7 DE Admin. Code 7101. Regulations Governing the Design, Installation and Operation of On-Site Wastewater Treatment and Disposal Systems

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Delaware Administrative Code › Title 7 Natural Resources and Environmental Control › 7000 Division of Water › 7100 Groundwater Discharges Section › 7 DE Admin. Code 7101

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An individual representative of a manufacturer/supplier who holds a DNREC Class E System Contractor or Class H System Inspector license; or,

A Class E System Contractor who is certified, through DNREC approved training, on the operation and maintenance of the advanced treatment unit or system; or,

A Class H System Inspector who has become certified through DNREC approved training on the operation and maintenance of the advanced treatment unit or system; or,

A Homeowner who has obtained DNREC individual homeowner service provider certification and has been certified through DNREC approved training on the operation and maintenance of the advanced treatment unit or system. The DNREC homeowner certification allows the homeowner to operate and maintain their Innovative/Alternative system at their primary residence only.

EPA Plate Test. Place a 1 to 5 kilogram (2.2 to 11.0 lbs.) sample of waste on a level or slightly sloping plate of glass or other similarly flat and smooth solid material for at least 5 minutes. If a liquid phase separation is observed, the waste contains free liquids.

EPA Gravity Test. The test protocol calls for a 100 ml representative sample of the waste from a container to be placed in a 400 micron conical paint filter for 5 minutes. The filter specified is a standard paint filter which is commonly available at hardware and paint stores. The filter is to be supported by a funnel on a ring stand with a beaker or cylinder below the funnel to capture any free liquid that passes through the filter. If any amount of free liquid passes through the filter, the waste is considered to hold free liquids

nical paint filter for 5 minutes. The filter specified is a standard paint filter which is commonly available at hardware and paint stores. The filter is to be supported by a funnel on a ring stand with a beaker or cylinder below the funnel to capture any free liquid that passes through the filter. If any amount of free liquid passes through the filter, the waste is considered to hold free liquids.

The site's soils have a Fertility Index Value (FIV) of greater than 100 for phosphorus or a soil test value of over 100 parts per million (ppm) by the Mehlich 3 soil test; and

The groundwater phosphorus content is above 0.034 mg/L and there is an indication that groundwater is anoxic due to low dissolved oxygen or oxidation reduction potential below 200 mV; and

The disposal area contains soils with a seasonal high water table above 27 inches.

The presence of seasonal or perennial saturation in some part or all of the soil matrix as evidenced by redoximorphic features or direct measurement of piezometers and/or observation wells; or

Layers with a measured or estimated percolation rate of 120 mpi or slower; or

Rock with open joints, fractures or solution channels, masses of loose rock fragments, or loose weathered rock, including gravel, with insufficient fine soil to fill the voids between the fragments; or

Geologic stratum or soil zone in which the permeability of the stratum or zone effectively limits the movement of water

For large systems - maximum height of the projected seasonal high groundwater mound

Failure of a system to accept wastewater discharge or the backup of wastewater into the structure served by the system.

Direct discharge of wastewater to the surface of the ground, surface water, or groundwater without adequate renovation

permeability of the stratum or zone effectively limits the movement of water

For large systems - maximum height of the projected seasonal high groundwater mound

Failure of a system to accept wastewater discharge or the backup of wastewater into the structure served by the system.

Direct discharge of wastewater to the surface of the ground, surface water, or groundwater without adequate renovation.

An average annual concentration of 5 mg/L (parts per million (ppm)) total nitrogen in effluent sampled at the end-of-pipe of the advanced treatment unit; or

A 90% reduction in effluent total nitrogen concentration when compared to the influent total nitrogen concentration; or

An average annual concentration of 5 mg/L beneath any permitted on-site wastewater treatment and disposal system as verified by in-field monitoring provided that the design percolate concentration does not exceed 5 mg/L on an average annual basis.

An average annual concentration of 10 mg/L (ppm) total nitrogen in effluent sampled at the end-of-pipe of the advanced treatment unit; or

An 80% reduction in effluent total nitrogen concentration when compared to the influent total nitrogen concentration; or

An average annual concentration of 10 mg/L beneath any permitted on-site wastewater treatment and disposal system as verified by in-field monitoring provided that the design percolate concentration does not exceed 10 mg/L on an average annual basis.

An average annual concentration of 20 mg/L (ppm) total nitrogen in effluent sampled at the end-of-pipe of the advanced treatment unit; or

A 50% reduction in effluent total nitrogen concentration when compared to the influent total nitrogen concentration at the end-of-pipe of the advanced treatment unit; or

A 50% reduction in effluent total nitrogen concentration when compared to the influent total nitrogen concentration beneath any permitted on-site wastewater treatment and disposal system as verified by in-field monitoring or third party test results

effluent total nitrogen concentration when compared to the influent total nitrogen concentration at the end-of-pipe of the advanced treatment unit; or

An average annual concentration of 4 mg/L (ppm) total phosphorus in effluent sampled at the end-of-pipe of the advanced treatment unit; or

A 75% reduction in effluent total phosphorous concentration when compared to the influent total phosphorus; or

An average annual concentration of 4 mg/L beneath any permitted on-site wastewater treatment and disposal system as verified by in-field monitoring provided that the design percolate concentration does not exceed 4 mg/L on an annual average basis.

An average annual concentration of 8 mg/L (ppm) total phosphorus in effluent sampled at the end-of-pipe of the advanced treatment unit; or

A 50% reduction in effluent total phosphorous concentration when compared to the influent total phosphorus; or

An average annual concentration of 8 mg/L beneath any permitted on-site wastewater treatment and disposal system as verified by in-field monitoring provided that the design percolate concentration does not exceed 8 mg/L on an annual average basis.

The major textural classifications are observed and can be determined in the field as follows:

Sand: Individual grains can be seen and felt readily. Squeezed in the hand when dry, this soil will fall apart when the pressure is released. Squeezed when moist, it will form a cast that will hold its shape when the pressure is released, but will crumble when touched.

released. Squeezed when moist, it will form a cast that will hold its shape when the pressure is released, but will crumble when touched.

Sandy Loam: Consists largely of sand, but has enough silt and clay present to give it a small amount of stability. Individual sand grains can be readily seen and felt. Squeezed in the hand when dry, this soil will readily fall apart when the pressure is released. Squeezed when moist, it forms a cast that will not only hold its shape when the pressure is released, but will withstand careful handling without breaking. The stability of the moist cast differentiates this soil from sand.

Loam: Consists of an even mixture of sand and of silt and a small amount of clay. It is easily crumbled when dry and has a slightly gritty yet fairly smooth feel. It is slightly plastic. Squeezed when moist, it forms a cast that will not only hold its shape when the pressure is released, but will withstand careful handling without breaking. The stability of the moist cast differentiates this soil from sand.

Silt Loam: Consists of a moderate amount of fine grades of sand, a small amount of clay, and a large quantity of silt particles. Lumps in a dry, undisturbed state appear quite cloddy, but they can be pulverized readily; the soil then feels soft and floury. When wet, silt loam runs together in puddles. Either dry or moist, casts can be handled freely without breaking. When a ball of moist soil is pressed between thumb and finger, it will not press out into a smooth, unbroken ribbon, but will have a ribbon appearance.

Clay Loam: Consists of an even mixture of sand, silt, and clay, which breaks into clods or lumps when dry. When a ball of moist soil is pressed between the thumb and finger, it will form a thin ribbon that will readily break, barely sustaining its own weight. The moist soil is plastic and will form a cast that will withstand considerable handling.

Silty Clay Loam: Consists of a moderate amount of clay, a large amount of silt, and a small amount of sand

d clay, which breaks into clods or lumps when dry. When a ball of moist soil is pressed between the thumb and finger, it will form a thin ribbon that will readily break, barely sustaining its own weight. The moist soil is plastic and will form a cast that will withstand considerable handling.

Silty Clay Loam: Consists of a moderate amount of clay, a large amount of silt, and a small amount of sand. It breaks into moderately hard clods or lumps when dry. When moist, a thin ribbon or one eighth (1/8) inch wire can be formed between thumb and finger that will sustain its weight and will withstand gentle movement.

Silty Clay: Consists of even amounts of silt and clay and very small amounts of sand. It breaks into hard clods or lumps when dry. When moist, a thin ribbon or one eighth (1/8) inch or less sized wire formed between thumb and finger withstand considerable movement and deformation.

Clay: Consists of large amounts of clay and moderate to small amounts of sand. It breaks into very hard clods or lumps when dry. When moist, a thin, long ribbon or one sixteenth (1/l6) inch wire can be molded with ease. Fingerprints will show on the soil, and a dull to bright polish is made on the soil by a shovel.

Silt: Consists largely of silt with very small amounts of clay. The soil feels very silky or floury. When pressed between thumb and finger it will readily pulverize without forming a ribbon.

Loamy Sand: Is predominately composed of sand, but has enough clay so that it can be formed into a weakly developed ball with careful handling.

Sandy Clay Loam: The predominant particle size found within this soil textural class is sand, although it contains relatively high levels of clay with lesser amounts of silt. When moist, it will form a thin ribbon that does not readily break.

Sandy Clay: Consists of relatively even amounts of sand and clay with very small amounts of silt. When moist, a thin ribbon can readily be formed between thumb and finger without considerable deformation or movement

n this soil textural class is sand, although it contains relatively high levels of clay with lesser amounts of silt. When moist, it will form a thin ribbon that does not readily break.

These and other soil textural characteristics are defined as shown in the United States Department of Agricultural Textural Classification Chart which is hereby adopted as part of these Regulations (see Exhibit B). This textural classification chart is based on the Standard Pipette Analysis as defined in the United States Department of Agriculture, Soil Conservation Service Soil Survey Investigations Report No. 1.

Throughout these Regulations where soil textural classes and other terminology describing soils are utilized, definition and interpretation shall be in accordance with the Soil Survey Manual (Handbook 18), Field Book for Describing and Sampling Soils, and Field Indicators of Hydric Soils in the Mid-Atlantic States as published by either the U.S. Department of Agriculture or the U.S. Environmental Protection Agency.

Ephemeral - A watercourse which flows briefly, only in direct response to precipitation in the immediate vicinity, and whose invert is above the seasonal high water table.

Percolation Rate | Maximum Hole Spacing

20 - 25 MPI | 60 inches

30 - 60 MPI | 72 inches

65 - 120 MPI | 96 inches

Biosolid Type | Percent Solids

Liquid | < 15%

Cake | 15 - 35%

Dried | > 35%

Sieve Size | Maximum Percentage Passing Sieve

3/8” | 100%

#4 | 95-100%

#50 | 5 - 30%

#100 | 1- 7%

Sieve Size | Maximum Percentage Retained | Minimum Percentage Passing Sieve

2 ½" | 0% | 100%

2" | 0-3% | 97-100%

1 ½” | 5-10% | 90-95%

1” | 50-80% | 20-50%

½” | 25-35% | 10-25%

#4 | 0-5% | 0-5%

#8 | 0% | 0%

Sieve Size | Percentage Passing Sieve

4” | 100% minimum

2" | 25% minimum

#4 | 5% maximum

American Society of Agricultural Engineers, 2950 Niles

8” | 100%

#4 | 95-100%

#50 | 5 - 30%

#100 | 1- 7%

Sieve Size | Maximum Percentage Retained | Minimum Percentage Passing Sieve

2 ½" | 0% | 100%

2" | 0-3% | 97-100%

1 ½” | 5-10% | 90-95%

1” | 50-80% | 20-50%

½” | 25-35% | 10-25%

#4 | 0-5% | 0-5%

#8 | 0% | 0%

Sieve Size | Percentage Passing Sieve

4” | 100% minimum

2" | 25% minimum

#4 | 5% maximum

American Society of Agricultural Engineers, 2950 Niles Road, St. Joseph, Michigan 49085.

American Society of Agronomy, 667 S. Segoe Road, Madison, Wisconsin 53711.

Delaware Agricultural Extension Service, College of Agriculture, University of Delaware, Newark, Delaware 19703.

The Irrigation Association, 13975 Connecticut Avenue, Silver Spring, Maryland 20906.

Andres, A. S. and Martin, M. J., 2005, Estimation of the Water Table for the Inland Bays Watershed, Delaware: Delaware Geological Survey Report of Investigations No. 68, 20 p.

Brady, N.C. 1974. The Nature and Properties of Soils, Eighth Edition. (ISBN 0-02-313350-3) MacMillan: New York, New York.

Cole, D., C. Henry, and W. Nutter. 1986. Forest Alternative for Land Treatment of Municipal and Industrial Wastes. University of Washington Press, Seattle, 592 pp.

The Irrigation Association. 1983. Irrigation, Fifth Edition. Silver Spring, Maryland.

Metcalf and Eddy, Inc. 1979. Wastewater Engineering: Treatment, Disposal and Reuse. (ISBN 0-07-041667-X) McGraw-Hill: New York, New York.

Overcash, M.R. and P. Pal. 1979. Design of Land Treatment Systems for Industrial Wastes - Theory and Practice. Ann Arbor Science: Ann Arbor, Michigan.

Reed, S.C. and R.W. Crites. 1984. Handbook of Land Treatment Systems for Industrial and Municipal Wastes. (ISBN 0-8155-0991-X) Noves Publications: Park Bridge, New Jersey.

Rich, L.G. 1980. Low Maintenance, Mechanically Simple Wastewater Treatment Systems. (ISBN 0-07-052252-9) McGraw-Hill: New York, New York.

Smedema, L.K. and D.W. Rycroft. 1983. Land Drainage: Planning and Design of Agricultural Drainage Systems. (ISBN 0-8014-1629-9) Cornell University Press: Ithaca, New York

ial and Municipal Wastes. (ISBN 0-8155-0991-X) Noves Publications: Park Bridge, New Jersey.

Rich, L.G. 1980. Low Maintenance, Mechanically Simple Wastewater Treatment Systems. (ISBN 0-07-052252-9) McGraw-Hill: New York, New York.

Smedema, L.K. and D.W. Rycroft. 1983. Land Drainage: Planning and Design of Agricultural Drainage Systems. (ISBN 0-8014-1629-9) Cornell University Press: Ithaca, New York.

United States Department of Agriculture. National Engineering Handbook, Sections 15 and 16. Soil Conservation Service. Washington, D.C.

United States Environmental Protection Agency. 1981. Process Design Manual: Land Treatment of Municipal Wastewater. (EPA 625/1-81-013) Center for Environmental Research Information. Cincinnati, Ohio.

United States Environmental Protection Agency. 1983. Design Manual: Municipal Wastewater Stabilization Ponds. (EPA-625/1-83-015) Center for Environmental Research Information. Cincinnati, Ohio.

Water Pollution Control Federation, American Society of Civil Engineers. 1977. WPCF Manual of Practice No. 8: Wastewater Treatment Plant Design. Washington, D.C.

