Delaware Coastal Management Program

Comprehensive Updateand

Routine ProgramImplementation

March, 1993

Program SummarySupplement to1979 Document

Program Contact:Sarah W. Cooksey

The Delaware Coastal Management Program I Administrator, DCMPP.O. Box 1401 I

Dover, DE19901 I (302)739-4411

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Delaware Coastal Management Policies

Contents

Program Summary........................................ 1 Management...................................... 27.' „ ^ . General CMP Policies for

Introduction to Federal Consistency ............3 Subaqueous Lands and CoastalApplicability of Consistency Provisions ......3 StriP Management ...................... 27

Specific CMP Policies forProcedures for Federal Consistency Subaqueous Lands and Coastal

Reviews ....................................................4 Strip Management ...................... 28Direct Federal Activities and 5.A.5. CMP Policies for Borrow Pits............ 34

Development Projects ....................4Federal Licenses and Permits .............. 5 Areas Of Special Interest............................ 35Federal Assistance to State and Local 5.B.I. "Public Lands" Management............ 35

Governments.................................. 8 General CMP Policies for "PublicOCS Exploration, Development and Lands" Management .................. 35

Production Activities ......................9 5.B.2. Natural Areas Management................ 35Appeals and Secretarial Review General CMP Policy for Natural Areas

Relative to Federal Consistency.... 11 Management................................ 35Specific CMP Policies for Natural Areas

Chart: Federal Licenses and Permits Subject Management 36to Consistency Review .......................... 12 5 B 3 j ^ AreaTM'ana'gement I!!! 37

Resources Subject to Management ............ 13 General CMP Policy for Flood Hazard5.A.I. Wetlands Management........................ 13 A*6™ Management...................... 37

General CMP Policies for Wetlands Specific CMP Policies for Flood HazardManagement................................ 13 A*688 Management...................... 37

Specific CMP Policies for Wetlands 5-B-4-Port of Wilmington Management ...... 38Management................................ 14 General CMP Policy for Port of

5.A.2. Beach Management............................ 15 Wilmington Management............ 38General CMP Policies for Beach Specific CMP Policies for Port of

Management................................ 15 Wilmington Management............ 385.A.3. Coastal Waters Management .............. 18 other Areas Of Interest.............................. 39

General CMP Policies for Coastal 5 c L Woodiands d Agricultural LandsWaters Management .................... 18 Policies 39

Specific CMP Policies for Coastal CMp Woodlands Polky!!.!!!!!..!!!.'.!!!!! 39Waters Management.................... 18 CMp Agricultural L Policies...... 39

CMP Policies Specific to Marinas ....25 5C2 CMp Historic aad Cultural Areas5.A.4. Subaqueous Lands and Coastal Strip Policies 39

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ii Delaware Coastal Management Policies

5.C.3. CMP Living Resources Policies.......... 39 5.D.8. CMP Policies for Air Quality5.C.4. CMP Mineral Resource Policy............ 40 Management .................................... 455.C.5. CMP State Owned Coastal Recreation 5.D.9. CMP Policies for Water Supply

and Conservation Lands Policy.......... 40 Management .................................... 485.C.6. CMP Public Trust Doctrine Policy...... 40 Specific CMP Policies for

Construction of Water Wells ...... 48Development Issues ....................................41 5.D. 11. CMP Policies for Waste Disposal.... 495.D.2. CMP Development Policies................ 41 Specific CMP Policies for On-Site5.D.3. Energy Facilities ................................ 41 Wastewater Treatment and

Specific CMP Policies for Petroleum Disposal Systems ........................ 49Refineries .................................... 42 Specific CMP Policies for Land

Specific CMP Policies for Deepwater Treatment of Wastes.................... 50'Ports ............................................ 42 Specific CMP Policy for Disposal

Specific CMP Policies for OCS Oil of Solid Wastes .......................... 52and Gas Facilities ........................ 42 Specific CMP Policies for

Specific CMP Policies for Gas Hazardous Waste Management.... 54Plants .......................................... 42 General CMP Policies

Specific CMP Policies for Liquified for Underground Storage TankNatural Gas (LNG) Facilities ...... 43 Systems ...................................... 56

Specific CMP Policies for Power Specific policies for UST systemsPlants .......................................... 43 used for the storage of Petroleum

5.D.4. Public Investment Policies.................. 43 Substances .................................. 585.D.5. CMP Policies for Recreation and Specific policies for UST systems

Tourism ............................................ 44 for the storage of Hazardous5.D.6. CMP Policies for National Defense Substances .................................. 59

and Aerospace Facilities.................... 44 5.E. Coastal Management Coordination5.D.7. CMP Policies for Transportation Policies ............................................ 60

Facilities............................................ 45

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Delaware Coastal Management Policies

Delaware's Coastal Zone Management AreaSince Delaware is a small state, one in which almost every water body is connected to coastal

waters, the entire state is included in Delaware's Coastal Zone Management Area.

Program Summary

1.0 Background 2.0 Program Growth : 1979The Coastal Zone Management Act (CZMA) through 1992

was signed in 1972 (P.L. 92-583) and signifi- c. in_n ® , .. . . . . _ . ,cantly amended in 1976 (P.L. 94-370). The Act u SmCe 1979'the f°U°™* f 6 <**«»and its 1976 amendments affirmed a national have occurred, at the federal as well as state level,interest in the effective protection and develop- f f ** C°a!! ™ maf afment Pro :mem of the coastal zone. L Nationf ™ «£ Atmosphenc Ad--m. iri-7-./~.r™>rA i. • j i. T- j i , ministration s (NO AA) Office of Coastal ZoneThe 1972 CZMA authorized the Federal Grant- x, /X ™,/, u j u., L j . . j, , „ Management (OCZM) has been renamed as thein-aid program to be administered by the Secre- XT/-x AI /- r- */-» j /-. i«/o T-U • j NOAA Office of Ocean and Coastal Resourcetary of Commerce. They in turn appointed the x,0 0 w . /-rir,r,A,rvXT • i /-\ • j A i. • f i . . Management (OCRM).National Oceanic and Atmosphenc Admimstra- * r™ T^ i j • • •*: » /XT/-\ A A \ /-vrr r <-. i r, ** 2. The Delaware administering agency was reas-tion's (NOAA) Office of Coastal Zone Manage- . ,. 1001 - - M JL/ ' ..*/r\n-yA*\ *i, -ui u • r i. signed in 1981 from the Office of Manage-ment (OCZM) as the responsible authority for the » » j * j™ • I. T N I/™,x.; or,C/r i. A • u • • j ment» Budget and Planmng to the DelawareCZMA. OCZM was charged with assisting, and Departmentof Natural Resources andEnviron-encouraging coastal states to voluntarily develop memal Cm mKEQand implement rational programs for managing ., _ _ , , . , , ,their coastal areas. Many of Delaware s environmental laws andT in™ .u rx i /-i i >» regulations which existed in 1979, have beenIn 1979, the Delaware Coastal Management . , ,, ,,. , j A ,r. JT7- IT? • IT o amended and/or new ones estabhshed. As a result,Program and Final Environmental Impact State- T-mmt. j . j j/ j i j *. ,n-,n i-* /T xyrn/tTCTex jt. t. DCMP has updated and/or deleted the 1979 poh-ment (DCMP/FEIS) was prepared through a co- - ,. , A11 ,. U1 . ril«. , J-v^Tk, j t o ^ cies accordingly. All applicable environmentaloperative effort between OCZM and the State of , ,v i.- u u u w u jr-Ti > ^«r r>* r, j j laws or regulations which have been estabhshedDelaware s Office of Management, Budget and 0. , n-o , , , . j r™..m • /rvv/ram TU \>TDD * i • smce 1979 nave also Deen incorporated. ThisPlanning (OMBP). The OMBP, at that time, was T J * J T X . T • i x ^ j . j, ^ . & ._' .,. ' . . . . Routine Program Implementation updates and

theDelaw officeresponsibleforadministermg revises DCMP PoMes as weU as our Federal^ fjfo ^ , r, , Consistency Procedures. Theresultis anew work-The 1979 document estabhshed the Delaware ingdocument containing policies and procedures

Coastal Management Program (DCMP), as well to be utiUzed during federal consistency reviews.as its goals and policies. The DCMP and itspolicies were developed in accordance with 15CFR Part 923 as revised and published, March 1,1978 in the Federal Register.

2____Delaware Coastal Management Policies3.0 Routine Program Tne DCMP nas initiated this Routine Program" . Implementation (RPI) in response to the follow-

ImplementatlOn ing necessary actions presented by OCRM as aSection 312 of the Coastal Zone Management result of their Section 312 evaluation of our pro-

Act of 1972, as amended, requires NOAA's Of- gram:fice of Ocean and Coastal Resource Management 1. The State must review and update the existing(OCRM) to conduct a' 'continuing review'' of the DCMP Program Document by:coastal zone management programs. The most a. initially preparing a Program Summary up-recent Section 312 review of the DCMP covers the dating the program's enforceable policiesperiod from May 1989 through December 1991. by March 15,1993; andSix recommendations were made by OCRM in b. subsequently revising the Program Docu-their Final Evaluation Findings for the State of ment to reflect the cumulative changes inDelaware's Coastal Resource Management Pro- programs and priorities since 1979.gram. Four were necessary actions which are 2. DNREC must revise its Federal Consistencymandatory, the remaining two were program procedures to conform to the CZMA regula-suggestions which are not mandatory. tions.

Delaware Coastal Management Policies 3

Introduction to Federal ConsistencyThe Federal Coastal Zone Management Act of federal actions.

1972 as amended (CZMA) (16 USC §§1451 to 3. Identify federal actions which could ad-1464) provides that each federal agency conduct- versely affect coastal resources, generaling or supporting activities, whether within or land use patterns, or public investmentoutside the coastal zone, affecting any land or requirements.water use or natural resource of the coastal zone, 4. Provide for an examination of federal ac-must do so in a manner which is, to the maximum tions in the context of the goals, objectives,extent practicable, consistent with Delaware's and policy network contained in theCoastal Management Program (DCMP). DCMP.In addition, federal permits and licenses, outer Consistency offers Delaware's state agencies,

continental shelf (OCS) plans, and grants-in-aid through the DCMP housed in the Department ofwhich may affect Delaware's coastal zone man- Natural Resources and Environmental Control,agement area must be consistent with the DCMP. Division of Soil & Water Conservation, an oppor-The federal consistency provisions are intended to tunity for a positive voice in federal actions. Itprovide a means for improved federal-local coor- ensures that state concerns and policies will bedination regarding important federal actions which considered by federal agencies in federal develop-could affect the DCMP. ment projects, the issuance of federal licenses andConsistency reviews enable the State to: permits, the approval of OCS plans and programs,1. Plan for and manage impacts resulting and the award of federal grants, loans, subsidies,from a federal project, permit or program. insurance, or other forms of federal aid.

2. Provide for analysis of the effects of

Applicability of Consistency ProvisionsSections 307(c) and (d) of the CZMA provide 3. No federal agency shall grant a license or

that: permit for any activity described in detail1. Federal activities and development proj- in an OCS plan which affects any land orects affecting any land or water use or water use or natural resource in the coastalnatural resource of Delaware's coastal zone until the DCMP concurs with the cer-zone management area shall be conducted tification of consistency made by the personconsistent with the DCMP to the maximum submitting the OCS plan, except upon anextent practicable. override by the Secretary of Commerce.

2. No federal license or permit shall be See section on Secretarial appeals.granted until: a) the DCMP has concurred 4. Federal agencies shall not approve pro-with the applicant's certification; or until, posed assistance projects to state and localb) by the DCMP's failure to act, consis- governments that affect the coastal man-tency is conclusively presumed; or, c) on agement area and are inconsistent with theappeal to the Secretary of Commerce, the DCMP, except upon an override by theSecretary overrides the state's objection. Secretary of Commerce. See section onSee section on Secretarial appeals. Secretarial appeals.

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4____Delaware Coastal Management Policies

Procedures for Federal Consistency ReviewsDirect Federal Activities and practicable with the DCMP. The term

_ _ _ . 'maximum extent practicable' describesDevelopment Projects ^ requirement for federal activities to be

Federal agencies proposing activities and devel- fully consistent with such programs unlessopment projects must submit a consistency deter- compliance is prohibited based upon theruination to the DCMP where such projects are requirements of existing law applicable tolikely to affect Delaware's coastal zone manage- the federal agency's operations. See 15ment area. Under federal regulations this includes CFR §930.32.all functions of a federal agency performed by it or b. An evaluation of the relevant enforceableon its behalf, including: planning, construction, policies of the DCMP.modification, or removal of public works, facili- c. A detailed description of the proposedties, or other structures, and the acquisition, utili- action, its associated facilities and theirzation, or disposal of land or water resources. See combined coastal zone effects.15 CFR §930.31. d. Relevant data and information, includingA flow chart which summarizes the consistency time schedules, sufficient to support the

review process is provided as Appendix A. The federal consistency determination.following procedures apply to federal activities Consistency determinations should be sent to:and development projects: DEFT. OF NATURAL RESOURCE & ENVIRONMENTAL

CONTROL DIVISION OF Son, & WATER CONSERVATION1. Notification DELAWARE COASTAL MANAGEMENT PROGRAMFederal agencies mustprovide the DCMP, at the P'°-Box 1401

earliest practicable time, with consistency deter- ^ SnJf lSiiminations for all proposed federally conducted or (3 } 73SM411supported activities directly affecting the coastal 2. State Reviewzone management area. Such consistency deter- Pursuant to 15 CFR §930.41, the DCMP shallminationsmustbereceivedatleast90daysbefore info ±& federal agency of its agreement orthefederalactivityordevelopmentprojectreaches disagreement with the federal agency's consis-a final decision stage likely to restrict the consid- tency determination at the earliest practicableeration of alternative approaches or measures. In ^ -j rcsponse t win not exceed 45 daysa limited number of cases, federal agencies must following receipt of federal notification unless analsosubmitaconsistencydeterminationforongo- extension has been granted.ing activities initiated prior to approval of the Upon receipt of a federal consistency determi-DCMP. See 15 CFR §930.38. nation Ae DCMp wiu notify those agencies dThe consistency determination from the federal individuals with the expertise to properly review

agency must contain: the federal activity or development project. Thea. A brief statement indicating how the DCMP shall be responsible for coordinating theproposed action will be undertaken in a review, compiling comments, and responding tomanner consistent to the maximum extent the federal agency.

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Delaware Coastal Management Policies s3. DCMP Objection to a Consistency Federal Licenses and PermitsDetermination Activities requiring a federal license or permitIn the event the DCMP disagrees with the fed- are subject to consistency when the activities,

eral agency's consistency determination, a notifi- whether in or outside the coastal zone, are likelycation will be sent to the affected federal agency to affect any land or water use or natural resourceand to the Director of the federal Office of Ocean of Delaware's coastal zone management area.and Coastal Resource Management (OCRM), Applicants for federal licenses or permits mustNational Oceanic and Atmospheric Administra- certify to the permitting federal agency and thetion (NOAA). The notification shall: DCMP that the proposed project will be con-

a. Describe how the proposed activity is ducted in a manner consistent with the enforce-inconsistent with specific enforceable able policies of the DCMP. Proposed activitiespolicies of the management program. subject to this section include those requiring fed-

b. Identify alternative measures, where eral authorizations, certifications, approvals, orfeasible, which would make the proposed other forms of permission granted by any federalaction consistent. agency to an applicant, except OCS leases and

c. Describe the nature and necessity of addi- federal agencies permit applications for federaltional information that may be required for permits which are covered separately.making a consistency determination if the Pursuant to 15 CFR §930.53(b), the DCMP hasobjection is based on insufficient informa- prepared a list of those federal licenses and per-tion- mits which are considered to "affect the coastal

Whenever the DCMP objects to a consistency ZOne". No federal license or permit described ondetermination, the DCMP will attempt to resolve this list (see Chart, page 12) can be granted untilits concerns with the federal agency. However, in after the applicant certificaties that the proposedthe event of a serious disagreement between a activity complies with and will be conducted in afederal agency and the DCMP, either party may manner consistent with the DCMP and the DCMPrequest formal mediation through the Secretary of concurs.Commerce as provided for in 15 CFR Part 930, A flow chart which summarizes the consistencySubpart G, or informal negotiations through OCRM. review process is provided as Appendix B. TheBoth processes are voluntary and non-binding. following procedures apply to federal licenses

4. Modification of Consistency *** permits:Determination Process 1. NotificationThe DCMP recognizes the need for flexibility in Federal agencies are required to inform appli-

this process, such as shorter review time, special cants for listed federal licenses and permits of theconsistency agreements, and waivers in the inter- applicant's responsibility for notification to theests of national security or overriding national State and submission of required, information andinterest. The DCMP, through direct negotiations a consistency certification. The notice and consis-with federal agencies, may agree to limit the tency certification shall comply with 15 CFRapplicability of consistency review based upon the §§930.57 and 930.58.scope, size, location or other characteristics of the Applicants should consult with the DCMP at theproposed federal action. earliest practicable time for assistance regarding

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6____Delaware Coastal Management Policiesthe DCMP policies applicable to the proposed d. Upon the applicants request, the DCMPproject shall provide assistance for developing theWhen satisfied that the proposed activity meets assessment and findings described in items

the federal consistency requirements, all appli- b and c above.cants for federal licenses or permits subject to The applicant's consistency certification, appli-consistency shall provide in the application to the cation for the federal license or permit and neces-federal licensing or permitting agency a certifica- sary data and information should be sent to:tion that the proposed activity complies with and DEPT. OF NATURAL RESOURCE AND ENVIRONMENTALwill be conducted in a manner consistent with the CONTROLState's approved management program. The ap- DIVISION OF SOIL AND WATER CONSERVATIONplicant'sconsistencycertificationshaUbeinletter DELAWARE COASTAL MANAGEMENT PROGRAMt „,, - j u t . j P.O. Box 1401format and be accompanied by the necessary data ^ DE199Q3 PHONE. (302) ?39.44nand information. The consistency certificationshall contain the following statement: 2. State Review

"The proposed activity complies with Pursuant to 15 CFR §930.60, State review of aDelaware's approved coastal management federal license or permit application is initiatedprogram and will be conducted in a man- upon receipt of the consistency certification andner consistent with such program." the necessary data and information as specified in

At the same time an application is submitted to 15 CFR §§930.57 and 930.58.the federal agency for a listed federal license or The review process is as follows:permit, the applicant shall transmit a copy of the a. Public Noticeapplication and consistency certification to the i. The DCMP will give at least 30 daysDCMP. public notice prior to response toThe applicant shall furnish the DCMP with consistency certification. In the event

necessary data and information along with the that a state permit is required for theconsistency certification. Such information and same activity, the DCMP will coordi-data shall include: nate the public notice with the state

a. A detailed description of the proposed permitting agencies requirements.activity and its associated facilities which ii. The notice shall describe the subjectis adequate to permit an assessment of matter of the certification review,their probable coastal zone effects. This including a summary of the proposedincludes, but is not limited to, maps, dia- activity and an announcement of thegrams, technical data, etc. availability of consistency certification

b. A brief assessment relating the probable and accompanying public information.coastal zone effects of the proposal and its iii. The notice shall request interestedassociated facilities to the relevant ele- parties to comment on the proposedments of the DCMP. activity.

c. A brief set of findings, derived from the iv. The notice shall provide the date, time,above assessment, indicating that the and place of any hearing to be held byproposed activity, its associated facilities, the DCMP and/or State permittingand their effects are all consistent with the agency.provisions of the DCMP. v. The notice shall be published in a

Delaware Coastal Management Policies 7minimum of two Delaware newspapers respond within six months from the commence-of general circulation. ment of review, concurrence shall be conclusively

vi. Public notice may be expanded in presumed. If a consistency decision has not beenproportion to the degree of likely public issued within 90 days of commencement of re-interest involved, the substantial com- view, the DCMP shall notify both the federalmitment of or impact on coastal re- permitting agency and applicant of the status andsources, the complexity or controversy provide justification for further delay.of the proposal, or for other good rea-sons. 4. Federal Action following Delaware

b. State Review Concurrence with a ConsistencyReview of consistency certifications and Certification

supportive information will be conducted jf DCMP issues a concurrence (or concur-by the DCMP. If a state permit is required rence js conclusively presumed) with the appli-for the same activity, the State permitting cants> consistency certification, the federal agencyagency's review of the permit applications may approve the application for a federal licensewill become part of the DCMP's consis- or permit (state permits may still be required).tency review.Consistency certifications and/or state 5. Federal Action following Delaware

permit applications will be reviewed to Objection to a Consistencydetermine whether or not: Certificationi. Sufficient information was submitted to A» ^ j • *u • i. • j, . . At any time during the six month review period,determine consistency. ., T\™/m u- ** *u • tlur.. „ , . . * . .. . the DCMP may object to the consistency certifica-11. The proposed activity by itself, or in tion Such ^ wm be<contained / a ^consideration with existing projects, notice from the DCMP to the applicant, the federalwould cause a violation of a Delaware ,„, ~. , r/ /-;™* r™. i- • •. . . j. , agency, and the Director of OCRM. The objectionstatute or regulation contained in the f «program, or result in an adverse impact U ~_:u u *u j ^f ,, , _ ^ . a. Describe how the proposed action isof an unacceptable nature as defined by . • » ,. • t. 1 * t_, ,-•, v y inconsistent with the enforceable policiesthe management program, Ct, t...A1 f ^& . ,...,. of the management program.

