.5.1.4.1.3.6 Conditional use approval

6.5.1.4.1.3.7 Lease agreement(s)

6.5.1.4.1.3.8 Easement agreement(s)

6.5.1.4.1.3.9 Legal documents (see Section 6.4 for additional legal requirements)

6.5.1.4.1.4 Site Map

6.5.1.4.1.4.1 Provide scaled drawings with one (1) foot contour elevations, excluding spray irrigation fields, showing:

6.5.1.4.1.4.1.1 Layout of service area (development, strip mall, etc.)

6.5.1.4.1.4.1.2 Wastewater treatment facility, including:

6.5.1.4.1.4.1.2.1 Lift stations

6.5.1.4.1.4.1.2.2 Storage structures

6.5.1.4.1.4.1.3 Disposal site(s) and spare disposal site area(s)

6.5.1.4.1.4.1.4 Irrigation fields including acreage of each pivot or zone with two (2) foot contour elevations

6.5.1.4.1.4.1.5 Access roads and utilities

6.5.1.4.1.4.1.6 Location of all monitoring and observation wells (existing and proposed)

6.5.1.4.1.4.1.7 Buffers to property lines, watercourses and wetlands

6.5.1.4.1.4.1.8 Location of any storm water control structures

6.5.1.4.1.4.1.9 Drainage structures

6.5.1.4.1.4.1.10 FEMA 100 year floodplain line

6.5.1.4.1.4.1.11 Location of any wetlands, refer to the 2007 Statewide Wetlands Mapping Project (SWMP) map, and State Tidal Wetlands maps, if applicable

6.5.1.4.1.4.1.12 Watercourses within or contiguous to the site

6.5.1.4.1.4.1.13 Residences and habitable structures within or contiguous to the site

6.5.1.4.1.5 Design wastewater characteristics

Design wastewater characteristics for new facilities must be in accordance with current industry averages. Expansions and phase upgrades must utilize actual parameter concentrations from monitoring results.

6.5.1.4.1.5.1 Influent to treatment facility

6.5.1.4.1.5.1.1 Average and peak daily flow

6.5.1.4.1.5.1.2 BOD₅

6.5.1.4.1.5.1.3 Total suspended solids (TSS)

6.5.1.4.1.5.1.4 Ammonia nitrogen

6.5.1.4.1.5.1.5 Nitrate + Nitrite nitrogen

6.5.1.4.1.5.1.6 Total nitrogen

6.5.1.4.1.5.1.7 Total phosphorus

6.5.1.4.1.5.1.8 Sodium

6.5.1.4.1.5.1.9 Chlorides

6.5.1.4.1.5.1.10 pH

6.5.1.4.1.5.1.11 Additional parameters may be warranted for industrial facilities based on materials processed and Material Safety Data Sheets

6.5.1.4.1.5.2 Effluent to disposal system

6.5.1.4.1.5.2.1 Average and peak daily flow

6.5.1.4.1.5.2.2 BOD₅

6.5.1.4.1.5.2.3 TSS

6.5.1.4.1.5.2.4 Nitrate + Nitrite nitrogen

6.5.1.4.1.5.2.5 Ammonia nitrogen

6.5.1.4.1.5.2.6 Total nitrogen

6.5.1.4.1.5.2.7 Total phosphorus

6.5.1.4.1.5.2.8 Chlorides

6.5.1.4.1.5.2.9 Sodium

6.5.1.4.1.5.2.10 Sodium adsorption ratio, if applicable

6.5.1.4.1.5.2.11 Metals (Copper, Cadmium, Nickel, Lead, Zinc)

6.5.1.4.1.5.2.12 pH

6.5.1.4.1.5.2.13 Fecal coliform

6.5.1.4.1.6 Wastewater treatment facility process design

6.5.1.4.1.6.1 Overview

6.5.1.4.1.6.2 Process description

6.5.1.4.1.6.3 Process flow diagram

6.5.1.4.1.6.4 Hydraulic profile

6.5.1.4.1.6.5 Level of treatment

6.5.1.4.1.6.6 Schematic of pump stations and unit processes

6.5.1.4.1.6.7 Basin/tank volumes

6.5.1.4.1.6.8 Storage capacities

6.5.1.4.1.6.9 Capacity of pumps, blowers and other mechanical equipment

6.5.1.4.1.6.10 Determination of required storage volume

6.5.1.4.1.6.11 Chemical addition

6.5.1.4.1.6.12 Grit removal and/or screening process

6.5.1.4.1.6.13 Sludge production and disposal process

6.5.1.4.1.6.14 Influent and effluent flow metering and recordation

6.5.1.4.1.6.15 Overview of mechanical control and alarm system(s)

6.5.1.4.1.6.16 Calculations

6.5.1.4.1.6.16.1 Process design calculations and equations

6.5.1.4.1.6.16.2 Wastewater disposal system sizing

6.5.1.4.1.6.16.3 Dosing

6.5.1.4.1.6.16.4 Sludge production

6.5.1.4.1.6.16.5 Lift station(s)

6.5.1.4.1.6.16.6 Provide all assumptions used and supporting data

6.5.1.4.1.7 Effluent disposal system

6.5.1.4.1.7.1 Disposal system type

6.5.1.4.1.7.2 Effluent conveyance and distribution

6.5.1.4.1.7.3 Flow metering and recordation

6.5.1.4.1.7.4 Disinfection

6.5.1.4.1.7.5 Loading rates

6.5.1.4.1.7.6 Spray specific

6.5.1.4.1.7.6.1 Water balance/determination of design wastewater loading(s)

6.5.1.4.1.7.6.2 Phosphorus and other constituent metals loading rates

6.5.1.4.1.7.6.3 Determination of land limiting constituent (LLC) and site life based on LLC

6.5.1.4.1.7.6.4 Determination of required wetted field area(s)

6.5.1.4.1.7.6.5 Actual design wetted field area(s)

6.5.1.4.1.7.6.6 Determination of required storage volume

6.5.1.4.1.7.6.7 Actual design storage volume

6.5.1.4.1.7.6.8 Five (5) year vegetative management plan to include:

6.5.1.4.1.7.6.8.1 Crop type(s)

6.5.1.4.1.7.6.8.2 Crop planting sequence

6.5.1.4.1.7.6.8.3 Anticipated crop yield based on field data

6.5.1.4.1.7.6.8.4 Timing and application rates of commercial fertilizers (See Section 6.3.2.3.13.24), if applicable

6.5.1.4.1.7.6.8.5 Planting and harvesting timelines

6.5.1.4.1.7.6.8.6 Nitrogen balance calculation sheet

6.5.1.4.1.7.6.8.7 Selection of cover crop and management scheme(s)

6.5.1.4.1.7.6.8.8 Phosphorus balance calculations for phosphorus limited sites

6.5.1.4.1.7.6.9 Construction application requirements

6.5.1.4.1.7.6.9.1 After performing individual calculations to determine the design parameters, create and submit an active spreadsheet that incorporates all required calculated design parameters, and demonstrates their mathematical influence on each other per field and per month. The spreadsheet should iterate the design parameters, including, but not limited to, the Design Treatment Capacity, Design Disposal Capacity, Daily Average Flow, Total Spray Acreage, Maximum Allowed Infiltration Rate, Irrigation Rate, Total Storage Volume, etc. Include nitrogen balance calculations taking into consideration the Average Design Wastewater Loading, Nitrogen Concentration in Effluent, Average Annual Precipitation and Fixation, Application of all Fertilizers, Proposed Cover Crop and Cover Crop Management Scheme, Crop Nitrogen Uptake Rates.

6.5.1.4.1.7.6.9.2 Ensure the spreadsheet includes monthly storage pond volume calculations and required storage calculations. Ensure that the calculations demonstrate the ability to evacuate the maximum accumulated storage within a 90 day period and include the following considerations on a monthly basis: Average Precipitation, Volume Added to Pond from Precipitation, Evaporation, Volume lost due to Evaporation, Net Change in Pond Volume, Treated Effluent Volume to Pond, Potential Application from Pond to Spray Fields, Change in Volume, Required Accumulated Storage.

6.5.1.4.1.8 Monitoring of effluent, groundwater and surface waters

6.5.1.4.1.8.1 Site map depicting proposed locations of monitoring points, wells and lysimeters

6.5.1.4.1.9 Project phasing (see Section 6.5.11)

6.5.1.5 Plans

The plans must include, at a minimum, the following applicable items:

6.5.1.5.1 Site Plan:

6.5.1.5.1.1 Layout of collection system(s), including lift station and force mains.

6.5.1.5.2 General layout of the wastewater treatment facility including:

6.5.1.5.2.1 Topography of the wastewater treatment facility site with one (1) foot contours unless the Department approved the use of an alternate scale. Topography for spray irrigation fields may utilize two (2) foot contour intervals.

6.5.1.5.2.2 Size and location of all proposed wastewater treatment plant structure(s).

6.5.1.5.2.3 Process flow diagram showing the flow through all treatment units.

6.5.1.5.2.4 Piping and appurtenances (including arrangements for bypassing individual units).

6.5.1.5.2.5 Materials handled and direction of flow through pipes must be shown.

6.5.1.5.2.6 Hydraulic profiles showing the flow of wastewater, supernatant liquor, and biosolids.

6.5.1.5.2.7 Influent and effluent flow meters locations.

6.5.1.5.2.8 Monitoring location point(s).

6.5.1.5.2.9 Location, dimensions and elevations of all existing and proposed facility components.

6.5.1.5.2.10 Type, size, pertinent features and manufacture's rated capacity of all pumps, blowers, motors, and other mechanical devices, unless included in the specifications.

6.5.1.5.3 General layout of wastewater disposal area, including:

6.5.1.5.3.1 Topography of the wastewater disposal site with one (1) foot contours unless the Department approves the use of an alternate scale. Topography for spray irrigation fields may utilize two (2) foot contour intervals.

6.5.1.5.3.2 Proposed disposal system elevations.

6.5.1.5.3.3 Disposal system location, size and layout.

6.5.1.5.3.4 Spare disposal system location, size, layout and dimensions.

6.5.1.5.3.5 Piping inverts to disposal system.

6.5.1.5.3.6 Monitoring and observation well locations as approved by the Department.

6.5.1.5.3.7 Overlay of disposal area with approved soil delineation area.

6.5.1.5.3.8 Buffer areas.

6.5.1.5.3.9 Provide disposal system layout (identify laterals, transmission line, manifolds, valving, vaults, splash blocks, runs, laterals, air release valves, remote zoning, etc.).