7101 Regulations Governing the Design, Installation and Operation of On-Site

Wastewater Treatment and Disposal Systems

FOREWORD

The Delaware Department of Natural Resources and Environmental Control (the Department) finds that a substantial portion of the State's population lives where centralized water supplies or wastewater treatment services are limited. It is the intent of the Department to aid and assist the public in the installation of on-site wastewater treatment and disposal systems, where possible, by utilizing the best information, techniques and soil evaluations for the most suitable system that site and soil conditions permit.

by utilizing the best information, techniques and soil evaluations for the most suitable system that site and soil conditions permit.

Statewide regulations governing the installation and operation of wastewater treatment and disposal systems have existed since 1968. Inappropriate installations and poor operation and maintenance practices have resulted in treatment and disposal system malfunctions. Inadequately renovated wastewater has contaminated the State's groundwater and is presenting a threat to the public health, safety, and welfare. Corrective measures require the replacement of water supply and wastewater systems, sometimes at a very high cost, which is sometimes borne by the general public. As such the Department's regulations governing the site evaluation, siting density, installation, operation and maintenance of on-site wastewater treatment and disposal systems have been identified as requiring revisions.

Through a process that included considerable staff research, consultant studies, the development of background "working papers", interaction with public/private sector on-site wastewater industry professionals, public meetings and presentations, public workshops, a public hearing and a hearing officer's report along with draft versions of this Regulation were prepared, reviewed and revised. This final version is the result of those various activities, and incorporates, as best as possible, all valid concerns into its provisions.

They are based on the best information available and include the establishment of a process for updating this Regulation as information changes. They include what are considered to be the best engineered design standards for on-site systems, as determined by research and practical experience. These Regulations seek to require the use of on-site wastewater treatment and disposal systems and slow rate land treatment systems that will function according to their performance criteria without causing the State's groundwater resources to violate U. S

include what are considered to be the best engineered design standards for on-site systems, as determined by research and practical experience. These Regulations seek to require the use of on-site wastewater treatment and disposal systems and slow rate land treatment systems that will function according to their performance criteria without causing the State's groundwater resources to violate U. S. Environmental Protection Agency Drinking Water Standards on an average annual basis.

This document also provides for the planning, design, and operation of slow rate land treatment systems for wastewaters in Delaware. The term slow rate land treatment as used in these regulations refers to the advanced treatment of wastewater by irrigation onto land to support vegetative growth. These systems are designed and operated so there is no direct discharge to surface waters. The irrigated wastewater evaporates and transpires to the atmosphere or enters the groundwater through percolation. Organic constituents in the wastewater are stored in the soil or stabilized by soil bacteria. Properly designed and operated wastewater irrigation systems produce a percolate water of high quality and thus protect ground and surface water resources.

The proper siting of wastewater treatment and disposal systems is addressed by the establishment of various soil criteria and hydrogeologic criteria which lead to the selection of the most suitable on-site wastewater treatment and disposal system for local conditions. System selection and sizing are determined using the results of the site specific soil evaluations, infiltrometer tests and/or hydrogeologic suitability investigations. Soil evaluation and system selection, design, installation, operation and maintenance are required to be performed by individuals licensed under these Regulations

-site wastewater treatment and disposal system for local conditions. System selection and sizing are determined using the results of the site specific soil evaluations, infiltrometer tests and/or hydrogeologic suitability investigations. Soil evaluation and system selection, design, installation, operation and maintenance are required to be performed by individuals licensed under these Regulations.

Although it has not been possible to include every method of on-site treatment and disposal, the Department's policy is to encourage development of new systems, processes and techniques which may benefit significant numbers of people within Delaware. It is expected that these Regulations will be reviewed and revised periodically and that standards for future methods of wastewater treatment and disposal will be evaluated as more experience and research data become available. The Regulations contain provisions that enable that process to occur.

1.0 Authority and Scope

1.1 These Regulations are adopted by the Secretary of the Department of Natural Resources and Environmental Control under and pursuant to the authority set forth in 7 Del.C. Ch. 60.

1.2 These Regulations shall apply to all aspects of:

1.2.1 The planning, design, construction, operation, maintenance, rehabilitation, replacement, inspection and modification of on site wastewater treatment and disposal systems within the boundaries of the State of Delaware; and

1.2.2 The planning, design, construction and operation and maintenance of on site wastewater holding tanks within the boundaries of the State of Delaware; and

1.2.3 The licensing of percolation testers, on site wastewater treatment and disposal system designers, soil scientists, on site wastewater treatment and disposal system contractors, system inspectors and liquid waste haulers within the boundaries of the State of Delaware

struction and operation and maintenance of on site wastewater holding tanks within the boundaries of the State of Delaware; and

1.3 These Regulations shall supersede and replace the Regulations Governing the Design, Installation, and Operation of On-Site Wastewater Treatment and Disposal Systems and the Guidance and Regulations Governing the Land Treatment of Wastes, Part II. With respect to the other provisions of the Regulations Governing the Control of Water Pollution these Regulations shall supersede such Regulations only to the extent of any inconsistency. These Regulations shall apply throughout the State of Delaware.

1.4 The Department has the authority to establish and collect fees for the defraying of expenses incurred by the Department for facilities and services needed to provide for the administration of its programs. The authority is contained within 68 Del. Laws C. 86 §14 , which also contains the schedule of fees.

2.0 Definitions

The following words and terms, when used in this Regulation, shall have the following meaning unless the text clearly indicates otherwise:

" Absorption facility " means a system of open jointed or perforated piping, alternative distribution units or other seepage systems for receiving the flow from septic tanks or other treatment facilities and designed to distribute effluent for oxidation and absorption by the soil within the zone of aeration.

" Advanced treatment unit " means any process designed to produce an effluent of higher quality than normally achieved by secondary treatment processes or containing unit operations not normally found in secondary treatment which also incorporates nutrient removal processes that achieve PSN3 requirements

d to distribute effluent for oxidation and absorption by the soil within the zone of aeration.

" Affidavit of Ownership " means a formal sworn statement of ownership, signed by the declarant (who is called the affiant or deponent) and witnessed (as to the veracity of the affiant's signature) by a taker of oaths, such as a notary public.

" Aggregate-free chambers " means a buried structure used to create an enclosed unobstructed soil bottom absorption area and side-wall absorption area for infiltration and treatment of wastewater which can be used to replace the filter aggregate and distribution pipe in an absorption facility.

" Agricultural land " means land cultivated for the production of crops or used for raising livestock.

" Agricultural wastes " means wastes normally associated with the production and processing of food and fiber on farms, feedlots, ranches, ranges, and forests which may include animal manure, crop residues, and dead animals; also agricultural chemicals, fertilizers and pesticides which may find their way into surface and subsurface water.

" Agricultural well " means a non-potable well used for watering livestock, aquaculture, or watering household yards and gardens, or for other purposes related to farming but not for irrigating lands or crops.

" Alternating system " means two or more disposal fields, equal in size with dosing provided alternatively to each field.

" Applicant " means the owner or legally authorized agent of the owner as evidenced by sufficient written documentation who has submitted an application to the Department for review and approval

ns, or for other purposes related to farming but not for irrigating lands or crops.

" Alternating system " means two or more disposal fields, equal in size with dosing provided alternatively to each field.

" Applicant " means the owner or legally authorized agent of the owner as evidenced by sufficient written documentation who has submitted an application to the Department for review and approval.

" Aquifer " means a part of a formation, a formation, or a group of formations that contains sufficient saturated permeable material to yield economically useful quantities of water to wells and springs.

" Authorization to use existing system permit " means a written document issued by the Department which states that an on site wastewater treatment and disposal system appears adequate to serve the purpose for which a particular application is made and that the system may be placed into operation.

" Authorized agent " means a person given the authority to act on the owner's behalf for filing an application with the Department either to sign on behalf of the owner or to act as the contact person to receive all correspondence.

" Backfill " means a soil which is clean and free of foreign debris, placed over the disposal area and fill extensions.

" Biosolids " means the nutrient-rich organic materials resulting from the treatment of sewage sludge: the solid, semisolid or liquid untreated residue generated during the treatment of domestic sewage in a treatment facility.

" Blackwater " means waste carried off by toilets, urinals, and kitchen drains.

" BOD5 " means biochemical oxygen demand which is the amount of oxygen required by bacteria to stabilize decomposable organic matter under aerobic conditions.

" Building drain " means the piping coming from inside a building that extends five (5) feet beyond the exterior walls of the building and conveys wastewater to the building sewer.

" Building sewer " means piping which carries wastewater from a building drain to the first component of the treatment and disposal system

d by bacteria to stabilize decomposable organic matter under aerobic conditions.

" Building drain " means the piping coming from inside a building that extends five (5) feet beyond the exterior walls of the building and conveys wastewater to the building sewer.

" Building sewer " means piping which carries wastewater from a building drain to the first component of the treatment and disposal system.

" Capping fill gravity " means a gravity fed on-site wastewater treatment and disposal system which maintains a minimum 36 inches of separation distance above the limiting zone where the trench or bed is installed between 12 and 23 inches into the natural soil below a soil cap of a specified depth and texture.

" Certified service provider " means any of the following responsible parties:

" Cesspool " means a covered pit, with a porous lining, into which wastewater is discharged and allowed to seep or leach into the surrounding soils with or without an absorption facility. Note: Cesspools cannot be certified for real estate transfers.

" Class H inspection " means the inspection of an existing OWTDS by an individual licensed as Class H system inspector by the Department to inspect, investigate and collect data detailing the current operating condition and type of system on Department authorized forms as observed on a specific date and time.

" Commercial facility " means any structure or building, or any portion therefore, other than a residential dwelling.

" Community system " means an on-site wastewater treatment and disposal system which serves more than three (3) lots, parcels, condominium units or units of a planned unit development.

" Completed application " means the application form is properly completed in full, is signed by the applicant, is accompanied by all required documents, exhibits, detailed plans and specifications, and required fee

" Community system " means an on-site wastewater treatment and disposal system which serves more than three (3) lots, parcels, condominium units or units of a planned unit development.

" Confined aquifer " means a saturated layer of permeable geologic material bounded above and below by confining layers, and in which water pressures are greater than atmospheric.

" Confining layer " means a stratum of impermeable or distinctly less permeable material stratigraphically adjacent to one or more aquifers.

" Construction permit " means a permit issued by the Department for the construction, repair or replacement of an on site wastewater treatment and disposal system.

" Construction report " means a Department approved form prepared by the contractor and submitted to the Department within 10 calendar days after the absorption facility has been completely installed.

" Conventional on-site wastewater treatment and disposal systems (OWTDS) " means those small systems which are referred to as; gravity, low pressure pipe, pressure-dosed, Wisconsin at-grade and elevated sand mound.

" Crops " means a plant growing where it is desired for man and his welfare as opposed to weeds which interfere with the activities of man, his welfare and are growing where it is undesirable.

" Crops for direct human consumption " means crops that are consumed by humans without processing to minimize pathogens before distribution to the consumer.

" Declaration of Covenants & Restrictions " means a legal obligation imposed by the seller upon the buyer of real estate.

" Department " means the Department of Natural Resources and Environmental Control of the State of Delaware (DNREC)

able.

" Crops for direct human consumption " means crops that are consumed by humans without processing to minimize pathogens before distribution to the consumer.

" Declaration of Covenants & Restrictions " means a legal obligation imposed by the seller upon the buyer of real estate.

" Department " means the Department of Natural Resources and Environmental Control of the State of Delaware (DNREC).

" Developer " means a person, persons, partnership, firm, corporation or cooperative enterprise undertaking and/or participating in the development of a subdivision, manufactured home community, or multi unit housing project.

" Director " means the Director of the Division of Water for the State of Delaware or his/her authorized representative.

" Disposal " means the discharge, deposit, injection, dumping, spilling, leaking, or placing of wastewater, other liquid waste, or any constituent of it on or in the land, the air or any waters, including groundwater, and includes any method of utilization that involves reuse of the nutrients at greater than agronomic rates.

" Disposal area " means the entire area used for the absorption facility.

" Distributed wastewater " means treated and filtered wastewater provided for disposal, reuse or any other purpose consistent with the intent of these Regulations.

" Distribution box " means a box for distributing wastewater equally to separate distribution laterals of the absorption facility by means of gravity.

" Distribution system " means piping or other devices used in the distribution of wastewater within the absorption facility (also referred to as distribution laterals).

" Domestic waste " means solid waste, composed of garbage and rubbish, which normally originates in a private home or apartment house and may contain toxic or hazardous waste.

" Dosing " means the pumped or regulated flow of wastewater to the absorption facility

iping or other devices used in the distribution of wastewater within the absorption facility (also referred to as distribution laterals).

" Domestic waste " means solid waste, composed of garbage and rubbish, which normally originates in a private home or apartment house and may contain toxic or hazardous waste.

" Dosing " means the pumped or regulated flow of wastewater to the absorption facility.

" Dosing chamber " means a tank/receptacle for retaining effluent until pumped by timing and/or measured volumes to the pressurized absorption facility.

" Down gradient " means an area that has a lower potentiometric surface (hydraulic head) than a comparative reference point.

" Dwelling " means any structure or building, or any portion thereof which is used, intended, or designed to be occupied for human living purposes including, but not limited to, houses, houseboats, boathouses, mobile homes, manufactured homes, travel trailers, hotels, motels, apartments and condominiums.

" Easement " means an interest in land owned by another that entitles its holder to a specific limited use or enjoyment.

" Effluent " means the wastewater flow from a tank or treatment process.

" Effluent filter " means a device placed in the outlet compartment of a septic tank which conforms to ANSI/NSF Standard 46 for the purpose of removing particulate matter before the effluent enters the absorption facility.

" Effluent line " means the pipe beginning at the treatment unit or septic tank and terminating at the absorption facility.

" Elevated sand mound " means an on-site wastewater treatment and disposal system which maintains a minimum 36 inches of separation distance above the limiting zone in which wastewater is pressurized into suitable fill material constructed above existing grade.

" Emergency permit " means a permit allowing a repair and/or replacement of a broken system component on an emergency basis where immediate action is necessary to protect public health

water treatment and disposal system which maintains a minimum 36 inches of separation distance above the limiting zone in which wastewater is pressurized into suitable fill material constructed above existing grade.

" Emergency permit " means a permit allowing a repair and/or replacement of a broken system component on an emergency basis where immediate action is necessary to protect public health. Repairs/replacements of this kind are considered emergencies occurring when Department offices are closed. Repairs and/or component replacements to cesspools, seepage pits or tank(s) associated with cesspools/seepage pits are not permitted unless approved by the Department.

" Encumbrance " means anything non-financial that affects or limits the area available to site, design and install an OWTDS on a property such as easements, right of ways and restrictions. The Department also includes, but is not limited to, these physical encumbrances; dwellings, outbuildings, driveways, or concrete pads.

