7 DE Admin. Code 7201. Regulations Governing the Control of Water Pollution

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Delaware Administrative Code › Title 7 Natural Resources and Environmental Control › 7000 Division of Water › 7200 Surface Water Discharges Section › 7 DE Admin. Code 7201

This text was captured on Aug 14, 2026. It is a snapshot, not a live feed, so check the official code before relying on it.

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Cold water fish species or other cold water aquatic animals in ponds, raceways, or other similar structures which discharge at least 30 days per year, but does not include:

Facilities which produce less than 9,090 harvest weight kilograms (approximately 20,000 pounds) of aquatic animals per year; and

Facilities which feed less than 2,272 kilograms (approximately 5,000 pounds) of food during the calendar month of maximum feeding.

Warm water fish species or other warm water aquatic animals in ponds, raceways or other similar structures which discharge at least 30 days per year, but does not include:

Closed ponds which discharge only during periods of excess runoff; or

Facilities which produce less than 45,454 harvest weight kilograms (approximately 100,000 pounds) of aquatic animals per year.

Surface runoff that is collected or channeled by man;

Discharges through pipes, sewers, or other conveyances which do not lead to a treatment works; and

Discharges through pipes, sewers, or other conveyances, leading into a treatment works other than a publicly owned treatment works (POTW).

Which prior to August 13, 1979, had not discharged pollutants;

Which had never received a final effective NPDES permit for discharges at that site;

From which there is or may be a new or additional discharge of pollutants;

Which is an indirect discharger that commences a discharge to State waters; and

Which does not fall within the definition of "new source".

After promulgation of standards of performance under §306 of the Act which are applicable to such source; or

After proposal of standards of performance under §306 of the Act which are applicable to such source, but only if the standards are promulgated within 120 days of their proposal

harger that commences a discharge to State waters; and

Which does not fall within the definition of "new source".

After promulgation of standards of performance under §306 of the Act which are applicable to such source; or

After proposal of standards of performance under §306 of the Act which are applicable to such source, but only if the standards are promulgated within 120 days of their proposal.

Harmful or detrimental or injurious to the public health, safety, or welfare, or to the health of animals, fish, or aquatic life;

Unsuitable, with reasonable treatment, for use as present or possible future sources of public water supply; or

Unsuitable for recreational, commercial, industrial, agricultural, or other reasonable uses;

For the purposes of these regulations, the following are "water pollution":

An alteration of the physical, chemical, or biological properties of State waters or a discharge of sewage, industrial wastes, other wastes or materials to State waters by any person which by itself is not sufficient to cause water pollution but which in combination with such alteration or discharge to State waters by other persons is sufficient to cause water pollution,

The discharge of untreated sewage by any person into State waters, and

The discharge of any pollutant, contaminant or substance that causes or contributes to the contravention of water quality standards duly established by the Secretary.

Waters which are subject to the ebb and flow of the tide including, but not limited to, estuaries, bays and the Atlantic Ocean;

All interstate waters, including interstate wetlands;

All other waters of the State, such as lakes, rivers, streams (including intermittent and ephemeral streams), drainage ditches, tax ditches, creeks, mudflats, sandflats, wetlands, sloughs, or natural or impounded ponds;

All impoundments of waters otherwise defined as waters of the State under this definition;

Wetlands adjacent to waters (other than waters that are themselves wetlands) identified above

other waters of the State, such as lakes, rivers, streams (including intermittent and ephemeral streams), drainage ditches, tax ditches, creeks, mudflats, sandflats, wetlands, sloughs, or natural or impounded ponds;

All impoundments of waters otherwise defined as waters of the State under this definition;

Wetlands adjacent to waters (other than waters that are themselves wetlands) identified above.

Waters which are subject to the ebb and flow of the tide including, but not limited to, estuaries, bays and

the Atlantic Ocean;

All interstate waters, including interstate wetlands;

All impoundments of waters otherwise defined as waters of the State under this definition; and

Wetlands adjacent to waters (other than waters that are themselves wetlands) identified in (a) through (d).

Waste and storm water treatment systems including, but not limited to, treatment ponds or lagoons designed to meet the requirements of the Clean Water Act (other than cooling ponds which otherwise meet the requirements of subparagraphs (1) through (5) of this definition) are not “waters of the State.”

SIC Code or Activity Code | ACTIVITY REPRESENTED

Sector A: Timber Products

2421 | General Sawmills and Planning Mills

2491 | Wood Preserving

2411 | Log Storage and Handling

2426 | Hardwood Dimension and Flooring Mills

2429 | Special Product Sawmills, Not Elsewhere Classified

2431-2439 (except 2434) | Millwork, Veneer, Plywood and Structural Wood

2448, 2449 | Wood Containers

2451, 2452 | Wood Buildings and Mobile Homes

2493 | Reconstituted Wood Products

2499 | Wood Products, Not Elsewhere Classified

Sector B: Paper and Allied Products

2611 | Pulp Mills

2621 | Paper Mills

2631 | Paperboard Mills

2652-2657 | Paperboard Containers and Boxes

2671-2679 | Converted Paper and Paperboard Products, Except Containers and Boxes

Sector C: Ch

ural Wood

2448, 2449 | Wood Containers

2451, 2452 | Wood Buildings and Mobile Homes

2493 | Reconstituted Wood Products

2499 | Wood Products, Not Elsewhere Classified

Sector B: Paper and Allied Products

2611 | Pulp Mills

2621 | Paper Mills

2631 | Paperboard Mills

2652-2657 | Paperboard Containers and Boxes

2671-2679 | Converted Paper and Paperboard Products, Except Containers and Boxes

Sector C: Chemical and Allied Products

2812-2819 | Industrial Inorganic Chemicals

2821-2824 | Plastics Materials and Synthetic Resins, Synthetic Rubber, Cellulosic and Other Manmade Fibers Except Glass

2833-2836 | Medicinal Chemicals and Botanical Products, Pharmaceutical Preparations, Invitro and Invivo Diagnostic Substances and Biological Products Except Diagnostic Substances

2841-2844 | Soaps, Detergents and Cleaning Preparations, Perfumes, Cosmetics and Other Toilet Preparations

2851 | Paints, Varnishes, Lacquers, Enamels and Allied Products

2861-2869 | Industrial Organic Chemicals

2873-2879 | Agricultural Chemicals (including facilities that make fertilizer solely from leather scraps and leather dust)

2891-2899 | Miscellaneous Chemical Products

3952 (limited to list) | Inks and Paints, Including China Painting Enamels, India Ink, Drawing Ink, Platinum Paints for Burnt Wood or Leather Work, Paints for China Painting, Artist’s Paints and Artist’s Watercolors

Sector D: Asphalt Paving and Roofing Materials and Lubricants

2951, 2952 | Asphalt Paving and Roofing Materials

2992, 2999 | Miscellaneous Products of Petroleum and Coal

Sector E: Glass Clay, Cement, Concrete and Gypsum Products

3211 | Flat Glass

3221, 3229 | Glass and Glassware, Pressed or Blown

3231 | Glass Products Made of Purchased Glass

3281 | Cut Stone and Stone Products

3291-3292 | Abrasive and Asbestos Products

3296 | Mineral Wool

3299 | Nonmetallic Mineral Products, Not Elsewhere Classified

3241 | Hydraulic Cement

3251-3259 | Structural Clay Products

3261-3269 | Pottery and Related Products

3297 | Non-Clay Refractories

3271-3275 | Concrete, Gypsum and Plaster Product

ssed or Blown

3231 | Glass Products Made of Purchased Glass

3281 | Cut Stone and Stone Products

3291-3292 | Abrasive and Asbestos Products

3296 | Mineral Wool

3299 | Nonmetallic Mineral Products, Not Elsewhere Classified

3241 | Hydraulic Cement

3251-3259 | Structural Clay Products

3261-3269 | Pottery and Related Products

3297 | Non-Clay Refractories

3271-3275 | Concrete, Gypsum and Plaster Products

3295 | Minerals and Earth’s, Ground or Otherwise Treated

Sector F: Primary Metals

3312-3317 | Steel Works, Blast Furnaces and Rolling and Finishing Mills

3321-3325 | Iron and Steel Foundries

3331-3339 | Primary Smelting and Refining of Nonferrous Metals

3341 | Secondary Smelting and Refining of Nonferrous Metals

3351-3357 | Rolling, Drawing, and Extruding of Nonferrous Metals

3363-3369 | Nonferrous Foundries (Casting)

3398, 3399 | Miscellaneous Primary Metal Products

Sector G: Metal Mining (Ore Mining and Dressing)

1011 | Iron Ores

1021 | Copper Ores

1031 | Lead and Zinc Ores

1041, 1044 | Gold and Silver Ores

1061 | Ferroalloy Ores, Except Vanadium

1081 | Metal Mining Services

1094, 1099 | Miscellaneous Metal Ores

Sector H: Coal Mines and Coal Mining Related Facilities

1221-1241 | Coal Mines and Coal Mining-Related Facilities

Sector I: Oil and Gas Extraction and Refining

1311 | Crude Petroleum and Natural Gas

1321 | Natural Gas Liquids

1381-1389 | Oil and Gas Field Services

2911 | Petroleum Refineries

Sector J: Mineral Mining and Dressing

1411 | Dimension Stone

1422-1429 | Crushed and Broken Stone, Including Rip Rap

1481 | Nonmetallic Minerals Services, Except Fuels

1442, 1446 | Sand and Gravel

1455, 1459 | Clay, Ceramic and Refractory Minerals

1474-1479 | Chemical and Fertilizer Mineral Mining

1499 | Miscellaneous Nonmetallic Minerals, Except Fuels

Sector K: Hazardous Waste Treatment, Storage, or Disposal Facilities

HZ | Hazardous Waste Treatment, Storage, or Disposal Facilities subject to the “ Delaware Regulations Governing Solid Waste” (DRGSW)

Sector L: Landfills and Land Application Sites

LF | Landfills, Land Appl

efractory Minerals

1474-1479 | Chemical and Fertilizer Mineral Mining

1499 | Miscellaneous Nonmetallic Minerals, Except Fuels

Sector K: Hazardous Waste Treatment, Storage, or Disposal Facilities

HZ | Hazardous Waste Treatment, Storage, or Disposal Facilities subject to the “ Delaware Regulations Governing Solid Waste” (DRGSW)

Sector L: Landfills and Land Application Sites

LF | Landfills, Land Application Sites and Open Dumps that receive or have received any industrial wastes (waste that is received from any of the facilities described under this Subsection) subject to the DRGSW.

Sector M: Automobile Salvage Yards*

5015 | Automobile Salvage Yards

Sector N: Scrap Recycling Facilities*

5093 | Scrap Recycling Facilities

Sector O: Steam Electric Generating Facilities

SE | Steam Electric Generating Facilities

Sector P: Land Transportation and Warehousing**

4011, 4013 | Railroad Transportation

4111-4173 | Local and Highway Passenger Transportation

4212-4231 | Motor Freight Transportation and Warehousing

4311 | United States Postal Service

5171 | Petroleum Bulk Stations and Terminals

Sector Q: Water Transportation**

4412-4499 | Water Transportation

Sector R: Ship and Boat Building or Repairing Yards

3731, 3732 | Ship and Boat Building or Repairing Yards

Sector S: Air Transportation

4512-4581 | Air Transportation Facilities

Sector T: Treatment Works***

TW | Treatment Works

Sector U: Food and Kindred Products

2011-2015 | Meat Products

2021-2026 | Dairy Products

2032 | Canned, Frozen and Preserved Fruits, Vegetables and Food Specialties

2041-2048 | Grain Mill Products

2051-2053 | Bakery Products

2061-2068 | Sugar and Confectionary Products

2074-2079 | Fats and Oils

2082-2087 | Beverages

2091-2099 | Miscellaneous Food Preparations and Kindred Products

2111-2141 | Tobacco Products

Sector V: Textile Mills, Apparel, and Other Fabric Product Manufacturing, Leather and Leather Products

2211-2299 | Textile Mill Products

2311-2399 | Apparel and Other Finished Products Made From Fabrics and Similar Materials

3131-3199 (except 3111)

Products

2074-2079 | Fats and Oils

2082-2087 | Beverages

2091-2099 | Miscellaneous Food Preparations and Kindred Products

2111-2141 | Tobacco Products

Sector V: Textile Mills, Apparel, and Other Fabric Product Manufacturing, Leather and Leather Products

2211-2299 | Textile Mill Products

2311-2399 | Apparel and Other Finished Products Made From Fabrics and Similar Materials

3131-3199 (except 3111) | Leather Products

Sector W: Furniture and Fixtures

2511-2599 | Furniture and Fixtures

2434 | Wood Kitchen Cabinets

Sector X: Printing and Publishing

2711-2796 | Printing, Publishing, and Allied Industries

Sector Y: Rubber, Miscellaneous Plastic Products and Miscellaneous Manufacturing Industries

3011 | Tires and Inner Tubes

3021 | Rubber and Plastics Footwear

3052, 3053 | Gaskets, Packing and Sealing Devices, and Rubber and Plastics Hose and Belting