6.5.1.5.3.10 Cross section of disposal system(s).

6.5.1.5.3.11 Cut/fill sections, if applicable.

6.5.1.5.3.12 Piping details to system including inverts.

6.5.1.5.3.13 Valving details of disposal system.

6.5.1.5.3.14 Splash block details for rapid infiltration basin(s).

6.5.1.5.3.15 Berm details applicable to the disposal system.

6.5.1.5.3.16 Fence details.

6.5.1.5.3.17 Sign details.

6.5.1.5.3.18 Silt fence details.

6.5.1.5.4 Sequence of Construction

6.5.1.6 Technical Specifications

6.5.1.6.1 The specifications accompanying the plans shall include, but not be limited to, the following:

6.5.1.6.1.1 Detail of the design requirements pertaining to:

6.5.1.6.1.1.1 The quality of materials and workmanship.

6.5.1.6.1.1.2 Fabrication of the project.

6.5.1.6.1.1.3 The type, size strength, operating characteristics, and ratings of equipment.

6.5.1.6.1.2 Equipment list - provide all equipment specifications to include cut sheets, model numbers, pump curves, system curves, capacities, etc.

6.5.1.6.1.3 Complete specifications for all mechanical equipment, including machinery, valves, piping and pipe joints.

6.5.1.6.1.4 Meters, laboratory fixtures and equipment.

6.5.1.6.1.5 Operating tools.

6.5.1.6.1.6 Construction materials.

6.5.1.6.1.7 Miscellaneous appurtenances.

6.5.1.6.1.8 Chemicals used.

6.5.1.6.1.9 Instruction for testing materials and equipment, as necessary, to meet design standards.

6.5.1.6.1.10 Operating tests for the completed facilities.

6.5.2 Large System Construction Permit

6.5.2.1 Public Advertisement

6.5.2.1.1 Upon approval of the completed application for a construction permit or construction permit renewal, the Department will advertise receipt of the application and conduct any hearings in accordance with7Del.C.Ch. 60. The cost of the advertisement is to be borne by the applicant. If a public hearing is not conducted, and all requirements of these regulations have been fulfilled, a construction permit shall be issued by the Department.

6.5.2.2 Construction Permit Expiration

6.5.2.2.1 All construction permits for large on-site wastewater treatment and disposal systems pursuant to these Regulations may be issued for no more than five (5) years.

6.5.2.2.2 If construction has not been initiated prior to the expiration of the construction permit, and there are proposed changes to the approved design, the applicant must submit a new or updated Design Engineer Report and construction plans as outlined in Sections 6.2.3, 6.5.1.4 and 6.5.1.5 for project re-evaluation. This will require public notification.

6.5.2.2.3 If construction has been initiated prior to the expiration of the construction permit, and construction has not been completed prior to the expiration of the permit, the permittee may apply for a one (1) year extension of the construction permit.

6.5.2.2.4 If construction has not been initiated or construction has not been completed prior to the expiration of the one (1) year extension, provided, the SIR is valid, and there are no changes to the approved design prior to the expiration of the construction permit, the applicant must submit a construction permit application along with applicable fees, and a construction schedule.

6.5.2.3 Construction Permit Extension

6.5.2.3.1 The application for extension must include the following:

6.5.2.3.1.1 A DNREC extension form.

6.5.2.3.1.2 Applicable Department fees.

6.5.2.3.1.3 Construction schedule.

6.5.3 Large System Operation Permit

Upon completion of construction, an operation permit must be obtained from the Department prior to system operation. A classification shall be performed on the facility in accordance with Regulations Licensing Operators of Wastewater Facilities. The class of operator required for the facility will be determined by the Board of Certification for Licensed Wastewater Operators in accordance with the Regulations Licensing Operators of Wastewater Facilities. All large systems must be under the direction of a licensed operator. The licensed operator must be available at all times. The licensed operator shall be on-site at the time the system is put into operation and is to receive all training as necessary to properly operate the system.

6.5.3.1 Application requirements for an operation permit

Prior to the issuance of an operation permit, the following applicable items must be submitted. Failure to submit all required information constitutes grounds for denial of the operation permit.

6.5.3.1.1 A DNREC application form.

6.5.3.1.2 Applicable Department fees.

6.5.3.1.3 Design Engineer Inspection Report(s) certifying the facility has been constructed in accordance with approved plans and specifications.

6.5.3.1.4 Copies of any other applicable State/County inspection reports.

6.5.3.1.5 Contractor's Certificate of Completion.

6.5.3.1.6 A certificate or letter of completion/approval from the wastewater treatment plant manufacturer.

6.5.3.1.7 A copy of the agreement with a licensed operator and license certification.

6.5.3.1.8 A copy of the agreement with a regulated wastewater utility in the State of Delaware that the treatment facility will be operated under.

6.5.3.1.9 A set of "as-built" drawings of the facility bearing the seal and signature of a licensed Professional Engineer registered in the State of Delaware.

The "as-built" drawings must include:

6.5.3.1.9.1 Site map showing the location of all structures, piping and appurtenances, disposal areas and buffers.

6.5.3.1.9.2 A full equipment list and technical specifications for all equipment used, if different than submitted in the permit application.

6.5.3.1.9.3 The new topography elevations of the system.

6.5.3.1.9.4 Monitoring/Observation well elevations at the top of the casing (TOC) and at the ground surface, GPS coordinates (State Plane), and local topography tied to a common benchmark.

6.5.3.1.9.5 The location and screen depth, length of stick up, and well ID's must be provided for each monitor well.

6.5.3.1.9.6 Elevations at the center and corners of each RIB.

6.5.3.1.10 A copy of all Collection System Permit(s)

6.5.3.1.11 Inspection Reports demonstrating collection system has been installed and inspected by Design Engineer

6.5.3.1.12 If the collection system does not require county approval, the permittee must supply the Department with all testing procedures conducted on the collection system, force main(s) and lift station(s).

6.5.3.1.13 An Operation and Maintenance (O&M) Plan in accordance with Section 6.7

6.5.3.1.14 Spreadsheet summary of groundwater monitoring well information.

6.5.3.1.14.1 GPS information detailing the northings and eastings; the local well ID number; and the DNREC Well ID/Well Permit Number. The GPS information must be in either Delaware State Plane, North American Datum 1983 meters; or Latitude and Longitude decimal degrees.

6.5.3.1.14.2 TOC elevations survey results for all monitoring wells to be utilized for groundwater monitoring. Provide the length of the well stickup and the well survey information to the closest 0.01 feet. Provide a permanent mark, etch, or fixture to be used to specify the survey point where the TOC elevations were read.

6.5.3.1.15 A summary report detailing the analyses of the background groundwater quality sampling program that was conducted consisting of at least three (3) samples one (1) month apart and analyzed prior to the initiation of disposal activities (see Section 6.6.3.16).

6.5.3.1.16 Biosolids Management Plan

6.5.3.1.16.1 A copy of a biosolids management contract if a third party will be utilized to manage the biosolids.

6.5.3.1.17 Legal documents (see Section 6.4)

6.5.3.2 Operation Requirements

6.5.3.2.1 On-site systems and spray irrigation facilities (additional spray requirements in Section 6.5.3.2.2)

6.5.3.2.1.1 Samples and measurements taken as required in the operation permit shall be representative of the volume and nature of the monitored discharge. If there has been significant increase (> 25%) in the characterization of any one parameter of the effluent wastewater as established in the Design Engineer Report, the permittee shall resample the wastewater and submit the additional analyses to the Department. The permittee shall re-characterize the wastewater to determine if a change in treatment is required and/or if the land limiting constituent has changed. If a change in treatment is required and/or if the land limiting constituent has changed, a revised Design Engineer Report shall be submitted to the Department.

6.5.3.2.1.2 Roof downspouts, foundation drains, area drains, storm sewers, combined sewers or appurtenances thereto or any sewer or device carrying storm water shall not be connected to the system.

6.5.3.2.1.3 The wastewater must be applied in a manner such that the application is even and uniform over the disposal area.

6.5.3.2.1.4 The groundwater mound created by the added infiltration shall at no time reach within two (2) feet of the ground surface in any section of the disposal area. Should the groundwater mound exceed this limit, the permittee shall cease all distribution of wastewater to the affected area until the groundwater mound recedes to acceptable levels.

6.5.3.2.1.5 Connections or additions to the system other than those indicated on the approved plans are prohibited without prior approval from the Department.

6.5.3.2.1.6 In the event that the permittee installs new monitoring wells or replaces any existing monitoring wells, the permittee shall submit to the Department new elevation details relative to the common benchmark previously established. Additionally, the permittee shall conduct a groundwater quality sampling program prior to initiation of wastewater disposal activities on the area incorporating the well. The sampling program shall be sufficient to establish representative ground water quality at each well prior to initiation of the wastewater disposal activities. A minimum of three (3) samples shall be collected at least one (1) month apart and analyzed. A summary report detailing all analyses shall be submitted to the Department prior to initiation of wastewater disposal activities. Analyses shall include the parameters iterated in Section 6.8.1.

6.5.3.2.2 Spray Irrigation Facilities

6.5.3.2.2.1 The discharge to the spray irrigation fields shall be free from material such as floating solids, sludge deposits, debris, scum, oil and grease.

6.5.3.2.2.2 The spray irrigation fields shall be managed to assure at a minimum that:

6.5.3.2.2.2.1 Spray irrigation of wastewater shall only occur on fields being prepared for planting or already planted with a crop and shall not occur on fields with crops not actively growing or on voluntary vegetation.

6.5.3.2.2.2.2 The spray fields shall be maintained in such a manner as to prevent wastewater pooling and/or discharge of wastewater to any surface waters. Should pooled areas become evident, spraying on those areas shall be prohibited until saturated conditions no longer exist.

6.5.3.2.2.2.3 Aerosols or nuisance odors shall not extend beyond the boundary of the spray irrigation site when treated wastewater is being applied. If odors are produced that are considered to be a public nuisance, the permittee shall take the necessary steps to eliminate such odors. All action taken shall be reported to the Department.

6.5.3.2.2.2.4 Erosion controls must be employed to prevent wastewater runoff from the spray irrigation fields. The permittee must notify the Department immediately if any wastewater runoff occurs.

6.5.3.2.2.2.5 The spray irrigation field's crops must be maintained in optimal condition, including any necessary weed management, reseeding, or other vegetative management practices.

6.5.3.2.2.2.6 Effective vegetative management shall be provided such that crops harvested on the spray irrigation sites are removed from the sites.