" Engineered sandy fill " means sand that must have a uniformity coefficient of < 5. A minimum of 95% by weight must pass through a #4 sieve and a maximum of 10% by weight through a #100 sieve.

" Escarpment " means any naturally occurring slope greater than 30% which extends vertically six (6) feet or more as measured from top to toe, and which is characterized by a long cliff or steep slope which separates two (2) or more comparatively level or gently sloping surfaces, and may intercept one (1) or more layers that limit soil depth.

" Existing on site wastewater treatment and disposal system " means any installed on site wastewater treatment and disposal system constructed in conformance with the rules, laws and local ordinances in effect at the time of construction or which would have conformed satisfactorily to the system design provided for in Department regulations

y intercept one (1) or more layers that limit soil depth.

" Fill " means soil material which has been transported to and placed over the original soil or bedrock and is characterized by a lack of distinct horizons or color patterns as found in naturally developed, undisturbed soils.

" Filter aggregate " means washed gravel or crushed stone ranging in size from 3/4" to 2l/2" in any dimension and clean and free of fine materials (dust) and meeting grading specifications in Section 5.4.2.

" Filter fabric " means any material approved by the Department which is permeable but does not allow soil particles to pass through for the purpose of protecting the filter aggregate or aggregate free chambers within the absorption facility.

" Food chain crops " means tobacco, crops grown for human consumption, and crops grown to feed animals whose products are consumed by humans.

" Free liquids " means liquids which readily separate from the solid portion of a waste under the following tests:

" Full depth gravity " means a gravity fed on-site wastewater treatment and disposal system which maintains a minimum of 36 inches of separation distance above the limiting zone where the trench or bed is generally installed 24 inches into the natural soil.

" Governmental appointee " means any state, county, municipal employee or someone contracted by any of these agencies for the purpose of doing official business for the business aspects of the State.

" Governmental unit " means the state, any county, municipality, or any part thereof.

“ GPD " means gallons per day.

" Grade " means the inclination or slope of a conduit, ground or plane surface

oil.

" Governmental appointee " means any state, county, municipal employee or someone contracted by any of these agencies for the purpose of doing official business for the business aspects of the State.

" Governmental unit " means the state, any county, municipality, or any part thereof.

“ GPD " means gallons per day.

" Grade " means the inclination or slope of a conduit, ground or plane surface.

" Greywater " means the untreated wastewater that has not come into contact with toilet waste. Greywater includes wastewater from bathtubs, showers, bathroom wash basins, clothes washing machines, laundry tubs and other wastewater which does not present a threat from contamination by unhealthy processing, manufacturing or operating wastes. It does not include wastewater from kitchen sinks or dishwashers.

" Grease trap " means a watertight tank for the collection and retention of grease which is accessible for periodic removal.

" Groundwater " means any water naturally found under the surface of the earth.

" High potential for phosphorus mobility " means an area where:

" Holding tank " means a watertight receptacle used to store wastewater prior to being removed by a licensed waste hauler.

" Hydraulic conductivity " means a specific mathematical coefficient (quantitative) that relates the rate of water movement to the hydraulic gradient. A term of Darcy's law Q = KAi where K represents hydraulic conductivity and is the current standard for measuring a soils ability to transmit water.

" Hydrogeologic suitability report (HSR) " means a report that characterizes the hydrogeologic properties present on a given site through direct observations and computer modeling.

" Impervious strata and formation " means an underground or surface layer of soil or rock which will not allow water to pass through it at a rate permissible for subsurface disposal and having a percolation rate > 120 minutes per inch

suitability report (HSR) " means a report that characterizes the hydrogeologic properties present on a given site through direct observations and computer modeling.

" Infiltrometer " means a device for measuring the rate of entry of liquid into soil; single or double rings that may be read by falling or constant head methods.

" Innovative/Alternative treatment and disposal system " means a wastewater treatment and/or disposal system not specified in these regulations which has been proven to provide at least an equivalent level of treatment as the conventional systems as defined in these regulations. Also referred to as alternative technologies.

" Interceptor drain " means a gravel trench excavated and installed to collect and remove groundwater. The trench is typically placed across a contour of a slight to moderate sloping area to intercept groundwater at a higher elevation than an on-site wastewater treatment and disposal system.

" Invert " means the floor, bottom or lowest portion of the internal cross section of a closed conduit or structure.

" Isolation distance " means the horizontal distance between a system component and selected site features or structures.

" Land application " means the placement of liquid waste or treated liquid waste within two (2) feet below the surface of land used to support vegetative growth.

" Land treatment " means a technology for the intimate mixing or dispersion of wastes into the upper zone of the plant-soil system with the objective of microbial stabilization, immobilization, selective dispersion, or crop recovery leading to an environmentally acceptable assimilation of the waste

reated liquid waste within two (2) feet below the surface of land used to support vegetative growth.

" Large system " means any on site wastewater treatment and disposal system with a projected wastewater design flow rate greater than or equal to 2,500 gallons per day.

" Lease " means an agreement by which an owner of property (lessor) transfers the possession, control, use, or enjoyment of the property to another (lessee) for a specified term.

" Lessee " means a person who holds the right to possession, control, use, or enjoyment of property by means of an agreement (lease) with the property owner.

" Lift package " means a pre-engineered package which includes pump, filter, floats and alarm that is specifically designed to be installed in the liquid (effluent) side of a standard septic tank.

" Lift station " means a pre-engineered tank/receptacle package which includes pump, filter, floats and alarm or pre-engineered "lift package" inserted into the liquid (effluent) side of a standard septic tank. The lift station is designed to overcome slope differentials for pumping effluent to another system component for gravity distribution.

" Limited public access " means public access is limited to specific periods of time and spraying activities occur when the public is excluded from accessing the site.

" Limiting zone " means any horizon or condition in the soil profile or underlying strata which includes:

" Liquid waste " means any waste which is not a solid waste as defined for the purposes of these Regulations.

" Lot " means a portion of a subdivision or parcel of land

ess is limited to specific periods of time and spraying activities occur when the public is excluded from accessing the site.

" Limiting zone " means any horizon or condition in the soil profile or underlying strata which includes:

" Liquid waste " means any waste which is not a solid waste as defined for the purposes of these Regulations.

" Lot " means a portion of a subdivision or parcel of land.

" Low pressure pipe capping fill " means a pressurized on-site wastewater treatment and disposal system which is installed as trenches and maintains a minimum 18 inches of separation distance above the limiting zone. Trenches are installed between 9-17 inches into natural soil below a soil cap of a specified depth and texture.

" Low pressure pipe full depth " means a pressurized on-site wastewater treatment and disposal system which is installed as trenches and maintains a minimum 18 inches of separation distance above the limiting zone. Trenches are installed 18 inches into natural soil.

" Lysimeter " means an instrument (pore-liquid sampler) for sampling the water percolating through soils that will be used to determine the nutrients and their levels dissolved in the water percolate.

" Malfunctioning system " means a system which is not adequately renovating or hydraulically eliminating the wastewater it is receiving as evidenced by, but not limited to, the following conditions:

" Manifold " means a pipe with numerous branches to convey effluent between a large pipe and several smaller pipes, or to permit choice of diverting flow from one of several sources or to one of several discharge points.

" Manufactured home " means a home built entirely in the factory under a federal building code administered by the Department of Housing and Urban Development (HUD). Manufactured homes may be single or multi-sectioned and are transported to the site and installed

pipe and several smaller pipes, or to permit choice of diverting flow from one of several sources or to one of several discharge points.

" Mineral soil " means a soil that is saturated with water less than 30 days (cumulative) per year in normal years and contains less than 20% (by weight) organic carbon; or is saturated for greater than 30 days or more cumulative in normal years, and has an organic carbon content (by weight) of less than 18% if the mineral fraction contains 60% or more clay; or less than 12% if the mineral fraction contains no clay.

" Monitor well " means a non-potable well used primarily for collecting groundwater samples.

" Mottling " means a soil irregularly marked with spots of different colors that vary in number and size which may indicate seasonal or perennial saturation in some part or all of the soil matrix and geogenic in nature.

" New system " means a proposed system which has not started the initial steps of the permitting process (e.g. site evaluation for small and letter of intent for large). Note: An expansion of an existing (in place) system, including any modification of treatment or disposal methodologies, is not considered a new system.

" Non-Hazardous liquid waste " means any industrial waste or sewage or other wastes or any combination thereof which may potentially alter the chemical, physical or biological integrity of water from its natural state. For the purpose of this regulation this includes septage, sewage, grease trap/cooking oil waste, municipal or industrial biosolids, biosolids from package treatment plants, etc.

" Observation well " means a non-pumping, non-potable well used for measuring groundwater levels or potentiometric surface

y potentially alter the chemical, physical or biological integrity of water from its natural state. For the purpose of this regulation this includes septage, sewage, grease trap/cooking oil waste, municipal or industrial biosolids, biosolids from package treatment plants, etc.

" Observation well " means a non-pumping, non-potable well used for measuring groundwater levels or potentiometric surface.

" Offset " means compensating for the loading of a pollutant of concern from a point or nonpoint source with a reduction in the loading from a different source or sources, in a manner consistent with meeting water quality standards.

" On-site regulations " means the Regulations Governing the Design, Installation and Operation of On-Site Wastewater Treatment and Disposal Systems.

" On-site system advisory board (Board) " means a panel of licensee's representing the on-site industry, asked to serve by the Secretary, on all matters pertaining to the issuance, suspension, discipline and revocation of all on-site licenses and licensees.

" On site wastewater treatment and disposal system " means conventional or innovative/alternative wastewater treatment and disposal systems installed or proposed to be installed on land of the owner or on other land to which the owner has the legal right to install the system.

" Owner " means the person who has a vested legal or equitable title to real or personal property, including an on site wastewater treatment and disposal system.

" Percolation rate " means the rate of water movement through a soil. Percolation rate is usually measured and assigned on the basis of elapsed time per unit volumetric water level drop. The most commonly used unit for expressing percolation rate is minutes per inch (mpi)

a vested legal or equitable title to real or personal property, including an on site wastewater treatment and disposal system.

" Performance standard nitrogen level 1 (PSN1) " means where total nitrogen levels achieve either:

" Performance standard nitrogen level 2 (PSN2) " means where total nitrogen levels achieve either:

" Performance standard nitrogen level 3 (PSN3) " means where total nitrogen levels achieve either:

" Performance standard phosphorus level 1 (PSP1) " means where total phosphorus levels achieve either:

" Performance standard phosphorus level 2 (PSP2) " means where total phosphorus levels achieve:

" Permeability " means the property of a soil horizon that enables the soil to transmit gases, liquid, or other substances.

" Permit " means the written document approved by the Department which authorizes the installation of a system or any part thereof, which may also require operation and maintenance of the system.

" Permittee " means any individual, partnership, corporation, association, institution, cooperative enterprise, agency, municipality, commission, political subdivision or duly established entity to which a permit is issued.

" Person(s) " means any individual, trust, firm, joint stock company, federal agency, partnership, corporation (including a government corporation), association, state, municipality, commission, political subdivision of a state, any interstate body and other legal and commercial entities.

" Piezometer " means an alternative word for an observation well.

" Platy structure " means soil aggregates that are developed predominantly along the horizontal axis, laminated and flaky; commonly used to indicate compaction on many coastal plain soils

ion), association, state, municipality, commission, political subdivision of a state, any interstate body and other legal and commercial entities.

" Piezometer " means an alternative word for an observation well.

" Platy structure " means soil aggregates that are developed predominantly along the horizontal axis, laminated and flaky; commonly used to indicate compaction on many coastal plain soils.

" Pollution or water pollution " means any alteration of the physical, chemical or biological properties of any waters of the state, including change in temperature, taste, color, turbidity, silt or odor of the waters, or such discharge of any liquid, gaseous, solid, radioactive or other substance into any waters of the state, which will or tends to, either by itself or in connection with any other substance, create a public nuisance or which will or tends to render such waters harmful, detrimental or injurious to public health, safety or welfare, or to domestic, commercial, industrial, agricultural, recreational or other legitimate beneficial uses or to livestock, wildlife, fish or other aquatic life or the habitat thereof.

" Potentiometric surface " means a surface that represents the level to which water will rise in tightly cased wells.

" Pressure-dosed capping fill " means a pressurized on-site wastewater treatment and disposal system which maintains a minimum 36 inches of separation distance above the limiting zone where the trench or bed is installed between 12 and 23 inches into the natural soil below a soil cap of a specified depth and texture.

" Pressure-dosed full depth " means a pressurized on-site wastewater treatment and disposal system which maintains a minimum 36 inches of separation distance above the limiting zone where the trench or bed is installed 24 inches into the natural soil.

" Pressurized distribution " means a network of piping with orifices designed to evenly distribute wastewater under pressure through the entire absorption facility

d full depth " means a pressurized on-site wastewater treatment and disposal system which maintains a minimum 36 inches of separation distance above the limiting zone where the trench or bed is installed 24 inches into the natural soil.

" Pressurized distribution " means a network of piping with orifices designed to evenly distribute wastewater under pressure through the entire absorption facility.

" Primary treatment " means a wastewater treatment process that takes place in a tank and allows those substances in wastewater that readily settle or float to be separated from the water being treated.

" Professional engineer " means a person registered by the Delaware Association of Professional Engineers to practice professional engineering in the State of Delaware.

" Professional geologist " means a person registered by the Delaware State Board of Professional Regulation to practice professional geology in the State of Delaware.

" Professional soil scientist " means a person registered by the ARCPACS (a federation of certifying boards in Agriculture, Biology, Earth and Environmental Sciences) to practice professional soil science in the State of Delaware.

" Project site " means the total area within the property lines of an individual lot or within the division lines of a parcel or subdivision.

" Public health hazard " means a condition whereby there are sufficient types and amounts of biological, chemical or physical, including radiological, agents relating to water or sewage which are likely to cause human illness, disorders or disability. These include, but are not limited to, pathogens, viruses, bacteria, parasites, toxic chemicals, and radioactive isotopes.

" Public Service Commission " means an agency created to regulate investor-owned public utilities. The Delaware Public Service Commission (PSC) works to ensure safe, reliable and reasonably priced cable, electric, natural gas, wastewater, water and telecommunications services for Delaware consumers

not limited to, pathogens, viruses, bacteria, parasites, toxic chemicals, and radioactive isotopes.

" Rapid infiltration basins " means earthen basins designed for a repetitive cycle of flooding, infiltration/percolation, and drying of treated wastewater.

" Redoximorphic features " means characteristic soil patterns formed by the reduction, translocation and oxidation of iron and manganese oxides. The occurrence of these features may be indicative of seasonal or perennial saturation in some part or the entire soil matrix.

" Reducing condition " means a geochemical condition where dissolved oxygen is depleted (< 1 mg/L).

" Regeneration water " means all water consumed in the regeneration steps: backwash, regeneration (brining), dilution (and brine displacement), and rinse. Raw water or treated water may be used for the rinse down.

