7 Del. Admin. Code § 7201-3.0

Current through Register Vol. 28, No. 7, January 1, 2025

Section 7201-3.0 - Coverage, Prohibitions, Exemptions and Exclusions

3.1 Coverage

3.1.1 These regulations apply throughout the State of Delaware and govern the following activities:

3.1.1.1 Construction, installation, replacement, modification, operation or use of any water pollution control facility or device intended to manage or control the discharge of pollutants to surface or ground waters; construction, installation, replacement, modification, operation or use of any liquid waste collection, conveyance or treatment facilities (§ 4).

3.1.1.2 Surface water impoundments for the waste treatment, storage or disposal of nonhazardous liquid wastes (§ 4).

3.1.1.3 Physical, chemical or biological alterations of surface waters subject to the Water Quality Certification Program (§ 5).

3.1.1.4 Point source discharges of pollutants governed by the National Pollutant Discharge Elimination System (NPDES) permit program (§ 6).

3.1.1.5 Discharges of pollutants to surface waters that are substantially similar and regulated as a group, class or category of discharge under the General Permit Program, e.g. stormwater discharges associated with industrial activity (§ 9).

3.1.1.6 Operation of aquaculture or aquatic animal production facilities that discharge pollutants to surface or groundwaters (§ 9).

3.1.1.7 Discharges from the clean up of gasoline and fuel oil released from underground storage tanks (§ 9).

3.1.1.8 Discharges of pollutants associated with car washes and other motor vehicle washing operations (§ 9).

3.1.1.9 Discharges of pollutants associated with the operation and maintenance of swimming pools, spas and similar facilities (§ 9).

3.1.1.10 Pollution prevention/compliance assurance at municipal wastewater treatment plants (§ 10).

3.2 Prohibitions

3.2.1 No person shall undertake any activity that causes or contributes to the discharge of a pollutant to any surface water or groundwater except as authorized pursuant to a permit or equivalent authorization, issued by the Secretary or as prescribed by these regulations (e.g. General Permit Program requirements of § 9).

3.2.2 No person shall construct, install, replace, modify, or use any equipment or device or other article which is intended to control the discharge of pollutants into surface water or groundwater except as authorized pursuant to a permit or equivalent authorization issued by the Secretary or as prescribed by these regulations (e.g. General Permit Program requirements of § 9).

3.2.3 No person shall discharge any pollutant from a point source into surface or ground water, directly or indirectly, except as authorized pursuant to a permit granted under these regulations, unless such discharge is specifically exempted from such permit regulations.

3.2.4 No person shall discharge liquid waste from an existing septic tank or other system where such liquid waste flows to the surface of the ground or into surface water.

3.2.5 No person shall operate any existing pipeline or bulk transfer facility which causes or contributes to the discharge of pollutants onto the surface of the ground or into surface or ground water.

3.2.6 No person shall cause or permit to be discharged, thrown, or dumped into any waters or any drainage ditch in the State any garbage, refuse, dead animal, poultry, trash, carton, bottle, container, box lumber, timber, paper, or light material or other solid waste.

3.2.7 Any discharge of untreated or inadequately treated vessel sewage, by any means, into or upon the waters of any marina, boat docking facility or tidal water of the State is prohibited.

3.2.8 No permit pursuant to these regulations shall be issued for the following:

3.2.8.1 Any discharge of any radiological, chemical or biological warfare agent or high level radioactive material into State waters; and

3.2.8.2 Any discharge that would substantially impair anchorage and navigation in or on any waters of the State and

3.2.8.3 Any discharge that is in conflict with any area-wide or basin-wide water quality control and waste management plan or policy, or plan amendment, approved under §208(b) of the Act. This subsection shall not be construed to prevent private sector treatment and disposal of domestic wastewater; and

3.2.8.4 Any discharge that is in conflict with any Total Maximum Daily Load (TMDL) or Pollution Control Strategy, if applicable, established by the Secretary pursuant to the Law; and

3.2.8.5 Any discharge to the territorial sea, the waters of the contiguous zone, or the oceans in the following circumstances:

3.2.8.5.1 Prior to the promulgation of the guidelines under §403(c) of the Act, unless the Secretary determines permit issuance to be in the public interest; or

3.2.8.5.2 After promulgation of the guidelines under §403(c) of the Act, where insufficient information exists to make a reasonable judgement as to whether the discharge complies with any such guidelines; and

3.2.8.6 Any discharge of liquid wastes or the construction and operation of any pollution control device or equipment unless the county or municipality having jurisdiction has first approved the activity by zoning procedures provided by law pursuant to 7Del.C.§ 6003(c); and

3.2.8.7 Any discharge of liquid wastes to a well. No well shall be used for recharge, injection, or disposal purposes, except as provided under the Department's Regulations Governing Underground Injection Control. This subsection shall not be construed to prevent recharge of treated liquid wastes for the purpose of water resources management.

3.2.8.8 Any discharge or disposal of medical waste.

3.2.9 No permit pursuant to these regulations shall be issued unless the conditions of such permit:

3.2.9.1 provide for compliance with the applicable requirements of the Act or the Law, or regulations promulgated under the Act or the Law; and

3.2.9.2 ensure compliance with the applicable State surface water quality standards and the applicable water quality requirements of all other affected states.

3.2.10 No permit pursuant to these regulations shall be issued to a new source or a new discharger, if the discharge from its construction or operation will cause or contribute to the violation of any applicable surface water quality standard(s).