ir, Alternative measures exist, which if b T alternative measures, whereadopted by tiie applicant would permit feasiw which wQuld m&ke ^me proposed activity to be conducted in action consistent.a manner consistent with the DCMP. ^ ., .. . rc. Descnbe the nature and necessity of

3. Concurrence With a Consistency additional information required for makingr'nwtiftnn+inn a consistency determination if the objec-v crilllLalllin . , j . __ .. ,, . _ „ . tion is based on insufficient information.At the earliest practicable time following the o ** 8CFR93064fd

close of the public comment period the DCMP rf & ^ ^ f ^shall notify the applicant and the federal and/or ^ ^ ^ { ^ QIstate permitting agency whether u concurs or ndt>exC(^^^lqKmappcaltotoScciBtaiyafobjects to the consistency certification. Concur- Commerce) ±Q Secr oveirides DCMp,s ob_rence shaU be m writing. If the DCMP does not . on based upon a fmding mat proposed

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8____Delaware Coastal Management Policiesactivity is either consistent with the purposes of grant or contractual arrangements, loans, subsi-the CZMA or is in the interest of national security dies, guarantees, insurance, or other forms of(15 CFR Part 930, Subpart H). The State's objec- financial aid. An applicant agency means any unittion shall include a statement informing the appli- of state or local government which submits ancant of a right to appeal to the Secretary of application for federal assistance.Commerce. See section on Secretarial appeals.Regardless of DCMP's consistency decision or !• DCMP Consistency Provisionthe Secretary's decision in an appeal, the project Relative to Federal Assistancemay not commence until all necessary State per- Applications by state, county and municipalmils are obtained. agencies for federal assistance must be reviewed, _ , _ . „ . „_ . by the state Federal Aid Review Committee6. Modification of Consistency ^ ^ Additionally, all applications from gov-Certifica tion Process ernmental entities which receive State funds mustPursuant with 15 CFR §930.54 the DCMP, with be reviewed and approved by the Delaware State

assistance from federal agencies, may monitor Clearinghouse Committee (DSCC), a legislativelyother federal license and permit activities which mandated review body whose membership in-may reasonably be expected to affect Delaware's eludes representatives of the executive and legis-coastal zone management area, but which are not lative branches of State government. The DSCClisted in the DCMP. Delaware intends to monitor may veto applications and prevent their furtherunlisted federal license and permit activities through consideration by a federal agency. Other reviewsthe A-95 Process/State and Regional Clearing- are also required at the regional level for projectshouses, NEPA environmental impact statements, in New Castle County.and routine reporting of regional resource agen- To ensure consistency with the DCMP andcies. conform with NOAA regulations, DCMP willShould the DCMP determine that an unlisted review all federal assistance applications and make

license or permit activity could be reasonably the final consistency determination in consulta-expected to affect the coastal zone, notification tion with the PARC and the DSCC.will be sent to the appropriate federal agency, the In the event the DCMP objects to the applicantDirector of OCRM, and the applicant of theDCMFs agency's proposal on grounds of inconsistencyintent to review the activity for consistency pursu- with the DCMP, the objection must include theant to 15 CFR §930.54. reasons and supporting information for such ac-n j i A . n , tion. The DCMP will then notify the applicantt1 eaeral Assistance tO State and agency and the federal agency of the State's

Local Governments objection.Pursuant with 15 CFRPart930, SubpartF, state LState'S objecti°n notiflcation

and local governments submitting applications a'Descnbe how P posed project isforfederalassistanceaffectingDelaware'scoastal consistent with specific elements of the

, 11 _^r u x u i- management program.zone management area shall certify that the appli- , TJ * , ,&„. • * * -U. j. T ix>m T- j i b. Identify alternative measures, if any,cations are consistent with the DCMP. Federal ,. , ,, , , , .., , , which would make the proposed actionassistance means assistance provided under a . r r_ , , .. 1 . 1 . consistentFederal program to an applicant agency through

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Delaware Coastal Management Policies 9c. Describe the nature and necessity of Q£$ Exploration,additional information required for making .a consistency determination if the objec- Development and Productiontion is based on insufficient information. Activities

d. Describe the applicant's right to appeal to _ . , . . . . _ __„, D . „„ _ .the Secretary of Commerce. The federal regulations 15 CPR Part 930, Sub-

part E, provides that OCS plans submitted to the2. Modification of Consistency u-s- Secretary of the Interior for OCS explora-

Certification Process t*on' development and production, and all associ-TI, T\™jm -11 •* *• j i • ate(* federal licenses and permits described inThe DCMP will monitor federal assistance . ., . , _-,„ , , „ , ... . , .. u *u i • u detail in such OCS plans, shall be subject to aprojects and programs through the clearinghouse _. - . ,. , . . .. « ,. j ^ Tri. • • certification of their consistency with a State sreview process and othermeans. If the momtonng *

indicates that significant impacts on the State's C° management Pr°Sram-coastal resources have occurred or could occur ^ requirement aPPlies to=from federal assistance projects, a formal consis- a" Llcf sf . P™ ?cti™ 7hlch f de~tency review and determination pursuant to the scnbed m m *? ?CS Plan' su? as'federal regulations will be requested. In such Pemuts to f11' "ghts-of-use andcases,theDCMPwmnotifytheappUcantagency, easements for the construction and mainte-involved federal agencies, and the OCRM Direc- na of ctures' Platforms, gatheringtor of its intention to make such a determination. , T W ff.'Some federal assistance programs are not sub- b* OCS;re ated hce»ses «* f™' sufh as

ject to 0MB Circular A-95 nor to the review f°f "f C°mdOrS' 1S d!,Or,process required by the Delaware State Clearing- Other ures, transport of dredgedhouse Committee. In these cases the DCMP will mf nals' fs f™monitor program activity through the Federal " to *e ?ean,Y±r "Register, informal and formal federal agency tne uean Air Act oi iwu.contact, newsletters, State-local technical assis- A flow chart which summanzes the consistencytance projects, and other means. Where it is deter- review P1006881S Provlded as APPendlx B-mined that such programs could have a significant 1. OCS Activities Sub iect toimpact, the DCMP will review the federal pro- PnnsMpnrgram and, if appropriate, request that such federal . ^program be subject to the A-95/Clearinghouse , A certlficatlon of consistency for each activityreview and approval process. A formal consis- d™cnbed in detail in the OCS plan shall be at-tency certification may subsequently be required. teched to OCS Plan at *» h is submittedThe DCMP reserves the right to establish a to me Secretary of the Interior. No federal official

federal assistance program consistency list based « agency shaUgmnt any hcense or permit for anyoneitherorbothoftheprecedingevaluationsand vitydescnbed in detail in the OCS plan untilto implement the federal assistance consistency ^ Sfe eiyed such certification and plan

.,- . , 4, ... ., ,, together and until the State has concurred orcertification process and authorities provided by ° . . . ,15 CFR Part 930, Subpart F. conclusive concurrence is presumed.

10 ___ Delaware Coastal Management PoliciesOCS plan license and permit actions not de- 3. State Concurrence with Consistency

scribed in detail in the OCS plan are subject to the Certificationprovisions for federal licenses and permits. At earliegt practicable time me DCMP will2. Notification and Review Process notify Person» the Secretary of the Interior, andAny person submitting to the U.S. Secretary of ^ Director of OCRM whether it concurs with or

thelnterioranyOCSplanmustfurnishtheDCMP ob ts to the consistency certification. Concur-with a copy of the OCS plan certification. rence *** tate agency shaU be conclusivelyTin. *i e j «.u **i. j • •• j presumed in the absence of an objection within sixWhen satisfied that the proposed activities de- r ... r „ J „ _ Ci „•u A • A * M • *u rw-'o i * *u -c i months following commencement of State re-scnbed in detail in the OCS plan meet the Federal .viewconsistencyrequirements.theOCSlesseeoropera- _. ' __, ,„, . , , .. . , . „.

tor shaU declare in the consistency certification A Kthe DCMP has not issued a decision within 90jjj t. days followuig the beginning of review, it will

' -The proposed activities described in notify the applicant the Secrecy of the Interiordetail in this plan comply with Dela- " f of ?CR M °f ?? status of Aeware's approved coastal management ma"f *? baM ** fUr±*T ****' ,programandwmbeconductedinamanner If the State issues a concurrence or if conclusiveconsisted wH» such program." concurrence is presumed, the OCS lessee or op-

c _. . ,. . „ . erator will not be required to submit additionalSupporting information to accompany the certi- .- . j • • r -re« j .,,.,,... u • m. certifications and supporting information for Statefication shall include the comprehensive off shore, . , . -. j , ,. .nearshoreandonshoredataandmaterialrequired w at tiie time federd applications are actuallyby the Department of the Interior's operating f*?? *e P nnit activities descnbed inregulations governing exploration, development detai1 m OCS PlaiV H° r' *e lessee or,and production operations on OCS (30 CFR °perator m,ust supply D°MP c°Pies of§250.34). Information supplied must include an peraut aPP ca s to aUow the State to monitorassessment of the probable coastal zone effects, ** approved OCS actlvlties-and a set of findings indicating that the proposed 4. state Objection to a Consistencyactivities, their associated facilities, and then- Certificationcombined effects, are all consistent with the pro- T , , _ , . , _ ,„visions of the management program. *.?* evei" **Stt» objects to the OCS planT , „ *u * 11 1 i * certification, it will accompany its objection withIn order to ensure that all levels of government , . .. J . J, ., i UT r j u reasons and supporting information concerningand the general public are aware of and have an , . . // , , 6_ _ , , . . 6_*..»* i. , u T^™™ each activity which the State finds to be mconsis-opportumty to comment on such plans, the DCMP . ., ... ./ t _. _ ,.„ .j . ,. . - , . ,. . tent with the management program. The State swill provide public notice of the receipt of such ,. . .„ . , &. v & . . . ., , . , ,. j t. objection will uiclude a statement informing theplans, the procedures for comments, and the re- J * • ,., c , ,0 .. , . , person of a right of appeal to the Secretary of

Commerce on the grounds described below. Fol-

CONTROL agencies may not issue any of the licenses orDIVISION OF Son, AND WATER CONSERVATION n rmitc for artiviti<»c rf crrih H in Hotail in th<»DELAWARE COASTAL MANAGEMENT PROGRAM permits lor activities Qescnbed in detail in tne

P.O. Box 1401 OCS plan.DOVER, DE 19903

PHONE: (302) 739-4411

flR32!773

Delaware Coastal Management Policies 11Appeals and Secretarial c- activity will not violate any require-

. . ment of the Clean Air Act, as amended, orReview Relative to V ederal the Clean Water Act, as amended.

Consistency dt There is no reasonable alternative avail-TI. • • etc ™-r, T> A™ o u TT aWe which would permit the activity to beThe provisions of 15 CFR Part 930, SubpartH, , ,. ^ . , ., ,.j , , .. , i o ^ conducted in a manner consistent with theprovide procedures by which the Secretary of nrx/TP

Commerce may override a state's objection if the ^ ' ^^ OMn „„.Secretary finds that a federal license or permit ****** 15f ™ §930. 125, appellant mayactivity, including those described in detail in an ?» a notice of aPPeal Wlt? Se<f tary ofOCSplan,orafederalassistanceactivity, whichis C™f '* /l0 °f tiie appellant s re'inconsistent with the DCMP, may be federally ?lpt. of ?CM? s obf,ctlon to a consist cy «rt-approved because the activity is consistent with ficatio" for a ^ ense or permit (includingthe objectives or purposes of the federal CZMA, those descnbed m m OCS plan)' or a federalor is necessary in the interest of national security. assis ance P10 310'In order to be ' 'consistent with the objectives or A flow chart which summarizes the Secretarialpurpose of the federal CZMA' ', an activity al- APPeals Process is Provided " Appendix C.ready inconsistent with the DCMP, must be found The notice of aPPeal sha11 be accompanied by aby the Secretary of Commerce to be permissible statement in support of the appellant's position,because it satisfies the following four require- dang with supporting data and information. Thements: appellant shall send a copy of the notice of appeal

a. The activity furthers one or more of the and accompanying documents to the federal andcompeting national objectives or purposes state agencies involved. An application fee mustcontained in sections 302 or 303 of the accompany the appeal to the Secretary: $200 forAct minor appeals and $500 for major appeals, unless

b. When performed separately or when its ^ Secretary, upon consideration of an appli-cumulative effects are considered, it will cant's request for fee waiver, determines that thenot cause adverse effects on the natural applicant is unable to pay the fee. The Secretaryresources of the coastal zone substantial ^ s0 collect such otherfees as are necessary toenough to outweigh its contribution to the recover ful1 costs of administering and proc-national interest essing the appeals.

12 Delaware Coastal Management Policies

FEDERALAGENCY

Army Corps ofEngineers,

Department ofDefense

CoastGuard,Department ofTransportationEnvironmental

ProtectionAgency

Federal EnergyRegulatoryCommission

NuclearRegulatoryCommission

Department ofEnergy

Department ofInterior,Minerals

MgmL Service

FEDERAL LICENSE OR PERMIT AND FEDERALSTATUTORY AUTHORITYConstruction of dams or ditches across navigable waters, or obstruction or alteration of navigablewaters required under Section 9 and 10 of the Rivers and Harbors Act of 1899 (33 USC 401, 403)Establishment of harbor lines pursuant to Section 1 1 of the Rivers and Harbors Act of 1899 (33USC 404, 405)Occupation of sea wall, bulkhead, jetty, dike, levee, wharf, pier or other work built by the UnitedStates pursuant to Section 14 of the Rivers and Harbors Act of 1899 (33 USC 408)Approval of plans for improvements made at private expense under USCOE supervision pursuantto the Rivers and Harbors Act of 1902 (33 USC 565)Discharge of fill into the waters of the United States pursuant to the Clean Water Act of 1987,Section 404All actions for which permits are required pursuant to Section 103 of the Marine Sanctuaries Actof 1972 (33 USC 1413)Construction of artificial islands and fixed structures on the Outer Continental Shelf pursuant toSection 4(f) or the Outer Continental Lands Acts (43 USC) not otherwise covered in an OCS PlanPort Access Routes pursuant to 43 USC 1333(F)Construction or modification of bridges, causeways or pipelines over navigable water pursuant to49 USC 1455

NPDES permits and other permits for federal installations, discharges in contiguous zones andocean waters, sludge runoff permits and agricultural waste disposal pursuant to Sections 401, 402,403, 405, and 318 of the Clean Water Act of 1987Permits pursuant to the Resource Recovery and Conservation Act of 1976Permits Pursuant to the Clean Air Act of 1990Licenses and permits ordering interconnection of electric transmission lines; issuing certificates ofpublic convenience and necessity for interstate natural gas transmission and terminals includingapproval of LNG sites; approvals for abandonment of natural gas pipelines; and licenses requiredfor non-federal hydroelectric projects and associated transmission lines.Licensing and certification of the construction and operation of nuclear power plants andpossession and use of by-products, source and special nuclear material, pursuant to Atomic EnergyAct of 1954, Tide II of the Energy Reorganization Act of 1974 and the National EnvironmentalPolicy Act of 1969.Regulation of gas pipelines, and licensing of import or export of natural gas pursuant to theNatural Gas Act (15 USC 717) and the Energy Reorganization Act of 1974.Siting, construction and operation of non-nuclear power plants.Leases, permits to drill wells, and to construct and maintain pipelines, gathering and flow linesand associated structures pursuant to 43 USC 1352 to the extent they are not covered by an OCSplan.Permits and rights of use and easements required for pipeline corridors, and associated activitiespursuant to the OCS Lands Act (43 USC 1352) and 43 USC 931(c) and 20 USC 185, to the extentthese are not covered by an OCS plan.

SR32J775

Delaware Coastal Management Policies 13

RESOURCES SUBJECT TO MANAGEMENT

5. A.l. Wetlands Management dures and Pr°visions of the following para-graph.

General CMP Policies for Wetlands ^ making this finding, the agency andDNRECManagement mav talce mto account social, economic, envi-

1. The productive public and private wetlands in JH ^ T! ^ i«»*t. * * u « u j j j [Authority - Executive Order No. 56, May 1988]the state shaU be preserved and protected to 5 Sec rf DNREC conjunctionprevent their despohation and destruction con- ^ ±Q D em rf A culture> Dda.sistent with the histonc nght of pnvate owner- ware Development Office ^ DepartmentShorir 7SDeiaWare Code 6602] of Transportation shall establish policy and

2. Activities in or adjacent to wetlands shall be P"?**™ ™luding * mechanism for consul-conducted so as to minimize wetlands destruc- *** ™d mteragency discussions that win-don or degradation, to preserve the natural and e*sure ** consideration of the public health,beneficial values of wetlands, and to protect the " ^ welfare' ** active management ofpublic interest therein. wedand systems, and the uses of freshwater[Authority-7DelawareCode6602,6003(a)(2),6119, wetlands including wetland enhancement, rec-and 4001] reation, economic, scientific and cultural uses.

3. Each state agency shall minimize the adverse DNREC may approve standard plans and pro-effects to freshwater wetlands and conserve cedures that shall be followed by a state agencyand enhance the environmental values and that has similar type of activities that mayfunctions of freshwater wetlands in carrying affect a wetland more than one time and/orout the agency's responsibilities. affect more than one wedand site.[Authority - Executive Order No. 56, May 1988] [Authority • Executive Order No. 56, May 1988]

4. Each state agency, to the extent permitted by 6. Any requests for new authorizations, appro-law, shall avoid undertaking or providing fi- priations, or grants of state operating or capitalnancial assistance for construction located in funds, or for state loan assistance or guaranteesfreshwater wetiands which will substantially shall indicate, based on best available informa-degrade or destroy for long or permanent dura- tion, if an action to be proposed will be locatedtion the use and function of an altered area as a in or will adversely affect freshwater wetiands,wetland environment, unless the head of the whether the proposed action is in accord withagency, through consultation with the DNREC, Executive Order Number 56. The U. S. Fishfiles written findings with DNREC that: and Wildlife Service's National Wetiands in-a. There is no reasonable alternative to such ventory maps shall be used as a guideline forconstruction, and that the proposed action freshwater wetiands determinations.includes all practicable measures to mini- [Authority - Executive Order No. 56, May 1988]mize undesirable impacts to freshwater 7- ™Q* State-owned freshwater wetlands arewetiands which may result from such use. proposed for lease, easement, right-of-way or

b. The request is consistent with the proce- disposal to non-state public or private parties,

SR32I776

14___Delaware Coastal Management PoliciesS.A.I. Wetlands Management

the State agency shall: [Authority - 7 Delaware Code 6604 and 6606; DNRECa. Attach restrictions appropriate to Execu- Wetlands Regulations, Section 1.04, Revised June

2Q 19841tive Order Number 56 to the uses of n T j * *u * *;«*,• *u_ . , , , , 11.In order to assure that any activity in theproperties by the grantee or purchaser and Al , . • * „ * i u « u^ ^ J ^ . . . , . . , wetiands is appropriate, state approval shall beany successor, except where prohibited by . , . , . .. - c « ^ .j r r J required pnor to the initiation of such activi-b. withhold such properties from disposal. ties except no such approval shall be required[Authority - Executive Order No. 56, May 1988] for ** &CtlVltieS ldentified m **"* S*tementnumber 10. The following factors shall beSpecific CMP Policies for Wetlands considered prior to such approval: the environ-

Management mental impact of the proposed use; the number8. Wetiands to be managed by the Department of and Q of supporting facilities required and

Natural Resources and Environmental Control meir impact; the effect of the activity on neigh-are those meeting the criteria set forth in Sec- boring land uses; the appropriate state and localtion 6603fh') Chapter 66. Title 7. Delaware comprehensive plans for the general area; theCode> economic impact of the activity in terms of[Authority - 7 Delaware Code 6603(h)] jobs, taxes generated, and land area required;

9. * 'Wetland-type" areas not subject to DNREC and the aesthetic impact of the proposed activ-regulation, including freshwater wetiands, ity. Alternative methods of construction shallswamps, bogs, low lying and poorly drained also be considered prior to permit approval.lands not covered by the official wetiands maps, [Authority - 7 Delaware Code 6604 and Wetlandsshall be evaluated for their wildlife, groundwa- ^ egulati<!°sl. .terrecharge,scenicand6thervaluesaspartof 12. In considering the environmental impacts of athepreparationof registriesof naturalareas and Prosed activity in wetiands, the Departmentthe development of critical areas plans and of Natural Resources and Environmental Con-state resource areas, as provided by the Dela- !"J shall consider the cumulative impact ofware Natural Areas Preservation System Act, d" pro ts.,_. , , TT _.. . / , , [Authority - Executive Order 61]the Delaware Land Use Planning Act, and the 13 No ^ be issued Delaware Land Protection Act, respectively a channel h me wds[Authority - Executive Order Number 61; 7 Dela- , u* .. j, .ware Code, Chapter 73 and Chapter 75; and 29 deePer man me exlstmg * or me con-Delaware Code, Chapter 92] trolled channel depth specified by the