" Regional wastewater treatment and disposal facility " means a large on-site wastewater treatment and disposal system which serves any entity within the designated service area(s) approved by the Public Service Commission.

" Repair " means any modification to an existing on-site wastewater treatment and disposal system necessary to fix a problem or malfunction.

" Replacement system " means a new on-site wastewater treatment and disposal system to replace the existing on-site wastewater treatment and disposal system.

" Responsible party " means the person, corporation, owner, utility or other entity that will assume full financial and operational control of the facility.

" Sand " means individual mineral particles in a soil that range in diameter from the upper limit of silt (0.05 millimeters to 2.0 millimeters)

tment and disposal system to replace the existing on-site wastewater treatment and disposal system.

" Responsible party " means the person, corporation, owner, utility or other entity that will assume full financial and operational control of the facility.

" Sand " means individual mineral particles in a soil that range in diameter from the upper limit of silt (0.05 millimeters to 2.0 millimeters).

" Sand-lined system " means a type of seepage trench or seepage bed absorption facility constructed in the sandy fill material below the natural soil surface and may require pressurization. The sandy fill material is used to replace a natural impermeable or slowly permeable soil layer or to completely remove an existing absorption facility.

" Sandy fill " means materials that consist of medium sand, sandy loam, loamy sand/sandy loam mixtures.

" Scarifying " means scraping or loosening the bottom and sidewall soil surfaces in the preparation of percolation test holes, seepage trenches, beds, or similar excavations.

" Scum " means a mass of sewage solids floating at the surface of effluent and buoyed up by entrained gas, grease or other substances.

" Seasonal high water table " means the highest zone of soil or rock that is seasonally or permanently saturated by a perched or shallow water table. A planar surface, below which all pores in rock or soil (whether primary or secondary) that is seasonally or permanently saturated.

" Secondary treatment " means a combination of unit processes that will consistently remove 85% or more of the organic and suspended material in domestic wastewater and produce an effluent of sufficient quality to satisfy the following requirements; monthly average effluent BOD5 and TSS concentrations of 30 mg/L; daily maximum effluent BOD5 and TSS concentrations of 45 mg/L.

" Secretary " means the Secretary of the Department of Natural Resources and Environmental Control or a duly authorized designee

the organic and suspended material in domestic wastewater and produce an effluent of sufficient quality to satisfy the following requirements; monthly average effluent BOD5 and TSS concentrations of 30 mg/L; daily maximum effluent BOD5 and TSS concentrations of 45 mg/L.

" Secretary " means the Secretary of the Department of Natural Resources and Environmental Control or a duly authorized designee.

" Seepage bed " means an absorption facility consisting of an area from which the entire earth contents have been removed and replaced with a network of perforated pipe, filter aggregate or aggregate-free chambers and covered with suitable backfill material.

" Seepage pit " means a covered pit with a porous lining into which wastewater is discharged and allowed to seep or leach into the surrounding soil and is preceded by a septic tank. Note: seepage pits cannot be certified for real estate transfers.

" Seepage trench " means an absorption facility consisting of ditches with vertical sides and flat bottoms partially filled with filter aggregate and containing perforated pipe or aggregate-free chambers and covered with suitable backfill material.

" Septage " means the liquid and solid contents of a septic tank.

" Septic tank " means a watertight receptacle which receives the discharge of wastewater from a structure or part thereof and is designed and constructed so as to permit settling of solids from the liquid, digestion of the organic matter by detention, and discharge of the liquid portion into an absorption facility.

" Sewage " means water-carried human or animal wastes from septic tanks, water closets, residences, buildings, industrial establishments, or other places, together with such groundwater infiltration, subsurface water, admixture of industrial wastes or other wastes as may be present.

" Sewage sludge " means sludges which derive in whole or in part from sewage.

" Single family dwelling " means a residence intended for single family residential use

stes from septic tanks, water closets, residences, buildings, industrial establishments, or other places, together with such groundwater infiltration, subsurface water, admixture of industrial wastes or other wastes as may be present.

" Sewage sludge " means sludges which derive in whole or in part from sewage.

" Single family dwelling " means a residence intended for single family residential use.

" Site evaluation " means the practice of investigating, evaluating and reporting basic soil and site conditions which apply to the on site wastewater treatment and disposal system type and design criteria.

" Slope " means the deviation of a plane surface from the horizontal. It is usually expressed as a ratio or percentage of number of units of vertical rise or fall per unit of horizontal distance.

" Sludge " means the accumulated semi-liquid suspension, settled solids, or dried residue of these solids that is deposited from (a) liquid waste in a municipal or industrial wastewater treatment plant, (b) surface or groundwaters treated in a water treatment plant, whether or not these solids have undergone treatment. Septage is included herein as sludge.

" Small system " means any on site wastewater treatment and disposal system with a projected wastewater design flow rate < 2,500 gallons per day.

" Soil feasibility study " means a site/soil investigative report identifying the suitability of a parcel of land for a large, community or individual on-site wastewater treatment and disposal systems. The report includes information pertinent to the Department and other local government agencies in the determination of certain land use decisions.

" Soil horizon " means a layer of soil or soil material approximately parallel to the land surface and differing from adjacent genetically related layers in physical, chemical, and biological properties or characteristics such as color, structure, texture, consistence and pH

ormation pertinent to the Department and other local government agencies in the determination of certain land use decisions.

" Soil investigation report (SIR) " means a report that characterizes the soils present on a given site through direct observations and analysis.

" Soil profile " means a vertical cross-section of a soil that shows the various soil horizons. Soil drainage or moisture status are both soil characteristics that can be inferred from the soil profile.

" Soil structure " means the combination or arrangement of primary soil particles into secondary compound particles or clusters, the principle forms of which are: platy (laminated); prismatic (prisms with rounded tops); blocky (angular or subangular); granular and columnar.

" Soil texture " means the grain sizes that comprise a soil consisting of three textural classes; sand, silt and clay. Field methods for judging the texture of a soil consist of forming a cast of soil, both dry and moist, in the hand and pressing a ball of moist soil between thumb and finger.

" Solid waste " means any garbage, refuse, rubbish, and other discarded materials resulting from industrial, commercial, mining, agricultural operations and from community activities which does not contain free liquids. Containers holding free liquids shall be considered solid waste when the container is designed to hold free liquids for use other than storage (e.g. radiators, batteries, transformers) or the waste is household waste which is not sewage or septage.

" Solum " means the upper part of the soil profile (A, E and B horizons) above the parent material in which the processes of soil formation are active

Containers holding free liquids shall be considered solid waste when the container is designed to hold free liquids for use other than storage (e.g. radiators, batteries, transformers) or the waste is household waste which is not sewage or septage.

" Solum " means the upper part of the soil profile (A, E and B horizons) above the parent material in which the processes of soil formation are active.

" Spare area " means an area set aside for construction of a second absorption facility with the equivalent design capacity of the operational absorption facility to be used in the event the operational absorption facility becomes inoperable.

" Spray irrigation " means the controlled application of treated wastewater to a vegetated soil surface.

" Storage " means the interim containment of liquid waste or treated liquid waste before disposal or utilization.

" Subdivision " means any tract or parcel of land which has been divided into two or more lots for which development is intended.

" Surface impoundment " means a natural topographic depression, and/or man-made excavation, and/or diked area formed primarily of earthen materials (although it may be lined with man-made materials) or remains unlined, and which is designed to hold an accumulation of liquid wastes or wastes containing free liquids. Examples of surface impoundments are holding, storage, settling, and elevation pits, ponds, and lagoons.

" Surface water assessment report (SWAR) " means a report that characterizes the potential nutrient impacts of a wastewater treatment system to a site from future development through background data and computer modeling.

" System " means an on site wastewater treatment and disposal system.

" System inspector " means a person licensed by the Department to inspect, investigate, collect data and make determinations regarding the present operational condition of an on-site wastewater treatment and disposal system

stewater treatment system to a site from future development through background data and computer modeling.

" System " means an on site wastewater treatment and disposal system.

" System operator " means an individual, who at a given time, through observation, interpretation or decision operates a wastewater facility or a segment of a system or facility.

" Tertiary treatment " means the removal of pollutants, including nitrogen and phosphorus, to meet discharge or reuse criteria with respect to specific parameters and followed by disinfection.

" Test pit " means an excavation used to examine a soil profile in order to assess soil permeability and depth to a seasonal high water table using soil texture, structure, and redoximorphic features as a basis for assessing site suitability.

" Topography " means ground surface variations or contours of the earth's surface, both natural and anthropogenic.

" Total nitrogen " means the sum of all the forms of nitrogen; ammonia, ammonium, nitrate, nitrite and organic nitrogen present in wastewater.

" Total phosphorus " means the sum of the water soluble and citrate-insoluble phosphorus present in wastewater.

" Total suspended solids (TSS) " means a measure of the suspended solids in wastewater, effluent, or water bodies, determined by tests for "total suspended non-filtered solids."

" Treatment " means a process which alters, modifies or changes the biological, physical or chemical characteristics of sludge or liquid waste

um of the water soluble and citrate-insoluble phosphorus present in wastewater.

" Total suspended solids (TSS) " means a measure of the suspended solids in wastewater, effluent, or water bodies, determined by tests for "total suspended non-filtered solids."

" Treatment " means a process which alters, modifies or changes the biological, physical or chemical characteristics of sludge or liquid waste.

" Treatment works " means any device and system used in the storage, treatment, recycling and reclamation of municipal sewage, or industrial wastes of a liquid nature, or necessary to recycle or reuse water at the most economical cost over the estimated life of the works, including intercepting sewers, outfall sewers, sewage collection systems, pumping, power and other equipment, and their appurtenances, extensions, improvements, remodeling, additions and alterations thereof; elements essential to provide a reliable recycled supply such as standby treatment units and clear well facilities and improvements to exclude or minimize inflow and infiltration.

" Unconfined aquifer " means an aquifer in which a relatively impermeable layer does not exist between the water table and the ground surface and in which the water surface is at atmospheric pressure.

" Undisturbed soil " means soil or soil profile unaltered by filling, removal, or other man made changes with the exception of agricultural activities.

" Unlimited public access " means public access to the site may occur at any time.

" Upgradient " means an area that has a higher potentiometric surface (hydraulic head) than a comparative reference point.

" Wastewater " means water carried waste from septic tanks, water closets, residences, buildings, industrial establishments, or other places, together with such groundwater infiltration, subsurface water and mixtures of industrial wastes or other wastes as may be present.

" Wastewater treatment plant " means a facility designed and constructed to receive, treat, or store waterborne or liquid wastes

Wastewater " means water carried waste from septic tanks, water closets, residences, buildings, industrial establishments, or other places, together with such groundwater infiltration, subsurface water and mixtures of industrial wastes or other wastes as may be present.

" Wastewater treatment plant " means a facility designed and constructed to receive, treat, or store waterborne or liquid wastes.

" Wastewater utility " means any person, partnership, association, corporation, joint stock company, agency or department of the State or any association of individuals engaged in the business of providing wastewater disposal and related services to the public for a fee, charge, or other remuneration in the State of Delaware.

" Watercourse " means any ocean, bay, lake, pond, stream, river or defined ditch that will permit drainage into any surface water body, excluding ephemeral watercourses as defined below.

" Watershed " means a region or area delineated by a topographical divide and draining ultimately to a particular watercourse.

" Water softener backwash " means the wastewater by-product generated by the water softening process (see regeneration water).

" Waters of the state " means public waters, including lakes, bays, sounds, ponds, impounding reservoirs, springs, wells, rivers, streams, creeks, estuaries, marshes, inlets, canals, the ocean within the territorial limits of the State, and all other bodies of surface or groundwater, natural or artificial, inland or coastal, fresh or salt, within the jurisdiction of the State of Delaware.

" Water table " means the surface of an unconfined aquifer where the pore water pressure is equal to atmospheric pressure.

er table " means the surface of an unconfined aquifer where the pore water pressure is equal to atmospheric pressure.

" Well " means any excavation which intersects the water table, and is installed for the purpose of obtaining geologic or hydrologic information and for locating, testing, measuring, extracting, and/or recharging water and other fluids, and where the depth is greater than the width. Such excavations may have been drilled, augered, cored, bored, driven, dug, jetted, or otherwise constructed. This definition does not include excavations for utility poles, construction pilings, building foundations, fence posts, test pits, or horizontal heat pump systems that are constructed above the water table.

" Wisconsin at-grade " means a pressurized on-site wastewater treatment and disposal system which maintains a minimum 24 inches of separation distance above the limiting zone placed on the natural soil below a soil cap of a specified depth and texture.

" Zone of aeration " means a subsurface zone containing water under pressure less than that of the atmosphere, including water held by capillary and containing air or gases generally under atmospheric pressure. This zone is limited above by the land surface and below by the surface of the zone of saturation, e.g., the water table.

3.0 General Standards, Prohibitions And Provisions

3.1 Each and every owner of real property is jointly and severally responsible for:

3.1.1 Disposing of wastewater in conformance with all applicable regulations; and

3.1.2 Connecting all plumbing fixtures on that property, from which wastewater is or may be discharged, to a central wastewater system or on site wastewater treatment and disposal system approved by the Department; and

3.1.3 Maintaining, repairing, and/or replacing the system as necessary to assure proper operation of the system

ing of wastewater in conformance with all applicable regulations; and

3.1.3 Maintaining, repairing, and/or replacing the system as necessary to assure proper operation of the system.

3.2 No permit may be issued by the Department under these Regulations unless the county or municipality having land use jurisdiction has first approved the activity through zoning procedures provided by law.

3.3 Any governmental unit may assume responsibility and authority for administering its own regulatory program for on site wastewater treatment and disposal systems pursuant to 7 Del.C. §6003(d) if the delegated program establishes standards no less stringent than the standards established in these Regulations.

3.4 Administrative and judicial review and the enforcement under these Regulations shall be in accordance with the provisions of 7 Del.C. Ch. 60 .

3.5 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 thereby and shall be deemed valid and effective.

3.6 These Regulations, being necessary for the health and welfare of the State and its inhabitants, shall be liberally construed in order to preserve the land, surface water and groundwater resources of the State.

3.7 At the sole discretion of the Department, if the proposed operation of a system may cause pollution of public waters or create a public health hazard, system installation or use shall not be authorized.

3.7.1 In no case shall an active OWTDS be installed over or dispose of wastewater on top of an existing OWTDS without sand-lining or properly abandoning the old system.

3.8 All wastewater shall be treated and disposed of in a manner approved by the Department

ation of a system may cause pollution of public waters or create a public health hazard, system installation or use shall not be authorized.

3.7.1 In no case shall an active OWTDS be installed over or dispose of wastewater on top of an existing OWTDS without sand-lining or properly abandoning the old system.