3061, 3069 | Fabricated Rubber Products, Not Elsewhere Classified

3081-3089 | Miscellaneous Plastics Products

3931 | Musical Instruments

3942-3949 | Dolls, Toys, Games and Sporting and Athletic Goods

3951-3955 (except 3952 facilities as specified in Sector C) | Pens, Pencils, and Other Artists’ Materials

3961, 3965 | Costume Jewelry, Costume Novelties, Buttons and Miscellaneous Notions, Except Precious Metals

3991-3999 | Miscellaneous Manufacturing Industries

Sector Z: Leather Tanning and Finishing

3111 | Leather Tanning and Finishing

Sector AA: Fabricated Metal Products

3411-3499 | Fabricated Metal Products, Except Machinery and Transportation Equipment and Cutting, Engraving and Allied Services

3911-3915 | Jewelry, Silverware and Plated Ware

3479 | Coating, Engraving and Allied Services

Sector AB: Transportation Equipment, Industrial or Commercial Machinery

3511-3599 (except 3571, 3579) | Industrial and Commercial Machinery (Except Computer and Office Equipment – see Sector AC)

3711-3799 (except 3731, 3732) | Transportation Equipment (Except Ship and Boat Building and Repairing – see Sector R)

Sector AC: Electronic, Electrical, Photographic and Optical Goods

3612-3699 | E

ervices

Sector AB: Transportation Equipment, Industrial or Commercial Machinery

3511-3599 (except 3571, 3579) | Industrial and Commercial Machinery (Except Computer and Office Equipment – see Sector AC)

3711-3799 (except 3731, 3732) | Transportation Equipment (Except Ship and Boat Building and Repairing – see Sector R)

Sector AC: Electronic, Electrical, Photographic and Optical Goods

3612-3699 | Electronic, Electrical Equipment and Components, Except Computer Equipment

3812-3873 | Measuring, Analyzing and Controlling Instrument, Photographic and Optical Goods, Watches and Clocks

3571-3579 | Computer and Office Equipment

Sector AD: Non-Classified Facilities

N/A | Other storm water discharges designated by the Department as needing a permit or any facility discharging storm water associated with industrial activities not described by any of Sectors A-AC. Note: Facilities may not elect to be covered under Sector AD. Only the Department may assign a facility to Sector AD.

* Facilities involved in the recycling of materials, including metal scrapyards, battery reclaimers and salvage yards, including but not limited to those classified as Standard Industrial Classification codes 5015 [Motor Vehicle Parts, Used] and 5093 [Scrap & Waste Materials], but not including recycling collection centers consisting solely of "igloos" or similar structures.

** Only those portions of the facility that are involved in vehicle maintenance activities (including vehicle rehabilitation, mechanical repairs, painting, fueling and lubrication), equipment cleaning operations, and/or airport deicing operations are associated with industrial activity

e Materials], but not including recycling collection centers consisting solely of "igloos" or similar structures.

*** Treatment works with a design flow of one (1) million gallons per day or more treating domestic sewage or any other sewage sludge or waste water treatment device or system, used in the storage, treatment, recycling and reclamation of municipal or domestic sewage, including land dedicated to the disposal of sewage sludge that are located within the confines of the facility, or required to have an approved pretreatment program under 7 Del.C. §6033 . Not included are farm lands, domestic gardens or lands used for sludge management where sludge is beneficially reused and which are not physically located in the confines of the facility, or areas that are in compliance with 40 C.F.R. §503.

Parameter | Units | Effluent Limitations

Wet Decking Discharges at Log Storage and Handling Areas (SIC Code 2411)

Debris (woody material such as bark, twigs, branches, heartwood, or sapwood) | No discharge of debris that will not pass through a 2.54 cm (1 inch) diameter round opening.

pH | standard units | 6.0-9.0

Parameter | Units | Benchmark Monitoring Concentrations

Log Storage and Handling (SIC Code 2411)

Total Suspended Solids (TSS) | mg/l | 100.0

General Sawmills and Planning Mills (SIC Code 2421)

Chemical Oxygen Demand (COD) | mg/l | 120.0

Total Suspended Solids (TSS) | mg/l | 100.0

Total Recoverable Zinc | mg/l | 0.117

pH | standard units | 6.0-9.0

Wood Preserving (SIC Code 2491)

Total Arsenic | mg/l | 0.16854

Total Copper | mg/l | 0.0636

pH | standard units | 6.0-9.0

Hardwood Dimension and Flooring Mills (SIC Codes 2426, 2429, 2431-2439 (except 2434), 2448, 2449, 2451, 2452, 2499 and 2593)

Chemical Oxygen Demand (COD) | mg/l |

0.0

Total Suspended Solids (TSS) | mg/l | 100.0

Total Recoverable Zinc | mg/l | 0.117

pH | standard units | 6.0-9.0

Wood Preserving (SIC Code 2491)

Total Arsenic | mg/l | 0.16854

Total Copper | mg/l | 0.0636

pH | standard units | 6.0-9.0

Hardwood Dimension and Flooring Mills (SIC Codes 2426, 2429, 2431-2439 (except 2434), 2448, 2449, 2451, 2452, 2499 and 2593)

Chemical Oxygen Demand (COD) | mg/l | 120.0

Total Suspended Solids (TSS) | mg/l | 100.0

pH | standard units | 6.0-9.0

Parameter | Units | Benchmark Monitoring Concentrations

Paperboard Mills (SIC Code 2631)

Chemical Oxygen Demand (COD) | mg/l | 120.0

pH | standard units | 6.0-9.0

Parameter | Units | Effluent Limitations

Daily Maximum | 30-Day Average

Phosphate Subcategory of the Fertilizer Manufacturing Point Source Category (SIC Code 2874) – applies to precipitation runoff that, during manufacturing or processing, comes into contact with any raw materials, intermediate product, finished product, by-products or waste product

Total Phosphorus (as P) | mg/l | 105.0 | 35.0

Fluoride | mg/l | 75.0 | 25.0

pH | standard units | 6.0-9.0

Parameter | Units | Benchmark Monitoring Concentrations

Industrial Inorganic Chemicals (SIC Codes 2812-2819)

Total Recoverable Aluminum | mg/l | 0.75

Total Recoverable Iron | mg/l | 1.0

Nitrate plus Nitrite Nitrogen | mg/l | 0.68

pH | standard units | 6.0-9.0

Plastics, Synthetics, and Resins (SIC Codes 2821-2824)

Total Recoverable Zinc | mg/l | 0.117

pH | standard units | 6.0-9.0

Soaps, Detergents, Cosmetics, and Perfumes (SIC Codes 2841-2844)

Nitrate plus Nitrite Nitrogen | mg/l | 0.68

Total Recoverable Zinc | mg/l | 0.117

pH | standard units | 6.0-9.0

Agricultural Chemicals (SIC Codes 2873-2879)

Nitrate plus Nitrite Nitrogen | Nitrate plus Nitrite Nitrogen | 0.68

Total Recoverable Iron | mg/l | 1.0

Total Recoverable Zinc | mg/l | 0.117

Phosphorus | mg/l | 2.0

Total Recoverable Lead | mg/l | 0.0816

pH | standard units | 6.0-9.0

Parameter | Units | Effluent Limitations

Daily Maximum | 30-Day Average

Discharges from areas where produ

its | 6.0-9.0

Agricultural Chemicals (SIC Codes 2873-2879)

Nitrate plus Nitrite Nitrogen | Nitrate plus Nitrite Nitrogen | 0.68

Total Recoverable Iron | mg/l | 1.0

Total Recoverable Zinc | mg/l | 0.117

Phosphorus | mg/l | 2.0

Total Recoverable Lead | mg/l | 0.0816

pH | standard units | 6.0-9.0

Parameter | Units | Effluent Limitations

Daily Maximum | 30-Day Average

Discharges from areas where production of asphalt paving and roofing emulsions occurs (SIC Codes 2951 and 2952)

Total Suspended Solids (TSS) | mg/l | 23.0 | 15.0

Oil and Grease | mg/l | 15.0 | 10.0

pH | standard units | 6.0-9.0

Parameter | Units | Benchmark Monitoring Concentrations

Asphalt Paving and Roofing Materials and Lubricant Manufacturers (SIC Codes 2951 and 2952)

Total Suspended Solids (TSS) | mg/l | 100.0

pH | standard units | 6.0-9.0

Parameter | Units | Effluent Limitations

Daily Maximum

Cement Manufacturing Facility, Material Storage Runoff: Any discharge composed of runoff that derives from the storage of materials including raw materials, intermediate products, finished products and waste materials that are used in or derived from the manufacture of cement.

Total Suspended Solids (TSS) | mg/l | 50.0

pH | standard units | 6.0-9.0

Parameter | Units | Benchmark Monitoring Concentrations

Clay Product Manufacturers (SIC Codes 3245-3259 and 3261-3269)

Total Recoverable Aluminum | mg/l | 0.75

pH | standard units | 6.0-9.0

Concrete and Gypsum Product Manufacturers (SIC Codes 3271-3275)

Total Suspended Solids (TSS) | mg/l | 100.0

Oil and Grease | mg/l | 15.0

Total Recoverable Iron | mg/l | 1.0

pH | standard units | 6.0-9.0

Parameter | Units | Benchmark Monitoring Concentrations

Steel Works, Blast Furnaces, and Rolling and Finishing Mills (SIC Codes 3312-3317)

Total Recoverable Aluminum | mg/l | 0.75

Total Recoverable Zinc | mg/l | 0.117

pH | standard units | 6.0-9.0

Iron and Steel Foundries (SIC Codes 3321-3325)

Total Recoverable Aluminum | mg/l | 0.75

Total Suspended Solids (TSS) | mg/l | 100.0

Total Recoverable Copper | mg/l | 0.0636

Total Recove

itoring Concentrations

Steel Works, Blast Furnaces, and Rolling and Finishing Mills (SIC Codes 3312-3317)

Total Recoverable Aluminum | mg/l | 0.75

Total Recoverable Zinc | mg/l | 0.117

pH | standard units | 6.0-9.0

Iron and Steel Foundries (SIC Codes 3321-3325)

Total Recoverable Aluminum | mg/l | 0.75

Total Suspended Solids (TSS) | mg/l | 100.0

Total Recoverable Copper | mg/l | 0.0636

Total Recoverable Iron | mg/l | 1.0

Total Recoverable Zinc | mg/l | 0.117

pH | standard units | 6.0-9.0

Rolling, Drawing, and Extruding of Nonferrous Metals (SIC Codes 3351-3357)

Total Recoverable Copper | mg/l | 0.0636

Total Recoverable Zinc | mg/l | 0.117

pH | standard units | 6.0-9.0

Nonferrous Foundries (SIC Codes 3363-3369)

Total Recoverable Copper | mg/l | 0.0636

Total Recoverable Zinc | mg/l | 0.117

pH | standard units | 6.0-9.0

Parameter | Units | Effluent Limitations

Daily Maximum | 30-Day Average

Mine Dewatering Activities at Construction Sand and Gravel; Industrial Sand; and Crushed Stone Mining Facilities (SIC Codes 1422-1429, 1442 and 1446)

Total Suspended Solids (TSS) | mg/l | 45.0 | 25.0

pH | standard units | 6.0-9.0

Parameter | Units | Benchmark Monitoring Concentrations

Dimension Stone Crushed and Broken Stone and Nonmetallic Minerals (except fuels) (SIC Codes 1411, 1422-1429, 1481 and 1499)

Total Suspended Solids (TSS) | mg/l | 100.0

pH | standard units | 6.0-9.0

Sand and Gravel Mining (SIC Codes 1442 and 1446)

Nitrate plus Nitrite Nitrogen | mg/l | 0.68

Total Suspended Solids (TSS) | mg/l | 100.0

pH | standard units | 6.0-9.0

Parameter | Units | Benchmark Monitoring Concentrations

Automobile Salvage Yards (SIC Code 5015)

Total Suspended Solids (TSS) | mg/l | 100.0

Total Recoverable Aluminum | mg/l | 0.75

Total Recoverable Iron | mg/l | 1.0

Oil and Grease | mg/l | 15.0

Total Recoverable Lead | mg/l | 0.0816

pH | standard units | 6.0-9.0

Parameter | Units | Benchmark Monitoring Concentrations

Scrap Recycling and Waste Recycling Facilities (SIC Code 5093)

Total Suspended Solids (TSS) | mg/l | 100.0

Total Recoverable

Total Suspended Solids (TSS) | mg/l | 100.0

Total Recoverable Aluminum | mg/l | 0.75

Total Recoverable Iron | mg/l | 1.0

Oil and Grease | mg/l | 15.0

Total Recoverable Lead | mg/l | 0.0816

pH | standard units | 6.0-9.0

Parameter | Units | Benchmark Monitoring Concentrations

Scrap Recycling and Waste Recycling Facilities (SIC Code 5093)

Total Suspended Solids (TSS) | mg/l | 100.0

Total Recoverable Aluminum | mg/l | 0.750

Total Recoverable Copper | mg/l | 0.0636

Total Recoverable Iron | mg/l | 1.0

Total Recoverable Lead | mg/l | 0.0816

Total Recoverable Zinc | mg/l | 0.117

Oil and Grease | mg/l | 15.0

Chemical Oxygen Demand (COD) | mg/l | 120.0

pH | standard units | 6.0-9.0

Parameter | Units | Benchmark Monitoring Concentrations

Steam Electric Generating Facilities (Industrial Activity Code SE)