10. Activities which may adversely affect wet- Corps of Engineers at the point of connec-lands shall require state approval pursuant to tion to the adjacent navigable waterway tothe policy statements below. The CMP, how- which the dredge channel is directlyever, requires no such approval for the follow- connected. A lesser depth may be specifieding activities: construction of foot bridges, duck by the Secretary of the DNREC in further-blinds, waterfowl nesting structures, boundary ance of the purposes of the Actmarkers, or aids to navigation that do not pre- b. Dredge any channel through the wetiandsvent the ebb and flow of the tide; mosquito that has only one outlet to navigable watercontrol activities authorized by the DNREC; through which the normal daily tide ebbsand hunting, fishing, haying, trapping, and and flows unless the channel is equipped,grazing of domestic animals. by aerators or other means, to maintain the

AR32I777

Delaware Coastal Management Policies ' 15Water Quality Standards for Streams that permit or letter of approval from the Depart-are issued by the DNREC. ment, undertake any activity:

c. Dredge channels through wetiands with a. To construct, modify, repair or reconstructsides more nearly vertical than a slope that any structures or facility on any beach sea-rises one foot vertically for each three feet ward of the building line.of horizontal distance except where condi- b. To alter, dig, mine, move, remove ortions of soil composition prevent slope sta- deposit any substantial amount of beach orbilization, so that bulkheading must be other materials, or cause the significantused. removal of vegetation, on any beach sea-

d. Utilize wetiands for any activity unless it: ward of the building line which may affecti. Requires water access for the central the enhancement, preservation or protec-purpose of the activity; and tion of beaches.

ii. Has no alternative on adjoining non- [Authority - 7 Delaware Code 6805(a)]wetland property of the owner. 5. Construction activities landward of the building

e. Building bulkheads on wetiands higher in line on any beach, including construction ofelevation than the surface of the natural any structure or the alteration, digging, mining,land. Navigational aids that do not prevent moving, removal or deposition of any substan-the ebb and flow of the tide may be higher. tialamountof beach or other materials, shall be

[Authority - DNREC Wetiands Regulations, Section permitted only under a letter of approval from2, Amended June 29,1984] the Department of Natural Resources and

r A i r> uiv/i- A Environmental Control.5.A.Z. JSeaCn Management [Authority - 7 Delaware Code 6805(c)]

6. By definition, the Building Line means a lineGeneral CMP Policies generally paralleling the coast, set forth onfor Beach Management maps prepared by the Division of Soil and

1. The public and private beaches of the State shall Water Conservation with reference to the Na-be preserved, protected, and enhanced to miti- tional Geodetic Vertical Datum (NGVD) andgate beach erosion, and to prevent their de- the Delaware State Plane Coordinate System,struction and despoliation. and based upon information provided by topo-[Authority - 7 Delaware Code 6801,6803, and 6810] graphic surveys. The Building Line is located

2. Publicly owned beaches and shorelines shall be as follows:managed and maintained to assure adequate a. Along beaches extending from the Dela-and continued public access to these areas ware/Maryland line to the tip of Capewithin the carrying capacity of the resource. Henlopen -100 feet landward of the[Authority - 7 Delaware Code 4701(c)] adjusted seawardmost 10-foot elevation

3. Beaches are the areas from the Delaware/Mary- contour above NGVD'land line at Fenwick Island to the Old Marina b. Mons beaches extending from the tip ofCanalnorthof PickeringBeach, which extends Cape Henlopen to the southernmost limitfrom the Mean High Water line of the Atlantic of Pnmehook Beach -100 feet landwardOcean and Delaware Bay seaward 2,500 feet, of ±& adjusted seawardmost 7-foot eleva-and landward 1,000 feet. tion contour above NGVD;[Authority -7 Delaware Code 6802(1)] c. Along beaches extending from the south-

4. Nopersonshall, without first having obtained a emmost rf p ^ Beach to

AR32I778

16___Delaware Coastal Management Policies5.A.2. Beach Management

Old Marina Canal north of Picketing 10. No person shall commence or conduct withoutBeach -15 feet landward of the adjusted a permit therefor from the Division of Soil andseawardmost 7-foot elevation contour Water Conservation, construction seaward of theabove NGVD; or at the landward limits of Building Line, of any pipeline, dock, pier, wharf,the beach, as defined in the Regulations ramp or other harbor work.Governing Beach Protection and the Use [Authority - State of Delaware Regulations Govern-of Beaches dated December 27 1983 inS Beach Protection and the Use of Beaches datedwhichever is most seaward. 11 °!fmber 27' 1983> Sec«°n **? ^ t ,

[Authority-State of Delaware Regulations Govern- 1L K a Structure 1S to be **** construfted °ring Beach Protection and the Use of Beaches, Re- reconstructed following the complete destruc-vised Effective December 27,1983, Part 1 - Defini- tion of the original structure, and such a sanc-tions] ture does not have to be located seaward of the

7. If a structure located seaward of the Building Building Line in order to achieve its intendedLine is completely destroyed, no person shall purpose, then such a structure shall be requiredundertake any restoration or reconstruction of to be located entirely landward of the Buildingthe destroyed structure before the Division Line. However, if the Division of Soil andissues the person a permit or letter of approval Water Conservation determines that there ispursuant to the Regulations Governing Beach inadequate space available entirely landwardProtection and the Use of Beaches. of the Building Line for the construction or[Authority-State of Delaware Regulations Govern- reconstruction of a completely destroyed struc-ing Beach Protection and the Use of Beaches, Re- ., j jvised Effective December 27,1983, Section 2.07] ture' said constructed or reconstructed struc-

8. All structures, devices and facilities existing mt shaU be physically located as far landwardnow or in the future which are devoted to the as Possible on <*» parcel of real property inenhancement, preservation and protection of question, taking into consideration all Federal,beaches shall be under sole jurisdiction, man- State and local laws» mles> regulations, andagement and control of the Department of zoning and buUding ordinances.NaturalResourcesandEnvironmentalControl. [Authority -State of Delaware Regulations Govern-rA..«,„,.•* T r»«i«m „«> r* A XQA?/K\I mg Beach Protection and the Use of Beaches, Re-[Authority - 7 Delaware Code 6803(b)] ^ ^ December 27,1983, Section 2.08]

9. No person shall commence or conduct, without 12 following activities prohibited:a permit Iherefor from the Division of Soil & a tion rf motorized vehide orWaterConservation,constructionofanystimc- macMne oyerQracfoss tore or facility on any beach seaward of tho dune on State.owned beach t atBuildingLine, thepnmary function of which is ^ locations ^^ b Dbeach erosion control or shore protection in- ment for such use;eluding, but not limited to, groins, jetties, b Pedestrian traffic on, over or across theseawalls, revetments, dikes bulkheads, and prim dune on State.owned beachbeach nounshment; except that ordinary dune at ±QSQ locations ffied fe memaintenance, as determined by the Division, Department for such use;including the proper installation of sand fence c alterationj moving or rcmoval ofand the planting and fertilization of stabilizing fadlityj ^ or structure sm&1vegetation shaU not require a permit Qr maintained by me DNREC for enhance-[Authority-State of Delaware Regulations Govern- . . <• fLg BeaciProtection and the uTof Beaches, Re- ment' Preservation or protection of anyvised Effective December 27,1983, Section 4.03] beach;

flR32!779

Delaware Coastal Management Policies ' 175.A.2. Beach Management

d. The damaging, destruction or removal of beaches. Protection of private beachfrontany trees, shrubbery, beachgrass or other structures will not be an overriding consid-vegetation growing on any State-owned or eration;maintained beach seaward of the Building c. Third priority shall be given to all remain-Line, ing publicly owned recreational beaches;

[Authority - DNREC Regulations Governing Beach d. Fourth priority shall be given to intenselyProtection and the Use of Beaches, Section 3.03, used publicly accessibie private beaches;Revised effective December 27,1983] T - r t . - - i . i i i - • i

13.Actions deemed necessary by DNREC to pre- e'Flfth P™?* shdl be,f?n "J*""?ventandrepairdamagesfromerosionofpublic t d Publicly accessible beaches; andbeachesshaUbetakenwithinthelimitsoffunds f-The last pnontyshaU be given to privatelymade available for such purposes owned'restncted beaches-fa fact' &[Authority - 7 Delaware Code 6803(b) and 6808] beach Protection funds and State disaster-

14. Action to reduce shoreline recession on pri- related reconstruction aid shaU be re-vate beaches may be taken by DNREC, but stricted unless and until beaches areonly under the following conditions: opened to public use.a. Where dangerous conditions exist on any , _ "fT ' !*ecuf !e °urdertNumber 61].privately owned beach which constitute an 16'AU **** lssuued forbf ch Prese™*°n P**ects shall not be issued for a penod longer thancmcrjiciiCy 5 or * » < * . * * «

b. In those instances where owners of private f exPected useM llfe of ** workbeaches allow free public use of such £%£ _ ^ Order Numberbeaches in return for the assistoice 1? Non.structural erosion control methods

[Authority-7 Delaware Code 6801,6804,6806, and r , _ , . -ggjoj preferred over structures and are, therefore,15. To the maximum extent possible the following encouraged by the CMP.system of priorities shall be utilized for the , 0 [Authority - Executive Order Number 61]expenditure of limited beach preservation funds: 18' The supply and demand for access to Dela-a. First priority shall be given to beaches ^ P«Wic beaches and other shorelineswhich suffer substantial and chronic shf be " P ^ ouSh *e Stote-erosion due to the presence of public ^ ?°mpreh 6± ™ Recf on ? f'navigation works; nmg Prcjcess (SCORP). When the need for

b. Second priority shall be given to those in- additional access facihties to these pubhc beachestensely used, publicly owned beaches d *****"• yond those already in placeundergoing critical erosion. This category Ae state ™* undertake °?°«s to Provide suchwiU be subdivided further according to the access as lonS asu11 can be done m a mannerdegree of public use, ease of access, rate of consistent with the purposes for which these

. . fi, . ., lands were set aside.erosion, value of the area to the economy, r. .. ., _ _ . _ . ._„-,, _, ,..,. , « - . , « . . [Authority - 7 Delaware Code 4701(c); Executiveand possible beneficial effects protection Order Number 61]efforts may have on downdrift Delaware

AR321780

is___Delaware Coastal Management Policies5.A.3. Coastal Waters which has a hi§h Probabmtyfor total body

immersion or ingestion of water such as swim-IVlanageni6nt ming and water skiing; secondary contact rec-

reation involving a water-based form of recrea-General CMP Policies tion, the practice of which has a low probability

for Coastal Waters Management for total body immersion or ingestion of water1. The development and utilization of the land and such as wading, boating and fishing; mainte-waterresources of the state shall be regulated to nance, protection and propagation of fish, shell-ensure that water resources are employed for fish, aquatic life and wildlife preservation;beneficial uses and not wasted, to protect bene- agricultural water supply; and waters of excep-ficial uses of water resources, and to assure tional recreational or ecological significanceadequate water resources for the future. (ERES waters).[Authority - 7 Delaware Code 6001 (a)(2 and 3)] [Authority - State of Delaware, Surface Water Quality

2. The water resources of the state shall be pro- Standards, Section 10, Amended February 2,1990]tected from pollution which may threaten the 6. Quality of waters of the State shall be main-safety and health of the general public. tained or enhanced so that existing designated[Authority - 7 Delaware Code 6001 (a)(S) and 6001 uses are protected and to allow for other desig-(c)(2)] nated uses.

3. The coastal water resources of the state shall be [Authority - State of Delaware Surface Water Qual-protected and conserved to assure continued ity Standards, Section 3.1, Amended February 2,availability for public recreational purposes 199°1and for the conservation of aquatic life and 7- Where the quality of the waters exceeds levelswildlife. necessary to support (a) propagation of fish,[Authority - 7 Delaware Code 6001 (a)(4)] shellfish, and other aquatic life, and (b) recrea-

4. It is the policy of the DNREC to maintain within tion in and on the water, or hi the case ofits jurisdiction surface waters of the State of E.R.E.S. waters, existing quality shall be main-satisfactory quality consistent with public health tained or enhanced. Limited degradation mayand public recreation purposes, the propaga- be allowed if the Department finds, after fulltion and protection of fish and aquatic lif e, and satisfaction of public participation provisionsother beneficial uses of the water. of 7 Del. Code Sections 6004 and 6006 and the[Authority - DNREC Regulations, Surface Water intergovernmental coordination provisions ofQuality Standards, Section 1.1, Amended February the State's continuing planning process as re-2'1990]' quired in 40 CFR Part 130, that allowing lower

Specific CMP Policies water <luality is necessary to accommodatefor Coastal Waters Management f" ^ oruecononfc development, or

,, _T , . , ,. ,. , . would result in a substantial net environmental5. The designated uses applicable to the various U1. , .... _ . „, . ,. ,x,. . , -, or public health benefit, in the area in which thestream basins represent the categones of bene- . i * j T « • uj j_.. ,. * ., U- V. i_ waters are located. In allowing such degrada-ficial use of waters of the state which must be .. , ,. iU T-kvmr-/? u n. , , . , , ... tion or lower water quality, the DNREC shallmaintained and protected through application . . . f \ i- j- . - - c u u 11- i j require maintenance of water quality adequateof appropnate criteria. Such uses shall include forfuU protection of existmg uses. Further, thepublic water supply; industrial water supply; DNREc shall require that to shall be achievedprimary contact recreation invoking any wa- ^ ^ ^ .ter-based form of recreation, the practice of

AR32I78I

Delaware Coastal Management Policies ' 195.A.3. Coastal Waters Management

ments for all new and existing point sources, quality, and river or stream mileage of desig-and shall require implementation of all cost- nated uses, and the degree of attainment ofeffective and reasonable best management water quality standards, will return or be re-practices for nonpoint sources. stored to conditions equal to or better than[Authority - State of Delaware Surface Water Qual- those existing justprior to the temporary sourceity Standards, Section 3.2, Amended February 2, of pollution.loom *

o v,n ,.- , ,- • [Authority-State of Delaware Surface Water Qual-8. Where high quality waters constitute an out- ity standards, Section 3.6, Amended February 2,

standing national resource, such as waters of 1990]national parks and wildlife refuges, existing 12. All surface waters of the State shall meet thequality shall be maintained and protected. following minimum criteria:[Authority - State of Delaware Surface Water Qual- a. Waters shall be free from substances thatSoot"1'18"18' SeCti°n 3'3' Amended February 2' are attributable to wastes of industrial, mu-

9. In those cases where potential water quality mcipal agricultural or other human-impairment associated with a thermal discharge mdljced n- Examples include but areis involved, the anti-degradation policy and not limited to the following:implementing method shall be consistent with L ™°*?* debns' ?U' fSe' SCum'*«"•Section 316 of the Water Quality Act of 1987. " Other matenals On *» ™» «?*«»[Authority - State of Delaware Surface Water Qual- Aat may CTeate a n™sance condition, ority Standards, Section 3.4, Amended February 2, that may in any water interfere with at-1990] tainment and maintenance of designated

10. Degradation of water quality in such a manner uses of the water.that results in reduced number, quality, river or ii. Settleable solids, sediments, sludge de-stream mileage, of designated uses or violation posits, or suspended particles that mayof water quality standards shall be prohibited. coat or cover submerged surfaces andReduced quality shall be defined for the pur- create a nuisance condition, or that mayposes of this section as a statistically significant in any way interfere with attainmentreduction, accounting for natural variations, in and maintenance of designated uses ofbiological, chemical, or habitat quality as the water.measured or predicted using appropriate as- iii. Any pollutants, including those of asessment protocols. thermal, toxic, corrosive, bacteriologi-[Authority - State of Delaware Surface Water Qual- Cal, radiological, or other nature, that

i%0]tandardS' SeCti°n 3'5' AmeDded F<!brUary 2' may interfere with attainment «*11. Temporary sources of pollution, including but maintenance of designated uses of the

not limited to stream or ditch installation, im- water'm&? ^ desirable odors,provement, maintenance, or stabilization proj- tMte8: °* COl°rs l° me water or toects, dredge operations, and waste site reme- aquatic life found therein, may endan-diation projects, may be permitted even if f r Pubhc health'or may result mdegradationmaybeexpectedtooccur.Permis- rA ,h d?"Tf> ?£Tsancce *ea£ , n ,. . j -j j L t. f [Authonty-State of Delaware Surface Water Qual-sionmaybegrantedprovidedthattheapplicant ity standards, Section 4.1, Amended February 2,can demonstrate to the satisfaction of the DNREC 1990]that after a minimal period of time the number, 13. Regulatory mixing zones shall not impinge

flR32!782

20___Delaware Coastal Management Polici6s5.A.3. Coastal Waters Management

uponareas of special importance, including but accorded a level of protection and monitoringnot limited to drinking water supply intakes, in excess of that provided most other waters ofnursery areas for aquatic life or waterfowl, the State. These waters are recognized as spe-approvedorconditionalshellfishareasorheav- cial natural assets of the State, and must beily utilized primary contact recreation areas. protected and enhanced for the benefit of pres-Zones shall not be located in such a manner as ent and future generations of Delawareans.to interfere with passage of fishes or other [Authority -State of Delaware Surface Water Qual-organisms. Shore-hugging plumes should be ^ Standards, Section HJ(a)(i), Amended Febru-avoided to the maximum extent practicable. In i,-8™™ „ t. « u * j . , ,. . ,. . r , ,. 16. ERES waters shall be restored, to the maxi-areas where multiple discharges are located in ... , . , ,.. ^ i - j- u i mum extent practicable, to their natural condi-proximity, overlapping discharge plumes may ^ „, ,.v . , m-c u « t. uT u- u • i- • • tion. To this end, the DNREC shall, throughoccur. In such instances, the size limitations • , - . . „ . , fj., , c .. y- „ r t. c* _r Ti7 adoption of a pollution control strategy forderived under Section 6.4 of the Surface Water ur^n^o _ u • i • *r» r*. o* j ^ u j j. i j each ERES stream basin, take appropriate ac-Quakty Standards may be reduced to preclude . , - , j .* * • • * . • *t. i T toon to cause the systematic control, reduction,acute toxicity in the overlap areas, or to ensure , . . . „ . jan adequate zone of passage for fish. <f moval of sting Pfution sources' [Authority-StateofDeiawareSurfaceWaterQuality ±G dlversion °f new PollutiOn sources' awaStandards, Section 6.2, Amended February 2,1990] from ERES waters.