3.8 All wastewater shall be treated and disposed of in a manner approved by the Department.

3.9 No person shall dispose of wastewater at any location other than those authorized by the Department under applicable laws and regulations for such disposal.

3.10 Discharge of untreated or partially treated wastewater or septic tank effluent directly or indirectly onto the ground surface or into groundwater and/or surface waters of the State, unless authorized by a permit issued by the Department, constitutes a public health hazard and is prohibited.

3.11 Except where specifically allowed within these Regulations, no person shall connect a dwelling or commercial facility to a system if the total projected wastewater flow would be greater than that allowed under the original system construction permit. In no case shall more than one reduction (low flow, advanced treatment, or gravel-less chambers) be used in determining minimal absorption facility sizing requirements.

3.12 Except as provided in these Regulations, the spare area shall be kept vacant, free of site improvements, livestock, vehicular traffic (including construction trafficking) and soil modifications.

3.13 All systems shall be operated and maintained so as not to create a public health hazard or cause water pollution.

3.14 No person shall cause or allow construction or repair of a system, or any part thereof, without a permit issued by the Department. An exception may be allowed for certain emergency repairs as set forth in these Regulations.

3.15 The Department shall impose, in any permit, standards for evaluating treatment system performance and compliance with these Regulations

zard or cause water pollution.

3.15 The Department shall impose, in any permit, standards for evaluating treatment system performance and compliance with these Regulations. The standards may be in the form of limitations on flow and pollutant concentrations and/or mass loadings. The standards shall reflect the utilization of best management and operational practices.

3.16 When performance standards have not been achieved on an annual average basis after the appropriate system start-up period, as defined in the regulations and/or applicable on-site system permit, those persons may qualify to participate in a nutrient offset program subject to review and approval by the Department on a site specific basis.

3.17 In no cases will underdrains or artificial drainage be considered for the siting of any on-site wastewater treatment and disposal system.

3.18 In the event that these regulations are revised by the Department, permits may be reopened and modified accordingly after notice and opportunity for a public hearing.

3.19 The permittee shall at all times properly maintain and operate all structures, systems, and equipment for treatment, control and monitoring, which are installed or used by the permittee to achieve compliance with the permit and these Regulations.

3.20 The permittee shall take all necessary actions to eliminate and correct any adverse impact on public health or the environment resulting from permit noncompliance.

3.21 All electrical connections and components utilized in an OWTDS, must, at a minimum, comply with National and Delaware Electric Code ( Admin. Code , Title 24, §1400).

3.22 FEMA guidelines must be adhered to when siting OWTDS' in flood prone areas designated as "V" zones prior to permitting

e and correct any adverse impact on public health or the environment resulting from permit noncompliance.

3.21 All electrical connections and components utilized in an OWTDS, must, at a minimum, comply with National and Delaware Electric Code ( Admin. Code , Title 24, §1400).

3.22 FEMA guidelines must be adhered to when siting OWTDS' in flood prone areas designated as "V" zones prior to permitting.

3.22.1 Certification by a registered professional engineer (Class C) that all new and replacement on-site wastewater treatment and disposal systems, including holding tanks, are located and designed to minimize or eliminate flood damage, infiltration of floodwaters into the tank and discharges from the system into floodwaters. New and replacement on-site wastewater treatment and disposal systems shall be located so as to minimize alterations to sand dunes which would increase potential flood damage.

3.23 Moratorium Areas

3.23.1 When the Department determines that construction of on-site wastewater treatment and disposal systems should be limited or prohibited in an area, it shall issue an order limiting or prohibiting such construction.

3.23.2 The order shall be issued only after a public hearing which shall insure that 20 days notice is given.

3.23.3 The order shall contain a specific description of the moratorium area and shall be limited to the area immediately threatened with groundwater or surface water contamination if construction in that area continues.

3.23.4 In issuing an order under this Section the Department shall consider the factors contained in 7 Del.C. §6001 .

3.23.5 The moratorium shall be limited to a period of five (5) years after which re-establishment of the moratorium may be considered.

3.24 Whenever the preparation of reports or other documents required by these regulations involves the practice of engineering, geology or other recognized profession under Delaware law, sufficient evidence of appropriate certification or registration in accordance with 24 Del.C

atorium shall be limited to a period of five (5) years after which re-establishment of the moratorium may be considered.

3.24.1 In accordance with 29 Del.C. §§501 et seq., retention of reports or other documents may be paper and/or electronic records.

3.25 All Occupational Safety and Health Act (OSHA) regulations must be complied with during all phases of system installation and inspection. OSHA regulations can be found at www.osha.gov or by contacting the U.S. Department of Labor.

3.26 Enforcement

3.26.1 The provisions of these regulations shall be enforced by the Department as provided in 7 Del.C. Ch. 60 . Such enforcement may include suspension or revocation of any license for cause.

3.26.2 The failure of the Department to enforce any of the provisions of these regulations shall not constitute a waiver by the Department of such provisions.

3.26.3 The Department will initially attempt to gain voluntary compliance in accordance with 7 Del.C. §6019 .

3.27 Exhibits A through NN are incorporated into these Regulations by reference.

3.28 The Department continues to encourage development of new systems, processes, and techniques for eliminating, reusing, or recovering resources from wastewater. These techniques include, but are not limited to greywater collection and use, nutrient recovery, and source reduction of wastewater. These innovative technologies are subject to review and approval by the Department.

3.29 Number of Plan Reviews

3.29.1 The Department will review no application more than three (3) times. If after the third review the plan is not approved, the application will be denied, and the reasons for plan denial will be sent to the applicants

n and use, nutrient recovery, and source reduction of wastewater. These innovative technologies are subject to review and approval by the Department.

3.29 Number of Plan Reviews

3.29.2 In order for a plan to be reconsidered, the Department may, at its discretion:

3.29.2.1 Require a new application package and review fee in order to continue to review the application. The second application will be reviewed no more than three (3) additional times.

3.30 All new and replacement systems permitted within 1,000 feet of the Chesapeake Bay tidal waters, as displayed by the map in Exhibit NN, shall meet the Performance Standards for Nitrogen and Phosphorus as defined in these Regulations. Small systems use PSN3 and large systems see Exhibit MM. This requirement shall become effective one (1) year from the date of promulgation of these Regulations.

3.31 General Standards, Prohibitions and Provisions for small systems (< 2,500 gpd) only

3.31.1 No person shall construct, install, modify, rehabilitate, or replace an on site wastewater treatment and disposal system or construct or place any dwelling, building, mobile home, manufactured home or other structure capable of discharging wastewater on site unless such person has a valid permit issued by the Department pursuant to these Regulations.

3.31.2 Each system shall have adequate capacity to properly treat and dispose of the maximum projected daily wastewater flow. The projected quantity of wastewater must be determined from Exhibit D. Other projected wastewater quantities may be approved by the Department.

3.31.3 A recorded utility easement is required whenever a system crosses a property line separating property under different ownership

2 Each system shall have adequate capacity to properly treat and dispose of the maximum projected daily wastewater flow. The projected quantity of wastewater must be determined from Exhibit D. Other projected wastewater quantities may be approved by the Department.

3.31.3 A recorded utility easement is required whenever a system crosses a property line separating property under different ownership. The easement must accommodate that part of the system, including setbacks, which lies beyond the property line, and must allow entry to install, maintain and repair the system.

3.31.4 No cooling water, air conditioning water, groundwater, oil, water softener backwash (regeneration water) or roof drainage shall be discharged into any system without specific authorization of the Department.

3.31.5 If a site has received an approved site evaluation and is free of encumbrances which could prevent the installation or operation of the system from being in conformance with these Regulations then a permit may be issued.

3.31.6 Whenever real property is recorded as two separate lots under common ownership and an on site wastewater treatment and disposal system crosses the common boundary of the recorded lots, the owner shall execute and record, in the appropriate county office of Recorder of Deeds, an affidavit which notifies prospective purchasers of this fact on a form approved by the Department.

3.31.7 No person shall transfer any portion of real property if the transfer would create a lot boundary which would cross an existing system or any part thereof including required setbacks and isolation distances unless a utility easement approved by the Department is granted to the owner of the existing system and recorded in the appropriate county office of Recorder of Deeds

by the Department.

3.31.8 No person shall transfer any portion of real property after the issuance of a permit pursuant to these Regulations if the transfer would result in the use of the permitted on site system on a lot which does not comply with these Regulations and the terms of the permit, including but not limited to density, set back and isolation distance requirements.

3.31.9 A central wastewater system shall be deemed physically available if its nearest connection point from the property line or boundary to be served is:

3.31.9.1 For all single family dwellings or establishments within 200 feet;

3.31.9.2 For a proposed subdivision or group of two (2) to five (5) single family dwellings not further than 200 feet multiplied by the number of dwellings or dwelling equivalents.

3.31.9.3 For proposed subdivision or other developments with more than five (5) single family dwellings, or equivalents, the determination of central wastewater availability shall be at the sole discretion of the Department.

However, a central wastewater system shall not be considered available by the Department if topographic or manmade features make connection impossible or a waiver is obtained from the municipality or governmental authority.

3.31.10 A central wastewater system shall be deemed legally available if the system is not under a Department connection permit moratorium and the wastewater system owner is willing or obligated to provide sewer service

not be considered available by the Department if topographic or manmade features make connection impossible or a waiver is obtained from the municipality or governmental authority.

3.31.11 When a central wastewater system is deemed both physically and legally available, as outlined in Sections 3.31.9 and 3.31.10, the connection must occur within a timeframe as set forth by the wastewater system owner. The existing system must be abandoned in accordance with Section 5.4.8.

3.31.12 All cesspools and seepage pits are prohibited and when found must be replaced within one (1) year in accordance with these regulations.

3.31.13 For all properties utilizing an OWTDS that are sold or otherwise transferred to other ownership, the persons must have the system pumped out and inspected by a Class F and Class H licensee, respectively, prior to completion of the sale. An extension will be given to sheriff sales, auctions, short sales and cash sales for a period not to exceed 90 calendar days from date of sale. All inspections of on-site wastewater treatment and disposal systems shall be submitted to the Department on forms approved by the Department (see Exhibit A). These forms shall be submitted within 72 hours of inspection completion

completion of the sale. An extension will be given to sheriff sales, auctions, short sales and cash sales for a period not to exceed 90 calendar days from date of sale. All inspections of on-site wastewater treatment and disposal systems shall be submitted to the Department on forms approved by the Department (see Exhibit A). These forms shall be submitted within 72 hours of inspection completion.

3.31.13.1 For transfers of new property, the certificate of completion will suffice if issued within the previous 24 months, or;

3.31.13.2 If an inspection has occurred within the previous 36 months and the property owner can provide proof of the pump out and inspection and the system is not a cesspool or seepage pit, then the inspections referred to in Section 3.31.13 will suffice, or;

3.31.13.3 If the owner of an individual OWTDS provides proof of a licensed operator or has a service contract with a certified service provider then the requirements referred to in Section 3.31.13 have been met.

3.31.14 Timers or other electrical on/off delay devices shall be installed on all pressurized systems to ensure dosing frequencies and volumes. Appliance timers are not acceptable.

3.31.15 Siting Density

3.31.15.1 The following maximum siting densities shall be maintained:

3.31.15.1.1 For residential dwellings, the maximum siting density shall be one (1) dwelling unit per one half (1/2) acre.

3.31.15.1.1.1 For single family residences, only the area within the property lines of the lot shall be considered.

3.31.15.1.1.2 For multiple family dwellings or where more than one (1) dwelling is to be served by an on site wastewater treatment and disposal system, the maximum siting density shall be based on the net pervious area (e.g., unpaved, without structures) available for groundwater recharge after total project completion

dences, only the area within the property lines of the lot shall be considered.

3.31.15.1.1.2.1 For projects utilizing only a septic tank for treatment prior to discharge to the absorption facility, the maximum siting density shall be one (1) dwelling unit per one half (1/2) acre of pervious area.

3.31.15.1.2 For commercial facilities the maximum siting density shall be established by dividing the projected design flow by 500 gallons per day per one half (1/2) acre and shall be based on the net pervious area (e.g., unpaved, without structures) available for groundwater recharge after total project completion. Campgrounds intended for overnight or transient use are evaluated as commercial facilities as opposed to manufactured home communities, which are evaluated as single family residential facilities.

3.31.15.1.3 In establishing maximum siting densities the Department may consider impervious areas where it can be demonstrated that through the establishment of an acceptable stormwater management plan, all runoff will be recharged to the groundwater of the State within the boundaries of the project site. Stormwater management plans shall be based upon the sediment and stormwater regulations.

the sediment and stormwater regulations.

3.31.15.2 If the deed or instrument, under which an owner acquired title to a lot or parcel, was of record prior to April 8, 1984 and if such lot or parcel does not conform to the requirements of Section 3.31.15.1.1, then the Department may approve a feasibility study and/or issue a construction permit for an on site wastewater treatment and disposal system. This system is to serve a single family dwelling or for multiple systems to serve dwellings to be situated within an area which has been given final site plan approval prior to April 8, 1984 for single or multi family dwellings provided that:

3.31.15.2.1 The number of dwelling units per net pervious area (e.g., unpaved, without structures) does not increase from those approved prior to April 8, 1984 by the local governmental unit having jurisdiction; and

3.31.15.2.2 At the time the permit is issued or feasibility study is approved, the lot or parcel complies with the requirements of Section 3.0 through Section 6.0 of these Regulations.

When it may be necessary to increase the net pervious area or reduce the number of dwelling units within a lot or parcel and thus create a new date of recordation or final site plan approval, the Department shall utilize the previous date of recordation or approval in determining conformance with these Regulations. The owner shall provide, prior to any action by the Department, all documentation determined by the Department to be necessary in establishing conformance with this Section.

3.31.16 All new and replacement small systems requiring advanced treatment units must adhere to the performance standard nitrogen level 3 (PSN3). These performance standards shall become effective one (1) year from date of regulation promulgation

ide, prior to any action by the Department, all documentation determined by the Department to be necessary in establishing conformance with this Section.

3.32 General Standards, Prohibitions and Provisions for large systems (≤ 2,500 gpd) only

3.32.1 Whenever the preparation of reports or other documents required by these regulations involves the practice of engineering, geology or other recognized licensed profession under Delaware law, sufficient evidence of appropriate certification or registration in accordance with 24 Del.C. shall be dated and bear the signature and seal of the licensee(s) who prepared or approved them.

3.32.2 For large systems which serve communities that experience a significant variation in flow on an annual basis, the permittee shall provide the Department with 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, restart and the minimum levels of treatment which must be provided at all times. In no event shall it be less than the level of treatment provided by a conventional on-site wastewater treatment and disposal system.

3.32.3 Unless otherwise required by a permit the permittee and operator, if applicable, must coordinate with the Department for all annual large system inspections and applicable fees.

3.32.4 The basic performance criteria for a large system is the system does not present a public health problem

han the level of treatment provided by a conventional on-site wastewater treatment and disposal system.