No permit pursuant to these regulations shall be issued to a new source or a new discharger proposing to discharge to waters that do not meet the applicable surface water quality standards and that are not expected to meet those standards even after the application of the technology-based controls required of point sources under §§301(b)(1)(A) and 301(b)(1)(B) of the Act, unless:

3.2.10.1 The Secretary has established a Total Maximum Daily Load (TMDL) and a Pollution Control Strategy for the receiving waters and the conditions in the permit are consistent with that TMDL and Pollution Control Strategy; or

3.2.10.2 The permit includes a "zero discharge" limitation or similar prohibition against discharging the pollutant or pollutants responsible for the violations; or

3.2.10.3 In cases where the Secretary has yet to establish a Total Maximum Daily Load (TMDL) and a Pollution Control Strategy for the pollutant or pollutants responsible for the violations in the receiving waters, the new source or new discharger offsets the proposed discharge by reducing existing point source and nonpoint source pollutant loads to the impaired waterbody by an amount greater than the proposed discharge. Any offsets shall be obtained before the discharger begins discharging and shall be maintained until the TMDL and Pollution Control Strategy are established and implemented.

This subsection shall not be construed as to preclude the issuance of a permit for the discharge of any pollutant or pollutants for which the applicable surface water quality standards or criteria are being met or are expected to be met in the receiving waters, even though other applicable surface water quality criteria or standards are not being met or are not expected to be met.

3.2.10.3.1 No permit pursuant to these regulations shall be issued when the EPA has objected to such issuance as provided in 40 CFR 123.44. A permit may be issued in such cases where EPA fails to follow the provisions of 40 CFR 123.44.

3.3 Exemptions (Activities Not Requiring a Permit)

3.3.1 The following activities do not require a permit under these regulations:

3.3.1.1 Existing ditches used for the express purpose of draining water from the surface of the land.

3.3.1.2 Storm water discharges not regulated under the NPDES or the General Permit Program. (Refer to § 6 and § 9 of these regulations for details.)

3.3.1.3 Application of organic or inorganic fertilizer to the land for agricultural or horticultural purposes where accomplished using recognized methods in accordance with all applicable regulatory requirements (e.g., the Department's Guidance and Regulations Governing the Land Treatment of Wastes, nutrient management regulations promulgated by the Secretary of Agriculture with the guidance, advice and consent of the Delaware Nutrient Management Commission pursuant to 3 Del.C.,Ch. 22, and so forth).

3.3.1.4 Transportation of organic or inorganic fertilizers.

3.3.1.5 Application of herbicides, pesticides, and plant growth regulators for agricultural or horticultural purposes.

3.3.1.6 The sewer connection from any single family or multi-family dwelling, office building, store or other commercial building which generates less than 2,000 gallons of liquid waste per day, provided the connection will be made prior to use and to a sewer system that has a permit for discharge.

3.3.1.7 Plowing or cultivating for agricultural or horticultural purposes.

3.3.1.8 Irrigation practices utilizing uncontaminated surface or groundwater for agricultural or horticultural purposes.

3.3.1.9 Acid cleansing of masonry, provided such activity does not constitute a point source discharge of a pollutant to State waters or involve the point source discharge of a pollutant to State waters. (Such cases require a NPDES permit under § 6.)

3.3.1.10 Movement or regrading of less than five acres of earth for building excavation, foundations or footings.

3.3.1.11 Construction and operation of potable water transmission lines and storage tanks.

3.3.1.12 Construction, installation or operation of any pipe or system of pipes which does not convey liquid waste and which is located wholly on the property of the owner where processing, manufacturing, commercial or business operations occur.

3.3.1.13 Replacement of any pollution control equipment or facility if a permit authorizing the construction or installation of that pollution control equipment or facility had been issued previously, and if the replacement is equivalent to what was originally designed and constructed or installed.

3.3.1.14 Discharges incidental to the normal operation of a vessel, excluding sewage, when such vessel is operating as a means of transportation.

3.4 Exclusions

3.4.1 The following activities do not require a permit under these regulations unless the Department determines that the activity is a source of pollutants to State waters, involves a discharge of pollutants to State waters or has the potential to discharge pollutants to waters of the State. To qualify for the exclusion herein, either the activity must be conducted in such a way as to preclude the discharge of pollutants or the quantity and quality of the discharge or the constituents in the discharge are such that the discharge will not alter the physical, chemical, biological or radiological properties of the receiving waters.

3.4.1.1 Condensate from any cooling system used for air temperature control;

3.4.1.2 Steam trap blowdown from any steam tracing system;

3.4.1.3 Feedlot or animal feeding operations that do not meet the criteria outlined in Section 6.61 of these regulations or Appendix B of 40 CFR Part 122 ;

3.4.1.4 Aquaculture or aquatic animal production facilities producing less than 2,000 lbs harvest weight fish or aquatic animals per year;

3.4.1.5 Well or pump testing;

3.4.1.6 Pipe and tank cleaning operations;

3.4.1.7 Dewatering of construction site(s) or wellpointing;

3.4.1.8 The operation of a quarry, gravel pit or borrow pit operation;

3.4.1.9 Water line flushing;

3.4.1.10 Landscape or lawn irrigation;

3.4.1.11 Diverted stream flows;

3.4.1.12 Uncontaminated ground water infiltration to separate storm sewers;

3.4.1.13 Discharges from potable water sources;

3.4.1.14 Discharges from foundation drains;

3.4.1.15 Individual residential car/vehicle washing;

3.4.1.16 Dechlorinated backwash from a filter used for an individual dwelling swimming pool;

3.4.1.17 Snow and ice removal;

3.4.1.18 Salting and sanding of roadways for the express purpose of snow and ice removal;

3.4.1.19 Discharges or flows from emergency fire fighting activities.

7 Del. Admin. Code § 7201-3.0