14. Streams with a designated use of public water [Authority - State of Delaware Surface Water Qual-supply shallprovide waters of acceptable qual- SS ^ ^ ^ ^ ^ ^ity for use for drinking, culinary or food proc- 17. discharge of oU from a vessel, truck,essing purposes after application of approved pipeline> storage, tank or tank car which causestreatment equivalent to coagulation, filtration, Qrposes & ^ of making afflmon> emuisionand disinfection (with additional treatment as in or sludge beneath the waters of the state or itsnecessary to remove naturally occurring impu- shoreline shall be prohibited.rities). The untreated waters are subject to the [Authority-7 Delaware Code, 6203,6202(7,5 and 9)]following limitations: 18. At a minimum, any discharge of liquid wastea. Waters shall be free from substances - sewage, industrial waste or other waste to(except natural impurities) that, alone or in State waters shall be subject to effluent limita-combination with other substances, result tions, discharge requirements and any alternatem: effluent control strategy that reflect a practi-i. Unacceptable levels of taste or odor in cable level of pollutant removal technology.

the treated water; por the purposes of this section, a practicableii. Significant disruption of the treatment level of pollutant removal technology is de-processes at the treatment facility; or fmed as the application of "best" treatment

iii. Concentrations of toxic substances in technology, control measures and practicesthe treated water that may be harmful to available to reduce or remove pollutants takinghuman health. into account the cost of applying such technol-

[Authority - State of Delaware Surface Water Qual- ogy> control measures or practices in relation torty tondards, Section 1L2 (a), Amended February ^ effluent ^ benefits tQ be ^

15. Designated exceptional recreational or eco- ±& aSe of equipment and facilities involved,logical significance (E.R.E.S.) waters shall be ^ processes) employed, non-water quality

Delaware Coastal Management Policies 215.A.3. Coastal Waters Management

impacts (e.g. energy requirements) and other the existing facility has demonstrated thefactors deemed appropriate. For the parame- ability to continuously meet secondaryters, BODS (5-day biochemical oxygen de- treatment levels.mand) and suspended solids, the degree of [Authority - DNREC Regulations Governing theremoval reflecting an application of a practicable Control of Water Pollution, Section 7, Amendedlevel of pollutant removal technology shall be •*«"« 23, 1983]atleast85%oftheBOD5andsuspendedsolids 19Jh1?° Tl ? & v T K ^containedintheinfluenttothetreamientworks Quatay Standards are not achieved through

. . ,. . -, . , , application of the technology based require-orpnor to application of the removal technol- , . ,. . , , ,„ ,,. . «. V1ogy, control measures or practices. For dig- rnents, additional effluent hmitations and treat-charges of sewage to State waters, apracticable ment requiiements shaU be imposed toassurelevel of pollutant removal technology shall be 'omphance with «*». Surface Water Qualitysecondary treatment and disinfection. Standards. Such additional effluent limitationsa. No person shall cause or permit any dis- ** tteatment ref*ements must c™*<* fcharge of liquid waste to the Delaware E±S?i OT ^ P * which theRiver, the Delaware Bay, or Atlantic DN? f ** *?** ? ^Ocean except liquid waste which has ataleve which will cause have the reasonablereceived at least secondary treatment and p°tential to caus* or *&&*?** c°ntnbute todisinfection ^ excursion °f y numencal or narrative

b. No person shall cause or permit discharge contained within Dela-of liquid waste to a lake or a pond or any waf f Su e Waf Quality Standards. Thetributary thereof, except liquid waste need for addlttonal effl ntu i™**™ ™*which has received at least secondary treatinent requirements shall be based upon thetreatment, filtration, nutrient removal and results °f ch ^ logical tests indisinfection conjunction with studies or analyses designed

c. No person shall cause or permit any dis- tO aSSeSS*e P°tential °f ** ***?& tOf Secharge of liquid waste to the Little As- or co e to stream sions of Dela-sawoman Bay, Indian River Bay, or to ™ S f ^ **? fh„ , , , „ . , . . ., . [Authority - DNREC Regulations Governing theRehoboth Bay, including any tributaries to control of Water Pollution, Section 8.01, Amendedthose waterbodies, except liquid waste June 23, 1983]which has received at least secondary 20. Where conflicts develop between stated sur-treatment, filtration, and disinfection. face water uses, stream criteria, or discharge

d. No person shall cause or permit any dis- criteria, designated uses for each segment shallcharge of liquid waste to a stream, tidal or be paramount hi determining the required streamnon-tidal, except liquid waste which has criteria, which, in turn, shall be the basis ofreceived at least secondary treatment, fil- specific discharge limits or other necessarytration, and disinfection. This subsection controls.shall not govern discharge into the Dela- [Authority - State of Delaware Surface Water Qual-ware River, the Delaware Bay or the ity Standar<k» Section 1.2, Amended February 2,

19901Atlantic Ocean which shall be governed 21. No person shaU, without first having obtainedby subparagraph (a) hereof. For existing a from T)dmn D ent offacilities, filtration may not be required if Namral Resources> undertake

22 ___ Delaware Coastal Management Policies5.A.3. Coastal Waters Management

a. In a way which may cause or contribute to fied in the preceding policy statement may bethe discharge of an air contaminant; or granted pursuant to 7 Delaware Code. Section

b. In a way which may cause or contribute to 6011 if all of the following conditions exist inthe discharge of a pollutant into any the opinion of the Secretary of the Delawaresurface or ground water; or Department of Natural Resources andEnviron-

c. In a way which may cause or contribute to mental Control:withdrawal of ground water or surface a. Good faith efforts have been made towater or both; or comply with these policies.

d. In a way which may cause or contribute to b. The cost of compliance is disproportion-the collection, transportation, storage, ately high with respect to the benefitsprocessing or disposal of solid wastes, which would be bestowed by compliance,regardless of the geographic origin or or the necessary technology is unavailable.source of such solid wastes; or c. Available alternative operating procedures

e. To construct, maintain or operate a pipe- or interim control measures are being orline system including any appurtenances will be used to reduce adverse impacts.such as a storage tank or pump station; or d. The activities are necessary to the national

f. To construct any water facility; or security or to the li ves, health, or welfareg. To plan or construct any highway corridor of the occupants of Delaware.which may cause or contribute to the dis- [Authority - 7 Delaware Code 6011(b)]charge of an air contaminant or discharge 24. No permit for the activities identified aboveof pollutants into any surf ace or ground shall be granted unless the activities arewater. consistent with county and municipal zoning

[Authority - 7 Delaware Code 6003 (a)] regulations.22. No person shall, without first having obtained [Authority • 7 Delaware Code 6003(c)]

a permit from the Delaware Department of 25. No person or entity shall commence construc-Natural Resources and Environmental Control, tion or operation of any of the following with-construct, install, replace, modify or use any out first having obtained a permit therefor:equipment or device or other article: a- Any septic tank system or any aerobica. Which may cause or contribute to the dis- home treatment plant system;charge of an air contaminant; or b. Any liquid waste treatment system;

b. Which may cause or contribute to the dis- c. Any facility used for the storage of 40,000charge of a pollutant into any surface or °r more gallons of any hazardous material,ground water; or petroleum product or liquid waste in bulk

c. Which is intended to prevent or control the form;emission of air contaminants into the at- d- Any facility used for the transfer of 20,000mosphere or pollutants into surface or gallons per day or more of any hazardousground waters; or material, petroleum product, or liquid

d. Which is intended to withdraw ground waste to or from any carrier;water or surface water for treatment and e. any sewer or pipeline which conveyssupply; or liquid waste.

e. For disposal Of solid waste. [Authority - DNREC Regulations, Regulations Gov-[Authority - 7 Delaware Code 6003 (b)]

23. Regulatory variances for the activities identi- '' 3' 1983]

AR32.I785

Delaware Coastal Management Policies ' 235.A.3. Coastal Waters Management

26. No person shall cause or permit to be dis- a manner consistent with the CMP policies.carded, thrown, or dumped into any waters or [Authority - 7 Delaware Code 6023(f), Executiveany drainage ditch in the State any garbage, Order Number 61]refuse, dead animal, poultry, trash, carton, bottle, 32'No Permits sha11 be issued for me charge ofcontainer, box, lumber, timber, paper, or light ^ radiological, chemical or biological war-material or other solid waste. fare a8ents or high-level radioactive wastes[Authority - State of Delaware Regulations Govern- directly or indirectly into the surface waters oring the Control of Water Pollution, Amended June groundwaters of the state.23,1983, Section 12.01] [Authority - DNREC Regulations Governing the

27. No person or entity shall construct, repair, Control of Water Pollution, Amended June 23,1983,install or replace any part of a septic tank Section 3.04(a)]system except by or under the supervision of a 33. NopersonshaU cast, put, place, discharge in orlicensed septic tank installer. Permit or suffer to be cast' Put> Placed' &*'[Authority - 7 Delaware Code 6023(b)] charged in or to escape into any running stream

28. No person or entity shall operate any liquid °f water within the limits of this State, fromwaste treatment system without a licensed liq- which stream the inhabitants of any borough,uid waste treatment plant operator. town or city within this State are supplied[Authority - 7 Delaware Code 6023(c)] wholly or in part with water for and as drink or

29. No person shall engage in the drilling, boring, beverage, any dye-stuffs, drugs, chemicals orcoring, driving, digging, construction, installa- other substance or matter of any kind whatso-tion, removal, or repair of a water well or water ever whereby the water so supplied as and fortest well, except as, or under the supervision of a drink or beverage is made and becomesa licensed water well contractor. noxious to the health or disagreeable to the[Authority - 7 Delaware Code 6023(a)] senses of smell or taste.

30. The Secretary of the DNREC may require that [Authority -16 Delaware Code 1301]the person who has caused the contamination 34. Water delivered to every consumer by anyof a person's drinking water supply by con- public water supplier shall be so protected bylaminates other than bacteria, viruses, nitrate or natural means, by proper constructions or bypesticides, shall provide at no cost to each treatment so as to consistently equal or exceedperson who has had his drinking water supply the requirements established in the State ofcontaminated an interim water supply that is of Delaware Regulations Governing Drinkinga quality and quantity to meet said person's Water Standards.needs as shall be determined by the Secretary [Authority - State of Delaware Regulations Govern-on a case-by-case basis. In addition, the Sec- *°Z PubVc Vrinkmg Water Systems, Amended Marchretary shall determine the dates on which the oc3!'/991; 0 ;3041,. , . x i u u ju 35. After July 1,1991, unless a particular activityinterim water supply shall commence and be . J,' ' . " *. , is exempted by these regulations, a person may[A™ity -'? Delaware Code, Section 6037] not *****land without «* proved sediment

31. No permits or licenses shall be issued for the and stormwater management plan from theactivities identified in the four preceding pol- appropriate plan approval agency.icy statements unless the Secretary of the & SS ^DepartmentofNaturalResourcesandEnvu-on- 36. The foUowing activities are exempt from bothmental Control finds that the applicant is pre- sediment control and stormwater managementpared and willing to conduct such activities in

&R32I786

24___Delaware Coastal Management Policies5.A.3. Coastal Waters Management

requirements: detached unit or agricultural structure, anda. Agricultural land management practices, the total disturbed area of the site is lessunless the local Conservation District or than one acre.the DNREC determines that the land d. The proposed project is for agriculturalrequires a new or updated soil and water structures in locations included in currentconservation plan, and the owner or opera- soil and water conservation plans that havetor of the land has refused either to apply been approved by the appropriate Conser-to a Conservation District for the develop- vation Districtment of such a plan, or to implement a [Authority - Delaware Sediment and Stormwaterplan developed by a Conservation District Regulations, dated January 23,1991, Section 3(2)(A)(1,

b. Developments or construction that disturb oo if 4 j j- 11 u «less than 5,000 square feet 38' ™ erOiT <?pediment control plans shall

c. Land development activities which are COm^ mth *e D* ™ ™™ fregulated under specific State or federal ment ?ontr<? Handbook> dated 1989 "* a?~laws which provide for managing sediment proved supplements.

. ,r * , [Authority - Delaware Sediment and Stormwatercontrol and stormwater runoff, such as Regulations dated January 23,1991, Section 10(2)(B)]specific permits required under the Na- 39. Water quantity control is an integral compo-tional Pollutant Discharge Elimination nent of overall stormwater management Con-System (NPDES) when discharges are a trol of peak discharges will, to some extent,combination of stormwater and industrial prevent increases in flooding. The followingor domestic wastewater. design criteria for peak flow control is estab-

d. Projects which are emergency in nature lished for water quantity control purposes, unlessthat are necessary to protect life or prop- a waiver is granted based on a case-by-caseerty such as bridges, culvert, or pipe basis:repairs and above ground or underground a. Projects in New Castle County that are lo-electric and gas utilities or public utility Cated north of the Chesapeake and Dela-restoration. ware Canal shall not exceed the postdevel-

¥S&2£SX£S£SS5£ ™fdischarse forthe 2> "VB, C and D)] *"" year frequency storm events at the pre-37. A project may be eligible for a waiver of development peak discharge rates for the

stormwater management for both quantitative 2'10'and 10° year frequency stormand qualitative control if the applicant can events.demonstrate that: b* Projects in New Castle County that area. The proposed project will return the dis- located south of the Chesapeake and Dela-turbed area to a pre-development runoff ware Cansl>Kent County, and Sussexcondition and the pre-development land County sha11 not exceed me post-develop-use is unchanged at the conclusion of the ment Peak discharge for the 2 and 10 yearproject frequency storm events at the pre-develop-

b. The proposed project consists of a linear ment Peak discharge rates for the 2 and 10disturbance of less than six (6) feet in year frequency storm events.width c. Watersheds, other than Designated Water-

c. The project is for an individual residential sheds or Subwatersheds, that have well

SR321787

Delaware Coastal Management Policies 255.A.3. Coastal Waters Management

documented water quantity problems may designed to accept, at least, the first inch ofhave more stringent, or modified design runoff from all streets, roadways, andcriteria that is responsive to the specific parking lots.needs of that watershed. Modified criteria e. Other practices may be acceptable to thefor that watershed must receive Depart- appropriate plan approval agency if theymental approval, and all projects reviewed achieve an equivalent removal efficiencyand approved by the appropriate plan of 80% for suspended solids.approval agency shall meet or exceed the [Authority - Delaware Sediment and Stormwatermodified criteria. Proposed modification Regulations dated January 23,1991, Section 10(3)(E)]of criteria for a watershed shall be subject CMp Polides s .flc fo Marinasto public review and comment prior to A. ,, . / * r • *u *... r 41. Manna owners/operators for mannas that are

[AuZr Stete of Delaware Sedimentand Storm- located in whole orin part on tidal waters of thewater Regulations dated January 23,1991, Section State>and that provide dockage for vessels with10(3)(D)] a portable toilet(s) or Type IQ marine sanita-

40. Water quality control is also an integral com- tion device(s) (MSD), shall provide convenientponent of stormwater management Control of access, as determined by the DNREC, to anwater quality on-site will prevent further deg- approved, fully operable and well maintainedradation of downstream water quality. The pumpout facility(ies) and/or dump station(s)following design criteria is established for water for the removal of sewage from said vessels toqualityprotectionunlessawaiverorvarianceis a DNREC approved sewage disposal system.granted on a case-by-case basis. a. Owners/operators may agree to pool re-a. In general, the preferred option for water sources for a single pumpout dump stationquality protection shall be ponds. Ponds with Departmental approval based on crite-having a permanent pool of water must be ria of number and class of vessels, marinaconsidered before a pond having no per- locations, cost per pumpout use, and ulti-manent pool. Infiltration practices shall be mate method of sewage treatment and dis-considered only after ponds have been posal (i.e. septic system or waste watereliminated for engineering or hardship treatment facility).reasons as approved by the appropriate b. The owner/operator of any boat dockingplan approval agency. facility that is located hi whole or in part

b. Water quality ponds having a permanent on tidal waters of the State, and thatpool shall be designed to release the first I/ provides dockage for a live-aboard2 inch of runoff from the site over a 24 vessel(s) with a Type ffi marine sanitationhour period. The storage volume of the device(s), shall install and maintain at allnormal pool shall be designed to accom- times, in a fully operable condition, anmodate, at least, 1/2 inch of runoff from approved dedicated pumpout facility atthe entire site. each live-aboard vessel slip for the purpose

c. Water quality ponds, not having a normal of removing sewage from the live-aboardpool shall be designed to release the first vessel on a continuous or automatic,inch of runoff from the site over a 24 hour intermittent basis to a DNREC approvedperiod. sewage disposal system.

d. Infiltration practices, when used, shall be c. Any discharge, by any means, of untreated

AR32I788

26___Delaware Coastal Management Policies5.A.3. Coastal Waters Management

or inadequately treated vessel sewage into Water Quality Standards, and to meet theor upon the waters of any marina, boat policy objectives as set forth above.docking facility or tidal water of the State [Authority • State of Delaware Marina Regulationsof Delaware is prohibited «tated Marcn 29» W90>Sectkm n (°)(2)(a)» n(C)d)(a,

d.All vessels while on waters of the State of bandc),andn(E)(l)(a)]~ , , „ , ., ~~ TTC,_ 44. It is the policy of the State to preserve andDelaware shall comply with 33 USC \.. J , , , .c*, ™ 17T5 oc. orv, A A u K A protect public and pnvate wetiands and toSection 1322, as amended February 4, r , • , ,. . jj _ •jog- J prevent their despoliation and destruction con-

[Authority - 7 Delaware Code, Section 6035 (a) and sistent me historic riSht °f Private °wner-(b)(l, 2,3, and 4), Adopted June 23,1992] ship of lands. Therefore, the Department shall

42. No person shall construct, install, modify, strictly regulate the location of marinas inrehabilitate, or replace a marina unless such wetiands. Marinas shall be limited to those sitespersonhasavalidpermitissuedbytheDNREC where short and long-term disturbances topursuant to the State of Delaware Marina wetiands and their functions shall be less thanRegulations. one acre, and even then, only to the extent[Authority - State of Delaware Marina Regulations necessary for the water dependent needs of thedated March 29,1990, Section I (B)(5)(a)] project

43. Itis the policy of DNREC to prevent degrada- Before disturbance of wetiands shall be permit-tion of the surface and groundwaters of the ^ me applicant shall demonstrate that allState which might result from any pollutant practicable alternatives to avoiding wetlandsource, so that all existing water designated impacts have been thoroughly examined anduses are maintained and protected. Marinas me results of such examinations shall be pro-shall be permitted only if they do not cause a vided to the DNREC. In all cases, the applicantviolationofestablishedDelawarewaterquality shall demonstrate that the purchase of addi-regulations either within the marina, or in adja- tionai property to avoid the wetland impacts iscent ambient waters which mix or are contacted impracticable.by waters from the marina. To achieve this [Authority-State of Delaware Marina Regulationsgoal: dated March 29,1990, Section II(D)(3)(a)]a. These regulations set forth rebuttable pre- 45. The requirements for protecting shellfish re-sumptions that: sources shall be consistent with the State ofi. Land-based alternatives for non-water Delaware Marina Regulations.dependent activities are available [Authority - State of Delaware Marina Regulations

ii. Alternatives that do not involve the use datedMarch29,1990,Sectionn(D)(4)(a,b,c,d,andof state waters for storage of boats have 46> Marinas shall not be permitted ^less adverse impact on the aquatic ^ result m me destruction of submergedenvironment aquatic vegetation beds without corresponding

in. Alternatives that do not involve the compensation measures as approved by theuse of state waters for storage of boats DNRECare available. [Authority - State of Delaware Marina Regulations

b. Marinas shall be designed to maximize dated March 29,1990, Section n (D)(10)(c)(2)]flushing so as to prevent the possible accu- 47. Dredging shall be limited to the minimummulation of contaminants that could result dimensions necessary for the project and shallin a violation of the Delaware Surface avoid sensitive areas such as wetiands, shell-

3R32I789

Delaware Coastal Management Policies 27fish resources, and submerged aquatic vegeta- essential role in the maintenance of sensitivetion. Delaware Surface Water Quality Stan- species. Areas may include unique aquatic ordards must not be violated because of dredging terrestrial ecosystems that support rare endan-operations excluding whatever temporary and gered or threatened plants and animals. Rare,minimal turbidity is unavoidable when using endangered or threatened species are definedsound dredging practices. by both state and/or federal listings.Marinas shall only be located in areas which, in [Authority - State of Delaware Marina Regulationsthe determination of the Department, offer safe dated March 29» 1990>Section HflW7)and DNRECand convenient access * wa,OT of navigabledepth. Such locations tend to present maximumopportunities for flushing, with less danger of 5. A.4. SubaqueOUS Lands andsedimentation than very shallow sites. Safe and ^ _, .convenient access will be determined on a case- v OSlStai o tripby-case basis. Factors such as existing water ]Maiia2€I11CIltdepths, distance to existing channels and theirdepths, and tidal and wave action will be con- General CMP Policies for Subaqueoussidered. Lands and Coastal Strip Management[Authority-State of Delaware Manna Regulations 1an. _, . * * t. ,_•dated March 29,1990, Section n (E)(2)(b) and H L natund environment of the coastal strip(E)(4)(a)] shall be protected for recreation, tourism, fish-

48. Benthic resources are protected because of ing, crabbing, and gathering other marine lifetheir importance in the food chain and their useful in food production.value as commercial and recreational food [Authority - 7 Delaware Code 7001 and 6201]sources. 2- T*16 nee(* *°r protection of the natural environ-The status of a benthic community must be as- ment"»*e coastal striP sha11 be balanced withsessed by the applicant using frequency, diver- me need for new industry in the State's coastalsity, and abundance measures approved by the areas.DNREC. As a part of this determination, the _ (Authority - 7 Delaware Code 7001]rapid bioassessment techniques of Luckenbach, 3' ?»1locatlon'. ex'ent «* ** °f mdustnalDiaz and Schaffner (1989) wiU be used by the development in tte coBffid strip that is mostDepartment to characterize benthic communi- ^ » P°llute f6 s bays coastalties. The DNREC may modify this methodol- !f"? sl?f be controUed. . , / , . , • [Authority • 7 Delaware Code 7001; Krcshtool v.ogy as experience is gained in applying these Delmarva Power & Light Co.. Del. Super., 310 A. 2dtechniques in Delaware waters. 649(1973)]The DNREC may require monitoring of the 4. The development and use of offshore oil, gas,benthos as a permit condition. and other mineral resources of the state shall be[Authority - State of Delaware Marina Regulations managed to make the maximum contribution todated March 29,1990, Section H(D)(6)(a, b and c)] me public beneflt and so as to balance thdr

49. Constructionof marinas shall not be permitted Utmzation5 conservation, and protection.at sites that are recognized by the DNREC as [Authority - DNREC Regulations, September, 1971,critical habitats. ' 'Critical Habitat'' includes Oil, Gas and Mineral Exploration Regulations, pa.]areas classified by the DNREC and serving an

AR321790

28___Delaware Coastal Management Policies5.A.4. Subaqueous Lands and Coastal Strip ManagementSpecific CMP Policies for Subaqueous a. Environmental impact, including but notLands and Coastal Strip Management Umited to> Probable air and water pollution

S.Newheavyindustrialuses shall be prohibited in &«%to be generated by the proposed usethe coastal strip. Such uses are ones character- under nonnal operating conditions, as wellistically involving more than 20 acres, and M durinS mechanical malfunction and hu-characteristically employing smokestacks, tanks, man error' ^ destruction of wetiandsdistiUationorreactioncolumns,chemicalproc- ™d flora tt°A fauna; imPact of Slte P "essing equipment or waste-treatment lagoons. tion on drainage of &* area m Question,Heavy industrial uses shall not only be defined especially as it relates to flood control;by their physical characteristics, however, but mVact of Slte Preparation and facilityalso by their potential to pollute in the event of operations on land erosion; effect of sitehuman error or equipment failure. preparation and facility operations on theExamples of heavy industry are oil refineries, 1uaUty md <luantity of surface'and subsui>basic steel manufacturing plants, basic cellu- face water sources, such as the use oflosic pulp-paper mills, and chemical plants water for Processing, cooUng, effluentsuch as petrochemical complexes. For pur- removal, and other purposes; in addition,poses of this policy, public sewage treatment or but not limited to, the likelihood of genera-recycling plants shaU not be deemed heavy in- tion of glare> heat, noise, vibration, radia-dustrial uses. tion> electromagnetic interference and[Authority - 7 Delaware Code 7002(e) and 7003; obnoxious Odors.Kreshtool v. Delmarva Power & Light Co.. Del. b. Economic effect, including the number ofSuper., 310 A. 2d 649(1973)] jobs created and the income which will be