3.32.3 Unless otherwise required by a permit the permittee and operator, if applicable, must coordinate with the Department for all annual large system inspections and applicable fees.

3.32.4 The basic performance criteria for a large system is the system does not present a public health problem.

3.32.5 The permittee shall furnish to the Department within a specified period of time, any information including copies of records, which may be requested by the Department to determine whether cause exists for modifying, revoking, reissuing, or terminating the permit, or to determine compliance with the permit and these Regulations.

3.32.6 The permittee shall allow the Department entry and access, consistent with 7 Del.C. Ch. 60 , to:

3.32.6.1 Enter the permitted facility.

3.32.6.2 Inspect any records that must be kept under the conditions of the permit.

3.32.6.3 Inspect any facility, equipment, practice, or operation permitted or required by the permit.

3.32.6.4 Sample or monitor for the purpose of assuring permit compliance of any substance or any parameter at the facility.

3.32.6.5 The permittee shall report to the Department under the circumstances and in the manner specified in this Section:

3.32.6.5.1 In writing 30 days before any planned physical alteration or addition to the permitted facility or activity if that alteration or addition would result in any significant change in information that was submitted during the permit application process.

3.32.6.5.2 In writing 30 days before any anticipated change which would result in noncompliance with any permit condition or these regulations.

3.32.6.5.3 Orally within 24 hours from the time the permittee became aware of any noncompliance which may endanger the public health or the environment at telephone numbers provided in the permit by the Department

ted during the permit application process.

3.32.6.5.2 In writing 30 days before any anticipated change which would result in noncompliance with any permit condition or these regulations.

3.32.6.5.4 In writing as soon as possible but within five (5) days of the date the permittee knows or should know of any noncompliance unless extended by the Department. This report shall contain:

3.32.6.5.4.1 A description of the noncompliance and its cause;

3.32.6.5.4.2 The period of noncompliance including to the extent possible, times and dates and, if the noncompliance has not been corrected, the anticipated time it is expected to continue; and

3.32.6.5.4.3 Steps taken or planned to reduce or eliminate reoccurrence of the noncompliance.

3.32.6.5.5 In writing as soon as possible after the permittee becomes aware of relevant facts not submitted or incorrect information submitted, in a permit application or any report to the Department. Those facts or the correct information shall be included as a part of this report.

3.33 Property owner's responsibilities shall:

3.33.1 Ensure septic tank risers, distribution box risers and dosing chamber/lift station risers, if applicable, remain above grade after final grading of property;

3.33.2 Maintain the on-site wastewater treatment and disposal system or any component thereof in accordance with these regulations and in compliance with all applicable OWTDS permit conditions; and

3.33.3 Hire an appropriately licensed Class E system contractor to repair/replace any components of the OWTDS.

4.0 Licenses

4.1 The Department shall administer a program for the licensing of percolation testers, system designers, soil scientists/site evaluators, system contractors, liquid waste haulers, system inspectors and construction inspectors

with all applicable OWTDS permit conditions; and

3.33.3 Hire an appropriately licensed Class E system contractor to repair/replace any components of the OWTDS.

4.0 Licenses

4.1.1 Class A - Percolation Tester: The Class A license authorizes the performance of percolation tests and other types of infiltrometer testing.

4.1.2 Class B - Designer: The Class B license authorizes the design of conventional on site wastewater treatment and disposal systems which utilize gravity distribution systems for seepage beds and seepage trenches and lift stations as provided for in these Regulations.

4.1.3 Class C - Designer: The Class C license authorizes the design of conventional and innovative/alternative on site wastewater treatment and disposal systems and all pressure distribution systems.

4.1.4 Class D - Soil Scientist/Site Evaluator: The Class D license authorizes the performance of individual soil evaluations, soil investigation reports, soil feasibility studies, percolation and/or permeability tests or hydraulic conductivity tests.

4.1.5 Class E - System Contractor: The Class E license authorizes the construction, repair and installation of on-site wastewater treatment and disposal systems.

4.1.6 Class F - Liquid Waste Hauler: The Class F license authorizes the removal, transportation or disposal of the solid and liquid contents of septic tanks, cesspools, grease traps, seepage pits, holding tanks, portable toilets or other wastewater treatment or disposal facilities as specified and required under these Regulations

d installation of on-site wastewater treatment and disposal systems.

4.1.7 Class H - System Inspector: The Class H license authorizes the inspection, investigation and data collection to make determinations regarding the present operational condition of on-site wastewater treatment and disposal systems.

4.1.8 Class I - Construction Inspector: The Class I license authorizes the inspection of all new, replacement and repairs of small gravity on-site wastewater treatment and disposal systems, gravity on-site system component replacements and cover inspections for above grade gravity on-site wastewater treatment and disposal systems.

4.2 It shall be necessary to have the Class A, Class B, Class C, Class D, Class E, Class F, Class H and/or Class I licenses in order to engage in the specified activities under Section 4.1 of these Regulations.

4.3 Any person seeking a license under this Section shall submit a complete application to the Department, on a standard form provided by the Department, references and pay the non-refundable application fee.

4.4 On-Site System Advisory Board (Board) approval to take an exam is valid for six (6) months from the date of the approval. If the applicant has not taken the exam within that time frame, they must re-apply with a new application, references and fee.

4.5 All applicants for a Class A, B, C, D, E, F, H or I license will be required to pass an examination prepared and administered by the Department to test the competency and knowledge of the applicant regarding pertinent subject matter and the application and use of these Regulations

cant has not taken the exam within that time frame, they must re-apply with a new application, references and fee.

4.6 In the event an applicant fails to receive a passing grade on the examination, he/she shall be so notified by the Board within 30 days. The applicant may re-apply for a subsequent examination only after completion of a training course approved by the Board. The examination may be taken no more than twice in a 12 month time period.

4.7 With respect to Class C licenses the following shall constitute the Department's requirements:

4.7.1 Registration as a Professional Engineer with the Delaware Association of Professional Engineers; and

4.7.2 A complete qualifications statement on approved Department forms which verifies the individual's knowledge and competency in the field of on site wastewater treatment and disposal system engineering and design; and

4.7.3 Pass an examination prepared and administered by the Department.

4.8 With respect to Class D licenses the following shall constitute the Department's requirements for each tiered classification.

4.8.1 Class D.1 is licensed to perform individual site evaluations for both new construction and replacement systems

ld of on site wastewater treatment and disposal system engineering and design; and

4.7.3 Pass an examination prepared and administered by the Department.

4.8 With respect to Class D licenses the following shall constitute the Department's requirements for each tiered classification.

4.8.1 Class D.1 is licensed to perform individual site evaluations for both new construction and replacement systems. To qualify for a Class D.1 an individual must have:

4.8.1.1 A completed qualifications statement on approved Department forms which verifies the individual's knowledge and competency in the fields of soil science/classification and site evaluations for on-site wastewater treatment and disposal systems; and one of the following (4.8.1.2, 4.8.1.3 or 4.8.1.4)

4.8.1.2 Six (6) years of professional experience in soil classification, mapping and interpretation under the supervision of a ARCPACS Certified Professional Soil Scientist or Class D Soil Scientist and nine (9) semester hours in soil science and six (6) semester hours in geological sciences from accredited college or university; or

4.8.1.3 Four (4) years of professional experience in soil classification, mapping and interpretation under the supervision of a ARCPACS Certified Professional Soil Scientist or Class D Soil Scientist and an undergraduate degree from an accredited college or university with nine (9) semester hours in soil science and six (6) semester hours in geological sciences; or

4.8.1.4 Two (2) years of professional experience in soil classification, mapping and interpretation under the supervision of a ARCPACS Certified Professional Soil Scientist or Class D Soil Scientist and a graduate degree from an accredited college or university with 30 semester hours in biological, physical and earth sciences and 15 semester hours in soil science; and

4.8.1.5 Pass a written examination administered by the Department to test the competency and knowledge of the applicant regarding site evaluations and pertinent information contained within the regulations as it r

Soil Scientist and a graduate degree from an accredited college or university with 30 semester hours in biological, physical and earth sciences and 15 semester hours in soil science; and

4.8.1.6 Registration as a Professional Soil Scientist with the Federation of Certifying Boards in Agriculture, Biology, Earth and Environmental Sciences (ARCPACS) with demonstrated competence with coastal plain soils; or

4.8.1.7 Pass a field practicum prepared and administered by the Site Interpretations Advisory Council and/or the soil scientists on the Board. The field practicum shall assess whether competency exists for evaluating soils specific to Delaware.

4.8.2 Class D.2 is licensed to perform individual site evaluations for new and replacement systems, soil feasibility studies, and soils reconnaissance investigations. To qualify for a Class D.2 an individual must have:

4.8.2.1 Four (4) years of full-time experience as a Class D.1 or two (2) years of experience as a Class D.1 and certification as a Certified Professional Soil Scientist as outlined in Section 4.8.1.6.

4.8.2.2 A completed qualifications statement on approved Department forms which verifies the individual's experience as a Class D.1 and/or professional certification.

4.8.3 Class D.3 is licensed to perform all soils work licensed under Sections 4.8.1 and 4.8.2 plus detailed soil investigation reports (SIR) associated with LOWTDS. To qualify for a Class D.3 an individual must have:

4.8.3.1 Two (2) years of full-time experience as a Class D.2 and certification as a Certified Professional Soil Scientist.

4.8.3.2 A completed qualifications statement on approved Department forms which verifies the individual's experience as a Class D.2 and/or professional certification

ed soil investigation reports (SIR) associated with LOWTDS. To qualify for a Class D.3 an individual must have:

4.8.3.1 Two (2) years of full-time experience as a Class D.2 and certification as a Certified Professional Soil Scientist.

4.8.3.2 A completed qualifications statement on approved Department forms which verifies the individual's experience as a Class D.2 and/or professional certification.

4.8.4 To progress from one tier to the next tier the Class D licensee must:

4.8.4.1 Have served the required amount of time within the previous tier as specified in 4.8.2.1 or 4.8.3.1.

4.8.4.2 Have obtained the required certifications as specified in 4.8.2.1 or 4.8.3.1.

4.8.4.3 Complete a qualifications statement on approved Department forms which verifies the individuals experience at the current tier and request for consideration for approval to go to the next tier.

4.9 With respect to Class E licenses the following shall constitute the Department's requirements for each tiered classification:

4.9.1 E.1 is licensed to install all conventional on-site wastewater treatment and disposal systems outlined in these Regulations. To qualify for a Class E.1 an individual must have:

4.9.1.1 A completed qualifications statement, on approved Department forms, which verifies the individual's knowledge and competency of the application and requirements of these Regulations.

4.9.1.2 A minimum of two (2) years of experience under the guidance of an experienced supervisor in the construction of on-site wastewater treatment and disposal systems or Class E system contractor. For purposes of these regulations, two (2) years of experience shall be interpreted as full-time employment for a period consisting of two (2) years with proof in writing, from a currently licensed Class E system contractor or experienced supervisor.

4.9.1.3 Proof of attendance at training class/certification in basic electricity; and

4.9.1.4 Passed a written examination administered by the Department to test the knowledge and competency of these regulations

shall be interpreted as full-time employment for a period consisting of two (2) years with proof in writing, from a currently licensed Class E system contractor or experienced supervisor.

4.9.1.3 Proof of attendance at training class/certification in basic electricity; and

4.9.1.4 Passed a written examination administered by the Department to test the knowledge and competency of these regulations. Upon passing the written examination the applicant may be awarded a Class E.1 license.

4.9.1.5 The first six (6) installations must be supervised by the Department.

4.9.2 Class E.2 is licensed to install any conventional OWTDS plus Innovative/Alternative systems. To qualify for a Class E.2 an individual must:

4.9.2.1 Have one (1) year of full time experience installing conventional OWTDS (as a Class E.1).

4.9.2.2 Completion of a qualifications statement on approved Department forms.

4.9.2.3 All installations of Innovative/Alternative systems must be under the supervision of the respective manufacturer representative until such time that a written certification has been obtained from the manufacturer representative and submitted to the Department.

4.9.3 Class E.3 is licensed to install any system subject to permitting under these Regulations including conventional OWTDS, Innovative/Alternative OWTDS, and large systems, excluding RIBs and spray irrigation. To qualify for a Class E.3 an individual must:

4.9.3.1 Meet all licensing requirements of the E.1 and E.2.

4.9.3.2 Have three (3) years of full time experience as a Class E.2 in the on-site industry installing on-site wastewater treatment and disposal systems and meeting manufacturer's certification for proper installation of the system type.

4.9.3.3 Completion of a qualifications statement on approved Department forms.

4.9.4 Class E.4 is licensed to install RIBs and spray irrigation systems only. To qualify for the Class E.4 an individual must:

4.9.4.1 Have three (3) years of experience installing these types of systems

treatment and disposal systems and meeting manufacturer's certification for proper installation of the system type.

4.9.3.3 Completion of a qualifications statement on approved Department forms.

4.9.4 Class E.4 is licensed to install RIBs and spray irrigation systems only. To qualify for the Class E.4 an individual must:

4.9.4.1 Have three (3) years of experience installing these types of systems.

4.9.4.2 Completion of a qualifications statement on approved Department forms.

4.9.4.3 Present an overview of project construction review procedures including the roles of the design engineer, owner and any third party construction review organizations. The Department will utilize this overview as the written examination.

4.9.5 To progress from one tier to the next tier, except the E.4, the Class E licensee must:

4.9.5.1 Have served the required amount of time within the previous tier as specified in 4.9.2.1 or 4.9.3.2.

4.9.5.2 Complete a qualifications statement on approved Department forms which verifies the individuals experience at the current tier and request for consideration for approval to go to the next tier.

4.10 With respect to Class H licenses the following shall constitute the Department's requirements:

4.10.1 A completed qualifications statement, on approved Department forms, which verifies the individual's knowledge and competency.

4.10.2 Furnish certification of training completed under the National Association of Waste Transporters (NAWT) certification, Pennsylvania Septage Management Association (PSMA) certification, Delaware Technical & Community College certification program, or as approved by the Board.

4.10.3 Pass a written examination administered by the Department to test the knowledge and competency of the Regulations.

4.10.4 The first three (3) inspections must be supervised by the Department

n of Waste Transporters (NAWT) certification, Pennsylvania Septage Management Association (PSMA) certification, Delaware Technical & Community College certification program, or as approved by the Board.

4.10.3 Pass a written examination administered by the Department to test the knowledge and competency of the Regulations.

4.10.4 The first three (3) inspections must be supervised by the Department.

4.11 With respect to Class I licenses the following shall constitute the Department's requirements:

4.11.1 A completed qualifications statement, on approved Department forms, which verifies the individual's knowledge and competency of the requirements of these Regulations.

4.11.2 Possess, with a minimum of three (3) years of experience, either a Class B or C license.

4.11.3 Furnish certification of required training completed under the Delaware Technical & Community College training program or as approved by the Board.