6.5.3.2.2.2.7 Spray irrigation is prohibited when saturated or frozen soil conditions exist.

6.5.3.2.2.2.8 The permittee shall take appropriate measures to protect the spray irrigation system from damage due to sub freezing conditions.

6.5.3.2.2.2.9 Any leaks shall be reported to the Department and repaired immediately.

6.5.3.2.2.2.10 Potable ground or surface water may be used for distribution system testing and irrigation to establish vegetation when sufficient treated effluent is not available.

6.5.3.2.2.2.11 Permittee must notify the Department in writing prior to utilizing the freeboard in any lagoon or immediately upon unexpected encroachment into freeboard. In the event of encroachment into freeboard, Permittee shall contact the Department to coordinate relief measures. In the event of an emergency, Permittee may contact the Department via telephone; however, written notification must subsequently be provided within 5 days of encroachment.

6.5.3.2.2.2.12 If the surface horizon soil phosphorus levels become excessive as defined by the University of Delaware soil testing methods, the permittee shall perform a Phosphorus Site Index (PSI) study of the site. Based on the results of the PSI study, the Department may require the permittee to submit a plan for Department review and approval detailing steps the permittee will take to reduce the phosphorus loading rates at the site to crop phosphorus uptake levels.

6.5.3.2.3 Operation 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 specific permit conditions. Specific conditions may be established in consideration of characteristics specific to a facility and inherent hazards of those characteristics. Such characteristics may include, but are not limited to:

6.5.3.2.3.1 Chemical, biological, physical, and volumetric characteristics of the wastewater.

6.5.3.2.3.2 Geological and climatic nature of the facility site.

6.5.3.2.3.3 Size of the site and its proximity to population centers, ground and surface water.

6.5.3.2.3.4 Legal considerations relative to land use and water rights.

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

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

6.5.3.2.3.7 Potential for adverse environmental impacts to groundwater resources or surface water bodies.

6.5.3.2.3.8 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.

6.5.3.2.3.9 The Department may impose, in any permit for large or community systems, standards for evaluating the treatment and disposal system performance and compliance with these regulations. These standards may be in the form of limitations on flow and pollutant concentrations and mass loadings, or testing basins at design loading rates. The standards shall reflect the utilization of best management and operational practices.

6.5.3.3 Permit Modifications/Amendments

6.5.3.3.1 In consultation with the permittee, the Department may modify or amend an existing permit provided that the modifications would not result in an increased impact or risk to the environment or to public health.

6.5.4 Operation Permit Re-Issuance

At least 180 days prior to the expiration date of the operation permit, the permittee must submit an application for renewal or notify the Department of the intent to cease discharging by the expiration date. The application package for systems with a design flow >= 100,000 gpd, must include a five (5) year Compliance Monitoring Report (CMR). In the event that a timely and complete application has been submitted as determined by the Department, and the Department is unable, through no fault of the permittee, to issue a new permit before the expiration date of this permit, the terms and conditions of this permit are automatically continued and remain fully effective and enforceable until a decision is made on the new application.

6.5.4.1 At a minimum, the following applicable items must be addressed. Individual permits may require additional specific items that must be submitted in the permit renewal application package.

6.5.4.2 Permit renewal application package;

6.5.4.2.1 DNREC application form

6.5.4.2.2 Applicable DNREC fees

6.5.4.2.3 Request for permit modifications

6.5.4.2.4 Revised O&M plan, if changes, including but not limited to operational or facility upgrades.

6.5.4.3 CMR Requirements

6.5.4.3.1 Soils Report

6.5.4.3.1.1 Soil reports must be signed and sealed by a Class D.3 soil scientist and contain the following:

6.5.4.3.1.1.1 One (1) soil boring/acre must be performed in the spare area. Soil profile descriptions must be logged on a soil profile note page(s).

6.5.4.3.1.1.2 List new wells, storm water ponds, filling/cutting or activity that will potentially impact the current and/or future operation of the drainfield(s) and spare area(s) on a site map.

6.5.4.3.1.1.3 Identify any areas prone to ponding, saturation or subsurface breakouts, reduction in design infiltration rates and proposed remedial activities necessary to return the site to permit compliance, if applicable.

6.5.4.3.1.1.4 Soils investigation is not required in the active disposal area.

6.5.4.3.1.1.5 Conclusions must be based on the monitoring/performance data. The conclusion and data must be summarized.

6.5.4.3.1.1.6 Recommendations for future monitoring, system upgrades or improvements, O&M, etc. must be provided.

6.5.4.3.1.1.7 Spray Irrigation Facilities

6.5.4.3.1.1.7.1 Review soil analysis lab results for the life of the permitted land application activities and report any trends which may be developing.

6.5.4.3.1.1.7.2 Review the design land limiting constituents and the approximate site life calculated at the time of design. Review the current levels of potential land limiting constituents (e.g., hydraulic loading, phosphorus, cadmium, copper, lead, nickel, zinc). Based on trends of the monitored parameters, determine the current land limiting constituent and estimate remaining site life.

6.5.4.3.1.1.7.3 Review pH levels, liming activities, additional fertilizer applications, and cropping uptakes as they relate to permit conditions and report any concerns.

6.5.4.3.1.1.7.4 Determine if current cropping sequences/rotations are appropriate. Recommend any necessary changes.

6.5.4.3.1.1.7.5 Spray irrigation fields must be assessed to determine if soils renovation or maintenance is necessary. Assessments must address crop consistency, soil monitoring results, infiltration, and compaction. The assessment must identify any visual signs of the ponding of wastewater, runoff, poor or dead vegetation, compaction, and any other impacts affecting the facility grounds. The assessment must also indicate whether the disposal application areas show signs of stress or failure.

6.5.4.3.2 Hydrogeologic Suitability Report

6.5.4.3.2.1 Hydrogeological reports must be signed and sealed by a Delaware-licensed professional geologist (PG) and must, at a minimum, include the following:

6.5.4.3.2.1.1 The current number of units connected to the system must be reported. Also report the number of units connected for each year of the five (5) year reporting period and location of units.

6.5.4.3.2.1.2 A map of the current monitoring/observation well network must be provided. Any changes to the well network (e.g., replacement, abandonment) must be documented.

6.5.4.3.2.1.3 The following well data must also be tabulated: permit number, local identifier, easting, northing, diameter, screen interval, top of casing (TOC) elevation and land-surface elevation. The casing (inner or outer) from which the water-level measurement will be taken should be specified.

6.5.4.3.2.1.4 Metered flow demonstrating volumes versus time must be plotted for average monthly influent, average monthly effluent, and daily peak influent flows. Trends identified in the data should be discussed.

6.5.4.3.2.1.5 Water-table hydrographs must be provided to demonstrate that the required unsaturated zone thickness is maintained beneath the wastewater system (see Exhibit W). The hydrographs must show hydraulic head (in ft above mean sea level (msl)) versus time. Hydraulic head data must be evaluated with respect to the disposal surface.

6.5.4.3.2.1.6 Precipitation data for the reporting period must be plotted based on nearby meteorological stations or on-site observations. Compare peak flows to precipitation data to detect any inflow and infiltration into the collection system.

6.5.4.3.2.1.7 Maps showing the configuration of the water table and groundwater flow direction must be presented for (i) peak, (ii) average, and (iii) minimum water-table conditions for the reporting period.

6.5.4.3.2.1.8 The peak observed (or interpolated) mound beneath each system or basin must be reported as a percentage of the simulated (or predicted) mound. Example: the simulated pre-system operation water table was 50 feet msl and the simulated post-system or basin mound was 55 feet msl. An observed mound of 52 feet msl would constitute 40% of the simulated mound. This percentage must be compared to metered flows (reported as a percentage of peak flow). The PG may consider re-running the model to verify mounding using the observed flow.

6.5.4.3.2.1.9 Temporal trends in both effluent and groundwater quality must be evaluated and compared to background samples and/or previous sampling results. Tabulated influent, effluent, and monitoring well data must be provided. Data must also be plotted verses time to depict trend lines. Where applicable, groundwater data must be evaluated with respect to drinking water standards established by the U.S. EPA.

6.5.4.3.2.1.10 Some site specific criteria will be necessary for specialized conditions, needs, and/or circumstances (e.g., regional systems, phased approaches).

6.5.4.3.2.1.11 The PG must provide a conclusion of the operating status of the disposal system based on the monitoring/performance data. Recommendations for future monitoring, system upgrades or improvements, operation and maintenance (O&M) should be provided as necessary.

6.5.4.3.3 Engineering/Operation Report

6.5.4.3.3.1 The Engineering/Operation Report must be signed and sealed by a Delaware licensed Professional Engineer and must, at a minimum, include the following:

6.5.4.3.3.1.1 Operation & maintenance concerns and/or changes, if any, must be summarized. Items to address may include, but need not be limited to, the following: infiltration problems, equipment replacement, system and/or basin maintenance, treatment system problems and crop activities (e.g. harvesting, planting). Dates and descriptions of routine maintenance procedures, such as basin raking, must also be provided.

6.5.4.3.3.1.2 List, summarize, and date all compliance items relative to the permit (e.g. enforcement actions, Notice of Violations, warning letters, self-reported permit violations and effluent limitation exceedences). Indicate any outstanding non-compliance issues.

6.5.4.3.3.1.3 Provide an updated active spreadsheet as required in 6.5.1.4.1.7.6.9 utilizing existing data where possible and appropriate.

6.5.4.3.4 Vegetative Management Plan

6.5.4.3.4.1 The vegetative management plan must be executed and approved by a Nutrient Consultant, Certified Crop Advisor, or any appropriate professional authorized by the Delaware Department of Agriculture and must, at a minimum, include the following:

6.5.4.3.4.1.1 Crop type(s).

6.5.4.3.4.1.2 Crop planting sequence.

6.5.4.3.4.1.3 Anticipated crop yield based on field data.

6.5.4.3.4.1.4 Timing and application rates of commercial fertilizers.

6.5.4.3.4.1.5 Planting and harvesting timelines.

6.5.4.3.4.1.6 A recalculated monthly nitrogen balance using averaged actual irrigation rates and averaged actual nitrogen monitoring results.

6.5.4.3.4.1.7 Phosphorus balance calculations for phosphorus limited sites.

6.5.4.3.5 BioSolids Management

6.5.4.3.5.1 Permit/Contract:

6.5.4.3.5.1.1 If a third party manages the biosolids, provide a copy of the most recent biosolids management contract.

6.5.4.3.5.1.2 If the permittee manages the biosolids, provide a copy of the current DNREC - Biosolids Permit.

6.5.4.3.5.2 Provide a summary of the volume (gallons) of biosolids generated, removed and/or stored over the past five years.