6. New manufacturing uses or the expansion of generated by the wages and salaries ofexisting manufacturing uses shall be allowedin mese jobs in .relation to the amount of landthe coastal strip by permit only, although in no required, and the amount of tax revenuescase shall new manufacturing uses be allowed potentially accruing to state and local gov-in wetiands or where inconsistent with local eminentzoning regulations, c. Aesthetic effect, such as impact on scenicManufacturing uses are ones which mechani- beauty of the surrounding area.cally or chemically transform substances into d. Number and type of supporting facilitiesnew products, and characteristically employ required and the impact of such facilitiespower-drivenmachinesandmaterials handling on an factors listed in this subsection.equipment. Manufacturing uses typically in- e. Effect on neighboring land uses including,elude establishments engaged in assembling but not Umited to, effect on pubUc accesscomponents of manufactured products, pro- to tidal waters, effect on recreational areas,vided the new products are not fixed improve- and. effect on adjacent residential and agri-ments. cultural areas.7004?°)r]ity ' 7 Delaware Code 7002(d and e) and f. County and municipal comprehensive

T.The foUowing factors shaU be considered in P.lans **** development and/or conserva-passingonriuestsforpermissiontoconstruct r/°n "I*™*™ °13T±XS'- . . , , [Authority • 7 Delaware Code 7004(b)]or operate a manufacturing use in the coastal g. New offshore gas, Uquid, or solid bulk productstnP: transfer faciUties shaU be prohibited in the

AR32I79I

Delaware Coastal Management Policies '' 295.A.4. Subaqueous Lands and Coastal Strip Management

coastal strip. Such facilities are docks or port 11. No operations or activities shall be com-facilities, whether artificial islands or attached menced on the driUing, deepening or pluggingto shore by any means, for the transfer of bulk back of any offshore oil or gas weUs located onquantities of any substance from vessel to onshore underwater lands of Delaware without thefaciUty or vice versa. However, a docking permission of the state, and unless in confor-faciUty or pier for a single industrial or manu- mance with the rules for such operations andfacturing facility and docking faciUties located activities adopted by the Delaware Departmentin the City of Wilmington for the Port of of Natural Resources and Environmental Con-Wilmington, shaU not be prohibited. trol.[Authority - 7 Delaware Code 7002(1) and 7003; Inf. [Authority - DNREC Regulations, September 1971,Attorney General Opinion No. 65, October 22,1974] Oil, Gas and Mineral Exploration Regulations,

9. Offshore pipelines which transfer bulk quanti- Numbers I-V]ties of gas, oil, or other Uquids to terminals 12- Permission to develop the State's submergedwithin the coastal strip shaU be prohibited. lands shall not be granted without the priorSuch pipelines generaUy shaU be aUowed if approval of the U.S. Department of Defense,they transit the coastal strip and environmental and shaU be subject to any restriction or limita-safeguards are observed. However, if such tion imposed by the Department of Defense.pipelines represent a significant danger of pol- [Authority - 7 Delaware Code 6104]lution to the coastal strip or generate pressure 13' Easements for mineral exploration andexploi-for construction of industrial plants in the coastal tation underlying that part of the surface of thestrip, they shaU be prohibited. Atlantic shore owned by the state be permitted[Authority - 7 Delaware Code 7001,7002 and 7003; at such times and places as necessary to-permitInf. Attorney General Opinion No. 77-33, July 6, the extraction and transportation of oil, gas,19771 sulphur or other minerals from state, federal or

10. The Secretary of the DNREC, upon appUca- private lands, but permanent interference withtion by any person, may permit geological, the surface of the Atlantic shore shaUgeophysical and seismic surveys, including the be prohibited.taking of cores and other samples, or the tide [Authority - 7 Delaware Code 6102(d), 6118 andand submerged lands of this State. Such per- 6119(a)]mits shall be nonexclusive and shaU not give 14. Before offering tide and submerged lands forany preferential rights to any oil, gas and sulphur leasing for possible mineral development, oror other mineral lease. After consultation with whenever any person files a written appUcationthose agencies of the State having an interest in with the Secretary of DNREC requesting thatthe possible effects of the leasing, the Secretary lands be offered for leasing, accompanying theshaU include such rules and regulations in the same with the required fee, the Secretary shaUpermit as it deems necessary to protect the fish, hold apublic hearing as provided in 7 Delawaregame, wildlife and natural resources of the Code 6107. After the pubUc hearing, the Secre-State. The Secretary may prohibit such surveys tary shaU determine whether an invitation foron any area if it is determined that a lease, if bidding to lease the area under considerationappUed for, should not be granted as to such would be in the pubUc interest. In such determi-areas. The Secretary shaU include in a permit nation the Secretary shall consider whether aconditions and payment proper to safeguard lease or leases of the area under considerationthe interests of the State. would:[Authority - 7 Delaware Code 6103 and 6104] a. Be detrimental to the health, safety, or

AR32I792

30___Delaware Coastal Management Policies5.A.4. Subaqueous Lands and Coastal Strip Management

welfare of persons residing in, owning real poUution or contamination arising from:property or working in the neighborhood a. The acts of omissions of the lessee or itsof such areas. officers, employees or agents; or

b. Interfere with the residential or recrea- b. Events that could have been prevented bytional areas to an extent that would render the lessee or its officers, employees orsuch areas unfit for recreational or residen- agents through the exercise of a hightial uses or unfit for park purposes. degree of care.

c. Destroy, impair or interfere with the aes- [Authority - 7 Delaware Code 6119(b)].thetic and scenic values of the Delaware 17. Subaqueous lands within the boundaries ofcoast, or other affected area. Delaware constitute an important resource of

d. Create any air, water and other poUution; the State and require protection against uses ore. SubstantiaUy endanger marine changes which may impair the pubUc interest

life or wildlife. in the use of tidal or navigable waters.f. SubstantiaUy interfere with commerce or [Authority - 7 Delaware Code 7201].navigation. . No Person shall deposit material upon or

g. Protect state lands from drainage of oU, remove or extract materials from, or construct,gas or other minerals or objectionable sub- modi{ *V& or reconstruct, or occupy anystances. structure or facility upon submerged lands or

[Authority - 7 Delaware Code 6107] tidelands without first having obtained a per-15. Avoidable poUution or avoidable contamina- rat, lease or letter of approval from the DNREC.

tion of the ocean and of the waters covering Such permit, lease or letter of approval, ifsubmerged lands, avoidable poUution or avoid- granted, may include reasonable conditionsable contamination of the beaches or land required in the judgement of the DNREC tounderlying the ocean or waters covering sub- protect the interest of the pubUc. If it is deter-merged lands, or any substantial impairment of mined that granting the permit, lease or ap-and interference with the enjoyment and use proval wiU result in loss to the pubUc of athereof, including but not Umited to bathing, substantial resource, the permittee may beboating, fishing, fish and wildlife production, required to take measures which wiU offset orand navigation, shall be prohibited and the mitigate the loss.lessee shaU exercise a high degree of care to [Authority - 7 Delaware Code 7205]providethatnooU,tar,residuaryproductofoU 19- extent of Jurisdictional authority overor any refuse of any kind from any weU or PubUc or Private subaqueous lands includesworks shaU be permitted to be deposited on or ^ activity a navigable stream or water-pass into the waters of the ocean, any bay or body' which have a hydrologic connection toinlet thereof, or any other waters covering natural waterbodies. "Activity" includes, butsubmerged lands; provided, however, that this ls not limited to» any human induced action,poUcy does not apply to the deposit on, or such as dredging, draining, filling, grading,passing into, such water or waters not contain- bulkheading, mining, driUing, extraction ofing any hydrocarbons or vegetable or animal materials or excavation, or construction of anymatter kind, including, butnotUmited to, construction[Authority - 7 Delaware Code 6119(a)] of a boat ramp or slip, breakwater, residences,

16. For the purposes of this section, "avoidable bridge, bulkhead, culvert, dam, derrick, deck,poUution" or "avoidable contamination" means groin, jetty, lagoon, gabion, rip-rap, launching

SR32I793

Delaware Coastal Management Policies ' 315.A.4. Subaqueous Lands and Coastal Strip Management

facm'ty, marina, mooring facUity, pier, seawaU, able structures over private subaqueouswalkway, or wharf. lands, except no permit or letter is required[Authority - State of Delaware Regulations Govern- for repairs or structural replacementsing the Use of Subaqueous Lands, amended Septem- wnicn g above mean low tide m&ber 2,1992, Section 1.02(A)(1)] .. , , . ,.

20. The foUowing types of activities in, on, over, **«* d° nOt mcf fse ™* &™™°™ oror under private subaqueous lands require a T stru ture-. _i c L • f- i- [Authority -State of Delaware Regulations Govern-permit or letter of authonzation from the ing the Use of Subaqueous Lands, amended Septem-DNREC: ber 2,1992, Section 1.03(C)]a. Construction of a convenience structure or 21. The foUowing types of activities on pubUcboat docking facility. subaqueous lands require a lease, permit, or

b. Construction of a shoreline erosion control letter of authorization from the DNREC:structure or measure. a. Construction or use of any structure on, in,

c. Dredging, filling, excavating or extracting under, or over pubUc subaqueous lands,of materials. including but not Umited to, any conven-

d. Excavation, creation, or alteration of any ience structures, shoreline erosion controlchannel, lagoon, turning basin, pond, em- structure or measure, or boat docking facU-bayment, or other navigable waterway on ity.private subaqueous lands which will make b. Dredging, filling, excavating or extractingconnection with public subaqueous lands. of materials.

e. Dredging of existing channels, ditches, c. Continuous anchoring or mooring of adockages, lagoons and other navigable wa- commercial vessel used in a commercialterways to maintain or restore the approved activity on or over public subaqueous landsdepth and width. for thirty (30) or more calendar days

f. Excavation of land which makes connec- during any consecutive three (3) months.tion to public subaqueous lands. d. The laying of any pipeline, electric trans-

g. The laying of any pipeline, electric trans- mission line, or telephone line in, on, over,mission line, telephone line, or any other or under the beds of public subaqueousutility structure in, on, over, or under the lands.beds of private subaqueous lands. e. InstaUation of temporary or permanent

h. InstaUation of temporary or permanent mooring buoys or private marker buoys.mooring buoys or private marker buoys. f. EstabUshment of an anchorage for mooring

i. EstabUshment of an anchorage for the use more than two (2) boats or which serves asof a mooring for more than two (2) boats a permanent place for resident vessels.or for appurtenant onshore services. g. Anchoring or mooring a floating platform

j. Anchoring or mooring a floating platform over pubUc subaqueous lands and for a pe-over private subaqueous lands and for a riod of twenty-four (24) consecutive hoursperiod of twenty-four (24) consecutive or more.hours or more. h. Maintenance dredging of existing or new

k. Anchoring or mooring any vessel or plat- channels, ditches, dockages, lagoon andform over public subaqueous lands for other waterways to maintain or restore therevenue generating purposes. approach depth and width.

1. Repair and replacement of existing service- i. Anchoring or mooring any vessel or plat-

HR32I79U

32___Delaware Coastal Management Policies5.A.4. Subaqueous Lands and Coastal Strip Management

form over pubUc subaqueous lands for natives, the extent to which the appUcantrevenue generating purposes. can employ mitigation measures to offset

j. Repair and replacement of existing service- any losses incurred by the public.able structures over private subaqueous h. The extent to which the public at largelands, except no permit or letter is required would benefit from the activity or projectfor repairs or structural replacements and the extent to which it would sufferwhich are above the mean low tide and detrimentwhich do not increase any dimensions or i. The extent to which the primary purpose ofchange the use of the structure. a project is water- dependent

k. New dredging activities of channels, [Authority - State of Delaware Regulations Govern-ditches, dockage, or other waterways. mithe Use of Subaqueous Lands, amended Septem-

[Authority - State of Delaware Regulations Govern- ^ 2'1992'Section 3>01(A)]ing the Use of Subaqueous Lands, amended Septem- 23- The DNREC shall consider the impact on theber 2,1992, Section 1.04(B)] environment, including but not limited to, the

22. The DNREC shaU consider the pubUc interest foUowing:in any proposed activity which might affect the a. Any impairment of water quality, eitheruse of subaqueous lands. These considerations temporary or permanent, which may rea-include, but are not limited to, the following: sonably be expected to cause violation ofa. The value to the State or the pubUc in the State Surface Water Quality Standards.retaining any interest in subaqueous lands This impairment may include violation ofwhich the applicant seeks to acquire, in- criteria or degradation of existing uses;eluding the potential economic value of the b. Any effect on shellfishing, finfishing, orinterest other recreational activities and existing or

b. The value to the State or the pubUc in designated water uses;conveying any interest in subaqueous lands c. Any harm to aquatic or tidal vegetation,which the appUcant seeks to acquire. benthic organisms or other flora and fauna,

c. The potential effect on the pubUc with re- and their habitats;spect to commerce, navigation, recreation, d. Any loss of natural aquatic habitat;aesthetic enjoyment, natural resources and e. Any impairment of air quality either tem-other uses of the subaqueous lands. porarily or permanently, including noise,

d. The extent to which any disruption of the odors, and hazardous chemicals;pubUc use of such lands is temporary or f. The extent to which the proposed projectpermanent may adversely impact natural surface and

e. The extent to which the appUcant's pri- groundwater hydrology and sedimentmary objectives and purposes can be transport functions.realized without the use of such lands [Authority - State of Delaware Regulations Govern-(avoidance) ™8 the Use of Subaqueous Lands, amended Septem-

f. The extent to which the appUcant's pri- n SS?? ™ .A u , i, .A u- J u i 24. The DNREC shaU also consider the foUowingmary purpose and objectives can be real- „ j . • u *u i_ v. /,r f . . . . . . to determine whether to approve the applica-ized by alternatives, i.e. minimize the ^ FF vvscope or extent of an activity or project ' . i_- L ,_and its adverse impact a. The degree to which the project represents

g. Given the inability for avoidance or alter- an encroachment on or otherwise interferesJ with public lands, waterways or surround-

^32/795

Delaware Coastal Management Policies ' 335.A.4. Subaqueous Lands and Coastal Strip Management

ing private interests. the approved disposal area. AU pipelinesb. The degree to which the project incorpo- shall be kept in good condition at all timesrates sound engineering principles and ap- and any leaks or breaks shaU be immedi-propriate materials of construction. ately repaired.

c. The degree to which the proposed project d. Materials excavated and not depositedfits in with the surrounding structures, directly into an approved disposal areafaciMes, and uses of the subaqueous lands shall be placed in scows or other vesselsand uplands. and transported to either an approved

d. Whether the proposed activity compUes enclosed basin, dumped, and then re-with the State of Delaware's Surface handled by hydrauUc dredge to an ap-Water Quality Standards both during proved disposal area, or to a mooringconstruction and during subsequent opera- where scows or other vessels shaU betion or maintenance. unloaded by pumping directly to an ap-

e. The degree to which the proposed project proved disposal area.may adversely affect shellfish beds or e. When scows or other are unloading with-finfish activity in the area. out dumping, they shaU have their contents

[Authority - State of Delaware Regulations Govern- pumped directly into an approved disposal?gi Jo6, *? ? SHSS" Lands> dated SePtember area by a means sufficient to preclude any2,1992, Section 3.01(Q] , i . , . , , , v . J

25. The foUowing concerns for protecting water f Tloss of mat?f to the body of water.quality shall be specifically considered by the f'to approved ***** ***** ** apphcantDNREC in evaluating appUcations for dredg- *** construct ***temporary ****** or• • t use any means necessary to control thea. All dredging is to be conducted in a man- dredge effluent, except borrowing from thener consistent with sound conservation and outer slopes of existing embankments and/water poUution control practices. SpoU and OT hydrauhc placing of perimeter embank-ffll areas are to be properly diked to con- ments JFor bermed disposal sites, a mini-tain the dredged material and prevent its mum f?eb°ard °f ™> .(2) f661'measuredentrance into any surface water. Specific verticaUy from the retained materials andrequirements for spoils retention may be waf to **top <*** adJacent ******specified by the DNREC in the approval, embankment, shall be maintained at aU

. ,. times.permit or license. _ ,. , „b. AU material excavated shaU be trans- g' aPP ant shaU not obstruct drainageported, deposited, confined, and graded to or f 1 fluslunf.on exifnt *"£*** °rdrain within the disposal areas approved by upland «?s adjacent ?»"*>•™* ~the DNREC. Any material that is deposited Cant shf frf'clear' fd ™ob~elsewhere than in approved areas shaU be ted °° of sewers' dramaSe fremoved by the appUcant and deposited J ™? ""f" 8tr?ct™ «*, A- A ?<i r *» fected by the disposal operations. Thewhere directed at the applicants expense, , , J . .* . * ,. .,, . , .. . , .. . . dredged materials shaU be distributedand any required mitigation shaU also be at ..,? .. .. . . """"", ,. , within the disposal area in a reasonablythe appUcant s expense. . - r 4 . , „ , . J.... j u u j i - j j uniform manner to permit fuU drainagec. Materials excavated by hydrauUc dredge .. A- A - A ** *•«, „ , ,, J . ,. ,. ,,* without ponding during and after fillshaU be transported by pipeline directly to «j* J r r operations.

flR32i796

34___Delaware Coastal Management Policiesh. The dredging operation must be suspended unless otherwise approved under Subsec-

if water quaUty conditions deteriorate in tion 3.03B(8) of the State of Delawarethe vicinity of dredging or spoU disposal Regulations Governing the Use ofsite. Minimum water quality standards may Subaqueous Lands.be included as an element of the permit d. Dredging channels, cleaning marinas orand shall be monitored by the appUcant other subaqueous areas by using propeUerViolation of these conditions shaU be cause wash from boats.for immediate suspension of activity and [Authority - State of Delaware Regulations Govern-notification of the DNREC. Dredging shaU *"«the Use of Subaqueous Lands, amended Septem-not be resumed until water quality condi- "* 2'1992'Section 3'05(D)]tions have improved and the DNREC has 5 A 5 CMP Policies forauthorized the resumption.