4.11.4 Not inspect any system which the licensee has installed as a Class E system contractor or any Class E system contractor working within the same company as the Class I construction inspector.

4.11.5 The I license will become effective two (2) calendar years from date of promulgation of these regulations.

4.12 Responsibilities of Licensees

4.12.1 All Class B & C licensee's must visit the site to verify site conditions as reported in the site evaluation prior to permit application completion and submittal.

4.12.2 All Class C licensed designers will perform all inspections, to include final cover inspections, on every system they design throughout the systems construction. All construction inspections of on-site wastewater treatment and disposal systems shall be submitted to the Department on forms approved by the Department. These forms shall be submitted to the Department within 72 hours of inspection completion

ss C licensed designers will perform all inspections, to include final cover inspections, on every system they design throughout the systems construction. All construction inspections of on-site wastewater treatment and disposal systems shall be submitted to the Department on forms approved by the Department. These forms shall be submitted to the Department within 72 hours of inspection completion.

4.12.3 All Class D licensed soil scientists/site evaluators:

4.12.3.1 The Department may require the Class D soil scientist/site evaluator to notify the Department orally or in writing at least 36 hours, excluding Saturdays, Sundays and state holidays, prior to conducting the site evaluation.

4.12.3.2 All soil borings must extend to a depth of 72 inches or to the limiting zone if it occurs between 60 inches and 72 inches.

4.12.4 All Class A, B, C, D, E, F, H and I licensees are responsible for correct and complete information submitted to the Department as it pertains to current Regulations.

4.12.5 All Class E licensed system contractors shall:

4.12.5.1 Initiate work only on systems for which a construction permit has been granted.

4.12.5.2 Comply with all applicable regulations and requirements.

4.12.5.3 Be responsible for the work carried out by their employees and on site during all system inspections.

4.12.5.4 Submit to the Department within 10 days of completion of a system, a Construction Report on forms provided by the Department, signed by the licensed Class E system contractor.

4.12.5.5 Notify the Department 24 hours prior to construction start up to receive an authorization number. This authorization number will expire after 14 calendar days. Upon issuance of Class E license, system contractors must notify the Department 48 hours prior to initial six (6) construction start ups to receive an authorization number.

4.12.5.6 Be the sole contact person to the Department regarding inspection call-ins, consequential changes or problems

n start up to receive an authorization number. This authorization number will expire after 14 calendar days. Upon issuance of Class E license, system contractors must notify the Department 48 hours prior to initial six (6) construction start ups to receive an authorization number.

4.12.5.6 Be the sole contact person to the Department regarding inspection call-ins, consequential changes or problems. An individual employed by the licensee may be the contact person for inspection call-ins provided that person has been designated as a contact person in writing to the Department by the licensee.

4.12.6 Class F licensed liquid waste haulers

4.12.6.1 General Requirements

4.12.6.1.1 All Class F licensees shall:

4.12.6.1.1.1 Operate under a valid State of Delaware Non-Hazardous Liquid Waste Transporters Permit (see Section 5.3.32).

4.12.6.1.1.2 Be knowledgeable of the Non-Hazardous Liquid Transporters Permittee's Plan for the Prevention, Control and Clean-up of Accidental Discharges. A copy of the Plan is to be maintained on file with the Department.

4.12.6.1.1.3 Operate under a $5,000 performance bond, or other form of security, is maintained on file with the Department for the duration of licensing.

4.12.6.1.1.4 Keep a copy of their Class F license identification card available for verification while performing any Class F license related work.

4.12.6.1.1.5 Enter into a "Sewage Holding Tank Maintenance Contract" with the property owner prior to pumping out holding tanks. A copy of the contract document must be submitted to the Department within 15 days of signing the contract.

ract" with the property owner prior to pumping out holding tanks. A copy of the contract document must be submitted to the Department within 15 days of signing the contract.

4.12.6.1.1.6 Enter into a "Grease Trap Maintenance Contract" with the property owner prior to pumping out grease traps. A copy of the contract document must be submitted to the Department within 15 days of signing the contract. Class F licensees may not enter into a "Grease Trap Maintenance Contract" unless the Class F licensee has an approved facility to dispose of grease trap waste identified in the Non-Hazardous Liquid Waste Transporters Permit that he/she is operating under.

4.12.6.1.1.7 Not co-mingle septage and grease trap waste, unless specifically approved, in writing, by the facility(ies) that will be receiving the grease trap waste.

4.12.6.2 Safety

4.12.6.2.1 At all times, the technician's personal safety, as well as protection of the environment and the customer's property, shall receive the highest priority.

4.12.6.2.2 Generally, septic tanks should not be entered because they are a hazardous environment. If entry is required, appropriate confined space entry procedures consistent with OSHA requirements should be employed.

4.12.6.3 Accessing Tanks

4.12.6.3.1 Class F licensees are prohibited from pumping out a septic tank, cesspool, seepage pit, holding tank, or grease trap through inspection ports, clean outs, wyes, or other orifices not specifically designed for tank pump-outs.

4.12.6.3.2 Septic tanks shall only be pumped from/through the appropriate manhole/access port of each tank or tank compartment.

4.12.6.3.3 If the customer insists upon the tank being cleaned through any opening other than the access manhole, the Class F licensee must obtain a waiver and the customer must sign the waiver acknowledging the fact that he/she has been informed of the proper procedure and the reasons associated with the procedure

from/through the appropriate manhole/access port of each tank or tank compartment.

4.12.6.3.4 No liquids or solids are to be discharged into/through the outlet pipe.

4.12.6.4 Septic Tank Cleaning

4.12.6.4.1 The liquid, solid, and semi-solid material in a septic tank shall be removed by a vacuum or centrifugal pump fitted with a hose that delivers the material to a truck-mounted, sealed tank.

4.12.6.4.2 Cleaning procedures shall include agitating all solids, but only after lowering the liquid level to 12 inches below the outlet. This is necessary to ensure no solids are allowed to escape the treatment tank. Agitation methods vary, and may include alternate pumping and back flushing, forcing air into the tank, or mechanical stirring.

4.12.6.4.3 When back flushing or injecting air, care shall be taken not to fill/refill the tank to a level greater than 12 inches below the elevation of the outlet pipe.

4.12.6.4.4 When pumping out a septic tank, cesspool, dosing chamber, or seepage pit, the entire contents of all compartments of the tank(s) shall be removed, including all solids, scum, and liquids.

4.12.6.4.5 Class F licensees shall inspect the dosing chamber of any engineered on-site system being pumped out. If solids are evident in the dosing chamber, the Class F licensee shall pump the dosing chamber.

4.12.6.5 Standard Services

4.12.6.5.1 Every septic tank pump-out shall include a visual inspection of the interior of the tank

k(s) shall be removed, including all solids, scum, and liquids.

4.12.6.5 Standard Services

4.12.6.5.1 Every septic tank pump-out shall include a visual inspection of the interior of the tank. The inspection shall include a determination regarding the presence of baffles and their condition, as well as the physical condition of the treatment tank.

4.12.6.5.2 Observations of any unusual conditions such as high or low liquid level, run-back from the absorption facility, defective or broken components, lush vegetation and/or sewage overflows shall be reported to the customer.

4.12.6.5.3 During system maintenance it is advisable to observe sewage flows from the building into the tank. Corrective action for any observed obstructions should be recommended.

4.12.6.5.4 Any unsatisfactory conditions shall be noted on the sales slip or receipt.

4.12.6.5.5 Operating OWTDS' should be pumped out at least once every three (3) years. This recommended maintenance frequency should be communicated to the customer at the time of service.

4.12.6.5.6 Any existing observation ports should be capped off.

4.12.6.5.7 Class F licensees may only repair, add or replace septic tank and/or holding tank risers, baffles, lids, distribution box lids and effluent filters.

4.12.6.6 Additives

The use of additives in OWTDS' is prohibited.

4.12.6.7 Reports

The Class F licensee shall submit quarterly reports documenting the location, the 911 mailing address, and amount of septage removed in total gallons. This requirement becomes effective one (1) year after promulgation of these Regulations

holding tank risers, baffles, lids, distribution box lids and effluent filters.

4.12.6.6 Additives

The use of additives in OWTDS' is prohibited.

4.12.6.7 Reports

4.12.6.8 Transportation of source separated materials as defined in Section 3.0 of the Regulations Governing Solid Waste, for reuse or recycling, does not require a Non-Hazardous Liquid Waste Haulers Permit, only if the material remains separated throughout the transport routes and are not recombined.

4.12.7 Class H licensed system inspectors

4.12.7.1 All inspections of on-site wastewater treatment and disposal systems shall be submitted to the Department on forms approved by the Department (see Exhibit A). These forms shall be submitted within 72 hours of inspection completion.

4.12.7.2 The Department may require any Class H system inspector to notify the Department orally or in writing at least 48 hours, excluding Saturdays, Sundays and state holidays, prior to conducting a system inspection.

4.12.7.3 All Class H licensed system inspectors shall:

4.12.7.3.1 Comply with all applicable regulations and requirements.

4.12.7.3.2 Be responsible for the work carried out by their employees and on-site during all inspections.

4.12.7.3.3 Ensure all wastewater and septage is removed from the appropriate tanks by a Class F liquid waste hauler in accordance with the regulations.

4.12.7.3.4 Repair, add or replace septic tank and/or holding tank risers, baffles, lids, distribution box lids and effluent filters.

4.12.7.3.5 Notify the Department, when newly licensed, at least 48 hours prior to the initial three (3) system inspections performed.

4.12.7.3.6 Submit additional information and/or paperwork as required by the Department to satisfy these Regulations

the regulations.

4.12.7.3.4 Repair, add or replace septic tank and/or holding tank risers, baffles, lids, distribution box lids and effluent filters.

4.12.7.3.5 Notify the Department, when newly licensed, at least 48 hours prior to the initial three (3) system inspections performed.

4.12.7.3.6 Submit additional information and/or paperwork as required by the Department to satisfy these Regulations.

4.12.8 Class I licensed construction inspectors

4.12.8.1 All construction inspections of on-site wastewater treatment and disposal systems shall be submitted to the Department on forms approved by the Department. These forms shall be submitted to the Department within 72 hours of inspection completion.

4.12.8.2 All Class I licensed construction inspectors shall:

4.12.8.2.1 Comply with all applicable regulations, requirements and guidelines.

4.12.8.2.2 Be responsible for the work carried out by their employees and be on-site during all inspections.

4.12.8.2.3 Notify the Department orally or in writing at least 24 hours, excluding Saturdays, Sundays and state holidays, prior to conducting a construction inspection.

4.12.8.2.4 Notify the Department at least 36 hours prior to the initial six (6) system inspections for newly licensed construction inspectors.

4.12.8.3 The Department may require any Class I system inspector to notify the Department orally or in writing at least 36 hours, excluding Saturdays, Sundays and state holidays, prior to conducting a system inspection.

4.12.9 Any person who engages in the practice of professional engineering or professional geology in the specified activities under this Section shall be duly registered in conformance with the requirements of the laws of the State of Delaware.

ies under this Section shall be duly registered in conformance with the requirements of the laws of the State of Delaware.

4.13 The Department may issue temporary Class A, B, or E licenses to property owners who wish to conduct their own percolation testing, gravity system design, or system installation on their own property and for their own use. Certification of the intended use will be required. The applicant shall submit an application on Department forms along with any required fee and shall demonstrate their competency in those fields by successfully completing a test conducted by the Department. The term of the temporary Class A, B, or E license shall expire upon permit expiration. There will not be a temporary Class E license granted for innovative/alternative system installations.

4.14 In exercising exclusive licensing authority under this Section, the Department shall seek the views of the On-Site Systems Advisory Board (Board) regarding licensing matters. The Board shall consist of 10 members designated at the discretion of the Secretary. The Board shall, if possible, be comprised as follows: one (1) member who is a Class B designer, one (1) member who is a Class C designer (Professional Engineer), one (1) member who is a Professional Geologist, one (1) member who is a representative of the USDA, one (1) member who is a Class D soil scientist, one (1) member who is a Class E system contractor, one (1) member who is a Class F liquid waste hauler, one (1) member who is a Class H system inspector, one (1) member who is a Class I construction inspector and one (1) member representing of the Department. Effective with the promulgation of this amended Regulation, the current Board members, with their designated term expiration dates, shall be posted on the DNREC web site

E system contractor, one (1) member who is a Class F liquid waste hauler, one (1) member who is a Class H system inspector, one (1) member who is a Class I construction inspector and one (1) member representing of the Department. Effective with the promulgation of this amended Regulation, the current Board members, with their designated term expiration dates, shall be posted on the DNREC web site. No later than 60 days prior to the term expiration date of any Board member (except for the representative of the Department), notice of such term expiration shall be published in a daily newspaper of general circulation throughout the State and on the DNREC web site. Any person desiring to serve on the Board shall submit a written request to the Secretary. The Secretary shall review all submissions and select the best qualified candidate(s), publishing each selection on the DNREC web site. If no one expresses an interest in the potential vacant position the Secretary may, at his/her discretion, re-designate the incumbent to serve another three (3) year term, or make a direct appointment to the Board. The Board shall advise the Department on matters relating to issuance of Class A, Class B, Class C, Class D, Class E, Class F, Class H and Class I licenses.

4.14.1 The applicant for a license renewal shall submit with the renewal application proof that he/she has attended and/or satisfactorily completed a minimum of 10 hours of continuing education training relating to the wastewater industry. This is to include siting, design, construction, operation and/or maintenance of on-site wastewater treatment and disposal systems. Class D soil scientists not ARCPAC or professionally certified must attend at least three (3) hours of soil related curriculum. Any training must be sponsored by recognized governmental, educational or industrial groups which include equipment manufacturers, and be approved by the Board

siting, design, construction, operation and/or maintenance of on-site wastewater treatment and disposal systems. Class D soil scientists not ARCPAC or professionally certified must attend at least three (3) hours of soil related curriculum. Any training must be sponsored by recognized governmental, educational or industrial groups which include equipment manufacturers, and be approved by the Board. The number of hours of continuing education for first year licensees will be decided by the Board and be based upon license issuance date.

4.14.2 The Secretary may deny, suspend or revoke the license of a Class A, B, C, D, E, F, H or I licensee after considering the recommendations of the Board and demonstration that the licensee has practiced fraud or deception; that reasonable care, judgment, or the application or their knowledge or ability was not used in performance of their duties; or that the licensee is incompetent or unable to perform their duties properly, and;

4.14.2.1 Violated any provision of these Regulations;

4.14.2.2 Violated any lawful order or rule rendered or adopted by the Department;

4.14.2.3 Obtained his/her license or any order, ruling, or authorization by means of fraud, misrepresentation, or concealment of material facts;

4.14.2.4 Failure to obtain the necessary hours of continuing education training required by these Regulations;

4.14.2.5 Been found guilty of misconduct in the pursuit of his/her profession.

4.15 Any person whose application for a license has been denied or person whose license has been suspended or revoked shall be notified in writing and provided reasons for the decision. Within 20 days of notification, the person shall notify the Secretary, in writing, if an appeal pursuant to 7 Del.C. §6008 is to be requested. If no appeal request is received within the designated period the decision shall become final.