Total Recoverable Iron | mg/l | 1.0

pH | standard units | 6.0-9.0

Parameter | Units | Benchmark Monitoring Concentrations

Land Transportation and Warehousing (SIC Codes 4011-4013, 4111-4173, 4212-4273, 4311and 5171)

Oil and Grease | mg/L | 15.0

Total Surfactants | mg/L | 1.0

Total Suspended Solids | mg/L | 100.0

pH | standard units | 6.0-9.0

Parameter | Units | Benchmark Monitoring Concentrations

Water Transportation Facilities (SIC Codes 4412-4499)

Total Recoverable Aluminum | mg/l | 0.75

Total Recoverable Iron | mg/l | 1.0

Total Recoverable Zinc | mg/l | 0.117

Total Recoverable Lead | mg/l | 0.0816

pH | standard units | 6.0-9.0

Parameter | Units | Benchmark Monitoring Concentrations

Facilities at airports that use more than 100,000 gallons of glycol-based deicing/anti-icing chemicals and/or 100 tons or more of urea on an average annual basis: monitor only those outfalls from the airport facility that collect runoff from areas where deicing/anti-icing activities occur (SIC Codes 45xx)

Biochemical Oxygen Demand (BOD 5) | mg/l | 30.0

Ammonia | mg/l | 19.0

Chemical Oxygen Demand (COD) | mg/l | 120.0

pH | standard units | 6.0-9.0

Parameter | Units | Benchmark Monitoring Concentrations

Grain Mill Products (SIC Codes 2041-2048)

nnual basis: monitor only those outfalls from the airport facility that collect runoff from areas where deicing/anti-icing activities occur (SIC Codes 45xx)

Biochemical Oxygen Demand (BOD 5) | mg/l | 30.0

Ammonia | mg/l | 19.0

Chemical Oxygen Demand (COD) | mg/l | 120.0

pH | standard units | 6.0-9.0

Parameter | Units | Benchmark Monitoring Concentrations

Grain Mill Products (SIC Codes 2041-2048)

Total Suspended Solids (TSS) | mg/l | 100.0

pH | standard units | 6.0-9.0

Fats and Oils Products (SIC Codes 2074-2079)

Biochemical Oxygen Demand (BOD 5) | mg/l | 30.0

Nitrate plus Nitrite Nitrogen | mg/l | 0.68

Total Suspended Solids (TSS) | mg/l | 100.0

Chemical Oxygen Demand (COD) | mg/l | 120.0

pH | standard units | 6.0-9.0

Parameter | Units | Benchmark Monitoring Concentrations

Tires and Inner Tubes; Rubber Footwear; Gaskets, Packing and Sealing Devices; Rubber Hose and Belting; and Fabricated Rubber Products, Not Elsewhere Classified (SIC Codes 3011-3069, rubber)

Total Recoverable Zinc | mg/l | 0.117

pH | standard units | 6.0-9.0

Parameter | Units | Benchmark Monitoring Concentrations

Leather Tanning and Finishing (SIC Code 3111)

Total Kjeldahl Nitrogen | mg/l | 1.5

pH | standard units | 6.0-9.0

Parameter | Units | Benchmark Monitoring Concentrations

Fabricated Metal Products Except Coating (SIC Codes 3411-3471, 3482-3499, 3911-3915)

Total Recoverable Aluminum | mg/l | 0.750

Total Recoverable Iron | mg/l | 1.0

Total Recoverable Zinc | mg/l | 0.117

Nitrate plus Nitrite Nitrogen | mg/l | 0.68

pH | standard units | 6.0-9.0

Fabricated Metal Coating and Engraving (SIC Code 3479)

Total Recoverable Zinc | mg/l | 0.117

pH | standard units | 6.0-9.0

Parameter | Units | Numeric Effluent Limitation

Coal Pile Runoff

Total Suspended Solids | mg/l | 50.0

pH | standard units | 6.0-9.0

SIC Code/Industrial Activity Code | Compliance Evaluation Frequency

Sectors A, B, G, H, I, J, O, T, V, W, X, Y, Z, and AD | Annual

Sectors C, D, E, F, P, Q, R, S, U, AA, AB, and AC | Semi-annual [evaluations shall be conducted once in the fall (Septem

units | 6.0-9.0

Parameter | Units | Numeric Effluent Limitation

Coal Pile Runoff

Total Suspended Solids | mg/l | 50.0

pH | standard units | 6.0-9.0

SIC Code/Industrial Activity Code | Compliance Evaluation Frequency

Sectors A, B, G, H, I, J, O, T, V, W, X, Y, Z, and AD | Annual

Sectors C, D, E, F, P, Q, R, S, U, AA, AB, and AC | Semi-annual [evaluations shall be conducted once in the fall (September-November) and once during the spring (April-June)]

Sectors M and N | Quarterly [evaluations shall be conducted at least once in each of the following three-month periods: January through March, April through June, July through September, and October through December]

Which prior to August 13, 1979, had not discharged pollutants;

Which had never received a final effective NPDES permit for discharges at that site;

From which there is or may be a new or additional discharge of pollutants; and

Which does not fall in the definition of “new source”.

After promulgation of standards of performance under §306 of the Act which are applicable to such source; or

After proposal of standards of performance under §306 of the Act which are applicable to such source, but only if the standards are promulgated within 120 days of their proposal. In addition, any building, structure, facility or installation constructed after the effective date of these regulations must also meet the siting criteria described in §7.0 of these regulations.

1,000 | Cattle other than mature dairy cows or veal calves. Includes but is not limited to heifers, steers, bulls, and cow/calf pairs.

700 | mature dairy cattle (whether milked or dry cows),

2,500 | swine each weighing over 55 pounds,

10,000 | swine weighing under 55 pounds,

500 | horses,

10,000 | sheep or lambs,

55,000 | turkeys,

30,000 | laying hens or broilers, if the AFO uses a liquid manure handling system,

125,000 | chickens except laying hens (if other than a liquid manure handling system),

82,000 | laying hens (if other than a liquid manure handling system),

1,000 | veal calves

,500 | swine each weighing over 55 pounds,

10,000 | swine weighing under 55 pounds,

500 | horses,

10,000 | sheep or lambs,

55,000 | turkeys,

30,000 | laying hens or broilers, if the AFO uses a liquid manure handling system,

125,000 | chickens except laying hens (if other than a liquid manure handling system),

82,000 | laying hens (if other than a liquid manure handling system),

1,000 | veal calves.

30,000 | ducks (if the AFO uses other than a liquid manure handling system),

5,000 | ducks (if the AFO uses a liquid manure handling system).

300 to 999 | Cattle other than mature dairy cows or veal calves. Includes but is not limited to heifers, steers, bulls, and cow/calf pairs.

200 to 699 | mature dairy cattle (whether milked or dry cows),

750 to 2,499 | swine each weighing over 55 pounds,

3,000 to 9,999 | swine weighing under 55 pounds,

150 to 499 | horses,

3,000 to 9,999 | sheep or lambs,

16,500 to 54,999 | turkeys,

9,000 to 29,999 | laying hens or broilers, if the AFO uses a liquid manure handling system,

37,500 to 124,999 | chickens except laying hens (if other than a liquid manure handling system),

25,000 to 81,999 | laying hens (if other than a liquid manure handling system),

300-999 | veal calves.

10,000 to 29,999 | ducks (if the AFO uses other than a liquid manure handling system),

1,500 to 4,999 | ducks (if the AFO uses a liquid manure handling system).

Regulated parameter | Maximum daily 1 | Maximum monthly average 1 | Maximum daily 2 | Maximum monthly average 2

BOD5 ......................................................................... Fecal coliform ............................................................ | 3.66 ( 3 ) | 2.0 ( 3 ) | 1.66 ( 3 ) | 0.91 ( 3 )

1 Pounds per 1000 ducks 2 Kilograms per 1000 ducks 3 Not to exceed MPN of 400 per 100 ml at any time.

Table 1

um daily 1 | Maximum monthly average 1 | Maximum daily 2 | Maximum monthly average 2

1 Pounds per 1000 ducks 2 Kilograms per 1000 ducks 3 Not to exceed MPN of 400 per 100 ml at any time.

Table 1. Annual Treatment Thresholds

Pesticide Use | Annual Threshold

Mosquitoes and Other Flying Insect Pest Control (larvaecide and adulticide) | 6400 acres of treatment area cumulative

Weed and Algae Pest Control | 20 linear miles or 80 acres of water (i.e. surface area)

Animal Pest Control | 20 linear miles or 80 acres of water (i.e. surface area)

Forest Canopy Pest Control | 6400 acres of treatment area cumulative

1.0 Authority, Purpose and Scope

1.1 Authority. These regulations are adopted by the Secretary of the Department of Natural Resources and Environmental Control under and pursuant to the authorities set forth in 7 Del.C . Chapter 60 and the Federal Water Pollution Control Act Amendments of 1972, as amended further, commonly referred to as the Clean Water Act (Pub. L. 92-500, as amended by Pub. L. 95-217, Pub. L. 95-576, Pub. L. 96-483, Pub. L. 97-117, Pub. L. 100-4; Pub. L. 100-688, Pub. L. 100-581, Pub. L. 102-580, Pub. L. 102-240; 33 U.S.C. 1251 et. seq.).

1.2 Purpose. The purpose of these regulations is to effectuate the policy and purposes of 7 Del.C. Ch. 60 and ensure that the surface and ground waters of the State of Delaware exhibit a quality that is consistent with established criteria. To accomplish this, these regulations seek to prevent, manage and/or control the pollution from activities that affect or have the reasonable potential to affect the quality of these waters

ese regulations is to effectuate the policy and purposes of 7 Del.C. Ch. 60 and ensure that the surface and ground waters of the State of Delaware exhibit a quality that is consistent with established criteria. To accomplish this, these regulations seek to prevent, manage and/or control the pollution from activities that affect or have the reasonable potential to affect the quality of these waters. These regulations are but a single phase in a program which serves to effectively and reasonably manage the water resources of the State in order to protect the health, safety and welfare of the citizens of the State of Delaware, to provide for full utilization, conservation and protection of the water resources of the State and to provide for the conservation and protection of wildlife and aquatic life.

1.3 Scope. These regulations shall supersede and replace §§1 through 8 and §§10 through 14 of the Department's Regulations Governing the Control of Water Pollution, adopted March 15, 1974, as amended June 23, 1983. The Department's Regulations Governing the Design, Installation, and Operation of On-Site Wastewater Treatment and Disposal Systems and its Guidance and Regulations Governing the Land Treatment of Wastes supersede and replace the requirements in Section 9 of the referenced regulations.

Regulations adopted June 30, 1993 and revised with an effective date of September 15, 1998, to effectuate the Department's General Permit Program for storm water discharges associated with industrial activities remain in their entirety and are to be incorporated and redesignated herein as Section 9, Subsection 1 - Regulations Governing Storm Water Discharges Associated with Industrial Activities

All federal and state laws, statutes and regulations, governmental guidance and documents and private publications, standards, rates and documents, as stated and used in these regulations, are incorporated by reference, either as they existed as of the date, edition or version expressly indicated, or if no date, edition or version is expressly indicated, that as of August 29, 2000.

2.0 Definitions

As used in these regulations, the following terms shall be defined as outlined herein.

"Act" means the Clean Water Act (formerly referred to as the Federal Water Pollution Control Act Amendments of 1972); Pub. L. 92‑500, as amended by Pub. L. 95‑217, Pub. L. 95‑576, Pub. L. 96-483, Pub. L. 97-117, Pub. L. 100-4 (Water Quality Act of 1987), Pub. L. 100-688, Pub. L. 100-581, Pub. L. 102-580, Pub. L. 102-240; 33 U.S.C. 1251 et seq.

"Activity" means construction, or operation, or use of any facility, property, or device.

"Agricultural Commodity" means any agricultural product, including but not limited to plants and animals and plant and animal products grown, raised or produced within the State for use as food, feed, seed, or any aesthetic, industrial or chemurgic purpose.

"Animal Feeding Operation" means a lot or facility, together with any associated treatment works or waste management systems, where both of the following conditions are met: 1. Animals have been, are, or will be stabled or confined or kept and fed or maintained for a total of 45 days or more in any 12-month period; and 2. Crops, vegetation, forage growth, or post-harvest residues are not sustained over any portion of the lot or facility

r facility, together with any associated treatment works or waste management systems, where both of the following conditions are met: 1. Animals have been, are, or will be stabled or confined or kept and fed or maintained for a total of 45 days or more in any 12-month period; and 2. Crops, vegetation, forage growth, or post-harvest residues are not sustained over any portion of the lot or facility. Two or more animal feeding operations under common ownership are a single animal feeding operation if they adjoin each other, or if they use a common area or system for the disposal of wastes.

"Animal Waste Management System" means a combination of conservation practices and management measures for the handling, storage, treatment and management of any or all of the following for use on cropland and pastureland: animal wastes, manures, composted dead animals or process wastewater from any animal feeding operation.