6.5.4.3.6 Overall Conclusions/Recommendations

6.5.4.3.6.1 Conclusions based on the monitoring/performance data of the wastewater treatment facility and disposal system must be summarized and submitted by the engineer, consultant and/or permittee. Recommendations for future monitoring, system upgrades or improvements and O&M should be provided as necessary. Systems with compliance matters that are unresolved must include a work plan detailing the course of action proposed to return the facility to compliance. Systems with existing compliance matters that are unresolved with an existing work plan must provide a status update, a summary of actions completed, and any adjustments to the work plan's timeline or course of actions.

6.5.4.4 Emergency Repairs

6.5.4.4.1 Emergency repairs or the replacement of critical "like kind" components of the wastewater treatment facility necessary for the continued operation of the facility may be performed without first obtaining a construction permit from the Department.

6.5.4.4.2 A report must be submitted to the Department within five (5) days of completion of the emergency repairs. The report must summarize the nature of the emergency and the repairs performed. All violations must also be reported in accordance with Section 6.5.9.

6.5.5 Severability

The provisions of a permit are severable. If any provision of a permit, or the application of any provision of a permit, to any circumstances is held invalid; the application of such provision to other circumstances, and the remainder of the permit, shall not be affected thereby.

6.5.6 Permit Transferability

Permits may be transferred to a new owner or operator. The permittee must notify the Department by requesting a change of ownership of the permit before the date of transfer. The transfer must be consistent with any notarized legal documents and/or CPCN required by these Regulations. The legal documentation must be provided with the application. The application must be received 30 days before the transfer.

6.5.6.1 No person shall transfer a permit from one (1) person to another unless 30 days written notice is given to the Department, indicating the transfer is agreeable to both persons, and approval of such transfer is obtained in writing from the Department, and any conditions of the approval of such transfer is obtained in writing from the Department, and any conditions of the transfer approved by the Department are complied with by the transferor and the transferee.

6.5.6.2 The notice to the Department shall contain a written agreement between the transferor and the transferee, indicating the specific date of proposed transfer of permit coverage and acknowledging responsibilities of current and new permittees for compliance with and liability for the terms and conditions of this permit. The notice shall be signed by both the transferor and the transferee.

6.5.7 Permit Revocation

6.5.7.1 The Department may revoke a permit if, among other things, the permittee violates any permit condition, these regulations, fails to pay applicable Departmental fees, obtains the permit by misrepresentation or fails to fully disclose all relevant facts.

6.5.7.2 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 20 days of receipt of the notice by the permittee, unless within that time the permittee requests an administrative hearing in writing.

6.5.7.3 The Department shall notify the permittee in writing of any revocation hearing at least 20 days prior to the date set for such hearing.

6.5.7.4 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.

6.5.8 Sunset Requirement

6.5.8.1 Operation permits for large systems that were issued without a permit expiration date shall expire five (5) years following the promulgation date of these Regulations.

6.5.9 Noncompliance Notification

6.5.9.1 The permittee shall report to the Department's Enforcement Section at (800) 662-8802 any unpermitted release or discharge of any contaminant into the air, or a pollutant, including petroleum substances, into surface waters, groundwater, or onto land as soon as the permittee has knowledge of, or should have had knowledge of, the release or discharge.

6.5.9.2 If for any reason the permittee does not comply with, or will be unable to comply with, any effluent limitations or other conditions specified in the permit, the permittee shall provide the Department with the following information in writing within five (5) days of becoming aware of any actual or potential noncompliance:

6.5.9.3.1 A description and cause of the noncompliance with any limitation or condition.

6.5.9.3.2 The period of non-compliance including exact dates and times; or, if not yet corrected, the anticipated time the noncompliance is expected to continue.

6.5.9.3.3 The steps being taken or planned to reduce, eliminate and/or prevent recurrence of the noncompliant condition.

6.5.10 Regional Facilities

6.5.10.1 Design

6.5.10.1.1 Regional wastewater treatment and disposal facilities (regional facility) must be owned and operated by a wastewater utility or governmental agency, however government agencies are exempt from the requirements of Section 6.5.10.3.

6.5.10.1.2 The regional facility must be designed to not exceed the site's most limiting disposal capacity based on the SIR, HSR and SWAR, collectively.

6.5.10.1.3 If the regional facility is constructed in phases, the number of units that will be authorized to be connected to the regional facility will be limited to the approved capacity of the wastewater treatment and disposal system for that phase.

6.5.10.1.4 The force main, pump station, and appurtenances to the off-site disposal area and/or development(s) must be permitted by the Department for construction before the off-site disposal area and/or development(s) may be included as part of the regional facility.

6.5.10.1.5 All regional facilities must monitor for all constituents identified under the ambient groundwater quality sampling chart in Section 6.2.3.5.

6.5.10.2 Required documents for permitting:

6.5.10.2.1 The applicant must submit a Regional Facility Plan to the Department for review and approval. The plan must:

6.5.10.2.1.1 Identify the proposed service area for the regional facility.

6.5.10.2.1.2 Provide documentation of the proposed conveyance system.

6.5.10.2.1.3 Demonstrate the total treatment and disposal capacity, including 100% spare area, if applicable.

6.5.10.2.1.4 Propose the total number of equivalent dwelling units (EDU's) in accordance with Section 6.3.1.5.

6.5.10.2.1.5 Identify each subdivision proposed to be connected to the regional facility by name, tax parcel number and number of EDU's.

6.5.10.2.1.6 Include the appropriate county approval documentation.

6.5.10.3 Required documents for connecting subdivisions:

6.5.10.3.1 A subdivision shall not be connected to a regional facility until all of the applicable required documents have been submitted to and approved by the Department and there is sufficient demonstrated capacity (based on the approved SIR, HSR and SWAR) to connect the subdivision to the regional facility. A subdivision phase may only be connected after being incorporated into the operating permit. In order to connect a subdivision to the regional facility, the permittee must submit the following for approval:

6.5.10.3.1.1 A Certificate of Public Convenience and Necessity (CPCN).

6.5.10.3.1.2 A zoning certificate.

6.5.10.3.1.3 A binding agreement from the developer/owner stating that they authorize connection of their subdivision to the regional facility.

6.5.10.3.1.4 A copy of the approved subdivision recordation plan. The number of units shown on the approved county subdivision recordation plan must agree with the number of units identified in the Regional Facility Plan.

6.5.10.3.1.5 A copy of the approved collection system permit number and all collection system inspection approvals (county, if required).

6.5.11 Phasing

A system may be designed in phases to allow actual flow data to be collected to determine the necessity and timing for treatment facility upgrades/additions and to accommodate initial low influent flows to the wastewater treatment plant.

6.5.11.1 Application

6.5.11.1.1 The applicant must submit an overview of the design of all phases of the facility. The applicant may apply for the permitting of each individual phase or for the permitting of multiple planned phases for the facility.

6.5.11.1.2 The applicant must identify the capacity of each phase of the project.

6.5.11.1.3 Each phase of the system must be designed to be incorporated into the final design of the system. The Design Engineer Report must demonstrate how the components of each phase will be utilized within subsequent phases.

6.5.11.1.4 The applicant shall provide information regarding managing low flow and/or organic loadings through integration of multiple treatment units.

6.6 Construction Requirements

6.6.1 Construction must be performed in accordance with these Regulations and the approved construction permit (Design Engineer Report, Plans and Technical Specifications, etc.)

6.6.2 The permittee shall notify the Department in writing of the intent to initiate construction activities at least 15 days prior to the commencement of construction. The written notification shall include a draft construction schedule.

6.6.2.1 The permittee must provide updated construction schedules if the schedule changes as construction progresses.

6.6.3 Prior to initiating construction of a large on-site wastewater treatment and disposal system, a pre-construction meeting shall be held on-site and attended by the following individuals: DNREC Soil Scientist, DNREC Environmental Engineer, DNREC Hydrologist, Class D.3 Soil Scientist, Professional Geologist, Project Design Engineer, General Site Contractor, Class E.4 System Contractor and other necessary parties.

6.6.3.1 All systems must be installed by a DNREC licensed Class E.4 system contractor. Proper construction of the treatment plant and/or spray system must be certified in writing by the design engineer and the manufacturer's representative prior to startup of the wastewater treatment plant.

6.6.3.2 The Class E.4 system contractor must notify the Department 72 hours prior to construction startup.

6.6.3.3 The Class E.4 system contractor must obtain an authorization number from the Department prior to initiating construction.

6.6.3.4 Upon receipt of the authorization number, the Class E.4 system contractor shall provide an installation timeline to the Department. Upon receipt of the timeline, the Department may request weekly status reports (verbal) or monthly progress reports (written) be submitted.

6.6.3.5 The Class E.4 system contractor must have a copy of all valid, required and approved permits on site during construction.

6.6.3.6 The design engineer or his/her designee must periodically review the construction of the disposal system to ensure compliance with design specifications.

6.6.3.7 All system components must be surveyed to a common datum point.

6.6.3.8 Soil disturbance to the disposal areas must be limited to the minimum required for installation. A protective barrier must be placed around the disposal areas, including spare area, prior to the initiation of any construction activities. The soils may be rendered unsuitable should unnecessary soil disturbance occur near or within the disposal area. Particular care should be taken when clearing wooded lots so as not to remove the surface soil material (see Lot Clearing Guidelines).

6.6.3.9 If well pointing is required during construction, the wells must be installed by a licensed well driller, and a permit to construct such wells must first be obtained from the Department.

6.6.3.10 All construction activities must be approved by the Department and must comply with all other applicable local utility construction specifications and standards; and must be in accordance with Ten States Standards.

6.6.3.11 Connections and/or additions to the wastewater treatment and disposal system, other than those indicated on the approved plans and specifications, will not be allowed without prior written approval from the Department.

6.6.3.12 Any anticipated facility expansions, production increases, or process modifications that will result in new, different, or increased discharges of pollutants must be reported in writing to the Department for approval. A new permit may be required.

6.6.3.13 Facility and Construction Changes

The permittee must submit a written report to the Department for review and approval of any changes to the facility or construction of the system within the following time periods:

6.6.3.13.1 30 days before any planned activity, physical alteration to the permitted facility or addition to the permitted facility if that activity, alteration or addition would result in a change in information that was previously submitted to the Department; or

6.6.4.13.2 30 days before any anticipated change which would result in noncompliance with any permit condition or the regulations; or

6.6.4.13.3 Immediately after the permittee becomes aware of relevant facts omitted from, or incorrect information submitted in, a permit application or report to the Department.