[Authority • State of Delaware Regulations Govern- BOITOW PltSK61Uf °f SubaqueousLandS,amendedSePtem- L Secretar of me DNREC shall develop,ber 2,1992, Section 3.05(C)] . ' f

26. The following types of dredging projects are ment «* enforce, and may amend, modifyprohibited" and repeal, after notice and public hearing, aa. Dredging of biologicaUy productive areas, P"*""1 to protect the waters of the State ofsuch as nursery areas, sheUfish beds, and Delaware from adverse environmental impactssubmerged aquatic vegetation, if such relatinS to me operation of borrow pits- todredging wiU have a significant or lasting addttlon to other authonty wluch *° Sec-impact on the biological productivity of rctary may exercl,f for *» purpose under Ime g . Delaware Code. Chapter 60 or other chapters

b. Dredging of new dead-end lagoons, new of *» D aware Code, the Secretary may:basins and new channels, which have a a' Rec*uire borrow pit owners/operators tolength to width ratio greater than 3:1 and obtam °Perating Perm«s from the DNREC.for which the applicant cannot prove, by b' Re(luire reclamation of abandoned pits byclear and convincing evidence, that such owners/operators;dredging would not violate State Surface c* Recluire bonow plt owners/operators to se-Water QuaUty Standards. This subsection *** b°CTOW & prcmises from ***&shaU not apply to marina projects governed dumping, disposal of wastes or vandalism;by the Marina Regulations. aa

c. Dredging channels, lagoons or canals d Adopt»amend' modify or rePeal ™les ordeeper than the existing controlling depth regulations to effectuate Section 60?g of 7^.1. ^ _ «• Delaware Code.of the connecting or controlling waterway, v* ^ v vvvv-

6 6 J [Authority-7 Delaware Code, Section 6038]

Delaware Coastal Management Policies ' 35

AREAS OF SPECIAL INTEREST

R 1 Pllhlir T flnrlc" [Authorities 1-5-The authority for management of.AJ.X. A ULUIV j aiiua these resource areas is vested primarily in DNREC

pursuant to Title 7, Chapters 45 and 47 of theDelaware Code]

GeneratCMPPomesfor-PubUc 5.B.2. Natural AreasLands" Management

1. DNREC shaU supervise, control and care for ManagementDelaware's "pubUc lands".

2. The State shall pursue aU necessary and appro- General CMP Policy for Natural Areaspriate remedies to address encroachments upon Managementstate "public lands" and to protect their integ- 1. The State, acting through DNREC, shaU ac-rity from further claim. quire and hold in trust for the benefit of the

3. AU private development on "public lands", people an adequate system of nature preservesexcept that authorized by DNREC for pubUc for the following uses and purposes:use, shaU be prohibited. a. For scientific research in such fields as

4. The' 'public lands'' shaU remain appropriately ecology, taxonomy, genetics, forestry,marked with permanent monuments and the pharmacology, agriculture, soil science,location and coordinates of each monument geology, conservation, archaeology, andshall be tied to the state plane coordinate sys- other subjects;tern andrecorded with the recorder of deeds for b. For the teaching of biology, natural his-Sussex County. Detailed drawings, survey work tory, ecology, geology, conservation, andsheets and field notes, perimeter descriptions, other subjects;and other pertinent property records shaU be c. As habitats for plant and animal specieslikewise recorded. and communities and other natural objects;

5. DNREC shall manage these lands for pubUc d. As reservoirs of natural materials;recreation purposes and for the conservation e. As places of natural interest and beauty;and preservation of their natural resources and f. As Uving Ulustrations of our natural heri-beauty. A management priority shaU be the tage wherein one may observe and experi-maintenance of pubUc access to the beach and ence natural biotic and environmentalocean where such access can be accommodated systems of the earth and their processes;without serious damage to the primary re- g. To promote understanding and apprecia-sources. The Department may lease certain tion of the scientific, educational, aes-portions for highway and utiUty purposes as it thetic, recreational and cultural values ofdeems advisable and for the pubUc good. such areas by the people of the State ofManagement of these lands shaU be consistent Delaware.with the State Comprehensive Outdoor Rec- h. For the preservation and protection ofreation Plan (SCORP) and in accordance with natural areas against modification or en-sound master planning activities. croachment resulting from occupation, de-

8R321798

36___Delaware Coastal Management Policies5.B.2. Natural Areas Management

velopment, or other use which would may acquire the fee simple interest in naturaldestroy their natural or aesthetic condi- areas or any one or more lesser estates, inter-tions. ests, and rights therein, including a leasehold

[Authority - 7 Delaware Code 7303, 7302(6) and estate, and easement either granting the state73061- specified rights of use or denying the grantor

Specific CMP Policies for Natural Areas specified riShts of use or bot*1'.a,license' a,, . covenant, and other contractual nghts.Management [Authority - 7 Delaware Code 7306(a)]

2. DNREC shaU develop criteria and policies for 6. DNREC shaUpubUsh and disseminate informa-selecting natural areas for acquisition andpres- tion pertaining to natural areas within the Stateervation. At a rninimum, such criteria and poli- ^ it deems necessary to effectuate the purposescies shaU consider the uses and purposes Usted of these poUcies.in poUcy statement number one, as weU as [Authority - 7 Delaware Code 7307(7)]areas of unusual natural significance. Until 7. DNREC may, as it deems necessary to effectu-such criteria and policies are developed, DNREC ate the purposes of these policies, encourageshall, in its selection of natural areas for acqui- and recommend to private, pubUc and govern-sition and preservation, consider poUcy state- mental entities that they dedicate natural areasment number one and the unusual natural sig- to DNREC for preservation purposes.nificance of areas which may be selected. [Authority - 7 Delaware 7307(5)][Authority-7 Delaware Code 7307(a) and 7305(a)(3 8. AU units, departments, agencies, and instru-and 4); DNREC Regulations Governing Natural Areas mentalities of the state, including counties,

* o r'T;.J?J> i9811- • . municipaUties, schools, coUeges and universi-3. DNREC shaU estabhsh and maintain a registry ti m empowered to ^ suit.of natural areas of unusual significance to able Qr Qrtions rf ^ ^ensure that such areas are consideredforpos- jurisdiction to DNREC for preservation pur.sible dedication. DNREC is also encouraged to nosesestabUsh and maintain registries of other natu- [Authority - 7 Delaware Code 7311]ral areas for the same purpose, and to develop 9. DNREC may accept transfers of real propertycriteria for the selection of natural areas for fOT preservation purposes with the expressregistration. understanding that the grantors may, under[AH 7;m1DeIaWare C0de ?3°3' ?3°7 (2 8nd * »Pedficd conditions, rescind such transfers.

A xror i it i u * •>* [Authority-7 Delaware Code 7306(d)]4.DNRECshaUmakewhateversurveysitdeems JQ. DNREC shaU adopt additional poUcies for the

necessary to accomphsh the purposes of the acquisition of natural as it deems neces.natural areas program. effectuate the purposes of these CMP[Authority - 7 Delaware Code 7307(6)] ... r r

5. DNREC may acquire, for and on behalf of the ?A° ieS-l. , ™ ,Oi , rTv i i i. -f j • [Authority - 7 Delaware Code 7307(1)]StateofDelaware,naturalareaSbygift,devise H. Natural areas acquired pursuant to these poU-purchase, exchange, or any other method of des be established as nature ervegacquiring real property or any estate, interest ^ shaUnotbe acquired for the estabUsh-ornghttheremprovided Aat any interest owned mem rf natufe ^ ^ ^ ofby the State or by any subdivision tiiereof may acquisition restrict ±Q use of ±G M mbeacquiredonly by voluntary act of theagency ^ a manner which tel ^ for itghaving junsdiction thereof. The Department preservation protection against modifica-

Delaware Coastal Management Policies 37tion or encroachment plan designating critical areas pursuant to Title[Authority - 7 Delaware Code 7306(a and c)] 29. Chapter 92 of the Delaware Code.

12. DNREC shall enforce the terms of acquisition [Authority - Executive Order Number 61; 29 Dela-of property acquired for nature preserves. ware Code 9201,9202(4), and 9212][Authority - 7 Delaware Code 7310,7305(e)(4), 7307(4and 8) and 7308] 5.B.3. Flood Hazard Areas

13. Nature preserves shaU not be taken for any use TV/fan a o*»m*»ntinconsistent with preservation except for an- IVidllttgeineill

ZftSSSS" Genera! CMP Policy for F Ha rab. A finding by DNREC that an imperative Areas Managementand unavoidable pubUc necessity for such * • primary responsibUity for floodplain man-other pubUc use exists. agement in Delaware shall rest with the local

c. Approval of the governor after consulta- units of government in the state.tion with the Delaware Natural Areas fS 'Jf t ' ~i 5 S£ n'fr *?£%... _ .. Ch. 26,30,44,49,63,68 and 69; 22 Del. Code Ch. 3]Advisory Council.

d. A legislative act, not less than six months Specific CMP Policies for Flood Hazardfrom the date of the governor's approval Areas Managementauthorizing such taking. 2> lMal units of emment state m

ThispoUcy shaUnotapply,however,tonatural arthorizcd- pursuant to local zoning powers,areasdedicatedasnaturepreservesiftheterms subdivision regulations, building codes, andof such dedication provide otherwise other applicable power vested in such units[Authority - 7 Delaware Code 7308 and 7309] -J ™ v „ ,, ,

14. DNREC shaU formulate additional policies of g°vemment--to manage flood hazard areasandrules for the use, management, andprotec- m * J 'WhlCh1S ">nsistent ™* Ae Fed~tionofnaturepreservesasitdeemsnecessaryto ^ .jj ^ S LlS KLCeffectuate the purposes of these CMP policies. Ch. 26> 30> 44,49> 63> 68 and 69; 22 DeL Code Ch. 3]At a minimum, such poUcies and rules shaU 3. The designated lead state agency for the CMPprovide that the extent and type of visitation implementation shaU encourage local units ofand use to be permitted shaU be consistent with government in the state to participate in thethe objectives of policy statement number one. Federal Flood Insurance Program.[Authority - 7 Delaware Code 7307(1), 7308,7305(e)(4), [Authority - Executive Order Number 61]and 7303] 4.TheDelawareDepartmentofNaturalResources

IS.DNRECisempoweredandurgedtofosterand and Environmental Control shaU monitor andaid in the estabUshment, restoration, and pres- annuaUy review local floodplain managementervation of natural areas within the state else- programs adfl pursuant Federal Roodwhere than in nature preserves, including areas Insurance Program to determine if they areon the registries estabUshed pursuant to poUcy bdng administered properly m achievingnumber three. flood damage reduction objectives. The State[Authority-7Delaware Code7307(8)] periodicaUy review the federal

16.TheDelawareOffk:eofManagement,Budget, ^ ds ywlytoDelwzreand Planning shaU consider areas registered x , f . .ff, J, *r J . . ^6 ,. , , , . , to determine if they are adequate to mitigatepursuant to policy number three during the , . ., . 4 , ~ , .**. , 4 , **v .j *u -A damage ui the State'sfloodplains and to deter-preparation or amendment of the statewide

flR32!800

38___Delaware Coastal Management Policiesmine whether federal agencies are complying 8. The designated lead state agency responsiblewith the spirit and intent of Presidential Execu- for CMP implementation shaU monitor federaltive Order Number 11988. In the event that any actions which may affect state or local floodof the above determinations indicate the need hazard areas management, and take whateverfor remedial action, the aforementioned agency action it deems appropriate to encourage orshaU take whatever measures it deems appro- require such actions which are inconsistentpriate to correct the situation. with such management to be modified in a[Authority - Executive Order Number 61] manner that wiU make them consistent

5. AU state agencies shaU participate in and com- [Authority - Executive Order Number 61]ply with the requirements of the Federal FloodInsurance Program. 5.B.4. Port of Wilmington[Authority - Executive Order Numbers 48 and 61] Manno^mnnt

6. State agencies shaU to the maximum extent ivj-diidgcmeiiipossible mininoize the threat posed by flood G , c Policy for Port ofhazards for the foUowing activities: JJ Ja. the construction of state buildings, struc- Wilmington Managementtures, roads or other facilities; L T*16 long-term economic viabUity andcompeti-

b. the administration of grant or loan pro- tiveness of the Port of Wilmington should begrams involving such construction by other encouraged and supported.goverrimenta][entities or private parties; & ^ CMp Policiesfor port of

c. the transfer of lands or other properties; ,., . ,,d. programs which affect or influence land Wilmington Managementdevelopment ^ Tte I360?!6 wno benefit from the Port of Wilming-

[Authority - Executive Order Numbers 29,48 and ton should contribute to its support and help61; 29 Del. Code 9212 and 9225] maintain the financial health of the port

7. AU state agencies, in cooperation with the 3. Expansion of the Port of Wilmington along theDelaware Department of Natural Resources Delaware River is encouraged to meet futureand Environmental Control, shaU conduct a national and regional transshipment needs andsurvey of their holdings and identify those to reduce the dredging and spoils disposal ac-structures and sites which are flood prone. An tivities associated with port operations alonginventory shaU be maintained by such agencies the Christina River. Port expansion, however,and updated as of June 30 of each year, indicat- should not proceed if such expansion means airing: such structures, sites, and uses thereof; the and water quaUty standards cannot be keptreplacement or current economic value of the 4. The port should be promoted for general cargostructures, their contents, and sites; andrecords transfer and, to the extent feasible, as a locationof flood-related damage incurred by the struc- for the support of outer continental shelf devel-rures, contents or sites. oprnent[Authority - Executive Order Number 48 and 61]

Delaware Coastal Management Policies ' 39

OTHER AREAS OF INTEREST

5.C. 1. V^OOdlandS and e recle Lto numerous smaller communi-. . . _ _ ties which have adequate in-place pubUc serv-AgriCUltural Lands jces ^ facuities, as weU as adequate land areaPolicies to accommodate new development

CMP Woodlands Policy 5.C.2. CMP Historic and1. Federal, state, and local government, as weU as Cultural Areas Policiesprivateindividualsandentities,shouldsupport L public private entities whose actionsand encourage the prevention of unwarranted may interfere with ±& enjoyment or other usedestruction or damage to woodlands. PubUc of historic and cultural areas in Delaware shouldandprivate interests mustrecognize that wood- CQnsider ±& need to preserye protect lands have economic, recreational, wUdlife, mu prior to g such actions> and shouldwater supply and scenic values. State actions preserve andprotect such areas wheneverprac-shaU avoid the unnecessary damage or destruc- ticabletion of woodlands. 2 Stafc and local unitg of government shallj to meCMP Agricultural Lands Policies maximum extent possible, coordinate their

2. AU public and private entities whose actions activitifs ma? ^ *******may SubstantiaUy affect agricultural lands in and cultural areas with the Delaware DivisionDelaware, or the agricultural productivity of , Tf1 ^ P^««»l Affiun.such lands, should consider the need to pre- 3' ** federal aSencies ** departments shall toserve and protect such lands prior to taking ±G maximum extent possible:such actions, and should preserve and protect a' «*«6™* &™ activities which may ad-agricultural lands whenever practicable. State !frfely affect lustonc and cultural areas inagenciesshallprotectandpreserveagricultural Delaware witii the Delaware Division oflands to the maximum extent practical. u mustoncal and Cultural Affairs; and,

3. The development of scattered rural residential b*otherwlse C°°Perf 7? *6 DmSfn msettlements should be discouraged as long as accordance with the federal agency sthere are reasonable alternative locations for ^ manda'e<i responsibilities.such development, such as in or immediately $£$ CMp Living Resourcesadjacent to existing communities or areas where t t °underutilized sewer systems, water systems, PoliciespoUce and fire faciUties, and other community i. The quantity and quality of fish and wUdUfefaciUties and services are avaUable. habitat shaU be preserved to the maximum

4. The use of farmlands for non-agricultural pur- extent possible.poses should be discouraged by the Farmers 2. Agricultural practices should be conducted in aHome Administration and aU other pubUc fi- manner which reduces pesticides and sedimentnancing programs. Instead, development should loads to estuaries, bays, and other waterbodies.

SR32I802

40___Delaware Coastal Management Policies3. Mosquito and other pest controls shaU use wUdlifeis encouraged through education and

techniques of marsh management which re- technical service programs offered to pubUcduce the application of chemicals and which and private agencies, as weU as individuals.substitute biological controls.

4. Adequate and safe boating and fishing faciUties 5.C.4. CMP Mineral ReSOUrCCshould be provided and maintained, in order to PolicVassure access to coastal waters for these recrea- ^tional pursuits. FiUing of wetiands shaU be L ""» extraction «* production of mineralsavoided wherever possible and mitigating or should be enc°uraged, but in a manner whichcompensating measures employed where fiU- maintains environmental quaUty.ing is unavoidable. c p c PIVfP Qtafo Own AH

5. Delaware's wUdlife shaU be managed to main- 3- -S- *-1VAr BlAie W wneatain a population which wiU support recrea- COHStal Recreation andtional hunting, commercial fur trapping, and Pninsprvsitinn T and*non-consumptive uses such as bird watching Conservation LanttS •and nature study. Policy

6. Endangered species shaU be protected to the i. State owned recreation and conservation landsextent possible. Sh3li be managed, preserved, and protected, for

7. A sustainable yield of State finfish and sheUfish the long-range pubUc recreation and conserva-shaU be assured by the estabUsbing and enforc- tion use and enjoyment thereof.ing harvest quotas, equipment and seasonallimitations; Ucenses and other requirements; 5.C.6. CMP Public Trustand through habitat enhancement and protec- UnrtritiA Pnli vtion measures. UOCCrlne rOllCy

8. Adequate funds should be provided for fish and L e Public have a riSht of navigation andwUdlife management programs. fishery on aU streams where the tide ebbs and

9. Interstate planning and management of finfish flows' even though the riparian proprietor'sand shellfish which are shared by more than es cover the place; but they have no right toone state should be promoted. lan<i fish on private property, above high water

10. Federal actions which may interfere with or marks.otherwise adversely affect fish and wildlife in ¥£££**' Bi°kel V* P°lk'Dd*Supr*5 Harr*32SDelawareshaUbemiplementedonlyaftercare- 2 DCMp wiu consider ^ TmstM consultation with DNREC and exploration Doctrine during consistency reviews involvingof alternatives less damaging to such fish and „„__.. u ° ., ,: , ,,..,.._ & 6 properties between the high and low waterwildlife.

11. The wise use and enjoyment of fish and

^321803

Delaware Coastal Management Policies ' 41

DEVELOPMENT ISSUES

5.D.2.* CMP Development c- Delaware should encourage developmentof industrial areas that are located so thatservices can be provided economicaUy,

1. Community Patterns: mass transportation can serve the needs ofa. New community development actions the workers, and the industries wiU drawshould discourage ' 'sprawl' '. on and support existing raU lines, ports,

b. New community development generaUy and air terminals.should occur within or near existing popu- d. Delaware should assume regulatory con-lation concentrations where utility net- trol over any future sites or rights-of-wayworks and community faciUties and serv- for marine terminals, bulk transfer faciU-ices are already in place or can economi- ties, or utin'ties including pipelines.caUy be expanded. e. Delaware and its local governments should

c. EstabUshed urban centers, small and large, estabUsh standards and criteria for indus-should be revitalized and recognized, for trial location including optimum size,the values of their in-place structures, utiUty avaUability, accessibility, and thefaciUties and institutions. overaU impact on local communities, such

2. Commercial Land: standards to be met prior to rezoning fora. Commercial strip development that im- industry. The State shaU not promote a sitepedes traffic flow throughout the highway for industrial purposes when utilization fornetwork, reduces the operating capacity of that purpose is contrary to the land useroadways, and decentralizes commercial plan in the area.activity should be significantly curtailed. 4. Institutional Land Use - Public and tax exempt

b. Major commercial development should be private institutions, services, and facilities shouldencouraged in existing central business dis- be located to serve urban concentration andtricts. should comply with land use, drainage, and

c. Highway oriented uses should be clustered other regulatory plans.and not strung out along major highways.

3. Industry and Industrial Land Use: 5.D.3. Energy Facilitiesa. Use of existing unused industrial sites and i. For the poUcies contained in Section 5.D.3, thebuUdings should be encouraged wherever « 'coastal zone' ' is defined as all that area of thethey can be adapted to today's industrial State, whether land, water or subaqueous landneeds. between the territorial limits of Delaware in the

b. Delaware should encourage the introduc- Delaware River, Delaware Bay and Atlantiction of new industries that optimize the Ocean, and a line formed by certain DelawareState's resources and the special skiUs and highways androads as defined in Section 7002needs of Delaware residents. of the Delaware Coastal Zone Act. Title 7

Delaware Code. Chapter 70.*Secaon5.D.loftheoriginaldocument(Introduction)didnot [Authority - 7 Delaware Code 7002]contain any enforceable policies. Therefore, it has not beenincluded in this Document Update. • •

42___Delaware Coastal Management Policies5.D.3. Energy Facilities2. Heavy industry uses of any kind not in operation and operation safeguards; a demonstrated re-

on June 28,1971, are prohibited in the coastal duction of tanker traffic and Ughtering in thezone and no permits may be issued therefor. In bay; and assurances that state financial inter-addition, offshore gas, Uquid or solid bulk ests are protected.product transfer faciUties which are not inoperation on June 28,1971, are prohibited in Specific CMP Policies for OCS Oil andthe coastal zone, and no permit may be issued Gas Facilitiestherefor. 7. The CMP generally supports OCS development[Authority - 7 Delaware Code 7003] faciUties due to the compeUing national inter-c -f f**T>T> i- • f -D i est and lack of viable alternatives.Specie CMP Policies for Petroleum g Coastal Management p, ^ permits

Refineries offshore oU and gas exploration and develop-3. The CMP absolutely prohibits the construction ment in Delaware waters, on a case-by-case

of new petroleum refineries in wetiands or in basis, provided adherence to strict environ-the coastal strip lying between a series of inland mental safeguards is assured.roads and the Delaware River and Bay ~ a [Authority - 7 Delaware Code, Chapter 60, Chapterstretch of land which varies from a few hundred 61. Chapter 69, and Chapter 70]yards wide in northern Delaware to a maximum 9. Offshore and onshore pipelines are permittedof 12 miles in the south. by the CMP, provided that state and local[Authority - 7 Delaware Code 7001 and 7003] environmental control and land use standards

4. New petroleum refineries are not prohibited are met and that state-designated wetiands areinland, provided state and local environmental, avoided wherever practical. However, the ter-land use and site development standards are minus of offshore pipelines from both OCSmet. operations and deepwater ports is prohibited in

the coastal strip.Specific CMP Policies for Deepwater [Authority - 7 Delaware Code 7001, 7002(0 and

Ports 7003]5. Deepwater ports on the Delaware side of the 10-New storage tanks connected to OCS faciUtiesDelaware River and Bay are prohibited by the e permitted outside the coastal strip providedCoastal Management Program. Such ports are state and local environmental and land usealso prohibited within Delaware's three mUe standards are metjurisdiction along the Atlantic Ocean. v ifi* r<n/rn n n i*,, f~~ /-«„„ m~..*.,[Authority - 7 Delaware Code 7001 and 7003] S C C CMP P<>llCiesfor Gas Plants

6. Notwithstanding the Coastal Management H-The environmental impact of gas plants is suchProgram objections to a Delaware Bay deep- ****• Ae CMP prohibits them in wetiands andwaterport,theprogramsupportstheconceptof ^ coastal striP-Inland locations are accept-a port offshore the Atlantic Coast, provided it able on a case-by-case basis provided aU statemeets certain environmental standards includ- and local environmental and land use standardsing a location far enough off shore to minimize are met*oU spUl threats to the coast and to obviate ority ' 7 Delaware Code 7001' 7002(e) anddredging requirements; stringent construction

1R32I805

Delaware Coastal Management Policies 43Specific CMP Policies for Liquified exchangeorothernon-cashmethodsisencour-

Natural Gas (LNG) Facilities *&&•12.TheCMPfindsthatthereisnositeinDelaware 4. Completion and implementation of water qual-

suitable for the location of any LNG import- ** management programs statewide (pursuantexport faciUty. to Section 208 of Water PoUution Control Act)

are encouraged in order to solve point and non-Specific CMP Policies for Power Plants point source poUution problems.13. The CMP permits power plants inland and in 5. Expenditures for construction of sewage treat-

the coastal strip provided that state and local ment and transmission faciUties should be basedstandards are met on careful analysis of alternatives, considera-[Authority - 7 Delaware Code 7002(e), 7004 and tion of the impacts on growth patterns withappeal to CZA Case No. 4] particular consideration given to the risks of