"Agricultural Wastes" means any waste material generated from any agricultural practice including, but not limited to, farming, irrigation, manure or fertilizer spreading, aquaculture, aquatic animal production, livestock and dairy operations. Agricultural wastes may include animal manure, crop residues, dead animals and any agricultural chemicals, fertilizers and pesticides which may find their way into surface and subsurface water.

"Antidegradation Statement" means any provision or policy that has as its basis the prevention of deterioration of water quality or designated uses.

"Applicable Effluent Standards And Limitations" means all State, interstate and Federal standards and limitations to which a discharge or related activity, including the use or disposal of sludge, is subject under the Law or the Act including effluent limitations, water quality standards, standards of performance, toxic effluent standards and prohibitions, best management practices, and pretreatment standards under §§301, 302, 303, 304, 306, 307, 308, 403 and 405 of the Act

d Federal standards and limitations to which a discharge or related activity, including the use or disposal of sludge, is subject under the Law or the Act including effluent limitations, water quality standards, standards of performance, toxic effluent standards and prohibitions, best management practices, and pretreatment standards under §§301, 302, 303, 304, 306, 307, 308, 403 and 405 of the Act.

"Aquaculture Facility" means any water system and associated infrastructure constructed or utilized to contain, hold and/or produce cultured aquatic stock.

"Aquaculture Project" means a defined area of State waters which is managed for the maintenance or production of harvestable freshwater, estuarine or marine plants or animals, using discharges of pollutants into such defined area.

"Aquatic Animal Production Facility" means any hatchery, fish farm, or similar system or facility and any associated infrastructure constructed or utilized to contain, hold and/or produce cultured aquatic animal stock.

"Approved POTW Pretreatment Program" or "Program" or "POTW Pretreatment Program" means a program administered by a POTW which has been approved by the United States Environmental Protection Agency.

"As-built Plans" means any set of engineering drawings delineating the specific permitted facility as actually installed or constructed.

"Average Daily Loading" means the total discharge by weight during a calendar month divided by the number of days in the month that the production or commercial facility was operating. Where less than daily sampling is required, the daily average discharge shall be determined by the summation of all the measured daily discharges by weight divided by the number of days during the calendar month when the measurements were made

s the total discharge by weight during a calendar month divided by the number of days in the month that the production or commercial facility was operating. Where less than daily sampling is required, the daily average discharge shall be determined by the summation of all the measured daily discharges by weight divided by the number of days during the calendar month when the measurements were made.

"Average Monthly Discharge" Or "Daily Average Discharge" is the arithmetic mean of all daily discharges during a calendar month, calculated as the sum of all daily discharges sampled and/or measured during the month divided by the number of daily discharges sampled or measured during such month.

"Average Monthly Effluent Limitation" Or "Daily Average Effluent Limitation" means the highest allowable average of daily discharges over a calendar month.

"Best Management Practices" Or "Bmp's" means schedules of activities, prohibitions of practices, maintenance procedures and other management practices or measures to prevent or reduce the discharge of pollutants. BMP's include but are not limited to: structural and nonstructural controls; treatment requirements; operating procedures and practices or leaks, sludge or waste disposal, or drainage from raw material storage. BMPs can be applied before, during and after pollution generating activities to reduce or eliminate the introduction of pollutants into receiving waters.

"Biological Toxicity Testing" refers to the measurement of physiological responses of organisms and/or their systems to environmentally induced conditions.

"Biosolids" refers to the biomass or biological sludge generated or produced by biological wastewater treatment processes.

"Board" means the Environmental Appeals Board.

"Bulk Storage Facility" means any facility used for the express purpose of storage of 40,000 or more gallons of any hazardous material, petroleum product or liquid waste but shall not include Aboveground Storage Tanks as defined in 7 Del.C. Ch

efers to the biomass or biological sludge generated or produced by biological wastewater treatment processes.

"Board" means the Environmental Appeals Board.

"Bulk Transfer Facility" means any facility used for the express purpose of transfer of 20,000 gallons per day or more of any hazardous material, petroleum product, or liquid waste to or from any carrier such as, but not limited to, ships, barges, trains or trucks.

"Bypass" means the intentional diversion of wastes from any portion of a treatment facility.

"Certification" means the issuance of a written statement or document as required under §401 of the Act that any discharge into State waters will comply with the applicable provisions of §§301, 302, 303, 306 and 307 of the Act.

"Cold Water Aquatic Animals" include, but are not limited to, the Salmonidae family of fish, e.g., trout and salmon.

"Composite Sample" means a combination of individual samples obtained at specified intervals over a given time period, generally 24 hours.

In collecting a composite sample of a discharge other than a discharge of storm water or storm runoff (a non-storm water discharge), either: a) the volume of each individual sample is proportional to the discharge flow rate or b) the sampling interval is proportional to the discharge flow rate and the volume of each individual sample is constant. For a continuous non-storm water discharge, a minimum of 24 individual grab samples shall be collected and combined to constitute a 24 hour composite sample

non-storm water discharge), either: a) the volume of each individual sample is proportional to the discharge flow rate or b) the sampling interval is proportional to the discharge flow rate and the volume of each individual sample is constant. For a continuous non-storm water discharge, a minimum of 24 individual grab samples shall be collected and combined to constitute a 24 hour composite sample. For intermittent non-storm water discharges 4 hours or more in duration, the number of individual grab samples collected and combined to constitute a composite sample shall at a minimum be equal to the duration of the discharge in hours but not less than 12. For intermittent non-storm water discharges of less than 4 hours, the minimum number of individual grab samples collected and combined to constitute a composite sample shall be equal to the duration of the discharge in hours times 3 but not less than 3 samples.

"Concentrated Animal Feeding Operation" Or "CAFO" means an animal feeding operation, feedlot or animal production facility that meets the criteria in Appendix B to 40 CFR Part 122 or which is designated as such by the Secretary in accordance with 40 CFR 122.23(c).

"Concentrated Aquatic Animal Production Facility" means a hatchery, fish farm, or other facility which contains, grows, or holds:

"Conservation Practices and Management Measures" means the basic components of a conservation waste management plan which apply the principles of agricultural engineering, economics, research, animal science and crop and soil sciences, as appropriate, to maximize the economic value of wastes, to minimize discharges of pollutants associated with and to minimize any environmental damage resulting from the activity.

"Conservation Waste Management Plan" means a written document that outlines the site-specific conservation and management measures to be implemented and followed on the farm.

"Construction" means any placement, assembly, building or installation of equipment or facilities

tes, to minimize discharges of pollutants associated with and to minimize any environmental damage resulting from the activity.

"Conservation Waste Management Plan" means a written document that outlines the site-specific conservation and management measures to be implemented and followed on the farm.

"Construction" means any placement, assembly, building or installation of equipment or facilities.

"Continuous Discharge" means a discharge which occurs without interruption, except for infrequent shutdowns for maintenance, process changes, or other similar activities throughout the operating hours of the facility.

"Daily Discharge" means the total discharge measured during a calendar day or any 24-hour period that reasonably represents the calendar day for sampling purposes. For pollutants with limitations expressed in units of mass, the daily discharge is calculated as the total mass of a pollutant discharged over a calendar day or the equivalent 24-hour period. For pollutants with limitations expressed in other units of measurement, the daily discharge is calculated as the average measurement of the pollutant over a calendar day or the equivalent 24-hour period.

"Daily Maximum Effluent Limitation" is the highest total mass of a pollutant allowed to be discharged during a calendar day or, in the case of a pollutant limited in terms other than mass, the highest average concentration or other measurement of the pollutant specified during the calendar day, or any 24-hour period that reasonably represents the calendar day for sampling purposes.

"Degradation" means any adverse change in water quality or designated uses.

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

ted in terms other than mass, the highest average concentration or other measurement of the pollutant specified during the calendar day, or any 24-hour period that reasonably represents the calendar day for sampling purposes.

"Degradation" means any adverse change in water quality or designated uses.

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

"Designated Project Area" means the portion of State waters within which an owner plans to confine the cultivated species using a method or plan or operation which is expected to ensure that the aquaculture crop will enjoy increased growth attributable to the discharge of pollutants and be harvested within a defined geographic area.

"Designated Uses" means the categories of surface water uses as defined in the water quality standards.

"Direct Discharge" means the "discharge of a pollutant".

"Direct Responsible Charge" Or "DRC" means on-location accountability for, and on-location performance of, active daily operation (including Technical Supervision, Administrative Supervision, or Maintenance Supervision) for a wastewater facility, an operating shift of a system or a facility, or a major segment of a system or facility.

"Discharge" for the purposes of these regulations when used without qualification means the discharge of a pollutant.

"Discharge Of A Pollutant" means any addition of any pollutant, or combination of pollutants, to state waters or the contiguous zone, or the ocean, from any source or activity other than a vessel or other floating craft when being used as a means of transportation and in compliance with Section 312 of the Act.

This definition includes additions of pollutants into State waters from:

"Domestic Wastewater" means the liquid and water-borne human and/or household type wastes derived from residential, industrial, institutional or commercial sources

from any source or activity other than a vessel or other floating craft when being used as a means of transportation and in compliance with Section 312 of the Act.

This definition includes additions of pollutants into State waters from:

"Domestic Wastewater" means the liquid and water-borne human and/or household type wastes derived from residential, industrial, institutional or commercial sources.

"Draft Permit" means the document prepared under §6.12 of these regulations which incorporates the Secretary's tentative determinations with respect to any NPDES permit application or any request to modify, revoke and reissue or terminate a NPDES permit. The term, "draft permit", includes a notice of intent to deny a permit and a notice of intent to terminate a permit, as outlined in §6.52 of these regulations. The denial of a request to modify, to revoke and reissue or to terminate a permit is not a "draft permit", however.

"Effluent Limitations" means any restriction imposed by the Secretary on the quantity, discharge rate and concentration of a pollutant discharged from a point source to State waters. Effluent limitations include, but are not limited to, standards of performance for new sources, best management practices or BMPs, effluent standards, discharge prohibitions, "zero discharge" standards and ocean discharge criteria.

"Environmental Protection Agency" ("EPA") means the United States Environmental Protection Agency.

"Existing Source" means any source which is not a new source or a new discharger.

"Existing Uses" means any use of State waters which has occurred, or which likely has occurred, or which the water quality at any time has been satisfactory to support, on or after November 28, 1975.

"Facility" means any building, any structure, any complex of buildings or structures, or any process, production equipment or machinery, which makes it possible for an activity to be conducted

harger.

"Existing Uses" means any use of State waters which has occurred, or which likely has occurred, or which the water quality at any time has been satisfactory to support, on or after November 28, 1975.

"Facility" means any building, any structure, any complex of buildings or structures, or any process, production equipment or machinery, which makes it possible for an activity to be conducted.

"Facility Plan" means a report which the owner of a treatment works submits to the Department that consists of those necessary plans and studies directly relating to the construction of proposed sewage treatment facilities or additions to existing sewage treatment facilities where additional treatment capacity is proposed.

"Feasible Alternatives" are those alternatives that are available and capable of being carried out after taking into consideration cost, existing technology, and logistics in light of overall project purposes.

"Feedlot" means a confined animal feeding operation or a poultry growing operation for meat, milk or egg production, or for stabling, in pens or houses wherein the animals or poultry are fed at the place of confinement and crop or forage growth is not sustained in the area of confinement.

"Filtration" means a mechanical or physical straining process whose principal action is the removal of undissolved matter and shall include, but not be limited to, the following: diatomaceous earth filter, microstrainer, sand, dual and multi-media beds, or other processes capable of equivalent treatment.

"General NPDES Permit" means an authorization granted to a category of point source discharges pursuant to §9 of these regulations.

"Grab Sample" is an individual sample collected in less than 15 minutes.

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

eous earth filter, microstrainer, sand, dual and multi-media beds, or other processes capable of equivalent treatment.

"General NPDES Permit" means an authorization granted to a category of point source discharges pursuant to §9 of these regulations.

"Grab Sample" is an individual sample collected in less than 15 minutes.

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

"Hazardous Material" means any element or compound which when discharged onto land or into surface or groundwater, presents an imminent and substantial danger to public health and welfare, aquatic organisms, including but not limited to, fish, shellfish, terrestrial life, shorelines and beaches.

"Indirect Discharge" means the discharge or introduction of pollutants from any nondomestic source into a municipal or publicly-owned treatment works.

"Industrial User" ‑ means any industry, manufacturer or business whose liquid waste is discharged to a municipal or publicly owned treatment works; an industrial user is also an indirect discharger.

"Industrial Wastes" means any liquid, gaseous, solid or other wastes or a combination thereof resulting from any process of industry, manufacture, trade or business, or from the development of any natural resource.

"Intake Pollutant" means an amount of a pollutant that is present in State waters (including groundwater) at the time it is withdrawn from such waters by the discharger or other facility supplying the discharger with intake water. "Intake water" means the water used by a facility generally for cooling or process-related purposes from any source: surface water, groundwater, commercial purveyor or other sources.