6.6.3.14 The permittee must have a licensed well driller install all required monitoring wells at the locations approved by the Department. The permittee shall contact the Department at least 24 hours prior to the installation of the monitoring wells. All monitoring wells must be installed by a licensed well driller, and a permit to construct the wells must first be obtained from the Department. After installation, the permittee must have all monitoring wells globally positioned. The GPS information must be submitted to the Department with the locations of the wells delineated on a Site Map. The GPS information must be in either Delaware State Plane, North American Datum 1983 meters; or Latitude and Longitude decimal degrees.

6.6.3.15 Prior to well purging and groundwater sampling, the elevation of a reference marking on the upper terminus of each monitoring well casing shall be surveyed to the nearest 0.01 ft relative to a common mean sea level datum. The elevation of the ground surface immediately adjacent to each monitoring well shall also be surveyed as previously prescribed. All elevation data pertaining to monitoring wells shall be indicated on "as-built" plans and summarized in a report (see Section 6.5.3.1.14).

6.6.3.16 The permittee shall conduct a background groundwater quality sampling program prior to initiation of disposal activities. The sampling program shall be sufficient to establish representative groundwater quality at each well prior to initiation of disposal activities. A minimum of three (3) samples shall be collected at least one (1) month apart and analyzed prior to the initiation of disposal activities. A summary report which includes all analyses must be submitted to the Department. Analyses may include, but not be limited to, the parameters listed in Section 6.8.1.8.

6.6.3.17 The permittee must supply the Department with testing procedures and results conducted on the force main/collection/distribution system (including any lift stations).

6.6.3.18 A construction permit issued by the Department does not relieve the permittee from complying with any local, municipal, county, or state requirement.

6.6.3.19 The Class E.4 system contractor must contact the design Engineer, licensed operator and the Department to schedule an inspection prior to completion of construction.

6.6.3.20 The system may not be placed into operation until an operation permit has been issued by the Department.

6.6.3.21 Upon final approval of construction, the permittee may apply for an operation permit. The permittee may not initiate operation of the disposal system without first obtaining an operation permit from the Department. At that time, additional fees may be required.

6.6.3.22 Prior to the issuance of an operation permit the design Engineer shall provide the Department with an approved engineer inspection report(s) demonstrating that system has been constructed in accordance with the approved Design Engineer Report, Plans and Technical Specifications prior to the operation permit being issued.

6.6.3.23 The permittee is responsible for supplying the Department with a certificate or letter of completion/approval from the wastewater treatment plant manufacturer upon construction completion of the wastewater treatment plant, if applicable.

6.6.3.24 For systems with spray irrigation fields the following must be adhered to:

6.6.3.24.1 Construction activities within spray fields must be minimized. Excessive compaction of surface soils by construction equipment must be avoided. Re-grading of pipeline trenches must match original contours. Settlement of trench backfill must be repaired.

6.6.3.24.2 In forested systems, it is necessary to only grub the pipe centerline. Excessive clearing and grubbing must be avoided. Clearing for above-ground piping systems shall involve only vegetation that will interfere with operation of the system.

6.6.3.24.3 All areas disturbed by construction must be re-vegetated prior to initiation of irrigation activities.

6.6.3.24.4 Sloped areas require protection from erosion.

6.6.3.24.5 Pressure testing of the irrigation force mains and laterals shall be conducted during installation to avoid damage to spray fields from re-excavation and repair. Flushing is necessary to clear distribution system pipes of construction debris which will clog sprinkler nozzles. Care should be exercised to prevent erosion or flooding of the spray fields during pipeline flushing. Every effort should be made to keep trash and debris out of the distribution systems. Sprinklers and drain valves shall be checked for proper operation prior to installation.

6.6.3.24.6 Wastewater irrigation on bare soil is not allowed beyond what is necessary for germination to establish a vegetative cover. Wastewater application, at the design rate, may begin only after a uniform vegetative cover has been established.

6.6.3.24.7 Spray fields should be constructed early in the project so a vegetative cover can be re-established on disturbed areas before wastewater irrigation begins.

6.6.3.24.8 Potable, ground or surface water must be used for distribution system testing unless authorized in writing by the Department.

6.6.3.24.9 One (1) growing season may be necessary before new spray fields will accept the design wastewater loading. This start-up period must be considered in the design and operation of these systems.

6.7 General Operation and Maintenance Requirements

6.7.1 The permittee must properly maintain and operate all structures, pipelines, systems and equipment for treatment control and monitoring which are used by the permittee to achieve compliance with the terms and conditions of the permit. Proper operation and maintenance includes, but is not limited to, effective performance based on designed facility removals, adequate funding, effective management, adequate operator staffing and training, and adequate laboratory and process controls including appropriate quality assurance procedures.

6.7.2 Adverse Impact

6.7.2.1 The permittee shall take all steps to minimize any adverse impact to the Waters of the State resulting from operation under the permit. Such steps may include, but not be limited to, accelerated or additional monitoring as necessary to determine the nature and impact of the non-complying discharge or mitigation of such impacts.

6.7.2.2 Operation & Maintenance Plan (O&M Plan)

Following the construction of the facility, the permittee shall submit an O&M Plan detailing the operations of the wastewater treatment facility, the conveyance system, and the disposal system to the Department for review. The permittee shall operate and maintain the land treatment system in accordance with the approved O&M Plan. The O&M Plan must include, but not limited to, the following:

6.7.2.2.1 General

6.7.2.2.1.1 A narrative description and process design summary for the wastewater treatment facility and disposal system including the design wastewater flow and design wastewater characteristics.

6.7.2.2.1.2 A map of the wastewater treatment facility showing the treatment system, storage pond(s), disposal system (e.g. spray fields, RIB area(s)) buffer zones, roads, streams, drainage system discharges, monitoring wells, etc.

6.7.2.2.1.3 A map of interceptor sewers, force mains and major pump stations connected to the wastewater treatment facility, indicating size and capacity.

6.7.2.2.1.4 A schematic and plan of the treatment system and storage pond(s) identifying all pumps, valves and process control points.

6.7.2.2.1.5 A schematic and plan of the disposal distribution system identifying all pumps, valves, gauges, sprinklers, etc.

6.7.2.2.1.6 A copy of the current large system operation permit.

6.7.2.2.1.7 A copy of any other relevant Department permits (e.g. National Pollutant Discharge Elimination System (NPDES) Permit, Biosolids Permit).

6.7.2.2.2 Management and Staffing

6.7.2.2.2.1 Outline of management's responsibilities and duties.

6.7.2.2.2.2 Outline of staffing requirements and duties.

6.7.2.2.2.3 Describe the various job titles, number of positions, qualifications, experience, training, etc.

6.7.2.2.2.4 Define the work hours, duties and responsibilities of each staff member.

6.7.2.2.3 Facility Operation and Maintenance

6.7.2.2.3.1 Treatment system operation and maintenance

6.7.2.2.3.1.1 Operators manual

6.7.2.2.3.1.2 Process control manual

6.7.2.2.3.1.3 O&M manual for all mechanical components of the facility

6.7.2.2.3.1.4 Maintenance schedules and procedures

6.7.2.2.3.1.5 Provide troubleshooting procedures for common or expected problems

6.7.2.2.3.1.6 O&M of back-up, stand-by and support equipment

6.7.2.2.3.2 Disposal System Operation and Maintenance

6.7.2.2.3.2.1 Discuss the design life of the disposal system and identify factors that may shorten its useful life, including procedures or precautions which will compensate for these limitations.

6.7.2.2.3.2.2 Start-up and shut-down procedures

6.7.2.2.3.2.3 System maintenance

6.7.2.2.3.2.4 Equipment inspection schedules

6.7.2.2.3.2.5 Equipment maintenance schedules

6.7.2.2.3.2.6 Discuss operating procedures for adverse conditions

6.7.2.2.3.2.6.1 Wet weather

6.7.2.2.3.2.6.2 Freezing weather

6.7.2.2.3.2.6.3 Saturated soil

6.7.2.2.3.2.6.4 Excessive winds

6.7.2.2.3.2.7 Electrical and mechanical malfunctions

6.7.2.2.3.2.8 Provide troubleshooting procedures for common or expected problems.

6.7.2.2.3.2.9 O&M of back-up, stand-by and support equipment

6.7.2.2.3.2.10 System specific considerations

6.7.2.2.3.2.10.1 RIB

6.7.2.2.3.2.10.1.1 System maintenance

6.7.2.2.3.2.10.1.1.1 Dosing schedule and dosing volume(s)

6.7.2.2.3.2.10.1.2 Operation and maintenance

6.7.2.2.3.2.10.1.2.1 Infiltration testing

6.7.2.2.3.2.10.1.2.2 Basin maintenance

6.7.2.2.3.2.10.1.3 Vegetation management

6.7.2.2.3.2.10.1.3.1 Berm maintenance

6.7.2.2.3.2.10.2 Spray irrigation system maintenance

6.7.2.2.3.2.10.2.1 Wastewater application

6.7.2.2.3.2.10.2.1.1 Wastewater loading rate (inches/week)

6.7.2.2.3.2.10.2.1.2 Wastewater application rate (inches/hour)

6.7.2.2.3.2.10.2.1.3 Spray field application cycles

6.7.2.2.3.2.10.2.1.4 Organics, metals, nitrogen, and phosphorus loading (lbs/acre per month, etc.)

6.7.2.2.3.2.10.2.2 Spray irrigation system operation and maintenance

6.7.2.2.3.2.10.2.2.1 Storage pond(s)

6.7.2.2.3.2.10.2.2.2 Irrigation pump station(s)

6.7.2.2.3.2.10.2.2.3 Spray field force main(s) and laterals

6.7.2.2.3.2.10.2.2.4 Irrigation equipment

6.7.2.2.3.2.10.2.3 Vegetation management

6.7.2.2.3.2.10.2.3.1 Discuss how the selected cover crop is to be established, monitored and maintained; how the irrigation schedule will be altered during harvest and regeneration