4.16 Licenses issued pursuant to this Section are not transferable and shall expire on December 31st of each year

n writing and provided reasons for the decision. Within 20 days of notification, the person shall notify the Secretary, in writing, if an appeal pursuant to 7 Del.C. §6008 is to be requested. If no appeal request is received within the designated period the decision shall become final.

4.16 Licenses issued pursuant to this Section are not transferable and shall expire on December 31st of each year. A license may be renewed for one (1) year without examination for an ensuing year provided the licensee submits a completed license renewal form (provided by the Department) by November 30th of each year, shows proof of the number of hours of continuing education training and pays any applicable renewal fees adopted by the Department. If the licensee fails to renew the license for more than one (1) year the licensee must reapply for the license and take all necessary examinations. A reminder will be sent to the licensee to renew his/her license by the Department. This reminder will be sent to the address on file for the licensee. It is the licensee's responsibility to renew the license yearly and notify the Department of any changes.

4.17 In the event that any person holding a valid license issued by the Department under §7101-4.0 of these Regulations, 7 Del.C. §7101 , has said license suspended or revoked by the Secretary pursuant to §7101-4.12.2, or, if any license holder should die or be unable to perform the required service prior to the completion of any activity contemplated by these Regulations, the owner of the affected property will procure another licensed person to complete said activity pursuant to §7101-3.1 of these Regulations, 7 Del.C. §7101 . The Department will not assume responsibility/liability for the completion of said activity in place of the original licensee. However, the Department will ensure regulatory compliance until said activity is completed

d by these Regulations, the owner of the affected property will procure another licensed person to complete said activity pursuant to §7101-3.1 of these Regulations, 7 Del.C. §7101 . The Department will not assume responsibility/liability for the completion of said activity in place of the original licensee. However, the Department will ensure regulatory compliance until said activity is completed.

5.0 Small Systems (< 2,500 GPD)

5.1 This section prescribes the necessary soils investigations, permitting and installation requirements, operation and maintenance procedures and waiver applications for all on-site wastewater treatment and disposal systems with daily flow rates of < 2,500 gallons, including but not limited to all conventional, innovative/alternative, holding tanks and community on-site wastewater treatment and disposal systems (OWTDS).

5.2 Soil Investigations

5.2.1 Site Evaluation Procedures

5.2.1.1 A site evaluation is the first step in the process of obtaining a construction permit for an on site wastewater treatment and disposal system. Any person applying for a permit to install a new or replacement on site wastewater treatment and disposal system shall first obtain a site evaluation report prepared by a Class D soil scientist. The Department shall only conduct site evaluations for Home Rehabilitation Loan Programs (HRLP), block grant households, State Revolving Fund (SRF) sites and other qualifying income programs with similar criteria.

5.2.1.2 Each report shall be applicable to one residential or commercial structure. At a minimum, each report must include; approval page(s) (excluding sites not suitable for conventional on-site wastewater treatment and disposal systems (OWTDS)), report page(s), site drawing, soil profile notes, zoning verification form and the appropriate fee. The site evaluation report shall identify specific site conditions or limitations including, but not limited to, isolation and separation distances, slopes, existing wells, cuts and fills, and unstable landforms

ot suitable for conventional on-site wastewater treatment and disposal systems (OWTDS)), report page(s), site drawing, soil profile notes, zoning verification form and the appropriate fee. The site evaluation report shall identify specific site conditions or limitations including, but not limited to, isolation and separation distances, slopes, existing wells, cuts and fills, and unstable landforms.

5.2.1.3 The Class D soil scientist shall specify on the approval page the type(s) of on-site wastewater treatment and disposal system(s), suitable under these regulations that may be constructed in the acceptable on-site disposal area(s) as indicated on the site drawing. Any other on-site wastewater treatment and disposal options available in the evaluated area shall be specified by the Class D soil scientist. The scientist shall either assign a percolation rate (see Exhibit Y) or have the appropriate hydraulic conductivity or percolation test(s) conducted in the materials interpreted to be the most hydraulically limiting within the upper 60 inches in the proposed disposal area. The estimated percolation rate should take into consideration, but not be solely governed by, the slowly permeable material. Horizons in contact with or immediately within the required vertical separation distance may have more relevance than layers much deeper in the profile.

5.2.1.3.1 Percolation rates, actual or estimated, > 120 minutes per inch (mpi) are very slowly permeable and constitute a limiting layer. Such sites shall not be suitable for new construction, except when;

5.2.1.3.1.1 Very slowly permeable horizon(s) can be removed (see sand-lining); or

5.2.1.3.1.2 The required separation distance above the very slowly permeable horizon(s) can be met and maintained (unsaturated permeable soils over very slowly permeable soils); or

5.2.1.3.1.3 Interpretations are to be made in conjunction with DNREC Environmental Scientist(s) to ensure all limiting conditions are addressed prior to making final site suitability determination

(see sand-lining); or

5.2.1.3.1.2 The required separation distance above the very slowly permeable horizon(s) can be met and maintained (unsaturated permeable soils over very slowly permeable soils); or

5.2.1.3.1.3 Interpretations are to be made in conjunction with DNREC Environmental Scientist(s) to ensure all limiting conditions are addressed prior to making final site suitability determination.

5.2.1.3.1.4 For design purposes;

5.2.1.3.1.4.1 For systems with a separation distance of ≤ 24 inches the assigned percolation rate must be determined based on the most limiting layer above or below (after removal or sand-lining) the very slowly permeable soils or 75 mpi, whichever is greatest. Where the separation distance is > 24 inches, the minimum percolation rate assigned will be 60 mpi. The Class D soil scientist/site evaluator has the discretion to estimate a slower percolation rate than stated based on site specific constraints and professional experience.

5.2.1.4 A site drawing drawn to scale showing the information referenced in Section 5.2.1.9. All site drawings are required to show a reference point (e.g. a numbered utility pole, telephone or electrical box, building(s), property corners or fixed survey marker). A minimum of two such reference points shall be noted on the site drawing. Site drawing(s) shall be based on a whole number scale not to exceed one (1) inch equals 100 feet. Acceptable scales are: 1 inch = 10, 20, 30, 40, 50, 60, 80 or 100 feet. Any site drawing exceeding the dimensions of 8.5 inches X 11 inches must be submitted in duplicate.

5.2.1.5 Site drawings will show the location of all on-site and adjacent wells within 150 feet of the approved soils area. The following procedure shall be used in all cases when on-site or adjacent well(s) cannot be located. For instances where the on-site or adjacent well(s) are below ground and the homeowner or adjacent property owner states that the well is located in a certain area, this information shall suffice for verification of well location

site and adjacent wells within 150 feet of the approved soils area. The following procedure shall be used in all cases when on-site or adjacent well(s) cannot be located. For instances where the on-site or adjacent well(s) are below ground and the homeowner or adjacent property owner states that the well is located in a certain area, this information shall suffice for verification of well location. Any well(s) that cannot be verified must be researched through the Water Supply Section of the Department. The search attempts to locate any well(s) that are near the affected parcel. If, after this search is completed, the well location(s) cannot be identified the Class D soil scientist can state "records were researched under this property owner's name and no information was found". The Department then sends a letter to the adjacent well owners notifying them of the need to locate their well(s) due to the future installation of an on-site wastewater treatment and disposal system. If no response is rendered within 15 days of receipt then the new system is to be designed to maximize the isolation distance from the property line.

5.2.1.6 A site evaluation prescription shall follow an approach that includes consideration of topography, available area, slope gradient and uniformity, soil profile (thickness and depth of each horizon, color, percolation, absorption rate, redoximorphic features, texture (see Exhibit B), and zones of saturation), drinking water supplies, bodies of water, and shellfish growing areas. All suitable soils within the evaluated area shall be delineated regardless of isolation distances, physical encumbrances and easement requirements as well as any of the above conditions which may exist.

5.2.1.7 All soil borings, holes and/or pits shall be flagged, identified and adequately shown on the site drawing.

5.2.1.8 In describing the soils and soil profile, the Class D soil scientist shall adhere to the procedures and techniques provided in the Soil Survey Manual, USDA Agricultural Handbook No

l encumbrances and easement requirements as well as any of the above conditions which may exist.

5.2.1.7 All soil borings, holes and/or pits shall be flagged, identified and adequately shown on the site drawing.

5.2.1.8 In describing the soils and soil profile, the Class D soil scientist shall adhere to the procedures and techniques provided in the Soil Survey Manual, USDA Agricultural Handbook No. 18 Keys to Soil Taxonomy and Field Book for Describing and Sampling Soils, as published by the U.S. Department of Agriculture.

5.2.1.9 The report shall contain, at a minimum, observations of the following site characteristics, if present:

5.2.1.9.1 Parcel size, location map of project site, 12 digit Hydrologic Unit Code (HUC) watershed name, configuration and approximate dimensions.

5.2.1.9.2 Slope - approximate percent and direction.

5.2.1.9.3 Surface streams, springs or other bodies of water and their definition (e.g. shellfish, intermittent, ephemeral, etc.).

5.2.1.9.4 Existing wells within 150 feet of approved soils area, measured from two (2) reference points or established survey control.

5.2.1.9.5 Escarpments.

5.2.1.9.6 Cuts and fills.

5.2.1.9.7 Unstable landforms.

5.2.1.9.8 A representative number of soil profile descriptions (minimum of three (3) soil borings or two (2) test pits per acre) and one soil profile description per design area in the evaluated area(s). These shall identify the soil series or taxonomic subgroup (e.g. Sassafras or Typic Hapludult). The geographic coordinates of each representative soil boring and/or test pit, a minimum of two (2), must be determined by a global positioning system.

5.2.1.9.9 Zones of saturation (as indicated by redoximorphic features).

5.2.1.9.10 Approved soils area(s) with extents delineated.

5.2.1.9.11 Encumbrances.

5.2.1.9.12 Central wastewater or water systems availability.

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

5.2.1.9.14 Any overhead utilities

5.2.1.9.9 Zones of saturation (as indicated by redoximorphic features).

5.2.1.9.10 Approved soils area(s) with extents delineated.

5.2.1.9.11 Encumbrances.

5.2.1.9.12 Central wastewater or water systems availability.

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

5.2.1.9.14 Any overhead utilities.

5.2.1.9.15 Existing buildings.

5.2.1.9.16 Existing on-site and adjacent wastewater treatment and disposal systems.

5.2.1.9.17 Flood prone areas designated as "V" zones by FEMA.

5.2.1.9.18 Tax ditches with associated easements and right of ways.

5.2.1.9.19 When prescribing a Wisconsin At-Grade system include the following information:

5.2.1.9.19.1 The percolation rate of the most limiting horizon within the upper 36 inches.

5.2.1.9.19.2 The incremental loading rate (ILR) (see Exhibit V) of each horizon within the upper 20 inches.

5.2.1.9.19.3 Provide this information in the "Design Considerations and Comments Section" of the approval page.

5.2.1.10 The application/construction permit may be submitted with the site evaluation, in an emergency situation, when there is a public health risk associated with a malfunctioning system. The permit shall not be approved until the site evaluation is reviewed and complies with these Regulations. Site evaluations needed to replace the malfunctioning system shall be given a priority review.

5.2.1.11 Once received, the report shall be reviewed for compliance with current Regulations by a DNREC Environmental Scientist with a soil science background. If the report is in non compliance, the Class D soil scientist shall be notified. The Class D soil scientist shall contact the Department and follow up with written correspondence to rectify the discrepancy. The Department shall not modify any site evaluation report unless requested by the Class D soil scientist. The corrections shall be submitted to the Department from the Class D soil scientist and a corrected copy to the owner/agent

Class D soil scientist shall be notified. The Class D soil scientist shall contact the Department and follow up with written correspondence to rectify the discrepancy. The Department shall not modify any site evaluation report unless requested by the Class D soil scientist. The corrections shall be submitted to the Department from the Class D soil scientist and a corrected copy to the owner/agent. The review process, which may include a field check, shall take place within 10 working days of receipt.

NOTE: If approval cannot be issued within 10 working days, the property owner or authorized agent shall be notified of the delay and a tentative date of approval or denial shall be given. However, if no property owner or authorized agent contact number provided the Department will contact the Class D soil scientist. Once approved, the report shall be mailed to the property owner or his/her authorized agent. A percentage of randomly chosen site evaluations submitted shall be field verified by DNREC staff. Site evaluations' requiring test pits should be scheduled with the Department 72 hours prior to conducting the site evaluation.

5.2.1.12 Approval of a site evaluation indicates only that the site evaluation was conducted in compliance with these Regulations. It is not an indication of the correctness or quality of the site evaluation or an indication that a permit can be issued.

5.2.1.13 The approved site evaluation report shall indicate the type of the initial and type of replacement system for which the site is approved.

5.2.1.14 Technical regulation changes shall not invalidate an unexpired approved site evaluation but may require the use of a different type of system.

expired approved site evaluation but may require the use of a different type of system.

5.2.1.15 The approved site evaluation shall be valid for five (5) years from the date of the Department's approval unless a subdivision base plan restricting well and on-site wastewater treatment and disposal system locations has been approved by the Department and recorded in the local Recorder of Deeds Office. After the five (5) year period, a current site evaluation as outlined in Section 5.2.1 shall be submitted to the Department for approval. This site evaluation will be reviewed as outlined in Sections 5.2.1.10 and 5.2.1.11 and must include at least one (1) new soil boring and profile description as well as any previous descriptions referred to in the approval page and report.

5.2.1.16 Supplemental soil information submitted after the original site evaluation has been approved and, prior to expiring, shall include a revised approval page, report page, soil profile notes, and revised site drawing locating supplemental borings/test pits. In all cases, the new report shall be approved provided all criteria for approval are met. If the purpose of supplemental work is to change the type of system previously prescribed, another review fee shall be required. Likewise, any borings/test pits conducted greater than 100 feet from the previously approved area, with or without a system change, or lot reconfiguration shall require a review fee. On larger parcels, the area evaluated shall be delineated on the site drawing.

5.2.1.17 The Department shall issue a notice of its intention to deny a site evaluation when appropriate.

5.2.1.18 A property owner or agent has the option to use observation wells and/or piezometers to demonstrate that redoximorphic features are not an indication of a present day limiting zone. Section 5.2.3 provides procedures for the use of observation wells/piezometers to determine the depth and duration of zones of saturation

e a notice of its intention to deny a site evaluation when appropriate.

5.2.1.18 A property owner or agent has the option to use observation wells and/or piezometers to demonstrate that redoximorp

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