"Interstate Agency" means an agency of two or more States established by or pursuant to an agreement or compact approved by the Congress, or any other agency of two or more States, having substantial powers or duties pertaining to the control of pollution as determined and approved by EPA under the Act.

"Law" means Title 7 , Del.C. Ch. 60

water, groundwater, commercial purveyor or other sources.

"Law" means Title 7 , Del.C. Ch. 60 .

"Liquid Waste" means any sewage, industrial waste or other wastes or any combination thereof which may potentially alter the chemical, physical, biological or radiological integrity of surface and/or groundwater from its natural state. The term, "liquid waste", does not mean storm runoff or storm water.

"Load" Or "Loading" means an amount of matter or thermal energy that is introduced into a receiving water; as a verb, "load or loading" means to introduce matter or thermal energy into a receiving water. Loading may be either man-caused (pollutant loading) or natural (natural background loading).

"Load Allocation" Or "LA" means the portion of a receiving water’s loading capacity that is attributed either to one of its existing or future nonpoint sources of pollution or to natural background sources. Load allocations are best estimates of the loading, which may range from reasonably accurate estimates to gross allotments, depending upon the availability of data and appropriate techniques for predicting the loading. Wherever possible, natural and nonpoint source loads should be distinguished.

"Loading Capacity" means the greatest amount of loading that a water can receive without violating water quality standards.

"Log Sorting And Log Storage Facilities" means facilities whose discharges result from the holding of unprocessed wood, i.e., logs or roundwood with bark or after removal of bark in self‑contained bodies of water (mill ponds or log ponds) or stored on land where water is applied intentionally on the logs (wet decking)

t of loading that a water can receive without violating water quality standards.

"Maximum Instantaneous Concentration" or "MIC" is the highest allowable measured concentration of a pollutant, obtained by analyzing a grab sample of the discharge.

"Medical Wastes" means isolation wastes; infectious agents; human blood and blood products; pathological wastes; sharps; body parts; contaminated bedding; surgical wastes and potentially contaminated laboratory wastes; dialysis wastes and other disposable medical equipment and material.

"Method Detection Limit" or "MDL" means the lowest concentration of a substance which can be measured with 99 percent confidence that the analyte concentration is greater than zero and is determined from analysis of a sample in a given matrix containing the analyte.

"Minimum Analytical Level" Or "MAL" means the lowest concentration of a substance that can be quantified within specified limits of interlaboratory precision and accuracy under routine laboratory operating conditions in the matrix of concern. When there is insufficient interlaboratory study data, the "MAL" may be determined through the use of a multiplier of 5 to 10 times the method detection level or "MDL".

"Mitigation" means the following sequence: (a) avoiding the impact altogether by not taking a certain action or part of an action, (b) minimizing impacts by limiting the magnitude of the action to the minimum necessary to effectuate the project need, and (c) in those cases where impacts cannot be avoided or where minimization has occurred, compensating for the affected resource

ion level or "MDL".

"Municipality" means a city, town, county, district, association, or other political subdivision created by or pursuant to State law and having jurisdiction over disposal of sewage, industrial wastes, or other wastes, or a designated and approved management agency under §208 of the Act.

"NPDES" ("National Pollutant Discharge Elimination System") means the national program for issuing, modifying, revoking and reissuing, terminating, monitoring, and enforcing permits for the discharge of any pollutant or combination of pollutants and imposing and enforcing pretreatment and sludge requirements pursuant to §307, 402, 318, and 405 of the Act.

"NPDES Application" means the forms recognized nationally, duly promulgated by EPA pursuant to the Act, including any modifications to such forms required by the Secretary, for application for a NPDES permit.

"NPDES Discharge Monitoring Report" ("DMR") means any EPA approved form, used to summarize and report the results of the permittee's self-monitoring activities.

"NPDES Form" means any issued NPDES permit and any uniform national form developed for use in the NPDES program, including any addition to such form required by the Secretary, and prescribed in regulations promulgated by EPA including the NPDES application and the NPDES Discharge Monitoring Report (DMR) forms.

"NPDES Permit" means any permit authorizing the potential or actual point source discharge of pollutants to State waters, under prescribed conditions, pursuant to §6 of these regulations

NPDES program, including any addition to such form required by the Secretary, and prescribed in regulations promulgated by EPA including the NPDES application and the NPDES Discharge Monitoring Report (DMR) forms.

"NPDES Permit" means any permit authorizing the potential or actual point source discharge of pollutants to State waters, under prescribed conditions, pursuant to §6 of these regulations.

"National Pretreatment Standard" or "Pretreatment Standard" means any regulation containing pollutant discharge limits promulgated by the EPA in accordance with §307 (b) and (c) of the Act, which applies to industrial users.

"New Discharger" means any building, structure, facility or installation:

"New Source" means any building, structure, facility or installation from which there is or may be a discharge of pollutants, the construction of which commences:

"Non-contact Cooling Water" is that which is contained within a leak-free system, i.e. has no contact with any gas, liquid or solid other than the container used for transport.

"Normal Corrosion" refers to the electrochemical reaction that results in the dissolution or removal of metal from a solid metal surface. For specific applications considered by the Department, normal corrosion rates shall be as published by the National Association of Corrosion Engineers (Reference: Corrosion Data Survey - Metals Section , National Association of Corrosion Engineers, 1985, as updated through August 29, 2000, or, for applications not specifically addressed in the above reference, such other reliable data.

n , National Association of Corrosion Engineers, 1985, as updated through August 29, 2000, or, for applications not specifically addressed in the above reference, such other reliable data.

"Normal Erosion" is the progressive loss of original material from a solid surface due to mechanical interaction between that surface and a fluid, a multi-component fluid or an impinging liquid or solid particle. (Reference: Standard Practice for Liquid Impingement Erosion Testing , ASTM Designation G73-82, 1987; or other authoritative source for materials or conditions not covered by the referenced standard.)

"Nuisance Condition" is any condition that, as a result of pollutant addition to a surface water, causes unreasonable interference with the designated uses of the waters or the uses of the adjoining land areas.

"Nutrient Management Plan" means a plan or program to manage the amount, placement, timing and application of nutrients in order to reduce nutrient loss or runoff and to maintain the productivity of soil when growing agricultural commodities and turfgrass.

"Nutrient Removal" means any method of treatment specifically designed to remove nutrients including, but not limited to, phosphorus, nitrogen or carbon.

"Nutrients" means nitrogen, nitrate, phosphorus, organic matter, and any other elements necessary for or helpful to plant growth.

"Operations and Maintenance Manual" means a written document setting forth a step by step procedure for operating and maintaining the treatment facility.

"Operator" means any person employed or appointed by any owner, and who is designated by such owner to be the person controlling the operations of the treatment works, including direct actions, decisions or evaluations which affect the quality of the discharge, and whose duties include testing or evaluation to control treatment works operations

for operating and maintaining the treatment facility.

"Other Wastes" means decayed wood, sawdust, shavings, bark, sand, lime, garbage, refuse, cinders, ashes, offal, tar, oil, chemicals, and all other substances, except industrial wastes and sewage, which may cause pollution in any State waters.

"Owner" means the State or any of its political subdivisions, including, but not limited to, sewer or sanitation district commissioners and authorities; any public or private institution, corporation, association, firm or company organized or existing under the laws of this or any other state or country; or any person or group of persons acting individually or as a group, and shall include any permittee under a NPDES permit. For the purposes of this regulation, "owner" shall also mean any responsible corporate officer so designated in the permit application. "Owner" may also mean an industrial user as identified or controlled by the requirements of Section 6, Part VII.

"Permit" means the authorization, license or equivalent control document issued by the Secretary or his duly authorized representative to implement the requirements of these regulations.

"Permittee" means any person to whom a permit has been issued by the Secretary.

"Person" means any individual, trust, firm, corporation (including a government corporation), partnership, association, institution, enterprise, federal agency, state, municipality, commission, agency, political subdivision of a state or any interstate body, or an agent or employee thereof

rements of these regulations.

"Permittee" means any person to whom a permit has been issued by the Secretary.

"Pipeline" means any pipe or system of pipes including, but not limited to, pump stations and other appurtenances utilized for the conveyance of any liquid, gas or solid.

"Point Source" means any discernible, confined and discrete conveyance, including but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, landfill leachate collection system, vessel or other floating craft, from which pollutants are or may be discharged. This term does not include return flows from irrigated agriculture or agricultural storm water runoff.

"Pollutant" means any substance, radioactive material, or waste heat which causes or contributes to, or may cause or contribute to, pollution. The term includes dredged spoil and other dredged materials, fill material, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, hydrocarbons, oil, product chemicals, and industrial, municipal, agricultural and other wastes discharged into water

cludes dredged spoil and other dredged materials, fill material, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, hydrocarbons, oil, product chemicals, and industrial, municipal, agricultural and other wastes discharged into water.

The term, "pollutant", does not mean: "sewage from vessels" within the meaning of §312 of the Act; or water, gas, or other material that is injected into a well to facilitate production of oil or gas, or water derived in association with oil or gas production and disposed of in a well, if the well used either to facilitate production or for disposal purposes is approved by the Secretary, and if the Secretary determines that such injection or disposal will not result in the degradation of ground or surface water resources. This definition encompasses drinking water contaminants that are regulated under §1412 of the Safe Drinking Water Act and may be discharged to State waters that are source waters of one or more public water systems. For public water systems served by surface water, source water is any water reaching the intake.

"Pollution" or "Water Pollution" means man-made or human-induced alteration of the physical, chemical, biological or radiological properties of any state waters as will create or is likely to create a nuisance or render such waters:

"Pollution Control Strategy" or "PCS" means a plan that specifies the necessary pollutant load reductions and actions that must be taken through voluntary and regulatory means to ensure the resultant pollutant loadings are less than or equal to the "total maximum daily load" or "TMDL" for a given waterbody. Pollution trading between different sources of pollution, geographic targeting and pollution prevention may all be considered as part of a "Pollution Control Strategy" or "PCS"

tant load reductions and actions that must be taken through voluntary and regulatory means to ensure the resultant pollutant loadings are less than or equal to the "total maximum daily load" or "TMDL" for a given waterbody. Pollution trading between different sources of pollution, geographic targeting and pollution prevention may all be considered as part of a "Pollution Control Strategy" or "PCS".

"Pollution Prevention" means any practice which results in a lesser quantity of emissions released or discharged prior to out-of-process recycling, treatment or control, as measured on a per-unit-of-production basis.

"Ponds" means all natural and/or man-made lakes or other bodies of water fed directly by springs, groundwater, tidal or non-tidal streams.

"Pretreatment" means the reduction or elimination of pollutants, or altering the nature of the pollutants prior to discharging or otherwise introducing such pollutants to a treatment works. The reduction or alteration can be obtained by physical, chemical or biological processes, process changes or by other means.

"Pretreatment Program" means the legal, technical and administrative framework for effectively controlling the introduction of pollutants into a publicly owned treatment works (POTW).

"Pretreatment Requirement" means any substantive or procedural condition, obligation or requirement related to pretreatment, other than a national pretreatment standard, imposed on any industrial user.

"Pretreatment Standard" means any pollutant discharge limitation promulgated by the EPA in accordance with §307(b) and (c) of the Act, or by the Secretary, which applies to industrial users. This term includes the prohibitions and discharge limitations outlined in Section 6.71 of these regulations.

"Process Wastewater" means any water which, during manufacturing or processing, comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, byproduct, or waste product

by the Secretary, which applies to industrial users. This term includes the prohibitions and discharge limitations outlined in Section 6.71 of these regulations.

"Professional Engineer" means a person who has been duly registered as a Professional Engineer by the Council of the Delaware Association of Professional Engineers.

"Public Hearing" means any fact‑finding proceeding pursuant to §6006 of the Law, held by the Secretary to afford interested persons an opportunity to submit factual data or evidence, views, and arguments to the Secretary.

"Publicly owned treatment works" ("POTW") means a treatment works as defined herein, which is owned by the State or a municipality, city, town, county, district or other public body created by or pursuant to the laws of the State, including any sewers, pipes or other conveyances that connect to such treatment works.

"Radioactive Material" means those radioactive materials not encompassed in the definitions of source, byproduct or special nuclear materials in the Atomic Energy Act of 1954, as amended through August 29, 2000.

"Residues" Or "Residuals" means the solids, sludges, and precipitates separated from or created by the unit processes of a treatment works.

"Rock Crushing And Gravel Washing Facilities" means facilities which process crushed and broken stone, gravel and riprap.

"Schedule Of Compliance" means a listing of necessary measures with target dates, including an enforceable sequence of interim requirements, actions or operations, leading to compliance with an effluent limitation, other limitation or requirement, prohibition, regulation, performance standard, or water quality standard

es" means facilities which process crushed and broken stone, gravel and riprap.

"Secondary Treatment" means any combination of unit processes that will consistently remove 85% or more of the organic and suspended material in domestic sewage and produce an effluent of sufficient quality to satisfy the requirements of §7 of these regulations.

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

"Severe Property Damage" means substantial physical damage to property, damage to the treatment facilities which would cause them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production.

"Sewage" means the 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, storm inflow, admixture of industrial wastes, or other wastes as may be present.