6.7.2.2.3.2.10.2.3.2 Discuss cover crop cultivation procedures, harvesting schedules and crop uses

6.7.2.2.3.2.10.2.3.3 Discuss buffer zone vegetative cover and its maintenance

6.7.2.2.3.2.10.3 Subsurface disposal systems

6.7.2.2.3.2.10.3.1 Dosing controls

6.7.2.2.3.2.10.3.2 Dosing volume and schedule

6.7.2.2.3.2.10.3.3 Inspection of disposal area(s)

6.7.2.2.3.2.10.3.4 Vegetative cover

6.7.2.2.3.2.10.3.5 Common signs of system specific expected problems and relative troubleshooting procedures.

6.7.2.2.4 Monitoring Program

6.7.2.2.4.1 Sampling procedures, frequency, location and parameters for:

6.7.2.2.4.1.1 Treatment system

6.7.2.2.4.1.1.1 Influent and effluent

6.7.2.2.4.1.2 Disposal system

6.7.2.2.4.1.2.1 Groundwater monitoring wells

6.7.2.2.4.1.2.2 Surface water

6.7.2.2.4.1.2.3 Storage pond(s)

6.7.2.2.4.1.2.4 Lysimeters

6.7.2.2.4.2 Soil sampling and testing

6.7.2.2.4.3 Monitoring ambient conditions

6.7.2.2.4.3.1 Precipitation

6.7.2.2.4.3.2 Wind speed

6.7.2.2.4.3.3 Soil moisture

6.7.2.2.4.4 Interpretation of monitoring results and effect on facility operation

6.7.2.2.4.4.1 Treatment system

6.7.2.2.4.4.2 Disposal system

6.7.2.2.4.4.3 Groundwater

6.7.2.2.4.4.4 Soils

6.7.2.2.5 Records and Reports

6.7.2.2.5.1 Maintenance records

6.7.2.2.5.1.1 Preventive

6.7.2.2.5.1.2 Corrective

6.7.2.2.5.2 Monitoring reports and/or records

6.7.2.2.5.2.1 Treatment system and storage pond(s)

6.7.2.2.5.2.1.1 Influent flow 6.7.2.2.5.2.1.2 Influent and effluent wastewater characteristics

6.7.2.2.5.2.2 Disposal system

6.7.2.2.5.2.2.1 Wastewater volume applied to disposal system

6.7.2.2.5.2.2.2 Disposal system operation scheduling

6.7.2.2.5.2.2.3 Loading rates

6.7.2.2.5.2.3 Annual record of groundwater depth

6.7.2.2.5.2.4 Surface water parameters

6.7.2.2.5.2.5 Soils data

6.7.2.2.5.2.6 Rainfall and climatic data

6.7.2.2.6 Emergency and Contingency Planning

6.7.3 An operator log must be kept on site at all times. Each section of the disposal system shall be numbered and referred to by number in the operator log. All records and reports shall also be kept in a bound log book and available upon request for review by the Department. Copies of operating log books shall be provided at the request of the Department. This log shall, at a minimum, include the following applicable items:

6.7.3.1 Time spent at the treatment facility on any date.

6.7.3.2 Details of the operation and maintenance performed on the wastewater treatment and disposal system on any date.

6.7.3.3 The volume of wastewater discharged to each section of the disposal system on any date and the acreage over which the wastewater was distributed.

6.7.3.4 Identification of those portions of the disposal system that were ponding on any date.

6.7.3.5 A record of any deviations from the operation and maintenance manual.

6.7.3.6 General daily weather conditions.

6.7.3.7 A site map showing the disposal area with each RIB, absorption facility or center pivot or solid set spray zone numbered.

6.7.3.8 A record of all actions taken to correct violations of the7Del.C.Ch. 60, Department regulations and permit conditions.

6.7.3.9 A record of all site management activities undertaken such as RIB maintenance, planting, reseeding, harvesting of crops, commercial fertilizer applications and any other chemical additions or applications.

6.7.3.10 Identify any RIB that is ponded for more than 72 hours.

6.7.3.11 Loading and resting periods for each dosing event of any large system must be documented.

6.7.3.12 Record the date, volumes and destination of biosolids removed from the facility. This shall be completed by measuring the tank level before and after the biosolids removal and calculating the volume accordingly.

6.7.4 Organic chemical septic tank cleaning agents shall not be used in large on-site wastewater treatment and disposal systems.

6.7.5 Grease traps shall be cleaned when 75% of the grease retention capacity has been reached.

6.7.6 The sites of the initial and replacement absorption facilities shall not be covered by impervious materials subject to vehicular traffic or other activity which would adversely affect the soils. These sites must be maintained so that they are free from encroachments by accessory buildings and additions to the main building.

6.7.7 The Department may impose specific operation and maintenance requirements for large on-site wastewater treatment and disposal systems to assure continuity of performance.

6.7.8 Large systems which serve communities that experience a significant variation in flow on an annual basis, may be prescribed specific criteria in the permit for taking certain treatment units out of service during periods of low flow. The criteria will establish procedures for winterization and restart.

6.8 Monitoring Requirements

6.8.1 Groundwater Monitoring

6.8.1.1 A groundwater monitoring network shall be constructed to ensure wastewater-related contaminants are detected and quantified. The monitoring network must account for nearby wells and surface water bodies. Wells installed for the Hydrogeologic Suitability Report (HSR) may be used for long-term groundwater compliance monitoring provided they are constructed and classified according to Delaware Regulations Governing the Construction and Use of Wells and are located in positions suitable to provide representative samples.

6.8.1.2 Any monitor wells constructed after the completion of the HSR must have a minimum of three (3) groundwater samples collected and analyzed to establish ambient conditions in the new well(s) (see Section 6.2.3.5).

6.8.1.3 Spray irrigation systems require a minimum of six (6) monitor wells (MWs): one (1) upgradient, two (2) downgradient, one (1) within the wetted field, one (1) up gradient and one (1) down gradient of the treatment and storage pond(s).

6.8.1.4 All systems other than spray irrigation will require a minimum of four (4) MWs: one (1) upgradient, one (1) within, and two (2) downgradient of the proposed disposal area.

6.8.1.5 The Department may require additional wells depending on site or project characteristics.

6.8.1.6 All RIB systems with a design flow >= 100,000 gpd shall install a minimum of three (3) nested monitor well sets with each nest having a minimum of two (2) wells with varying depths and screen intervals. The nested wells shall be located and constructed based on a particle tracking analysis in the numerical model developed for the groundwater mounding analysis in the HSR.

6.8.1.7 Groundwater monitoring shall be performed on a quarterly basis unless otherwise required by the Department.

6.8.1.8 Groundwater sampling shall include the following parameters unless otherwise required by the Department:

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6.8.1.9 Specific conductance, pH, temperature, and dissolved oxygen shall be measured using a calibrated field meter during well purging, which should be performed using either a submersible or peristaltic pump. Once the field parameters have stabilized, a groundwater sample shall be obtained for the parameters listed above and analyzed by a certified laboratory.

6.8.1.10 All large systems >= 100,000 gpd and all RIBs regardless of size must maintain, at a minimum, one (1) monitor well within the disposal area with a pressure transducer to record water levels. Pressure transducer readings must, at a minimum, be recorded at a one (1) hour frequency. These readings shall be maintained and made available to the Department upon request.

6.8.1.11 Ensure that the water levels are consistently taken directly below the points where the TOC elevations were read.

6.8.1.12 Exceptions to monitoring requirements may be considered by the Department.

6.8.2 Influent & Effluent Monitoring

6.8.2.1 Influent samples may be grab samples collected in accordance with the process control requirements.

6.8.2.2 The applicable effluent samples shall be collected using a composite sampler.

6.8.2.3 All influent and effluent samples shall be tested for the following parameters unless otherwise specified in the permit:

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6.8.2.4 Quality Assurance Practices

6.8.2.4.1 The permittee is required to show the validity of all effluent monitoring and groundwater monitoring data by requiring its laboratory to adhere to the following minimum quality assurance practice:

6.8.2.4.1.1 Duplicate and spiked samples must be run for each effluent monitoring and groundwater monitoring constituent in the permit on 5% of the samples, or at least on one sample per quarter, whichever is greater. If the analysis frequency is less than one sample per quarter, duplicate and/or spiked samples must be run for each analysis.

6.8.2.4.1.1.1 Duplicate samples are not required for the following parameters: color, temperature, and turbidity.

6.8.2.4.1.1.2 Spike samples are not required for the following parameters: Acidity, Alkalinity, Bacteriological, Benzidine, Chlorine, Color, Dissolved Oxygen, Hardness, pH, Oil & Grease, Radiological, Residues, Temperature, Turbidity, BOD₅ and Total Suspended Solids.

6.8.2.4.1.2 For spiked samples, a known amount of each constituent is to be added to the discharge sample. The amount of constituent added should be approximately the same amount present in the unspiked sample, or must be approximately that stated as maximum or average in the discharge permit.

6.8.2.4.1.3 The data resulting from 6.8.2.4.1.1 and 6.8.2.4.1.2 shall be summarized in the annual report in terms of precision; percent recovery; number of duplicate and spiked samples run; date and laboratory log number of samples run, and name of analyst.

6.8.2.4.1.4 Precision shall be calculated by the standard deviation (s) formula s = ([SIGMA]d²/k)^.5 where d is the difference between duplicate results and k is the number of duplicate pairs used in the calculations.

6.8.2.4.1.5 Percent recovery (R) shall be reported on the basis of the formula R = 100 (F-I)/A where F is the analytical result of the spiked sample, I is the result before spiking of the sample, and A is the amount of constituent added to the sample.

6.8.2.4.1.6 The percent recovery in Quality Assurance Practice shall be summarized yearly in terms of mean recovery and standard deviation from the mean. The formula, s =

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where s is the standard deviation around the mean

Click here to view Image, x is an individual recovery value, and n is the number of data points, shall be applied.

6.8.2.4.1.7 The permittee or contract laboratory is required to annually analyze an external quality control reference sample for each pollutant. These are available through the EPA regional quality assurance coordinator. Results shall be included in the annual report Quality Assurance Practice, see Section 6.8.2.4.1.3.

6.8.2.4.1.8 The permittee and/or contract laboratory is required to maintain an up-to-date and continuous record of the method used, any deviations from the method or options employed in the reference method, reagent standardization, equipment calibration and the data obtained in Quality Assurance Practices, see Sections 6.8.2.4.1.1, 6.8.2.4.1.2 and 6.8.2.4.1.6.

6.8.2.4.1.9 If a contract laboratory is utilized, the permittee shall report the name and address of the laboratory and the parameters analyzed together with the monitoring data required.

6.8.3 Soils Monitoring

6.8.3.1 Three (3) composite soil samples from each major soil series must be collected and analyzed for the parameters below. Soil pH is an indicator of changes in soil chemistry. If soil pH remains constant, analysis of cation exchange capacity and percent base saturation is not required. If the soil pH changes by one (1) unit, analysis of these parameters will be required.

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* A significant change in soil pH is defined as a change of one (1) or more standard units (S.U.) from the original value established in the Design Engineer Report.

