7 Del. Admin. Code § 7303-4.0

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

Section 7303-4.0 - Permit Application Procedures

4.1 Scope. This section prescribes the application and processing procedures to be followed by applicants and the Department for original, renewal and modification of water allocation permits.

4.2 General Application Procedures

4.2.1 Application for water allocation permits shall be made on forms provided by the Department.

4.2.2 Information required on the application form shall include, but not be limited to, supply source(s), type of water use, withdrawal point locations, maximum daily, maximum monthly, and annual rates of withdrawal, conservation measures, estimated depletive use, water shortage contingency plans, and manner and location of wastewater disposal.

4.2.3 Applications for allocation permits for irrigation supplies shall be accompanied by a map (U.S. Geological Survey 71/2 minute Quadrangle Series, 1;24000 scale) showing withdrawal pint locations, the area(s) to be served by each withdrawal point locations, the area(s) to be served by each withdrawal point, and the total number of acres served by each withdrawal point.

4.2.4 No new facility requiring a water allocation permit may be operated until the allocation permit has been issued by the Department.

4.2.5 Upon receipt of a completed application. it shall be reviewed by the Department for completeness and consistency with local, State and Regional Water Resources Plan. Land Use Plans, and zoning requirements. If the application is insufficient, incomplete, or prepared improperly, the applicant shall be notified within fifteen (15) working days as to what steps must be taken to make the application complete.

4.2.6 Once an application is deemed complete, the application shall be processed as proved in 7Del.C.,§ 6004.

4.2.7 If no hearing is scheduled, the applicant will be notified of the Department's decision. Any denial of an application shall state reasons for denial. Any public hearing shall be conducted as set forth in 7Del.C.,§ 6006 and decisions will be made in accordance with the administrative procedures contained therein.

4.2.8 Any appeal of a decision by the Department must be made in accordance with the provisions of 7Del.C.,§ 6008.

4.3 Water Conservation Requirements

All applicants for water allocation permits are required to submit in writing and demonstrate the existence of and commitment to a water conservation program, suitable to their particular use, as a condition of their application.

4.3.1 Establishment of a program of periodic monitoring and evaluation of water usage.

4.3.2 Establishment of a systematic leak detection and control program which, through routine maintenance and discovery of leaks, is responsive to high unaccounted for water usage rates.

4.3.3 Use of the best practical methods and devices to conserve water.

4.3.4 A plan to alert employees and customers of the need to conserve water and reduce wasteful usage.

4.3.5 Evaluation of the potential to use water of less than potable quality including the use of treated wastewater, where possible.

4.3.6 The establishment of pricing schedules which reflect the actual cost of water service is required of utilities regulated by the Public Service Commission and is encouraged for non-regulated utilities.

7 Del. Admin. Code § 7303-4.0