7 Del. Admin. Code § 7201-4.0

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

Section 7201-4.0 - Pollution Control Facilities Construction and Operation

4.1 Introduction. This section of the regulations governs the construction, installation, replacement, modification, operation or use of any equipment or device or other article which may cause or contribute to the discharge of a pollutant into any surface water. This includes sewers, wastewater collection and transmission facilities, wastewater treatment systems and similar facilities intended to prevent or control the discharge of pollutants into surface waters, but excludes service plumbing and fixtures (sinks, toilets, drain pipes, etc.). Persons wishing to undertake this activity must apply for and receive a permit from the Division of Water Resources prior to initiating work.

4.2 Prohibitions

4.2.1 No person shall commence construction, installation, replacement, modification, operation or use of any of the following without first having obtained a permit from the Department:

4.2.1.1 Any sewer;

4.2.1.2 Any liquid waste collection or conveyance facilities, e.g. wastewater pump stations and force mains;

4.2.1.3 Any liquid waste treatment facilities;

4.2.1.4 Any surface impoundment for liquid waste; or

4.2.1.5 Any bulk storage, bulk transfer or pipeline facility.

4.2.2 No person shall commence construction, operation or use of any structure or facility (including, but not limited to, a single or multi-family dwelling, an office building, a store or other commercial building, a factory or other industrial building), the occupancy or use of which will generate liquid waste until said person has obtained a permit from the Department for the construction, installation, operation or use of the liquid waste collection, conveyance or treatment facilities servicing the structure or facility.

4.3 Exemption

4.3.1 No permit is required for the replacement of any pollution control equipment or facility provided that:

4.3.1.1 A permit authorizing the construction or installation of that pollution control facility had been issued previously, and

4.3.1.2 The replacement is equivalent to what was originally designed and constructed or installed.

4.3.2 No permit is required for 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.

4.3.3 No permit is required for the construction or installation of piping and plumbing fixtures within any single family or multi-family dwelling, office building, store or other commercial building or industrial facility, that collect liquid wastes and service the dwelling, building or facility.

4.4 Application Requirements. Persons desiring a permit shall submit a complete application to the Department in accordance with this section. The permit application must include the appropriate permit fee, established through a duly adopted fee schedule. For privately-owned systems, the applicant shall also provide a notarized affidavit consenting to the personal jurisdiction of the Delaware courts, and in the event process cannot be served by other means, consent to service of process as provided for in 10Del.C.§ 3104.

The applicant must demonstrate that the facility will be constructed and operated in such manner as to protect Delaware's surface waters and comply with the applicable design standards, technology requirements and water quality standards.

All applications must be accompanied with the following:

4.4.1 Two sets of construction plans and specifications signed and sealed by a Delaware registered Professional Engineer. For gravity collection systems only, plans may be sealed by a professional land surveyor registered in Delaware;

4.4.2 A summary of the intended purpose and design of the proposed facility(ies);

4.4.3 Evidence that provisions have been made for emergency operation, including alternative or back-up power sources;

4.4.4 Description of intended operation and maintenance of the facility; and

4.4.5 Pump/performance curves for all pump/lift stations and force mains.

In addition, applications for extensions to existing wastewater collection and transmission systems must include:

4.4.5.1 Plans drawn to scale showing slope, inverts, pipe size, groundline and tops of manholes, utilities, water mains, storm water and stream crossings and encasements shown in profile.

4.4.5.2 A letter from the owner/municipalityuthority responsible for the operation and maintenance of the central wastewater collection, transmission and treatment facilities authorizing and approving this project. The letter must include statements that the project has the proper zoning approval and that the existing wastewater conveyance and treatment system has the capacity to accommodate the additional flows.

The Department may require the submission of additional information after a permit application has been filed and may suspend processing of the application until such time as the owner or applicant has supplied the missing or deficient information and the Department considers the application complete. Further, where the owner or applicant becomes aware that he failed to submit any relevant facts or submitted incorrect information in a permit application or in any report to the Department, the owner shall submit such facts or information as soon as possible.

4.5 Public Notice Requirements. All applications submitted under this section, except those applications for the construction of municipal or publicly owned sewage collection systems that do not have pumps or a lift station (i.e. gravity systems), are subject to the provisions regarding public notice and opportunity for a hearing pursuant to 7Del.C.§ 6004(b).

4.6 Review of Design Plans for Wastewater Conveyance and Treatment Facilities

Design plans for and specifications for wastewater collection, conveyance and treatment facilities will be reviewed in accordance with the 1997 edition of "Recommended Standards for Wastewater Facilities: Policies for the Design, Review and Approval of Plans and Specifications for Wastewater Collection and Treatment Facilities", published by: Health Education Services, Albany, N.Y.

At the Department's discretion, other published references that provide guidance or recommendations for the design and construction of wastewater conveyance and treatment facilities may be used in reviewing the design.

4.7 Minimum Design Standards for Surface Impoundments

Surface impoundments for the storage, handling or treatment of any liquid waste shall be designed, constructed and operated in such manner as to protect Delaware's surface and groundwaters. All surface impoundments constructed or reconstructed after January 1, 2003 must have impermeable liners to restrict the migration of liquids from the impoundment and to prevent contamination of underlying groundwater. Liners may be constructed of either synthetic or natural materials provided the permeability, durability and integrity of the proposed material can be satisfactorily demonstrated for the anticipated conditions. The base or bottom of the impoundment shall be at least two feet above the seasonal high water table. Adequate freeboard shall be provided and maintained to accommodate any anticipated variability in design flow and the accumulated precipitation from a 10 year, 24 hour storm.