14. The Coastal ManagementProgramrecognizes over. extension and over-design, and an under-the national interest in the use of coal fueled standing of the law of diminishing returnspower plants and encourages the siting of such related to the net improvement of water quaUtyplants over others when air quality standards from additional capital expenditures.can be met. 6 The DCMP wiU encourage the use of the[Authority - 7 Delaware Code, Chapter 60 (Section Delaware Water PoUution Control Revolving

15. The Coastal Management Program also per- Fuf<??S **,??*£ consistentmits nuclear power generation faciUties but wiADCMPpohcies.TheSRFisauthonzedby

ii11 ft ArT of tnft Fftn.c*i"3.1 C lf*9n vvsfpr Act" 9 irecommends alternative fuels when feasible , " , ,,T ^ ,. \ ;:; " ,because of safety concerns and the unresolved amendedby the Water QuaUty Act of 1987 andproblems of nuclear waste transfer, storage and Section 8003, Chapter 80, Title 29, Delawaredisposal -Code..[Authority - 16 Delaware Code, 7414 and A. G. 7- Development of recycling and recovery sys-opinion dated April 3,1974] terns is encouraged, by the development of the

State's reclamation faciUty, by establishment5.D.4. Public Investment of a recycling program for state agencies to

PnliriPQ reduce the volume of soUd waste going intolandfiUs, and by encouragement of research

1. New state general obUgation bond authoriza- into use of soM waste M fud QT rawtions shaU not exceed seventy-five percent (75%) material for new products.ofthepreviousfiscalyear'srepaymentofprin- g. Highest priority should be given to maintenanceclPa*- and safety improvements to the existing high-

2. The federal revenue sharing fund should be way systenij md particular ±t coirection ofused to accelerate the retirement of the un- seriously deteriorated and substandard condi-funded liability of the state pension plan. jjons

3. Partly as a result of competition for scarce 9 pAvste development should bear the costs ofcapital, additional large land acquisitions by highway improvements whUe existing andstate agencies are discouraged. Funding prior- prOgrammed roads wiU not be able to carry theity wiU be given to acquisition of inholdings, additional traffic generated by the proposednatural areas, pubUc access sites or other tracts development. In this regard, large traffic gen-of particular value. Acquisition by donation,

HR321806

44 ___ Delaware Coastal Management Policieserators (shopping centers, industries, institu- 5.D.5. CMP Policies fortions, residential complexes) should be dis- . _couragedin areas where serious traffic or safety JvecreatlOn andproblems prevail. Tourism

10 State employment should be reduced where LGovernmentpromotionofrecreationandtour.the volume of work no longer demands the ^ ly m coastal areas, should beprevious number of employees and in order to v / * e -^ • «. JL C* ** . . . * * , , based on a study of their costs and benefits toreduce die need for new office and other state ^ , ., n ^ j »buildin Delaware residents. Recreation and tourist

,, „ * . • • , , , , development that results in unnecessary or^ of dollars for

isencouraged New school construction should benefit of afew individuals or groups shouldbebe discouraged and renovation and reuse of ,. ,existing buildings for educational and other ,, v scourag® • .& , * , 2. Year-round recreational and tounsm programspurposes should be encouraged. jr-v^ j- j.j-I-* rnJ j- „ .,. and facilities are encouraged in order to reduce12. The concept of an enroUment ceiling is en- ... ,. .j . . . , _ ... the reliance on summer-time recreation.couraged in evaluating needs for new higher 0 n . , , , . , , ,j • f .,• • ^ M - . 3. Recreation and tounsm planning and develop-education faciUties. Curtailment of certaui , u i. c /-• u, , , ment programs, such as the State Comprenen-programs and greater cooperation between the ;,. **, ' ^ ™ • rL,. .. . r . . , - sive Outdoor Recreation Planning Programseparate institutions in curriculum develop- /o/'v-.r.™ u j.. , , , . , , . , , v (SCORP), are to be encouraged.ment should be undertaken in order to reduceduplicate facUity requirements. 5.D.6. CMP Policies for

13. The construction of pubUc housing (under the .state housing development fund) is encour- National Defense andaged: Aerospace Facilitiesa. When it is located in existing settled „ ,.T . , , . r^ . , .„.,..1. National defense and national security faculties

b. Where it can be serviced by existing m among. ** hi§her priorities in the manage-faciUties; and ment of coastal zone'

c. Where it wiU provide ready access to 2' ^ ^ aeyospace agencies or firms shallstores, transportation, health care, and COmP1? W1* *OSe K 1 «* en™'other services mental standards unposed under federal law,

Projectswhichdonotmeetthesecriteriashould and they are encouraged to cooperate with statenot be supported by state money. fd cal governments in protecting and en-

14. Consolidation of agencies and levels of gov- . cmg *e environmenternment, redistribution of duties andresponsi- 3* Air InstaUation compatible use zones" shouldbiUties among agencies and other approaches be consideredin land use planning programs inwhich will reduce the duplication and overlap ^ to Pf ect cmzens from noise and pos-among governments are encouraged to reducethe cost of government at aU levels.

Delaware Coastal Management Policies 455.D.7. CMP Policies for ^ Alternatives to the continuation of the present" r^ . Ughtering activity in the bay are encouraged.

Transportation • strict enforcement of oil spiU UabiUty regula-FaCllitieS tions are so encouraged to ensure that aU

1. When essential to the national interest, the transshipment activities are properly conducted.constructionmaintenanceandimprovementof 5JQ g CMp poljcies for Airtransportation systems shaU predominate overless essential interests. Quality Management

2. Construction of transportation faciUties shall be 1. Ambientairquality standards shaU be achieved,consistent with DCMP resource protection poli- through construction and operation permitting,cies. enforcement and monitoring activities pursu-

3. Transportation planning programs shall pro- ant to the State's air quaUty requirements.vide for alternatives to continued reliance on 2. Public information, technical assistance andprivate motor vehicles with their associated improved research and analysis programs arehighway requirements. encouraged to ensure that regulations are rea-

4. The State shaU undertake an accelerated pro- sonable and practical to implementgram of highway maintenance, upgrading, and 3. No person shall initiate construction, instaU,safety improvements. alter or initiate operation of any equipment or

5. The maintenance of an adequate and efficient faciUty or aircontaminantcontroldevice whichrailroad network serving Delaware is encour- will emit or prevent the emission of an airaged. contaminant prior to receiving approval of his

6. The construction of airports and the develop- appUcation from the DNREC. These provi-ment of air passenger and freight services is siOns shall not apply to the operation of equip-encouraged, provided such faciUties adequately ment or processes for the purpose of initiallyconsider air and water quaUty, noise standards, demonstrating satisfactory performance to theand safety in order to minimize impacts on Department foUowing construction, instaUa-present and future development. tion, modification or alteration of the equip-

7. The expansion and promotion of the Port of ment or processes. The appUcant shaU notifyWilmington is encouraged. the Department sufficiently in advance of the

8. Deepwater ports used to transfer bulk products demonstration and shaU obtain the Depart-in Delaware Bay are prohibited because of the merit's prior concurrence of the operating fac-environmental risks associated with their de- tors, time period and other pertinent detaUsvelopment and operation. relating to the demonstration. In situations in

9. New or expanded ports which involve extensive which construction, installation, or alteration isand continual dredging and spoil disposal in proposed and operation of the equipment, fa-order to keep them useable are discouraged ciUty, or air contaminant control device is tounless it can clearly be demonstrated that such foUow, only one appUcation need be submit-faciUties can be developed in an environmen- ted. The appUcation shaU consist of a descrip-taUy sound manner and without imposing tion of at least the foUowing:continuing maintenance costs on any level of a. The equipment or apparatus covered by thegovernment or the general pubUc. appUcation; and

ftR32l808

46 ___ Delaware Coastal Management Policies5.D.8. Air Quality Management

b. Any equipment connected or attached to, 5. No permit shaU be issued by the Departmentor servicing or served by the unit of equip- unless the appUcant shows to the satisfaction ofment or apparatus covered by the appUca- the Department that the equipment, faciUty, ortion; and air contaminant control device is designed to

c. The plot plan, including the distance and operate or is operating without causing a viola-height of buUding within a reasonable dis- tion of any rule or regulations of the Depart-tance from the place where the equipment ment and without interfering with the attain-is or will be instaUed; and ment or maintenance of National and State

d. The proposed means for the prevention or ambient air quaUty standards. The Departmentcontrol of the emissions or contaminant; may, from time to time, issue or accept criteria

e. The chemical composition and amount of for the guidance of appUcants indicating theany trade waste to be produced as a result technical specifications which it deems willof the construction, instaUation, or altera- comply with the performance standards refer-tion of any equipment or apparatus cov- enced in the State of Delaware Regulationsered by this appUcation; Governing the Control of Air Pollution.

f. Any additional information, evidence or [Authority - State of Delaware Regulations Govern-documentation required by the Department 'm% tne Control of Air Pollution, Regulation No. 2,to show what the proposed equipment or . |ecflon 2'4' J™?. *•apparatus wiU do 6. Before a permit is issued, the Department may,,,, , , ' . . ,. require the appUcant to conduct such tests asg. Methods and expected frequency of occur- ^ . , . . - , _— #*u * .1 ju.j ru are necessary in the opinion of the Departmentrence of the start-up and shutdown of the , . , ,. * ,. f ,equipment, including projected effects of t0 deteraune kind and/or amount of theemissions to the atmosphere and on ambi- contaminants emitted from the equipment or

.. whether the equipment or fuel or the operationh. iLTaL and amount of emission to be °?*° ^ be in violation of any ofemitted by equipment, the faciUty, or an *e Fusions of any rule or regulation of theair contaminant control device or emitted Department Such tests stall to made at theby associated mobUe sources. expense of the appUcant and shaU be conducted

[Authority - State of Delaware Regulations Govern- m a manner approved by the DNREC.ing the Control of Air Pollution, Regulation No. 2, [Authority - State of Delaware Regulations Govern-Section 2.1, January 1, 1988] mS *« Contro1 of Air P°"«t«>n, Regulation No. 2,

4. No approval to construct, instaU, alter, or initi- _ ?ction 2.'5' Ja°uary n1' ! 988] . .. ^ .« . * j i Ji v 7. A permit for instaUation, alteration, or opera-ate operation wiU be granted unless the appli- . . „ . .... , \. „ .* u . *u ^ c ^ f -^ tion shaU not be requu d for the followingcant shows to the satisfaction of the Depart- . .ment that the source wiU not prevent or inter- equipmen or apparatus.c • t_ . f a. Au* contaminant detector, air contaminantfere with attainment or maintenance of any , . , , MUUUMUUOj. „ XT . . A. -. ..„ e, . j A recorder, combustion controUer or corn-State or National Air QuaUty Standard. Any , . ' . ..t * j u v Vk -.- u n bustion shut-off.approval granted by the Department shaU not , ,, , , . , , ,,. ^ J v f , .... b. Fuel burning equipment, other thanreUeve an owner or operator of the responsibil- . , n *\ ..., . . ., i. ui i i c* smokehouse generators, which:ity of complying with applicable local, State, . TT 1*1 T r. i.JT- j ii i j i i. Uses only natural gas, LP gas, or otherand Federal laws and regulations. , i*. • JC , jf .[Authority - State of Delaware Regulations Govern- desulfunzed fuel gas and has a rateding the Control of Air Pollution, Regulation No. 2, heat mPut of less than 100 million BTUSection 2.1, January 1, 1988] per hour, or

flR32L809

Delaware Coastal Management Policies ^ 475.D.8. Air Quality Management

ii. Is used in a private dwelling as defined p. Outdoor painting and sand blasting equip-in Regulation 1 contained in the State ment.of Delaware Regulations Governing the q. Lawnmowers, tractors, farm equipmentControl of Air PoUution. and construction equipment

iii. Has a BTU input of less than r. Any Gasoline storage tank at a gasoline1,000,000 BTU per hour. dispensing faciUty, wherein such tank:

c. Air conditioning or comfort ventilating i. Has a storage capacity of 2,000 gaUonssystems. or less and was constructed prior to

d. Vacuum cleaning systems used exclusively January 1,1979, orfor industrial, commercial, or residential U. Has a storage capacity of 250 gaUonshousekeeping. or less and was constructed on or after

e. Ventilating or exhaust systems for print January 1,1979,storage room cabinets. with the exception of gasoUne storage

f. Exhaust systems for controlling steam and tanks having any single calendar monthlyheat throughput greater than 10,000 gallons.

g. Laboratory equipment used exclusively for s. Fireplaces for burning of wood and paper.chemical or physical analyses. t. Residential wood burning stoves.

h. Internal combustion engines and vehicles u. Any stationary storage tank not subject toused for transport of passengers or freight, control by these regulations which containsexcept as may be provided in subsequent any Uquid having a true vapor pressure lessregulations. than 0.5 psia at 70°F or is less than 5,000

i. Equipment or apparatus emitting less than gaUons capacity.ten pounds per day of any air contaminant v. AU motor vehical dispensing pumps at awhich, in the written opinion of the De- gasoline dispensing faciUty if the facilitypartment, has little or no potential of has no single monthly throughput greatercausing air pollution. than 10,000 gaUons.

j. Maintenance, repair, or replacement in [Authority - State of Delaware Regulations Govern-kind of equipment for which a permit to ins *« Control of Air Pollution, Regulation No. 2,operate has been issued. Section 3.1, January 1,1988]

k. Equipment which emits only nitrogen, 8' ?° P~.shaU. cau*e or &aw land clearing,. ,. ., \, land grading (including grading for roads),oxygen, carbon dioxide, and/or water . 6. ~ 6 6 . , 'excavation, or the use of non- paved roads on

i \r ^ ^ u j- private property unless methods are employed1. Ventilating or exhaust systems used in v -,~, • > i_ ,_ •£eating establishments where food is pre- tO C°fol dust 7™' when ** Dpared for the purpose of consumption. ment determines that such activities could emitTJ • * / * ! • • * , dust m quantities sufficient to cause air poUu-m. Equipment used to liqurfy or separate . *. i_ j-_ . tion.oxygen, nitrogen or the rare gases from the IAuthorUy. State of Delaware Regulations Govern.air- ing the Control of Air Pollution, Regulation No. 6,

n. Fireworks. Section 3.1, January 1,1988]o. Smudge pots for orchards or smaU outdoorheating devices to prevent freezing ofplants.

flR32!8!0

48 ___ Delaware Coastal Management Policies5.D.9. CMP Policies for Water stalled for ±Q Purpose of obtaining geologic or

_ hydrologic information shall receive the priorSupply Management approval of the DNREC in the form of a WeU

1. The Department of Natural Resources and Construction Permit.Environmental Control shaU allocate water [Authority -State of Delaware Regulations Govern-between users on the basis of equitable appor- «"» the Construction of Water Wells, January 20,tionment of their needs and the avaUability of £ ™7> ™2(:C)»nd?*cii™2'52]r .6. The DNREC, in considering applications and

2. Groundwater withdrawals should not exceed V*?0* Pe™ts shaU *"? «*??*the "safe-sustained yield" i.e., the amount of g!°losy' hydrol°1gy. auUcs of the areawaterwithdrawnshouldnotexceedtheamount °f interest, population density and water use,of water recharged to the point of withdrawal cha cte °f surface subsurface, wateronanaverageannualbaSis.Insomecasesmore Uahty' d?letlOn rate °f ±e Wa*r res,0urces'stringent limits wUl be required. Withdrawals sourcf °J contamination, and other facts asfrom confined aquifers should not cause water may be relevant to ** ProtectlOn °f ** Waterlevels to be lowered below the top of the f?S<!I?rC * c* * t n i n • *• r>* [Authority - State of Delaware Regulations Govern-aquiters. ^ the Construction of Water Wells, January 20,

3. Surface water withdrawals should be regulated 1987, Section 3.06(D)]to maintain stream flow at a rate sufficient to 7. The DNREC may, at its discretion, requireassure that water quaUty standards are met special well construction standards such as, but

4. The Department of Natural Resources and not Umited to, double casing, special groutingEnvironmental Control hi cooperation with conditions, depth restrictions and special mate-county and local governments and private water rial requirements when water quality or quan-suppUers is encouraged to develop a compre- tity considerations warranthensive water supply management program [Authority -State of Delaware Regulations Govern-including the reaUocation of water resources, in& the Construction of Water Wells, January 20,the protection of aquifer recharge areas, and, 0 *??7' Section 3M ®] . . .where necessary, the abrogation of allocations 8' .f approved pu*hc wfr supply systemto marginal users provided compensation is Regally and rea nably available to the area to

.j*£ be served, the DNREC may require connectionto that system.

Specific CMP Policies for Construction [Authority - State of Delaware Regulations Govern-J; mg the Construction of Water Wells, January 20,

Of Water Wells 1987, Section 3.06 (F)]5. The instaUation of any weU, defined as "an 9. When proposed weUs are to be located within

artificial excavator constructed for the purpose the jurisdiction or service area of a municipal-of exploring for ground water, to monitor ground ity serving pubUc water the appUcant must firstwater, extracting water from, injecting water obtain a written statement of approval frominto the subsurface, or for any boring into the said municipality before a weU permit will besubsurface which intersects the water table issued.with the exception of fence posts, foundation [Authority - State of Delaware Regulations Govern-test borings, telephone or power lines, con- in§ the Construction of Water Wells, January 20,straction pilings, etc. ( 'including any weU in- 1987' Section 3-06(G)]

Delaware Coastal Management Policies 4910. The DNREC may require as a permit condi- tion and maintenance of on-site wastewater

tion that certain tests be done such as, but not holding tanks within the boundaries of thelimited to, the performance of a geophysical State of Delaware; andlog on the weU, the determination of water c. The Ucensing of site evaluators, percola-quality parameters, and the taking of drilling tion testers, on-site system designers, on-samples. site system contractors, and liquid waste[Authority - State of Delaware Regulations Govern- haulers within the boundaries of the Stateing the Construction of Water Wells, January 20, of Delaware1987, Section 3.06(H)] [Authority - Regulations Governing the Design, In-

staUation and Operation of On-Site Wastewater5T\ -11 * r -\/rrt T» i* • i> Treatment and Disposal Systems, dated July 1985,.D.ll. CMP Policies for section 1.02000]

Waste DlSDOSal 3. Each and every owner of real property is jointlyand severaUy responsible for:

Specific CMP Policies for On-Site a- DisP°sing of sewage on that property inWastewater Treatment and Disposal confonnance with the Regulations Govern-

_ ing the Design, Installation and OperationSystems of On-Site Wastewater Treatment and

1. The DNREC finds that a substantial portion of Disposal Systems; andthe State's population Uves where centraUzed b> Connecting all plumbing fixtures on thatwater supply or wastewater treatment services property, from which sewage is or may beare limited. It is the intent of the DNREC to aid discharged, to a central sewerage system orand assist the pubUc in the installation of on- on.site sewage 1 system approvedsite sewage disposal systems, where possible, jjy g DNREC- andby utilizing the best information, techniques c> Maintaining, repairing, and/or replacingand soil evaluations for the most suitable sys- ^ system as necessary to assure propertern that site and soU conditions permit operation of the system.[Authority - Regulations Governing the Design, In- [Authority - Regulations Governing the Design, In-stallat.on and Operation of On-S,te Wastewater staUation and Operation of On-Site WastewaterTreatment and Disposal Systems dated July 1985, Treatment and Disposal Systems, dated July 1985,Forward] Section 3.01000]

2. The Regulations Governing the Design, Instal- 4> Noperson shall construct, install, modify, reha-lation and Operation of On-Site Wastewater bilitatej or replace on.site system or con.Treatment and Disposal Systems shall apply to stmct or place my dwelling} buUding, mobUeaU aspects of: home,modularhomeorotherstructurecapablea. The planning, design, construction, opera- of discharging wastewater on-site unless suchtion, maintenance, rehabiUtation, replace- person has a valid permit issued by the DNRECment, and modification of individual and pursuant to the Regulations Governing thecommunity on-site wastewater treatment Design, InstaUation and Operation of On-Siteand disposal systems within the boundaries Wastewater Treatment and Disposal Systems.of the State of Delaware; and [Authority - Regulations Governing the Design, In-

b. The planning, design, construction, opera- stallation and Operation of On-Site WastewaterTreatment and Disposal Systems, dated July 1985,

•Section 5.D.10 of the original document (Implementation) Section 3.02000]did not contain any enforceable policies. Therefore It was notIncluded to this Document Update._________________________________________________

8R32I8I2

so___Delaware Coastal Management Policies5.D.11. Waste Disposal5. No permit may be issued by the DNREC under discharged into any system.

the Regulations Governing the Design, Instal- [Authority - Regulations Governing the Design, In-lation and Operation of On-Site Wastewater stallation and Operation of On-Site WastewaterTreatment and Disposal Systems unless the S SStt ^ SyStemS' *** *** W85'county or municipality having land use juris- 11 < Each system shall have adequate capacity todiction has first approved the activity through properly ^ dispose of maximumzoning procedures provided by law. projected daily wastewater flow. The quantity