"Sewage From Vessels" means human body wastes and the wastes from toilets and other receptacles intended to receive or retain body wastes that are discharged from vessels and regulated under §312 of the Act.

"Sewage Sludge" means any solid, semi-solid or liquid residue removed during the treatment of municipal wastewater or domestic sewage, including but not limited to, solids removed during primary, secondary or advanced wastewater treatment, scum, septage, portable toilet pumpings and sewage sludge products

e or retain body wastes that are discharged from vessels and regulated under §312 of the Act.

"Significant Industrial User" means that (industrial user) which reasonably has the potential to adversely affect a POTW's operation; that which reasonably has the potential for violating any pretreatment standard or requirement; that which discharges an average of 25,000 gallons per day or more of process wastewater to a POTW; that which discharges process wastewater in such an amount or strength that constitutes 5 percent or more of the average dry weather hydraulic or organic capacity of the POTW; that which is designated as such by the POTW; that which is subject to federal categorical pretreatment standards as outlined in 40 CFR 403.6 and 40 CFR Chapter I, Subchapter N.

"Silvicultural Point Source" means any discernible, confined, and discrete conveyance related to rock crushing, gravel washing, log sorting, or log storage facilities which are operated in connection with silvicultural activities and from which pollutants are discharged into State waters.

"Site" means the land or water area where any "facility or activity" is physically located or conducted, including adjacent land used in connection with the facility or activity.

"Sludge" means the accumulated semi-liquid suspension, settled solids, or dried residue of these solids removed by any surface water or groundwater treatment facility or any liquid waste treatment facility or works, whether or not such solids have undergone treatment.

"Source" means any building, structure, facility, installation or establishment from which there is or may be a discharge of pollutants.

"State" means the State of Delaware

d suspension, settled solids, or dried residue of these solids removed by any surface water or groundwater treatment facility or any liquid waste treatment facility or works, whether or not such solids have undergone treatment.

"Source" means any building, structure, facility, installation or establishment from which there is or may be a discharge of pollutants.

"State" means the State of Delaware.

"State Waters" Or "Waters Of The State" means all water, on the surface and under the ground, wholly or partially within, or bordering the State, or within its jurisdiction including but not limited to:

Waste and stormwater treatment systems including, but not limited to, treatment ponds or lagoons designed to meet the requirements of the Act (other than cooling ponds which otherwise meet the requirements of subsection (1) of this definition) are not "State waters" or "Waters of the State".

"Stream" means the natural watercourse flowing in a defined bed or channel with bank and sides having permanent sources of supply, uniform or interrupted, temporarily diminished or suspended, but usually containing running water.

"Surface Water" means water occurring generally on the surface of the earth.

"Technology-based" generally refers to those requirements or limitations, established by these regulations or in accordance with §301 of the Act, that reflect the achievable performance or pollutant removal capability of the technology, treatment process or equipment employed.

"Total Maximum Daily Load" Or "TMDL" means the amount of a given pollutant that may be discharged to a waterbody from point, nonpoint and natural background sources and still allow attainment or maintenance of the applicable narrative and numerical water quality standards. A "TMDL" is the sum of the individual wasteload allocations or WLAs for point sources and load allocations or LAs for nonpoint sources of pollution and natural background

he amount of a given pollutant that may be discharged to a waterbody from point, nonpoint and natural background sources and still allow attainment or maintenance of the applicable narrative and numerical water quality standards. A "TMDL" is the sum of the individual wasteload allocations or WLAs for point sources and load allocations or LAs for nonpoint sources of pollution and natural background. A “TMDL” may include a reasonable margin of safety (MOS) to account for uncertainties regarding the relationship between mass loading and resulting water quality. In simplistic terms, a "TMDL" attempts to match the strength, location and timing of pollution sources within a watershed with the inherent ability of the receiving water to assimilate the pollutant without adverse impact.

"Toxic Pollutant" means any pollutant listed as toxic in Delaware's Surface Water Quality Standards.

"Treatment Works" means any devices and systems used in the storage, treatment, recycling, and/or reclamation of sewage or industrial wastes, or necessary to recycle or reuse water, including intercepting sewers, outfall sewers, sewage collection systems, pumping, power, and other equipment, and their appurtenances, extension, improvement, remodeling, additions, and alterations thereof; and any works, including land that will be an integral part of the treatment process or is used for ultimate disposal of residues resulting from such treatment; however, "treatment facilities" shall include only those mechanical devices necessary for the transmission and treatment of wastes (e.g., unit treatment processes and pump stations).

n and treatment of wastes (e.g., unit treatment processes and pump stations).

"Upset" means an exceptional incident in which there is unintentional and temporary noncompliance with technology‑based permit effluent limitations because of factors beyond the reasonable control of the permittee. The basis for specific effluent limitations can be found in the fact sheet, as provided for in Section 6.18. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation.

"Variance" means a permitted deviation from an established rule, regulation, plan, standard or procedure. With respect to the NPDES program, it means any mechanism or provision under Sections 301 or 316 of the Act, or in the applicable effluent limitation guidelines which allow modification to or waivers of the effluent limitation requirements or time deadlines of the Act. This includes provisions which allow the establishment of alternative limitations based on fundamentally different factors, the establishment of alternative discharge limitations, treatment requirements or control measures pursuant to §§301(c), 301(g), 301(h) or 316(a) of the Act, or extensions of compliance deadlines pursuant to §§301(i) or 301(k) of the Act, where appropriate.

"Warm Water Aquatic Animals" include, but are not limited to, the Ameiuride, Centrarchidae, and Cyprinidae families of fish, e.g., respectively catfish, sunfish, and minnows.

"Wasteload Allocation" Or "WLA" means the portion of a receiving water’s loading capacity that is allocated to one of its existing or future point sources of pollution. WLAs constitute a type of water quality-based effluent limitation.

"Water Quality" means the physical, chemical and biological characteristics of water with respect to its suitability for a particular use

ish, sunfish, and minnows.

"Water Quality" means the physical, chemical and biological characteristics of water with respect to its suitability for a particular use.

"Water Quality-based" generally refers to those requirements or limitations designed to achieve a given water quality objective, e.g. compliance with any applicable water quality standard, without regard to treatment technology.

"Water Quality Criterion" is an element of water quality standards, expressed as constituent concentrations, levels, or narrative statements, representing a quality of water that supports a particular designated use.

"Water Quality Standard" means any rule or limit established by the Secretary which consists of a designated use or uses for waters of the State and the water quality criteria for such waters based upon such designated uses.

"Wetlands" are those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas. Wetland areas are as delineated under and through 7 Del.C. Ch. 66 and the "Corps of Engineers Wetlands Delineation Manual", dated January, 1987.

"Wetlands Creation" means the establishment, through human intervention, of wetlands at a site where wetlands did not historically exist.

"Wetlands Enhancement" means the net increase, through human intervention, of wetland function or value within an existing wetland.

"Wetlands Restoration" means the reestablishment, through human intervention, of wetlands at a site where wetlands historically existed but were subsequently lost

tablishment, through human intervention, of wetlands at a site where wetlands did not historically exist.

"Wetlands Enhancement" means the net increase, through human intervention, of wetland function or value within an existing wetland.

"Wetlands Restoration" means the reestablishment, through human intervention, of wetlands at a site where wetlands historically existed but were subsequently lost.

"Whole Effluent Toxicity" means the aggregate toxic effect of an effluent or discharge measured directly by a toxicity test.

"Work Plan" means a list of all necessary actions and corresponding time schedule which is included in the facility plan or operations and needs review to ensure that an owner's sewage system maintains effluent limits.

8 DE Reg. 1189 (02/01/05)

3.0 Coverage, Prohibitions, Exemptions and Exclusions

3.1 Coverage

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

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

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

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

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

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

cation Program (§5).

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

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

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

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

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

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

3.2 Prohibitions

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

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

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

ent authorization issued by the Secretary or as prescribed by these regulations (e.g. General Permit Program requirements of §9).

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

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

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

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

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

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

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

3.2.8.3 Any discharge that is in conflict with any area‑wide or basin‑wide water quality control and waste management plan or policy, or plan amendment, approved under §208(b) of the Act

l, chemical or biological warfare agent or high level radioactive material into State waters; and

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

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

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

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

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

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

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

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

3.2.8.8 Any discharge or disposal of medical waste

and

3.2.8.8 Any discharge or disposal of medical waste.

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

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

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

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

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

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

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

rol Strategy; or

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

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

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

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

3.3 Exemptions (Activities Not Requiring a Permit)

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

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

3.3.1.2 Storm water discharges not regulated under the NPDES or the General Permit Program

ued in such cases where EPA fails to follow the provisions of 40 CFR 123.44.

3.3 Exemptions (Activities Not Requiring a Permit)

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

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

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

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

3.3.1.4 Transportation of organic or inorganic fertilizers.

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

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

3.3.1.7 Plowing or cultivating for agricultural or horticultural purposes.

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

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

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

ricultural or horticultural purposes.

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

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

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

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

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

3.4 Exclusions

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

potential to discharge pollutants to waters of the State. To qualify for the exclusion herein, either the activity must be conducted in such a way as to preclude the discharge of pollutants or the quantity and quality of the discharge or the constituents in the discharge are such that the discharge will not alter the physical, chemical, biological or radiological properties of the receiving waters.

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

3.4.1.2 Steam trap blowdown from any steam tracing system;

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

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

3.4.1.5 Well or pump testing;

3.4.1.6 Pipe and tank cleaning operations;

3.4.1.7 Dewatering of construction site(s) or wellpointing;

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

3.4.1.9 Water line flushing;

3.4.1.10 Landscape or lawn irrigation;

3.4.1.11 Diverted stream flows;

3.4.1.12 Uncontaminated ground water infiltration to separate storm sewers;

3.4.1.13 Discharges from potable water sources;

3.4.1.14 Discharges from foundation drains;

3.4.1.15 Individual residential car/vehicle washing;

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

3.4.1.17 Snow and ice removal;

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

3.4.1.19 Discharges or flows from emergency fire fighting activities.

4.0 Pollution Control Facilities Construction and Operation

emoval;

3.4.1.19 Discharges or flows from emergency fire fighting activities.

4.0 Pollution Control Facilities Construction and Operation

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

4.2 Prohibitions

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

4.2.1.1 Any sewer;

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

4.2.1.3 Any liquid waste treatment facilities;

4.2.1.4 Any surface impoundment for liquid waste; or

4.2.1.5 Any bulk storage, bulk transfer or pipeline facility.

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

le or multi-family dwelling, an office building, a store or other commercial building, a factory or other industrial building), the occupancy or use of which will generate liquid waste until said person has obtained a permit from the Department for the construction, installation, operation or use of the liquid waste collection, conveyance or treatment facilities servicing the structure or facility.

4.3 Exemption

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

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

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

4.3.2 No permit is required for the sewer connection from any single family or multi-family dwelling, office building, store or other commercial building which generates less than 2,000 gallons of liquid waste per day, provided the connection will be made prior to use and to a sewer system that has a permit for discharge.

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

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

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

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

All applications must be accompanied with the following:

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

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

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

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

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

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

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

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

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

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

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

4.6 Review of Design Plans for Wastewater Conveyance and Treatment Facilities

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

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

s: Policies for the Design, Review and Approval of Plans and Specifications for Wastewater Collection and Treatment Facilities", published by: Health Education Services, Albany, N.Y.

4.7 Minimum Design Standards for Surface Impoundments

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

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

o develop and maintain a groundwater monitoring program to evaluate the facility's impact upon groundwater.

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

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

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

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

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

4.10.3 Transferability of Permits

t to extend or renew the current permit, and the Department through no fault of the permittee, is unable to make a final determination on the request before the expiration date of the current permit, the terms and conditions of that permit shall be continued and remain fully effective and enforceable until the Department makes a final determination on the request.

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

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

4.11.1 The legal basis for issuance of the permit;

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

4.11.3 The name and address of the permittee;

4.11.4 The activity permitted and its location;

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

4.11.6 The permit expiration date and a statement that the permit may be renewed or a new permit issued, after notice and opportunity for public hearing as required under the Law, upon the condition that the activity me

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

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

4.11.7.1 Discharge limitations; and

4.11.7.2 Performance standards; and

4.11.7.3 Monitoring and reporting requirements; and

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

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

4.11.7.6 Conditions outlining the permittee's responsibilities:

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

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

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

4.11.7.6.2.2 At reasonable times, to have access to and copy any records required to be kept under the terms and con

etary or his authorized representatives, upon the presentation of credentials:

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

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

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

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

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

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

4.11.9.1 Violation of any condition of the permit;

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

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

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

4.11.10 A stateme

4.11.9.1 Violation of any condition of the permit;

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

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

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

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

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

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

5.0 Water Quality Certification

Part I - General

5.1 Introduction. Under federal law, §401 of the federal Clean Water Act, 33 U.S.C. §1341, et seq., any applicant for a federal license or permit to conduct any activity which may result in a discharge of pollutants into State waters (e.g. a NPDES discharge permit or a federal permit for the discharge of dredged or fill material) is to provide a certification from the state or interstate water pollution control agency having jurisdiction (i.e. the Department) that any such discharge will comply with the applicable provisions of §§301, 302, 303, 306 and 307 of the Act. This section of the regulations outlines the application requirements and administrative procedures to be followed in connection with any such water quality certification issued by the Secretary

e state or interstate water pollution control agency having jurisdiction (i.e. the Department) that any such discharge will comply with the applicable provisions of §§301, 302, 303, 306 and 307 of the Act. This section of the regulations outlines the application requirements and administrative procedures to be followed in connection with any such water quality certification issued by the Secretary. These administrative procedures encourage and provide opportunities for public involvement in the decision-making process.

