Surface Water Discharges Section
The Surface Water Discharges section Issues permits for municipal and industrial wastewater treatment systems (including storm water), sludge management, and construction permits for wastewater transport and treatment. Technical assistance is provided directly to wastewater treatment facilities to help address operational problems. The section also provides support to the Board of Certification that licenses, and to the Environmental Training Center that trains wastewater treatment plant operators.
Direct Surface-Water Discharge Program
Under both state and federal laws and regulations, any discharge of pollutants from a point source to State surface waters is unlawful unless sanctioned by a permit. Such permits are administered under the National Pollutant Discharge Elimination System (NPDES). The fundamental goal of an NPDES permit is just that, to eliminate discharge of pollutants.
The U.S. EPA has delegated authority to the Department of Natural Resources and Environmental Control to administer the NPDES permit program in Delaware. Section 402 of the federal Clean Water Act, as amended, and the Delaware Code of Law, Title 7, Part VII, Chapter 60, “Environmental Control," provide the authority for Delaware’s NPDES permits. Federal and state regulations promulgated pursuant to these statutes are the regulatory bases for permit issuance. Within the Division of Water Resources, the Surface Water Discharges Section (SWDS) is responsible for administering the NPDES program in Delaware. Also, the Delaware River Basin Commission (DRBC) has regulations that apply to NPDES dischargers to the Delaware River Watershed.
An NPDES permit legally sanctions the discharge of substances that may become pollutants. However, the NPDES permit is designed to limit the discharge of those substances so that there will be no adverse effect on the quality of the receiving waters or interference with the designated uses of those waters. The health of a water body is measured by its attainment of designated uses. If potential pollutants in a NPDES discharge are reduced to levels that allow receiving waters to meet applicable designated uses then, in effect, the pollutant discharge has been eliminated. For example, a freshwater stream could have designated uses of “protection of aquatic life” and (human) “drinking water”. A chloride discharge to that stream is a pollutant since it could adversely affect freshwater organisms and drinking water quality. The same chloride discharge is likely not a pollutant when discharged into a saltwater body. Saltwater species are accustomed to chlorides and the water body is not used for human drinking water.
NPDES – Individual Permits
Delaware’s individual NPDES permittees each have a permit specifically written for their site. Individual permittees are usually municipal sewage treatment or industrial plants that discharge wastewater to surface waters of Delaware. The NPDES permit specifies limitations, monitoring requirements, and other terms and conditions that the permittee must meet in order to be allowed to discharge.
NPDES - General Permit for Industrial Storm Water Runoff
Storm water discharges from facilities engaging in certain industrial activities, as determined by a facility’s Standard Industrial Classification (SIC) code, are point source discharges of pollutants and are subject to the General Industrial Storm Water Permit Program as required by the State of Delaware Regulations Governing Storm Water Discharges Associated with Industrial Activities.
The main focus of the General Industrial Storm Water Permitting Program is to prevent the contamination of storm water runoff from a facility by properly handling and storing materials. Regulated facilities can obtain permit coverage by submitting a Notice of Intent (NOI) Form or a “No Exposure” Certification Form. Approval of the NOI Form covers a facility under the regulations and requires a facility to comply with all requirements outlined within; whereas approval of the "No Exposure" form covers a facility under the regulations, but waives a facility from complying with the Monitoring and Storm Water Plan Requirements of the regulations. "No Exposure" means that all industrial materials and activities are protected by storm resistant shelter to prevent exposure to rain, snow, snowmelt and/or runoff.
The SWDS notifies the public whenever it proposes significant changes in an NPDES permit. For the NPDES permit process, regulations require public notice for a decision to issue, re-issue, or deny an application for an NPDES permit, as well as decisions to modify permit terms or conditions. The public is given an opportunity to comment on the draft permit showing the proposed changes, and have a voice in reaching a final decision.
Permits for Land Application of Sludge
In addition to wastewater, wastewater facilities often generate a waste sludge solid that is also an NPDES discharge under federal and state regulations.
Construction Permits
The Surface Water Discharges section also issues construction permits for facilities that will transport, generate, or treat wastewater. These permits include municipal and industrial facilities, plus residential developments because of their sewage collection and transport systems. The intent of the construction permits is to ensure that facilities are properly designed to prevent discharge of untreated wastewater to the environment.
Compliance
Each NPDES permit includes requirements that the discharger must collect representative samples of the discharge, analyze specified parameters, and report the results. Surface Water Discharges Section staff review the data submitted, conduct their own surveillance and monitoring program, and provide both assistance and oversight to ensure facilities regain or maintain compliance. Individual permittees must report monitoring results monthly, using the Discharge Monitoring Report (DMR) form developed specifically for each facility and test methods specified by federal regulations.
The DMR lists parameters in the discharge that have a reasonable potential to cause or contribute to water quality problems in receiving waters. Example parameters are temperature, total suspended solids (TSS), 5-day biological oxygen demand (BOD5), dissolved oxygen, pH, copper, oil & grease, benzene, and PCBs. Although DMRs are submitted monthly, actual monitoring frequency ranges from continuously to once per year, depending on the sensitivity of the receiving waters, the discharge’s characteristics, and its volume relative to the receiving waters.
Contact Information for Surface Water Discharges Section:
Section Manager: R. Peder Hansen, P.E.
Phone: 302-739-9946
Email: Peder.Hansen@state.de.us
Mailing Address:
DNREC, Division of Water Resources
Surface Water Discharges Section
89 Kings Highway
Dover, DE 19901
Phone: (302) 739-9946
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