** Excessive levels of soil phosphorus are defined by the Delaware Nutrient Management Commission. Soil phosphorus levels must be tested in accordance with the University of Delaware soil testing methods (Gartley, 2002). If the soil phosphorus levels become excessive, the permittee must perform a Phosphorus Site Index (PSI) study. The results must be submitted to the GDS within 30 days of study completion. Based on these, the GDS may require the permittee to submit a plan detailing steps to reduce the phosphorus loading rates at the site.

6.8.3.2 Wastewater systems receiving industrial process wastes or water treatment facility residuals may be required to monitor metals, salts or other pollutants in soils and vegetation. The parameters and monitoring frequencies will be determined on a case by case basis.

6.8.4 Lysimeter Percolate Monitoring

6.8.4.1 To allow for percolate monitoring, a minimum of one (1) pore-liquid sampler (lysimeter) as defined in ASTM Standard (D 4696) (Standard Guide for Pore-Liquid Sampling from the Vadose Zone) must be installed within the disposal area.

6.8.4.2 For existing systems, if lysimeter data exceeds permitted performance standards for any parameter required to be monitored, on an average annual basis, the Department will review the ground water monitoring data to determine if any down gradient monitoring wells exceed permitted performance standards for those parameters on an average annual basis. No existing facility will be found in violation of the permitted performance standards unless the down gradient monitoring well data also exceeds the required parameters on an average annual basis. The lysimeter data will be used as an early indicator of potential permit exceedence.

6.8.4.3 The constituents are listed below in highest priority. In the event that enough sample volume is not obtained to test for all parameters listed, the sample shall be tested for as many constituents possible.

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6.8.5 Monitoring Reporting

6.8.5.1 Monitoring results obtained during the previous one (1) month/quarter shall be summarized and reported on an approved monitoring report form(s) postmarked no later than the 28th day of the month following the completed reporting period. Unless otherwise specified in the permit, signed reports/forms and field data shall be submitted to the Department at the following address:

Delaware Department of Natural Resources and Environmental Control

Groundwater Discharges Section/Large Systems Branch

89 Kings Highway

Dover, DE 19901

Telephone: (302) 739-9948

Fax: (302) 739-7764

6.8.5.2 All field sampling logs and laboratory results for samples obtained from a well shall be identified by the DNREC ID affixed to the well.

6.8.5.3 If the permittee monitors any parameter at the location(s) designated in the permit more frequently than required, using approved analytical methods, the results shall be reported to the Department on an approved monitoring report form. Such increased frequency shall also be indicated.

6.8.6 Monitoring modifications

Requests for monitoring modifications must be submitted to the Department in writing. Such requests must clearly state the reason for and nature of the proposed modification and, where applicable, must contain supporting scientific information, analysis, and justification. Requests will be addressed by the Department on a case by case basis.

6.9 Annual Report

6.9.1 The permittee shall submit to the Department an annual report summarizing the operations, management, administration and maintenance of the facility for the calendar year. The annual report must be submitted to the Department on or before February 28th of each year. The report must be submitted to the address identified in Section 6.8.4 unless otherwise specified in the facility's permit. The report must, at a minimum, include the following applicable items. The report must also include any additional items specified in the facility's permit.

6.9.1.1 Influent flow to treatment system

6.9.1.1.1 Total annual flow

6.9.1.1.2 Annual average daily flow

6.9.1.1.3 Average monthly flow

6.9.1.1.4 Peak monthly flow

6.9.1.2 Effluent flow to disposal system

6.9.1.2.1 Total annual flow

6.9.1.2.2 Annual average daily flow

6.9.1.2.3 Average monthly flow

6.9.1.2.4 Peak monthly flow

6.9.1.3 Total number of equivalent dwelling units connected to the system.

6.9.1.4 Number of equivalent dwelling units connected to the system during the calendar year.

6.9.1.5 Effluent BOD₅ annual average concentration.

6.9.1.6 Effluent TSS annual average concentration.

6.9.1.7 Effluent total nitrogen annual average concentration and annual total nitrogen mass load.

6.9.1.8 Effluent total phosphorus annual average concentration and annual total phosphorus mass load.

6.9.1.9 Biosolids removed (total gallons).

6.9.1.10 Daily rainfall, temperature, wind speed and direction.

6.9.1.11 Operational and maintenance activities.

6.9.1.12 Vegetative management practices followed during the previous year and anticipated for the coming year.

6.9.1.13 Documentation verifying the calibration of influent and effluent flow meters.

6.9.1.14 Spray irrigation facilities:

6.9.1.14.1 The annual volume of wastewater spray irrigated on each field with the total nitrogen and phosphorus loading applied from all sources to each field in pounds per acre per field as well as total pounds of nitrogen and phosphorus removed through crop uptake.

6.9.1.14.2 Nitrogen balance calculation spreadsheet using actual effluent, nitrogen monitoring data and any additional applied nitrogen.

6.9.1.14.3 A chemical analysis of soils from each field for the soil monitoring constituents identified in the permit.

6.9.1.14.4 Identification of those portions of the field(s) which have been prone to ponding, pooling or runoff.

6.9.1.14.5 The type and amount of crop removed from each field.

6.9.2 All records and information resulting from the monitoring activities required by the construction or operation permit or these Regulations including all records of performed analyses, calibration and maintenance of instrumentation and recording from continuous monitoring instrumentation shall be retained for five (5) years. This period of retention shall be extended automatically during the course of any unresolved litigation regarding the regulated activity or regarding control standards applicable to the permittee or as requested by the Department.

6.10 Temporary Holding Tank

A permit must be obtained from the Department prior to the construction, operation, maintenance or repair of a temporary holding tank. In order to obtain a permit, the applicant must submit a permit application (see Section 6.10.3) to the Department for review and approval. A temporary holding tank permit shall not exceed a five (5) year period and may be extended at the discretion of the Department.

6.10.1 Temporary holding tank permits may be issued for large systems when:

6.10.1.1 A permit to construct the wastewater treatment and disposal system has been issued by the Department and is still valid.

6.10.1.2 A permit to construct the wastewater conveyance system, including all lift stations and force mains has been issued by the Department.

6.10.1.3 Construction of the wastewater treatment and disposal system has been initiated.

6.10.1.4 A construction completion schedule demonstrates the construction of the wastewater treatment and disposal system will be completed prior to the expiration date of the temporary holding tank permit.

6.10.1.5 The number of dwellings to be served by the temporary holding tank permit is at the discretion of the Department and will be based on the design flows, number of equivalent dwelling units and the minimum volume of wastewater necessary to properly operate the initial train of the wastewater treatment facility.

6.10.1.6 Holding tanks shall be equipped with a visual and/or audible alarm system that indicates when the tank is 90% full. An alarm which utilizes off-site notification may be used in lieu of the visual and audible alarm system.

6.10.2 Regional Temporary Holding Tank

6.10.2.1 A temporary holding tank permit for a satellite subdivision that will connect to a utility or government owned regional facility may be issued to the utility or government agency when:

6.10.2.1.1 A permit to construct a regional wastewater treatment and disposal facility has been issued by the Department and is still valid.

6.10.2.1.2 A construction completion schedule that demonstrates the construction of the regional facility, force main, lift station(s) and appurtenances from the satellite subdivision to the regional facility will be completed prior to the expiration date of the temporary regional holding tank permit.

6.10.2.2 The maximum amount of units to be connected to a regional temporary holding tank system shall be 49. Additional connections to the regional temporary holding tank system will not be permitted.

6.10.3 The permit application must include all of the following applicable items:

6.10.3.1 DNREC application form.

6.10.3.2 Applicable Departmental fees.

6.10.3.3 Project overview.

6.10.3.4 Zoning certificate.

6.10.3.5 Design flows.

6.10.3.6 Number of equivalent dwelling units that will be served.

6.10.3.7 Design drawings including location.

6.10.3.8 Design and sizing calculations.

6.10.3.9 System technical specifications.

6.10.3.10 Alarm system specifications.

6.10.3.11 Non-Hazardous Liquid Waste Transporters Permit.

6.10.3.12 A copy of the agreement with a licensed operator and license certification.

6.10.3.13 Legal documentation of the agreement between the owner and a utility provider.

6.10.3.14 A county conditional use ordinance approval.

6.10.3.15 A CPCN for the development.

6.10.4 General Conditions

6.10.4.1 The capacity of the temporary holding tank must be designed for a minimum of two (2) days capacity at design flows of 300 gpd/dwelling unit provided the applicant submits an executed contract with a licensed liquid waste hauler to inspect and pump the temporary holding tank levels every two (2) days.

6.10.4.2 Holding tanks shall be equipped with a visual and/or audible alarm system that indicates when the tank is 90% full. An alarm which utilizes off-site notification may be used in lieu of the visual and audible alarm system.

6.10.4.3 See Section 6.6 for construction requirements.

6.11 Distribution of Treated Wastewater

6.11.1 Distribution of treated wastewater for disposal, reuse, or any other purpose is prohibited without first obtaining a permit from the Department addressing the activity.

6.11.2 Any person receiving and reusing treated wastewater must have a permit from the Department and/or must be receiving the treated wastewater in accordance with a permit issued by the Department specifically authorizing the activity.

6.11.3 General design considerations for wastewater treatment facilities distributing treated wastewater

6.11.3.1 Distributed wastewater must be treated, filtered and meet the treatment requirements for the specific purpose of its use but at a minimum of limited public access levels as specified in Section 6.3.2.3.3.1.

6.11.3.2 Distributed treated wastewater must meet PSN1 and PSP1 limits for non-irrigation activities and for irrigation activities that are not required to have a Nutrient Management Plan.

6.11.3.3 Back flow controls must be installed if the distribution line will also be connected to a ground, surface or fresh water supply. Also refer to the Regulations Governing the Construction and Use of Wells.

6.11.3.4 A low pressure detection system to automatically shut down distribution pumps in the event of force main, sub-main or lateral blowout is required.

6.11.3.5 A high pressure shut-off at the distribution pump station is required.

6.11.3.6 Wastewater treatment facilities permitted to distribute treated wastewater will be evaluated by the Department as to whether or not they will receive an increase in the permitted disposal capacity for the volume distributed.

6.11.4 Application Requirements

6.11.4.1 Any utility, municipality or wastewater treatment facility proposing to provide treated wastewater for distribution must submit to the Department an application for a permit.

6.11.4.2 When possible, the applicant shall provide electronic copies, in addition to hard copies, of all submittals. Providing the electronic copies in a searchable format may expedite the review of the application.