Potential applicants are encouraged to contact the Department prior to submitting an application. Federal law provides that no federal license or permit is to be granted until such certification has been obtained; no license or permit is to be granted if certification has been denied.

5.2 Applicability. This section of the regulations applies to all activities requiring a federal license or permit that affect State waters.

5.3 Penalties. Violations of these regulations shall be punishable in accordance with 7 Del.C. §§ 6005, 6013, 6617 and 7214 and all other applicable laws.

5.4 Other Regulatory Agencies. Compliance with these regulations does not relieve any person from complying with the laws, rules, regulations and requirements imposed on the same lands, uses, structures, facilities or other appurtenances by local, state and federal government agencies, or other divisions within the Department.

5.5 Public Information. All material submitted in connection with any application shall be deemed public record subject to disclosure in accordance with 7 Del.C. §6014 and 29 Del.C. Ch. 100 unless designated by the applicant and accepted by the Department as covered by one or more of the exceptions enumerated in 29 Del.C. §10002(d) or 7 Del.C. §6014 .

014 and 29 Del.C. Ch. 100 unless designated by the applicant and accepted by the Department as covered by one or more of the exceptions enumerated in 29 Del.C. §10002(d) or 7 Del.C. §6014 .

5.6 Site Access. The Department may decide that a site visit is necessary to evaluate or verify the information provided in the application or collect additional data to process an application for certification. In such cases, the Department shall notify the applicant and schedule the site visit. In addition, the Department may conduct an inspection of the activity or site for which certification was provided to determine compliance with any certification conditions.

In accordance with 7 Del.C. §6024 , the Secretary, or his duly authorized representative, shall be provided access to and shall be allowed to enter any public or private property where any activity subject to certification is, or will be, conducted, after giving verbal notice and presentation of official identification.

5.7 Enforcement. Certification decisions, including conditions of federal permits or licenses, are subject to the enforcement mechanisms available to the Department and/or the federal agency issuing the permit or license. In the case of Federally authorized or delegated state programs such as the NPDES, certification decisions including conditions of permit or licenses, are subject to the enforcement mechanisms available to both the Department and the federal agency granting delegation. Other mechanisms under State law may also be used to correct or prevent adverse water quality impacts from construction or operation of activities for which certification has been issued.

Part II - Application and Public Notice

5.10 Application Procedure. Any application for certification must include complete information and be presented on a form provided by the Department:

5.10.1 As a minimum, the application must contain the information outlined in §5.10.1.1 through 5.10.1.7 and, if applicable, §5.10.2.1 and 5.10.2.2

ration of activities for which certification has been issued.

Part II - Application and Public Notice

5.10 Application Procedure. Any application for certification must include complete information and be presented on a form provided by the Department:

5.10.1 As a minimum, the application must contain the information outlined in §5.10.1.1 through 5.10.1.7 and, if applicable, §5.10.2.1 and 5.10.2.2. The application forms required by the federal permitting agency will be accepted provided they contain the minimum information required.

5.10.1.1 The name, address, phone number of the applicant and, if applicable, the name and address and telephone number of the agent for the applicant.

5.10.1.2 A complete description of the proposed activity, including the location, affected water(s), purpose, and intent of the project; maps, drawings, and plans sufficient for review purposes.

5.10.1.3 A description of all proposed activities reasonably associated with the proposed project either directly or indirectly, including planned or proposed future development that relate to water quality considerations.

5.10.1.4 An assessment of existing resources which fully considers ecological functions and values tailored to the site.

5.10.1.5 Plans for monitoring water quality in the area(s) affected by the proposed activity, e.g. the dredge area and the overflow from the disposal site(s).

5.10.1.6 The names and mailing addresses of adjacent property owners.

5.10.1.7 A description of feasible alternatives considered to avoid, minimize or compensate for impacts to or loss of State waters, e.g. clustering development on upland parcels, considering alternative layouts that avoid or minimize impacts to waters of the State, replacement of State waters lost due to activity where such loss can neither be avoided nor minimized. Such discussion shall justify the selection of the proposed activity as the most practicable alternative

mize or compensate for impacts to or loss of State waters, e.g. clustering development on upland parcels, considering alternative layouts that avoid or minimize impacts to waters of the State, replacement of State waters lost due to activity where such loss can neither be avoided nor minimized. Such discussion shall justify the selection of the proposed activity as the most practicable alternative.

An alternative is feasible if it is available at the time of application, if it is capable of being carried out and if it would eliminate or reduce impacts to State waters after taking into consideration cost, existing technology and logistics in light of overall project purposes. This may include an area which is not owned by the applicant, but which could reasonably be obtained, utilized, expanded, or managed in order to fulfill the basic purpose of the proposed activity. Feasible alternatives that do not involve waters of the State are presumed to be available unless clearly demonstrated otherwise.

The applicant shall use the following mitigation sequence in evaluating feasible alternatives:

5.10.1.7.1 Avoidance - The Secretary shall consider whether the applicant has provided sufficient information on practicable alternatives to the proposed activity that would eliminate the need for conducting such activity, e.g. whether upland sites exist to meet the needs of the applicant.

5.10.1.7.2 Minimization - The Secretary shall consider whether the applicant has provided sufficient information on minimizing activities in waters of the State. Consideration shall be given to such measures as the identification of wetland areas as an element of the project, clustering of development on upland parcels, and alternative layouts that avoid waters of the State.

5.10.1.7.3 Compensation - The Secretary shall require the applicant to provide for replacement of waters of the State lost due to the activity where they can neither be avoided nor minimized

eration shall be given to such measures as the identification of wetland areas as an element of the project, clustering of development on upland parcels, and alternative layouts that avoid waters of the State.

5.10.1.7.3 Compensation - The Secretary shall require the applicant to provide for replacement of waters of the State lost due to the activity where they can neither be avoided nor minimized.

5.10.1.7.3.1 Methods of compensation shall include the creation of new waters or the restoration of previously impacted or degraded waters. Compensation may also include establishing compensation banks where waters are established in one location to compensate for losses in several locations.

5.10.1.7.3.2 The compensation of waters on site and within the same watershed is given preference over compensation off site and in a different watershed.

5.10.1.7.3.3 Compensation for waters shall provide functional replacement of acres impacted not to exceed a ratio of three times the area of impacted waters.

5.10.1.7.3.4 To the extent practicable, compensation will be implemented prior to the activity for which such compensation is required. In the event compensation banks have not been established, this provision shall not apply.

5.10.1.7.3.5 When waters are created or restored as part of any antidegradation requirements, the Secretary may require conservation easements or other similar means to protect such waters from adverse alterations in perpetuity.

5.10.1.7.3.6 All certifications requiring wetlands creation or restoration shall include monitoring, functional assessment, maintenance and reporting programs to document timely achievement of a fully functional ecological system.

5.10.2 If the proposed activity involves the discharge of dredged or fill material, the application must contain the following additional information:

5.10.2.1 A description of the composition, source, and quantity of any material to be dredged or used as fill and a description of the area to be impacted, including the area of fill in acres

mely achievement of a fully functional ecological system.

5.10.2 If the proposed activity involves the discharge of dredged or fill material, the application must contain the following additional information:

5.10.2.1 A description of the composition, source, and quantity of any material to be dredged or used as fill and a description of the area to be impacted, including the area of fill in acres. If the proposed activity involves dredge or fill at multiple sites, the applicant must identify the location for each site and specify the area to be dredged or filled at each location.

5.10.2.2 The method of dredging or filling and specific plans for disposal and control of dredge spoils.

5.10.3 For any activity which is covered in its entirety by Department regulations adopted pursuant to 7 Del.C. Chs. 60, 66 or 72 (i.e. NPDES permits issued by the Secretary, wetlands permits, or subaqueous lands permits or leases), the applicant need not submit a separate application for water quality certification.

5.10.4 By agreement with either federal or state agencies, the Department may develop a joint application for a federal license or permit and State water quality certification in order to facilitate the certification process.

5.10.5 Upon receipt of an application, the Department may require additional information to make the application complete. If the Department does not request additional information within 30 working days of receipt of the application or joint public notice, the application will be deemed complete for processing. However, the Department may request additional information anytime prior to issuing the Notice of Decision per §5.22.

5.10.6 The Department may require the applicant to provide water quality monitoring data, water quality modelling results, or other environmental assessments prior to accepting or processing the application and assessing the impacts of the proposed activity

complete for processing. However, the Department may request additional information anytime prior to issuing the Notice of Decision per §5.22.

5.10.7 When the Department requests additional information, it will specify a deadline for submittal of such information. The applicant will be given a reasonable period of time, not to exceed 30 working days unless the Department finds that unusual circumstances warrant a longer timeframe, to provide any requested information. If the information requested is not submitted within the timeframe specified and is necessary for reaching a certification decision, the application will be considered inactive and may be returned to the applicant. Any subsequent resubmittal will be considered a new application.

5.11 Public Notification

5.11.1 The Department shall follow the public notice provisions of 7 Del.C. §6004(b) in processing applications for certification; i.e. the Department shall advertise receipt of and provide an opportunity for the public to comment on the application.

5.11.2 Public notice shall be given by the following methods:

5.11.2.1 Publication in a daily newspaper of general circulation statewide and a newspaper of general distribution in the county(ies) in which the activity is proposed; or

5.11.2.2 Joint notice with the federal permitting agency or with other state agencies, when consistent with the procedures herein and practical to facilitate processing of the application; and

5.11.2.3 Selected mailings of a copy of the public notice of application to state, county, or municipal authorities and other parties known to be interested in the matter, including the applicant, any agency with jurisdiction over or interest in the activity or disposal site and the owners or residents of property who would be reas

ein and practical to facilitate processing of the application; and

5.11.3 The public notice of application shall provide a reasonable period of time, not less than 15 days from the date of notice, within which interested persons may submit additional information and comments on the application for certification to the Department.

5.11.4 The public notice shall:

5.11.4.1 Give a brief description of the location and nature of the proposed activity;

5.11.4.2 Provide instructions for submission of written comments and requesting a public hearing, if a hearing has not been scheduled; and

5.11.4.3 Specify the expiration date for the opportunity to comment.

5.12 Determination of Need for Public Hearing

5.12.1 The Department may hold a public hearing before issuing any water quality certification if:

5.12.1.1 The Secretary determines the activity requiring certification is of broad, general interest; or

5.12.1.2 The application for certification generated substantial public interest as indicated by written comments concerning water quality issues; or

5.12.1.3 The Secretary determines that such a hearing will be useful in reaching a decision on an application; or

5.12.1.4 The Secretary receives a written meritorious request to hold a public hearing; the request shall be deemed meritorious if it exhibits a familiarity with the application and a reasoned statement of the activity's probable impact.

5.12.2 Any person may request a public hearing during the public comment period. Requests shall be in writing and shall state the nature of the issues to be raised at the hearing

retary receives a written meritorious request to hold a public hearing; the request shall be deemed meritorious if it exhibits a familiarity with the application and a reasoned statement of the activity's probable impact.

5.12.2 Any person may request a public hearing during the public comment period. Requests shall be in writing and shall state the nature of the issues to be raised at the hearing.

5.13 Procedures for Public Hearing

5.13.1 Notice of Public Hearing. The notice of public hearing shall be published in a newspaper of general circulation in the county(ies) in which the activity is proposed and in a daily newspaper of general circulation statewide not less than 20 days before the hearing. The notice of public hearing shall include:

5.13.1.1 A brief description of the project or activity;

5.13.1.2 Information concerning the date, time and location of the public hearing; and

5.13.1.3 A brief description of the nature of the written comments received or issues raised during the public comment period.

5.13.2 Any interested person shall be given an opportunity to present evidence for or against the granting of water quality certification at the public hearing.

5.13.3 Written comments shall be received by the Department until the close of the public hearing, unless the comment period is specifically extended at the hearing.

5.13.4 All public hearings shall be recorded. A copy of the transcript, if any, shall be made available for public inspection.

5.13.5 The public comment period on an application shall automatically be extended to the date of the hearing. Further extensions may be granted at the discretion of the hearing officer.

5.13.6 The Department will coordinate with other regulatory agencies and conduct joint public hearings where feasible.

5.13.7 All reasonable costs for proceedings held pursuant to these regulations shall be assessed to the applicant

omment period on an application shall automatically be extended to the date of the hearing. Further extensions may be granted at the discretion of the hearing officer.