At its discretion, the Department may require more stringent liner requirements when deemed necessary to protect human health and the environment. In addition, the owner or operator of a surface impoundment may be required to develop and maintain a groundwater monitoring program to evaluate the facility's impact upon groundwater.

4.8 Final Determinations - Permit Issuance/Denial. After the close of the comment period specified either in the public notice or at the hearing (if a hearing was held), the Secretary shall make a final determination on the permit application and either issue a permit or deny the application. If the decision is to deny the application, the Secretary shall notify the applicant and provide an explanation of the reasons for denying the application.

4.9 Permit Suspension and Revocation. A permit may be revoked or suspended for violation of any condition of the permit or any requirement of these regulations, in accordance with 7Del.C.Ch. 60.

4.10 Duration of Permits, Continuation of Expiring Permits and Transferability of Permits

4.10.1 Duration of Permits. A permit shall be issued for a specific duration which will be determined by the Department. In no case shall a permit be valid for more than five years.

4.10.2 Continuation of Expiring Permits. Any person wishing to extend or renew an existing permit shall, not less than 90 days prior to the expiration date of that permit, submit a written request to the Department for such permit extension or renewal. At its discretion, the Department may require the submission of a new permit application including any applicable fees. In the event that the permittee submits a timely request to extend or renew the current permit, and the Department through no fault of the permittee, is unable to make a final determination on the request before the expiration date of the current permit, the terms and conditions of that permit shall be continued and remain fully effective and enforceable until the Department makes a final determination on the request.

4.10.3 Transferability of Permits. An existing permit may be transferred if the Secretary agrees and if a written request is submitted to the Department, signed by both parties, the transferor and the transferee, at least ten (10) days prior to the proposed date of transfer. Such requests shall specify the date for the proposed transfer and outline the responsibilities of both parties including acknowledgement that the existing permittee is liable for compliance with the terms and conditions of the permit up to the date of transfer and the transferee or new permittee is liable for compliance from that date on. At its discretion, the Department may require the submission of a new application rather than agreeing to the transfer of the existing permit.

4.11 Conditions Applicable to All Permits. The terms and conditions of each permit issued by the Secretary for the construction, installation, modification, operation or use of the pollution control facilities specified in § 4.1 shall include but not be limited to, the following:

4.11.1 The legal basis for issuance of the permit;

4.11.2 The issuance date and the effective date of the permit;

4.11.3 The name and address of the permittee;

4.11.4 The activity permitted and its location;

4.11.5 If the permitted activity involves construction, installation or modification of a pollution control facility or device, a description of the plans and specifications submitted with the permit application;

4.11.6 The permit expiration date and a statement that the permit may be renewed or a new permit issued, after notice and opportunity for public hearing as required under the Law, upon the condition that the activity meets or will meet all applicable state and federal laws, regulations and requirements;

4.11.7 A specific list of requirements which may include the following:

4.11.7.1 Discharge limitations; and

4.11.7.2 Performance standards; and

4.11.7.3 Monitoring and reporting requirements; and

4.11.7.4 A requirement that the permittee conduct the authorized activity in accordance with the terms and conditions of the permit and that failure to do so constitutes a violation of the permit which is punishable as provided in 7Del.C.§ 6005; and

4.11.7.5 Management requirements, such as notification of intent to initiate operation at least ten (10) days in advance of start up, notification of any changes in authorized activities, notification of noncompliance and a requirement to minimize adverse impacts to State waters resulting from the permitted activities; and

4.11.7.6 Conditions outlining the permittee's responsibilities:

4.11.7.6.1 Within ninety (90) days following completion of construction, submitting an "as built" set of plans for the pollution control facility or device as constructed, installed or modified, which is signed and sealed by a professional engineer licensed in Delaware; and

4.11.7.6.2 That the permittee shall allow the Secretary or his authorized representatives, upon the presentation of credentials:

4.11.7.6.2.1 To enter upon the permittee's premises for inspection of any records, flow measurements, construction or other authorized activity or any condition required under the terms of the permit; and

4.11.7.6.2.2 At reasonable times, to have access to and copy any records required to be kept under the terms and conditions of the permit; to inspect any monitoring equipment or method required in the permit; and to sample any discharge of pollutants; and

4.11.7.6.3 That the permit is transferable with the Department's consent, provided that a written request is submitted to the Department, signed by both parties, the transferrer and the transferee, at least ten (10) days prior to the proposed date of transfer; and

4.11.7.6.4 That all reports submitted with the application and those required by the terms of the permit shall be available for public inspection and that knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided in 7Del.C.§ 6013; and

4.11.7.6.5 That any person who causes or contributes to the discharge of a pollutant into State waters either in excess of any condition specified in the permit or in the absence of a specific permit condition shall report such an incident to the Department as required under 7Del.C.§ 6028;

4.11.8 A schedule of compliance if deemed appropriate in the judgement of the Secretary;

4.11.9 A statement that the permit may be modified, suspended or revoked in whole or in part during its term for cause, including but not limited to the following:

4.11.9.1 Violation of any condition of the permit;

4.11.9.2 Obtaining a permit by misrepresentation or failure to disclose fully all relevant facts;

4.11.9.3 A change in any condition that requires either a temporary or permanent reduction or elimination of the authorized activity;

4.11.9.4 Information that the permitted activity poses a threat to human health or the environment;

4.11.10 A statement that the permittee at all times shall maintain and operate any facilities or systems of control installed by the permittee to achieve compliance with the terms and conditions of the permit;

4.11.11 A statement that nothing in the permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject under 7Del.C.Ch. 60 or under any other applicable state law or regulation; and

4.11.12 A statement that the issuance of the permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations.

7 Del. Admin. Code § 7201-4.0