6.11.4.3 The application must include, at a minimum, the following information as applicable and must bear the signature and seal of a Delaware licensed Professional Engineer:

6.11.4.3.1 Application form.

6.11.4.3.2 Applicable fees.

6.11.4.3.3 A list of all sites and users of the treated wastewater to include type of use of the wastewater.

6.11.4.3.4 Tax map numbers for proposed reuse site.

6.11.4.3.5 Zoning certificates for proposed reuse site.

6.11.4.3.6 Conditional use approval from the appropriate County.

6.11.4.3.7 Permit from the Department for distribution piping. A separate application must be submitted to obtain a permit for the force mains that will be installed to distribute the treated wastewater.

6.11.4.3.8 Which watershed the proposed use will be located including the 12 digit HUC (Hydrologic Unit Code).

6.11.4.3.9 Any relevant mapping, including delineation of wetlands, watercourses and ditches.

6.11.4.3.10 Details on the level of treatment proposed.

6.11.4.3.11 Details on any necessary facility upgrades, the force mains to each distribution point, showing connection points, irrigation equipment and redundant back flow controls if the pivots will also be connected to a fresh water supply.

6.11.4.3.12 A process flow diagram including the sample points for compliance monitoring and the location of flow meters. The process flow diagram must demonstrate provisions for ensuring water not meeting the treatment requirements is recycled through the treatment process and not distributed. Indicate on the process flow diagram the intended locations for effluent sampling monitoring.

6.11.4.3.13 A prioritization of treated wastewater allocation between all dedicated spray fields, farm lands, park lands, golf courses, and any other distribution or disposal points.

6.11.4.3.14 The proposed concentrations of total nitrogen and total phosphorus in the treated effluent.

6.11.4.3.15 Wastewater treatment facilities distributing treated wastewater for land application on areas that are not required to have a Nutrient Management Plan by the Delaware Department of Agriculture must provide detailed monthly nutrient loading calculations. Calculations must account for application of nutrients from treated wastewater and commercial fertilizers.

6.11.4.4 Site assessment must include the following, if applicable:

6.11.4.4.1 Abandoned wells within the reuse/disposal area must be identified as well as all domestic, irrigation, commercial, industrial, and public wells within 1,000 feet of the reuse/disposal area.

6.11.4.4.2 A report summarizing the results of the soils sampling and the calculated remaining site life on a constituent by constituent basis in accordance with Section 6.5.4.3.1.1.7.2.

6.11.5 Operation and Maintenance Requirements

6.11.5.1 The wastewater treatment facility must provide to the Department an amended Operation and Maintenance Plan addressing the distribution of treated wastewater.

6.11.6 Monitoring Requirements

6.11.6.1 Treated Wastewater Monitoring Requirements

Monitoring requirements for the treated wastewater provided to all recipients must be as follows unless otherwise stipulated in the operation permit.

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6.11.6.2 Soil Monitoring Requirements

If the treated wastewater is to be reused for irrigation activities, background and decennial soils sampling must be performed for the parameters listed below. A minimum of one (1) composite sample must be taken for each 50 acre area, unless otherwise provided in the permit.

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6.11.6.2.1 The site assimilative capacity for cadmium, copper, lead, nickel, zinc and phosphorus must be determined via calculation on a constituent by constituent basis to determine the site life for each reuse area receiving the treated wastewater.

6.11.6.2.2 The cumulative metal loading to each reuse area must not exceed the values set forth in Exhibit HH. The number of years treated wastewater may be applied to a site must be based on the allowable cumulative metal loading values set forth in Exhibit HH. Providing treated wastewater to any particular reuse area must cease when any one of the cumulative metal limits is reached for that area.

6.11.6.2.3 Prior to the initiation of any reuse activity, and every 10 years thereafter, a report must be submitted to the Department containing the following information for each reuse area:

6.11.6.2.3.1 The results of the soils sampling.

6.11.6.2.3.2 The calculated remaining site life on a constituent by constituent basis for phosphorus, cadmium, copper, lead, nickel and zinc.

6.11.7 Reporting

6.11.7.1 The Wastewater Treatment Facility must report the following information to:

6.11.7.1.1 The Department:

6.11.7.1.1.1 Monthly - The quality and quantity of the treated wastewater provided to each of the recipients on a monthly basis.

6.11.7.1.1.2 Annual - An Annual Summary Report that summarizes all parameters monitored as required in Section 6.9. The report must include the annual volume of wastewater provided to each recipient and any additional items specified in the permit. If the recipient is reusing the treated wastewater for agricultural use in accordance with 3Del.C.§ 2301, the report must also include the total nitrogen, total phosphorus, potassium and metals loading to each recipient reported in pounds. The cumulative metals loading must also be calculated and reported. The total number of acres under irrigation for each recipient for that reporting year must also be indicated.

6.11.7.1.1.3 Decennial - Results of soils sampling and the calculated remaining site life on a constituent by constituent basis for phosphorus, cadmium, copper, lead, nickel and zinc.

6.11.7.1.2 Recipients of treated wastewater:

6.11.7.1.2.1 Weekly - The quantity of treated wastewater provided to each recipient on a weekly basis.

6.11.7.1.2.2 Monthly - Copies of all effluent monitoring results.

6.11.7.1.2.3 Annual - A copy of the Annual Summary Report.

6.11.8 Agricultural Use of Distributed Treated Wastewater

Agricultural use of distributed treated wastewater is the distribution of treated wastewater to farmers for irrigation of agricultural crops in accordance with3Del.C.§ 2301. Sites using treated wastewater in accordance with 3Del.C.§ 2301 which have incorporated the use of treated wastewater in a Delaware Department of Agriculture approved Nutrient Management Plan are exempt from the requirements of Sections 6.0 through Section 6.10, and Section 6.12 of these Regulations unless specifically referenced within this Section 6.11. Wastewater treatment facilities proposing to distribute treated wastewater for agricultural use must comply with all requirements set forth in Section 6.11 and must adhere to the requirements of this Section 6.11.8.

6.11.8.1 General Requirements

6.11.8.1.1 Wastewater treatment facilities permitted to distribute treated wastewater to farmers will not receive an increase in the permitted disposal capacity for the volume distributed.

6.11.8.1.2 Providing treated wastewater to farmers to utilize in accordance with3Del.C.§ 2301 must not cause the quality of Delaware's water and/or aquatic resources to be further impaired.

6.11.8.1.3 In addition to the limits found in Section 6.3.2.3.3.2, the treated wastewater to be distributed must not exceed a chloride concentration of 250 mg/L on an annual average basis.

6.11.8.1.4 The total volume of treated wastewater that may be distributed to each farmer must not exceed agronomic rates as determined and reported in a Delaware Department of Agriculture approved Nutrient Management Plan; and an irrigation plan developed to NRCS standards.

6.11.8.1.5 The total volume of treated and filtered wastewater distributed must be recorded/calculated over a weekly period for each user. The volume must be reported in accordance with Section 6.11.8.3.

6.11.8.2 Application Requirements

6.11.8.2.1 One application shall be coordinated, completed and submitted to both DDA and DNREC. The application submitted to DNREC shall omit the Nutrient Management Plan.

6.11.8.2.2 The application must include:

6.11.8.2.2.1 All applicable items iterated in Section 6.11.4.

6.11.8.2.2.2 The wastewater treatment facility must execute an Agricultural Spray Agreement with each farmer receiving treated wastewater. The agreement must include a point of contact and mailing address for the farmer, and Land Zoning/Ownership verification of the farmers' properties. If the farmer does not own the property, the property owner must also sign the agreement. A copy of the executed agreement must accompany the application.

6.11.8.2.2.3 Indicate which watershed the farm lands are located in including the 12 digit HUC (Hydrologic Unit Code).

6.11.8.2.2.4 Provide a map of the fields, showing the acreage at each farm to be irrigated with treated wastewater.

6.11.8.2.2.5 Indicate whether there are any watercourses on the farm lands proposed for irrigation of treated wastewater.

6.11.8.2.2.6 If a perennial stream traverses or lies at the boundary of the farm lands, the wastewater provider will be required to perform water quality monitoring of the stream. Sampling upstream and downstream of the wetted field area as well as flow measurement may be required. The parameters and frequency of monitoring will be specified as a special condition in the facility's operation permit.

6.11.8.2.2.7 Identification of any drainage structures on the farm lands proposed for irrigation of treated wastewater. Farm lands incorporating drainage improvements that result in a point discharge to surface waters are not eligible to receive and reuse treated wastewater.

6.11.8.2.2.8 Background soil samples of farm lands.

6.11.8.2.2.9 Monitoring results of treated wastewater.

6.11.8.2.2.10 Site life calculations based on cadmium, copper, lead, nickel, phosphorus and zinc.

6.11.8.2.2.11 Calculation of total volume of treated wastewater the farm land can assimilate annually based on soil types and agronomic irrigation rates for crops to be grown.

6.11.8.3 Reporting

6.11.8.3.1 The Wastewater Treatment Facility must report the following information to Delaware Department of Agriculture:

6.11.8.3.1.1 Monthly - Copies of all effluent monitoring results for the farmer to utilize in their Nutrient Management Plans/Annual Reporting.

6.11.8.3.1.2 Annual - A copy of the Annual Summary Report.

6.12 Fees

The Department has established a schedule of annual and/or one-time fees. One-time fees shall be submitted to the Department at time of application. Annual fees shall be submitted to the Department upon receipt of notice or in accordance with the fee payment schedule. Failure to pay fees constitutes grounds for denial of permits and revocation of previously issued permits.

6.12.1 Permitting

6.12.1.1 A fee is required upon submittal of a permit application, in accordance with the latest DNREC fee schedule.

6.12.2 Advertisement

6.12.2.1 An advertisement fee is required upon submittal of a permit application, in accordance with the latest DNREC fee schedule.

6.12.3 Compliance

6.12.3.1 A fee is required for annual compliance inspections in accordance with the latest DNREC fee schedule.

6.13 Severability

If any part of these Regulations, or the application of any part thereof, is held invalid or unconstitutional, the application of such part to other persons or circumstances and the remainder of these Regulations shall not be affected and shall be deemed valid and effective.

6.14 Wastewater Treatment Facility Closure/Abandonment

6.14.1 Any wastewater treatment facility that is to be abandoned must submit a proposed closure and abandonment work plan with procedures on how the facility will be abandoned by the responsible party for review and approval by the Department. The site may require remediation which must also be addressed in the work plan.

6.14.2 Upon review and approval of the work plan and completion of all closure and abandonment actions the responsible party must contact the Department for a final inspection of the facility.

7 Del. Admin. Code § 7101-6.0

17 DE Reg. 752 (1/1/2014) (Final)