5.13.6 The Department will coordinate with other regulatory agencies and conduct joint public hearings where feasible.

5.13.7 All reasonable costs for proceedings held pursuant to these regulations shall be assessed to the applicant.

Part III - Certification Determinations

5.20 Criteria for Certification

5.20.1 The Department shall provide water quality certification where the applicant has provided reasonable assurance that the activity will be conducted in a manner which will not violate State water quality standards. Certification will be denied if such assurance cannot be provided. The Department may issue a certification with conditions, including effluent or other limitations and monitoring requirements, that will provide such assurances.

5.20.2 Where appropriate, any certification issued by the Department shall specify that the discharge will comply with the applicable provisions of §301, 302, 303, 306, and 307 of the federal Clean Water Act.

5.20.3 It is the applicant's responsibility to provide information to the Department to show that State water quality standards will be met.

In assessing a project's compliance with water quality standards, the applicant shall address and consider all potential environmental impacts of the project, both direct and indirect, present and future, including but not limited to:

5.20.3.1 impact on existing or designated uses;

5.20.3.2 impacts on the physical, chemical, and biological characteristics of the receiving waters' aquatic ecosystem;

5.20.3.3 effects on hydrology, circulation patterns and water movement;

5.20.3.4 secondary impacts; and

5.20.3.5 cumulative effects.

5.21 Issuance of Certification

5.21.1 Issuance of water quality certification does not relieve the applicant of his responsibility to comply at all times with federal and state law

, chemical, and biological characteristics of the receiving waters' aquatic ecosystem;

5.20.3.3 effects on hydrology, circulation patterns and water movement;

5.20.3.4 secondary impacts; and

5.20.3.5 cumulative effects.

5.21 Issuance of Certification

5.21.1 Issuance of water quality certification does not relieve the applicant of his responsibility to comply at all times with federal and state law.

5.22 Notice of Decision

5.22.1 The Department shall prepare a document which summarizes its certification decision, including any conditions. The Department shall provide notice of its decision by mailing a copy of the certification, including any conditions, to the following: the applicant, the EPA Regional Administrator or other federal official responsible for issuing the federal license or permit and those persons who provided comments on the application.

5.23 Conditions. Pursuant to §401(d) of the federal Clean Water Act, any certification conditions shall become conditions of the federal permit or license.

5.24 Timing. Pursuant to §401(a)(1) of the federal Clean Water Act, the Department is required to issue or deny certification for federal permits or licenses within a reasonable period of time not to exceed one (1) year of acceptance of a completed application unless processing of the application is suspended by the federal permitting or licensing agency. If the federal permitting or licensing agency suspends processing of the application, suspension of processing of application for certification will also occur unless specified otherwise in writing by the Department.

5.25 Appeal of Final Decision

5.25.1 Any person whose interest is substantially affected by any action of the Secretary pursuant to these regulations may appeal to the Environmental Appeals Board as per 7 Del.C. §7210 or §6008 . The appeal shall:

5.25.1.1 Be filed within 20 days of the publication or announcement of the final decision; and

5.25.1.2 Specify, in writing, the reason why the final determination should be reconsidered

5.1 Any person whose interest is substantially affected by any action of the Secretary pursuant to these regulations may appeal to the Environmental Appeals Board as per 7 Del.C. §7210 or §6008 . The appeal shall:

5.25.1.1 Be filed within 20 days of the publication or announcement of the final decision; and

5.25.1.2 Specify, in writing, the reason why the final determination should be reconsidered.

5.25.2 Any further appeal shall be in accordance with 7 Del.C. Ch. 60, §6009 .

Part IV - Statewide Water Quality Certification For Specified Categories Of Activities Requiring A Federal License Or Permit (Reserved)

6.0 The National Pollutant Discharge Elimination System (NPDES) Program 1

Part I - General

6.1 Purpose and Scope

6.1.1 The following regulations delineate the authority and general procedures to be followed in connection with the Department's administration of the National Pollutant Discharge Elimination System (NPDES) Program and specifically, the processing of any NPDES permits issued by the Secretary authorizing discharges of pollutants into State waters during the periods that the Secretary may be authorized to issue such permits pursuant to §§ 402, 318, and 405 of the Act. During any periods in which the Secretary may not be authorized to issue such permits pursuant to §§ 402, 318, and 405 of the Act, these regulations shall remain in full force and effect with respect to any certificates or permits authorizing discharges of pollutants into State waters issued by the Secretary pursuant to 7 Del.C. Ch. 60 .

6.1.2 The NPDES Program requires a permit for the discharge of a "pollutant" or combination of pollutants from any "point source" to "State waters". The terms "pollutant", "point source" and "State waters" or "waters of the State" are defined in § 2.0

respect to any certificates or permits authorizing discharges of pollutants into State waters issued by the Secretary pursuant to 7 Del.C. Ch. 60 .

6.1.2.1 Animal feeding operations that meet the criteria for a concentrated animal feeding operation (CAFO) specified in Appendix B to 40 CFR Part 122;

6.1.2.2 Aquaculture or aquatic animal production facilities that meet the criteria specified in Appendix C to 40 CFR Part 122; (Aquaculture or aquatic animal production facilities that product 2,000 lbs or more harvest weight fish or aquatic animals per year must secure a permit under State law for any discharge to State waters.)

6.1.2.3 Discharges into aquaculture projects as set forth in § 6.63;

6.1.2.4 Storm water discharges associated with industrial activities as set forth in § 9;

6.1.2.5 Storm water discharges from the municipal separate storm sewer system located in New Castle County;

6.1.2.6 Silvicultural point sources as defined in § 2.123.

6.2 Prohibition of Discharges into State Waters

6.2.1 No person shall discharge any pollutant, including sewage, industrial wastes, solid wastes, other wastes or any noxious or deleterious substance, into, or adjacent to waters of the State or otherwise alter the physical, chemical, or biological properties of State waters and make them detrimental to the public health, or to animal or aquatic life, or to the use of such waters for domestic or industrial consumption, or for recreation or for other uses, without a permit or equivalent authorization from the Secretary

s or deleterious substance, into, or adjacent to waters of the State or otherwise alter the physical, chemical, or biological properties of State waters and make them detrimental to the public health, or to animal or aquatic life, or to the use of such waters for domestic or industrial consumption, or for recreation or for other uses, without a permit or equivalent authorization from the Secretary.

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

6.3 Exclusions

6.3.1 The following discharges do not require a NPDES permit:

6.3.1.1 Any discharge of sewage from vessels, effluent from properly functioning marine engines, laundry, shower, and galley sink wastes, or any other discharge incidental to the normal operation of a vessel. This exclusion does not apply to rubbish, trash, garbage, or other such materials discharged overboard; nor to other discharges when the vessel is operating in a capacity other than as a means of transportation such as when a vessel is being used as an energy or mining facility, a storage facility, or a seafood processing facility or when secured to a storage facility or a seafood processing facility, or is secured to the bed of the ocean, contiguous zone, or State waters for the purpose of mineral or oil exploration or development;

6.3.1.2 Discharges of dredged or fill material that are regulated under § 404 of the Act;

6.3.1.3 The introduction of sewage, industrial wastes or other pollutants into a treatment works by indirect dischargers, unless the Secretary determines that such permit is necessary to protect the treatment works' interests and to ensure compliance with the Act, with 7 Del.C. Ch

exploration or development;

6.3.1.2 Discharges of dredged or fill material that are regulated under § 404 of the Act;

6.3.1.4 Any discharge in compliance with the instructions of an on-scene coordinator pursuant to 40 CFR Part 300 (The National Oil and Hazardous Substances Pollution Contingency Plan) or 33 CFR Part 153, §153.10(e) (Pollution by Oil and Hazardous Substances);

6.3.1.5 Return flows from irrigated agriculture; and

6.3.1.6 Any introduction of pollutants from non-point source agricultural and silvicultural activities, including storm water runoff from orchards, cultivated crops, pastures and forest lands, but not discharges from aquaculture or aquatic animal production facilities that produce 2,000 lbs or more harvest weight fish or aquatic animals per year, discharges to aquaculture projects, discharges from concentrated animal feeding operations (CAFOs) or discharges from silvicultural point sources.

6.3.2 Nothing herein shall affect the authority of the Secretary to require a permit, certification or equivalent authorization under any applicable provisions of the Law or Act.

Part II - NPDES Permit Application and Issuance

6.10 Application for NPDES Permits

6.10.1 Any person who discharges or proposes to discharge pollutants from any point source subject to NPDES program requirements and who does not have an effective permit or equivalent authorization from the Secretary shall submit a complete application to the Department in accordance with this section. Application for a NPDES permit shall be made by the person responsible for the overall operation of the facility or activity generating the discharge, in the manner and form prescribed by the Secretary

S program requirements and who does not have an effective permit or equivalent authorization from the Secretary shall submit a complete application to the Department in accordance with this section. Application for a NPDES permit shall be made by the person responsible for the overall operation of the facility or activity generating the discharge, in the manner and form prescribed by the Secretary. Applications are not required for NPDES permit coverage under the General Permit Program ( § 9).

6.10.2 Persons currently discharging who have:

6.10.2.1 Existing permits shall submit a new NPDES application as specified under subsectin 6.10.3 when facility expansions, production increases, or process modifications will:

6.10.2.1.1 Result in significantly new or substantially increased discharges of pollutants or a significant change in the nature of the discharge of pollutants, or

6.10.2.1.2 Violate the terms and conditions of the existing permit;

6.10.2.2 Expiring permits shall submit new applications at least 180 days before the expiration date of the existing permit, unless permission for a later date has been granted by the Secretary. The Secretary shall not grant permission for applications to be submitted later than the expiration date of the expiring permit.

6.10.3 Any person proposing:

6.10.3.1 an increased discharge or a change in the nature of the permitted discharge as outlined in paragraph b.1;

6.10.3.2 a new discharge; or

6.10.3.3 a new source

6.10.3.4 Shall submit an application for a NPDES permit at least 180 days prior to commencing the new, changed or increased discharge or the erection, construction, facility expansion, increased production or employment of new processes associated with such application. Within that 180 day period, the Secretary may prohibit such commencement until a NPDES permit is issued or the existing permit modified, or revoked and reissued. In no case, however, shall any discharge from said facilities commence prior to the issuance of a NPDES permit

ection, construction, facility expansion, increased production or employment of new processes associated with such application. Within that 180 day period, the Secretary may prohibit such commencement until a NPDES permit is issued or the existing permit modified, or revoked and reissued. In no case, however, shall any discharge from said facilities commence prior to the issuance of a NPDES permit.

6.10.4 Any application for a NPDES permit to discharge any pollutant or combination of pollutants, including sewage, industrial wastes, or other wastes, to State waters shall be accompanied by plans, specifications, maps, quantitative data and such other relevant information as may be required to describe the nature of the activity(ies) generating the proposed discharge(s) and the characteristics thereof. At a minimum, the applicant shall provide the information outlined in 40 CFR 122.21 or 122.26, as appropriate.

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

6.11 Identity of Signatories to NPDES Forms

6.11.1 All permit applications shall be signed as follows:

6.11.1.1 For a corporation, by a principal executive officer of at least the level of vice president or other person who performs similar policy or decision-making functions for the corporation;

6.11.1.2 For a partnership or sole proprietorship, by a general partner or the proprietor, respectively; or

6.11.1.3 For a municipality, State, Federal or other public facility, by either a principal executive officer or ranking elected official

al executive officer of at least the level of vice president or other person who performs similar policy or decision-making functions for the corporation;

6.11.1.2 For a partnership or sole proprietorship, by a general partner or the proprietor, respectively; or

6.11.1.3 For a municipality, State, Federal or other public facility, by either a principal executive officer or ranking elected official.

6.11.2 In addition to the signatories required in paragraph a above, any NPDES permit application for the operation of and discharge from any wastewater facility or treatment works shall be signed by the operator in direct responsible charge of the wastewater facility or treatment works. In the event of multiple operators in direct responsible charge (DRC) of a given facility (for example, operators in direct responsible charge of an operating shift, or of a major segment of the system or facility), the signatory shall be the person in direct responsible charge of the entire wastewater facility, or that person's designee.

6.11.3 All other forms or requests for information required by the Secretary shall be signed by a person designated in paragraph a or a duly authorized representative or agent of such person (either an individual or position), if:

6.11.3.1 The representative so authorized is responsible for the overall operation of the facility from which the discharge originates, e.g., a plant manager, superintendent or person of equivalent responsibility; and

6.11.3.2 The authorization is made in writing by the person designated under paragraph a and submitted to the Secretary.

on is made in writing by the person designated under paragraph a and submitted to the Secretary.

6.11.4 In addition to the signatories required in c above, any NPDES discharge monitoring report (DMR) submitted to the Secretary for any discharge(s) from a wastewater facility or treatment works shall be signed by the operator in direct responsible charge of the wastewater facility or treatment works. In the event of multiple operators in direct responsible charge (DRC) of a given facility (for example, operators in direct responsible charge of an operating shift, or of a major segment of the system or facility), the signatory shall be the person in direct responsible charge of the entire wastewater facility, or that person's designee.

6.11.5 Any changes in the written authorization submitted to the Secretary under paragraph c which occur after the issuance of a permit, shall be reported to the Secretary by submitting a copy of a new written authorization which meets the requirements of § 6.11.3.1 and 6

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