7 Del. Admin. Code § 7301-12.0

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

Section 7301-12.0 - Alternative Method of Compliance

When an applicant is unable to meet the design criteria set forth in these Regulations for the siting or construction of a well, the applicant may seek the Secretary's approval for an Alternative Method of Compliance.

12.1 Applicability. Whenever a well can be constructed in accordance with the requirements of these Regulations that satisfies the applicant's needs, the Department shall require the applicant to construct the well in accordance with these Regulations. An applicant should not seek an Alternative Method of Compliance whenever the applicant can reasonably construct a well that will meet the applicant's needs and that satisfies the requirements of these Regulations.

12.2 Application. An Application for an Alternative Method of Compliance shall consist of:

12.2.1 A complete well permit application;

12.2.2 The appropriate well permit application fee, if applicable, and advertising fee;

12.2.3 A separate scaled plot plan of the area depicting distances from all potential or existing sources of contamination as defined in Section 2.0 of these Regulations, and within the prescribed radius from the proposed well location as described in Section 5.0. The plot plan shall also include all buildings and property lines, and all other physically limiting barriers such as overhead power lines,

12.2.4 A notarized letter executed by the applicant providing explicit documentation supporting the request for an Alternative Method of Compliance.

12.3 Public Notice and Hearing.

12.3.1 Public Notice. Public notice of Applications for an Alternative Method of Compliance shall be made in accordance with 7 Del.C. § 6004. Applications for an Alternative Method of Compliance shall be advertised in a newspaper of general circulation in the county in which the activity is proposed and in a daily newspaper of general circulation throughout the State with a comment period of 15 days.

12.3.1.1 Exceptions to the public notice requirement. The Secretary may take action without public notice on any Application for an Alternative Method of Compliance when the Application concerns:

12.3.1.1.1 Any well from which the Department determines that the withdrawal under normal operations will not exceed 1,000,000 gallons per day; or

12.3.1.1.2 A source of water for three or few families.

12.3.2 Public Hearing. The Secretary shall hold a public hearing on an Application for an Alternative Method of Compliance, in accordance with 7 Del.C. § 6004, if:

12.3.2.1 The Secretary receives a written meritorious request for a hearing within the 15 day public notice period. A public hearing request shall be deemed meritorious if it exhibits a familiarity with the application and a reasoned statement of the probable impact of granting the application; or

12.3.2.2 The Secretary deems a public hearing to be in the best interest of the State.

12.4 Decisions on an Application for an Alternative Method of Compliance.

12.4.1 The Secretary may approve an Alternative Method of Compliance, allowing the applicant to construct a well that otherwise does not meet the design criteria set forth in these Regulations, where:

12.4.1.1 There is no other reasonable source of water available capable of satisfying the applicant's need; and

12.4.1.2 The well, as constructed, will not pose a risk to the lives, health, safety or welfare of those who will use the well, the environment, or to the occupants of this State.

12.4.2 Conditions. The Secretary may include reasonable conditions on the approval and operation of any well authorized to be constructed under this Section. Such conditions may include, but are not limited to, requiring the well to be constructed into a confined aquifer or other alternate depth, special grouting requirements, or monitored for water quality.

12.4.3 The Secretary's decision to approve an Alternative Method of Compliance shall only relieve the applicant from complying with those portions of the Regulations for which the Alternative Method of Compliance was approved. The applicant shall comply with the portions of the Regulations still applicable to approved well. Failure to comply with all applicable regulations and the conditions set forth in the Secretary's approval of the Alternative Method of Compliance shall be grounds to revoke the approval and may form the basis for an enforcement action, pursuant to 7 Del.C. § 6005.

7 Del. Admin. Code § 7301-12.0

20 DE Reg. 180 (9/1/2016) (Final)