ZSFXGSFTESfESZ of ™«— *™ * <"*«»*•Treatment and Disposal Systems, dated July 1985, Regulations Governing the Design, Installa-Section 3.03000] tion and Operation of On-Site Wastewater

6. At the sole discretion of the DNREC, if the Treatment and Disposal Systems or other in-proposed operation of a system would cause formation the DNREC determines to be validpoUution of pubUc waters or create a pubUc that may show different flows.health hazard, system installation or use shaU [Authority - Regulations Governing the Design, In-not be authorized stallation and Operation of On-Site Wastewater[Authority - Regulations Governing the Design, In- Treatment and Disposal Systems, dated July 1985,stallation and Operation of On-Site Wastewater Section 3.14000]Treatment and Disposal Systems, dated July 1985, 12-A permit to instaU a new system can be issuedSection 3.08000] only if each site has received an approved site

7. AU wastewater shaU be treated and disposed of evaluation and is free of encumbrances (e.g.,in a manner approved by the DNREC. easements, deed restrictions, etc.), which could[Authority - Regulations Governing the Design, In- prevent the instaUation or operation of thestallation and Operation of On-Site Wastewater tem from bein in conformance with meTreatment and Disposal Systems, dated July 1985, ', . . ^ . , _ . T ...Section 3.09000] Regulations Governing the Design Installation

8. No person shaU dispose of sewage or septage at and °Peration of On-Site Wastewater Treat-any location not authorized by the DNREC ment and Disposal Systems.under appUcable laws and regulations for such [Authority - Regulations Governing the Design, In-,. j ° stallation and Operation of On-Site Wastewaterdisposal. Treatment and Disposal Systems, dated July 1985,[Authority - Regulations Governing the Design, In- Section 3.15000]stallation and Operation of On-Site WastewaterTreatment and Disposal Systems, dated July 1985, Specific CMP Policies for LandSection 3.10000] * „, . . f... J'

9. Discharge of untreated or partiaUy treated Treatment of Wasteswastewater or septic tank effluent directly or 13- Land treatment of wastewaters, sludges andindirectly onto the ground surface or into sur- other residual wastes is a proven and cost-face waters of the State, unless authorized by a effective alternative to traditional technologypermit issued by the DNREC, constitutes a over a ^ ranp of circumstances where thepubUc health hazard and is prohibited necessary land is available at reasonable cost.[Authority - Regulations Governing the Design, In- For effluents and sludges, it is particularlystallation and Operation of On-Site Wastewater attractive at locations where the design flow ofTreatment and Disposal Systems, dated July 1985, receiving waters is low, waste treatment re-Section 3.11000] quirements are high and suitabiUty to landfiUs

10. No cooling water, air conditioning water, ig low full advantages of land ^ground water, oU, or roof drainage shaU be ^ not be realized) howevetj ^ ±eK is a

1R32I8I3

Delaware Coastal Management Policies 515.D.11. Waste Disposal

concerted effort to focus the designs on essen- ity site;tial features. Ground water quality and pubUc c. Size of the site and its proximity to popu-health must be protected, but treatment hard- lation centers and to ground and surfaceware and operational criteria should be based water;on firm evidence of need. Lined earthen la- d. Legal considerations relative to land usegoons should be used whenever possible and and water rights;concrete, steel, and firm-set structures limited e. Techniques used in wastewater distributionexcept where fully justifiable. All persons in- and the disposition of that vegetation ex-volved in the planning, review, and supervi- posed to wastewater;sory processes should take steps to assure that f. Abilities of the soils and vegetative coverthese objectives are realized. to treat the wastewater without undue[Authority - State of Delaware Guidance and Regu- hazard to the environment or to the pubUclations Governing the Land Treatment of Wastes, health* andAugust 198M>art I, Section 100] g. The need for momtoring and record

14. The construction and operation of waste col- , , . .,", . ... ...lection, treatment, and disposal systems and keeping to determine if the facility is beingfaculties discussed in the State of Delaware °pf ated * 'onformance with its designGuidanceandRegulationsGoverningtheLand and if its design is adequate to protect theTreatment of Wastes are regulated by the en onment and the public health.TXXTT»T-/~I TV. T\ i T- • 1 1 T»_ [Authority - State of Delaware Guidance and Regu-DNREC. The Delaware Environmental Pro- Iat5ons Governing the Land Treatment of Wastes,tection Act requires that a valid permit shaU be August 1988, Part n, Section 200, Subsection 203(3)(a)]obtained for collection, treatment, and disposal 16. The purpose of DNREC's Guidance andof waste. The Regulations specify minimum Regulations Governing the Land Treatment ofrequirements needed to protect the public health Wastes is to protect and improve environ-and environmental quaUty. The technical guide- mental quaUty in Delaware by providing fur-lines provide guidance on system planning and ther treatment and recycling of wastes. Thedesign. objectives are:[Authority - State of Delaware Guidance and Regu- a. To regulate and manage land treatment oflations Governing the Land Treatment of Wastes, wastewater and sludge.August 1988, Part I, Section 500] u „, , , , , . .

15. Conditions necessary for the protection of the b' To "F0 lo rm land productivity,environment and the public health may differ !uch **< n° land 1S from fadlity to facility because of varying fr°m «&&** P°tential ulturalenvironmental conditions and wastewater _ •compositions.TheDNRECmayestablish,ona c. To protect groundwater quaUty and assurecase-by-casebasis.specificpermitconditions. *at drinking water quaUty standards areSpecific conditions shaU be estabUshed in , _ ' , uv u i u • i.-., . - , . . .. .f. . d. To safeguard pubUc health within reason-consideration of characteristics specific to a , . °, *''faciUty and inherent hazards of those charac- _, . , , ,. _ , ,, . . _ , , .-^ - i j u * e. To improve the regulatory climate for landtenstics. Such characteristics include, but are .. v , . 6 * . , ,.... appUcation of wastes, pubUc understand-not limited to: . , . . . r . ,~, . , , . , . , u • i j i uig, and unplementation of current anda. Chemical, biological, physical, and volu- °. . , u , , ..... ,• u • • #Iu * * evolving technology by municipalities andmetric characteristics of the wastewater; . . .& *J J v, -, . . , , , . . r^, c -i industries.b. Geological and climatic nature of the facil-

AR32I8U

52___Delaware Coastal Management Policies5.D.11. Waste Disposal17. Specific objectives in using land treatment Specific CMP Policy for Disposal oftechnology are: Solid Wastesa. To establish criteria for the appUcation of lg General Assembly of me State of Dela.wastes to the plant-soU system at such rates ware fmds u y nmons of tons ofor over such limited time span that no land soM wastes have been &spoSQd ofin ^is irreversibly removed from some other and waters of the State, that these wastes are notpotential societal usage (agriculture, devel- land disposed in recognition of the threat posedopment fprestation, etc;). b nce Of contaminants, by the lack of

b. To estabhsh a methodology for the inti- knowledge or appreciation of the harm suchmate mixing or dispersion of wastes into wastes can cause me marine environment) or

. the upper zone of the plant-soil system that it is cheaper to dispose of such wastes in thewith the objective of microbial stabUiza- ocean or other waters of theState.Therefore.ittion, immobilization, selective dispersion, is ^ rf General Assembly to pro.or crop recovery leading to an environmen- hibit & ^ of soM wasteg in ±Q oceantaUy acceptable assimilation of the waste. ^ Q±QT waterg of Smte rf Delaware.

c. To promote effective regulation, pubUc [Authority - 7 Delaware Code, Section 6071]understanding, and implementation of cur- 19. jt is the intent of the DNREC to require thatrent and evolving technologies by govern- soUd waste handling and disposal be conductedmental units and industries in the State of m a manner and under conditions which wUlDelaware. eliminate the dangerous and deleterious effects

d. To estabUsh reasonable measures of pro- of improper soUd waste handling and disposaltection for the environment and pubUc upon the environment and upon human health,health, safety, and welfare by providing for safety, and welfare.the proper design, operation, and manage- [Authority - State of Delaware Regulations Govern-ment of land treatment systems; and the »ng Solid Waste, December 1988, Section 1]proper treatment, transport, handling, and 20. Sanitary and industrial landfiU faciUties shallbeneficial use of wastes, be located only in areas where the potential for

e. To require the use of plant-soil and waste degradation of the quaUty of air, land and watermanagement practices and technology that is minimal.wiU function according to the performance [Authority - State of Delaware Regulations Govern-criteria without causing the State's ground- *g/6°A aSte'DeCmber W88> Sections 5(A)(1)water resources to violate duly promul- 2L sanitary ^ landfm fadlitiesgated drinking water standards on an shaU be constructed to at least minimum designaverage annual basis. requirements as contained in the DNREC

f. To dispose of non-hazardous sludges in Regulations Governing Solid Waste.landfiUs is an inefficient use of resources. [Authority - State of Delaware Regulations Govern-Pretreatrnent programs and sludge manage- ing SoUd Waste, December 1988, Sections 5(A)(2)ment programs should be directed to and 6(A)(2)]provide adequate treatment for land appU- 22- No cel1 of a new sanitary landfiU shall becation. located:

[Authority. State of Delaware Guidance and Regu- a. Within the 100 year flood plain.lations Governing the Land Treatment of Wastes, b. Within 200 feet of any state or federalAugust 1988, Section 300] wetland.

Delaware Coastal Management Policies ' 535.D.11. Waste Disposal

c. Within 200 feet of any perennial stream. tag Solid Waste, December 1988, Sections 5(C)(1)d. Within one mile of any state or federal and6(C)(l)]wildUfe refuge, wUdlife area, or park, 25' A11 sanitary md industrial landfills shaU beunless specificaUy exempted from this designed and constructed to include a leachaterequirement by the Department coUection system, a leachate treatment and

e. Within 10,000 feet of any airport runway disposal system, and a leachate monitoringcurrently used by turbojet aircraft or 5,000 system, in accordance with aDNREC approvedfeet of any airport runway currently used W assurance plan.bv niston-tvne aircraft unless a waiver i« [Authority - State of Delaware Regulations Govern-by piston type aircraft, unless a waiver is ing S()Hd Waste> December 1988> Sections 5(D)(i)granted by the Federal Aviation Admini- am| 6(D)(1)]stration. 26. No new dry waste disposal faciUty shaU be

f . So as to be in conflict with any locaUy located in an area such that soUd waste would atadopted land use plan or zoning require- any time be deposited:ment. a. Within five (5) feet of the seasonal high

g. Within the wellhead protection area of a water table.pubUc water supply weU or weU field. b. Within the 100 year flood plain.

[Authority - State of Delaware Regulations Govern- c Within 2QQ feet of any state or federal wet-tag Solid Waste, December 1988, Section 5(A)(3)] land J

23. No new industrial landfill shall be located in an , „.. ' .__,. . .,area such that solid waste would at any time be d' 20° *? off ** perenma feam-d oos't d- e' Within one n31! of any state or federala. Within 'the 100 year flood plain. wildUfe refuge, wildUfe area, or park,b. Within 200 feet of any state or federal UnleSS ufc&y e*emPted from *1S^ , requirement by the Departmentw*u- onn f + f • i _ f. So as to be in conflict with any locallyc. Within 200 feet of any perennial stream. , , , , n . J ., »Tr. , . ., c • f , , adopted land use plan or zoning reqmre-d. Within one mile of any state or federal v 6 HwildUfe refuge, wUdlife area, or park, „.. ,'. , „, , . ,unless specifically exempted from this g' Wu*m Ae WeUhefd P on area of arequirement by the DNREC. . fbllC Wate SU?ply weU, ° weU field" ,o * u • «• * -*u i 11 h. In an area that is particularly susceptible toe. So as to be in conflict with any locally . , , v . . 3 vj j. j , . J envuronmental degradation.adopted land use plan or zoning [Authority . of ^ Regulations Govern.requu-ement mg SoUd waste, December 1988, Section 8(A)]

f. Within the weUhead protection area of a 27. Resource recovery faciUties shaU be locatedpubUc water supply weU or weU field. only in areas where the potential for degrada-

quauty of *• Iand- md water is24. An impermeable liner shaU be provided at aU r. .. .' c. . fT. . „ . .. _^ j . j • j.-ii • i- [Authority -State of Delaware Regulations Govern-

sanitary and industrial landfiUs to restnct the ing SoUd Waste, December 1988, Section 9(B)(1)]migration of leachate from the landfiU and to 28. No new resource recovery faciUty shall beprevent contamination of the underlying ground located in an area such that soUd waste would atwater, in accordance with a DNREC approved any time be handled:quaUty assurance plan. a. Within the 100 year flood plain.[Authority - State of Delaware Regulations Govern- b within any state or federal wetland.

aR3218i6.

54___Delaware Coastal Management Policies5.D.11. Waste Disposal

c. Within 1,000 feet of any state or federal Specific CMP Policies for HazardouswUdlife refuge, wUdlife area, or park. Waste Management

d. So as to be in conflict with any locaUy 34 Delaware General Assembly finds that:adopted land use plan or zoning require- a Continuing technological progress, in-ment. creases in the amounts of manufacture and

[Authority-State of Delaware Regulations Govern- uu^ r • j * n ^ing Solid Waste, December 1988, Section 9(B)(2)] me abatement of air and water pollution

29. In addition, any faciUty that processes munici- have resulted ™ ever-increasing quantitiespal soUd waste shaU not be located within of hazardous wastes.10,000 feet of any airport currently used by b< The Public health and safety and me envi"turbojet aircraft or 5,000 feet of any airport ronment are threatened where hazardousrunway currently used by piston-type aircraft, wastes are not managed in an environmen-unless a waiver is granted by the Federal Avia- ^ sound manner and where there are notion Administration. commercial hazardous waste management[Authority - State of Delaware Regulations Govern- facilities available;tag Solid Waste, December 1988, Section 9(B)(2)] c. The knowledge and technology necessary

30. Transfer stations shall be located only in areas to aUeviate adverse health, environmentalwhere the potential for degradation of the quality and aesthetic impacts resulting fromof air, land, and water is minimal. current hazardous waste management and[Authority - State of Delaware Regulations Govern- disposal practices are believed to be gener-tag Solid Waste, December 1988, Section 10(B)(1)] ^ avaikble &t within me ^

31. Transfer stations shall be located adjacent to bm rf who te guch

ateTloTu r WlthStandmg aimC1~ ™stes, but that such knowledge and?A?thor°ty - State'of Delaware Regulations Govern- . ™l°& ™ "^ Widely f «* „tag Solid Waste, December 1988, Section 10(B)(2)] d- problem of managing hazardous

32. No new transfer station shaU be located in an wastes has become a matter of statewidearea such that soUd waste would at any time be concern.handled' [Authority - 7 Delaware Code 6301]a. Within the 100 year floodplain. 35' T <x*> *is hereby declared the policy ofb. Within any state or federal wetland. this State:c. So as to be in conflict with any locaUy a'To Protect Ae PubUc health «** safety> *»adopted land use plan or zoning require- health of o* *™ «** *» environmentment> from the effects of the improper, inade-

[Authority - State of Delaware Regulations Govern- <luate or unsound management of hazard-tag Solid Waste, December 1988, Section 10(B)(3)] ous wastes;

33. AU transfer stations shall be designed and b. To estabUsh a program of regulation overconstructed to include a leachate coUection and the storage, transportation, treatment anddisposal system that wiU prevent leachate from disposal of hazardous wastes; andcontaminating the soil, surface water, or ground c. To assure the safe and adequate manage-water. ment of hazardous wastes within this State.[Authority - State of Delaware Regulations Govern- [Authority - 7 Delaware Code 6301]ing Soh'd Waste, December 1988, Section 10(D)(1)] 36.' 'Hazardous Wastes'' means a soUd waste, or

combination of soUd wastes, which because of

AR32I8I7

Delaware Coastal Management Policies 555.D.11. Waste Disposal

its quantity, concentration, or physical, chemi- onground, inground, and underground tankscal characteristics may cause or significantly shall be prohibited in the following:contribute to an increase in mortality or an a. The 100-year flood hazard area.increase in serious irreversible, or incapacitat- b. Wetiands.ing, irreversible illness, or pose a substantial c. Freshwater wetiands.present or potential hazard to human health or d. Carbonate bedrock areas.the environment when improperly treated, stored, e. Carbonate bedrock drainage areas.transported or disposed of, or otherwise man- f. Public water supply watersheds upstreamaged. from the points of withdrawal.[Authority - 7 Del. Code, Section 6302(7)] g. Subcropping aquifers and aquifer recharge

37. "Disposal" means the discharge, deposit, areas.injection, dumping, spilling, leaking or placing n. Significant environmental lands.of any hazardous waste into or on any land, i. Areas where the transmissivity of thewater or into the air so that such hazardous unconfined aquifer is greater than 10,000waste or any constituent thereof may enter the f tVday.environment to be emitted into the air, or dis- jt Areas where groundwater under naturalcharged into any water including groundwa- conditions could come into contact withters, or any other management of hazardous the waste.waste in which the handler voluntarily relin- k. Wellhead protection areas.quishes control of the waste in a manner incon- i. Areas within 500 feet of a fault that hassistent with the requirements of this chapter experienced movement within the lastand the regulations promulgated thereunder. 35,000 years (capable fault).[Authority - 7 Del Code, Section 6302(4)] [Authority - Regulations Governing the Location of

38. No person shall generate, store, transport, treat Hazardous Waste Storage, Treatment, and Disposalor dispose of hazardous wastes hi this State Facilities, August 1,1991, Section 1 and Section 3.1]without reporting such activity to the DNREC 41- Non-land emplacement storage, treatment,as required by 7 Del. Code. Chapter 63 and and disposal units shaU be prohibited in theregulations promulgated hereunder. foUowing:[Authority - 7 DeL Code, Section 6304 (a)] a. The 100-year flood hazard area.

39. No person shaU generate, store, treat, transport b. Wetiands.or dispose of hazardous wastes within this State c. Freshwater wetiands.except in compliance with Chapter 63.7 Del. d. Carbonate bedrock areas.Code and regulations hereunder. e. Carbonate bedrock drainage areas.[Authority - 7 Del. Code, Section 6304 (b)] f. PubUc water supply watersheds upstream

40. Land emplacement units, defined as any facil- from reservoirs.ityinvolvingtheplacementof hazardous waste g. Significant environmental lands.into or onto the land and which is designed and h. Areas within 500 feet of a fault that hasoperated to contain waste in a manner that experienced movement within the lastprevents the migration of poUutants from the 35,000 years (capable fault).site such as landfiUs; land farms/land treat- i. Wellhead protection areas.ment; land burial following solidification or [Authority - Regulations Governing the Location ofencapsulation; above ground perpetual stor- Hazardous Waste Storage, Treatment, and Disposalage; waste pUes; surface impoundments; and Facilities, August l, 1991, Section 4.1.1]

A R 3 2 I 8 I 8

56___Delaware Coastal Management Policies5.D.11. Waste Disposal42. The foUowing units shall be exempt from the connected thereto, is 10 per centum or more

Regulations Governing the Location of Haz- beneath the surface of the ground. Such termardous Waste Storage, Treatment, and Dis- does not include any:posal Facilities: a. Septic tank.a. On-site reclamation units where the prin- b. Pipeline faciUty (including gathering Unes)ciple activity at the faciUty is not the regulated under:management of wastes. i. The Natural Gas Pipeline Safety Act of

b. Industrial boilers and furnaces that burn 1968 (49 USC 1671 etseq.1:hazardous waste fuels for energy recovery. ii. The Hazardous Liquid Pipeline Safety

c. Units authorized in accordance with Act of 1979 (49 USC 2001 et seq.1: orSection 122.60 and 122.61 of the Delaware iu. Any interstate agreement comparableRegulations Governing Hazardous Waste to those acts set forth in subparagraphsconcerning faciUties that have permits by 1. and 2. of this paragraph.rule and/or approval to operate under an c. Surface impoundment, pit, pound, lagoon.emergency administrative order. d. Storm water wastewater collection system.

[Authority - Regulations Governing the Location of e. Flow-through process tank.Hazardous Waste Storage, Treatment, and Disposal f Liquid ttap or associated gathering linesFacilities,August 1,1991,Section6.1 (i,ii,andiii)] ,.n . * , .. 6 , .directly related to oil or gas production or

General CMP Policies for Underground gathering operations.Storage Tank Systems & Storage tank situated in an underground

43.Pursuantto7DsL£i,Chapter74,theGeneral *»(such M basemen'. cellar> minework-Assembly of the State of Delaware has found ^ dnft-shaft or mnnel) tf the storaSe *&"that it is necessary to provide for more strin- ls Sltuated uP°n or above *» surface of **gent control of the installation, operation, retrof- .. ™\ e* . *« , « , .- n7.. j u j ^ r J j [Authority-State of Delaware Regulations Govern-itting and abandonment of underground stor- *mg Underground Storage Tank Systems, Part A,age tanks to prevent leaks, and where leaks Sect 1.02 and 7 Del C. 7402 (20)]should occur, detect them at the earliest pos- 45. "Regulated Substance" meanssible stage and thus minimize further degrada- a. Any substance defined in Section 101(14)tion of groundwater." of the Comprehensive Environmental Re-[Authority - State of Delaware Regulations Govern- sponse, Compensation and Liability Acting Underground Storage Tank Systems, Revised rCERCLAI of 1Q80 (A? TT<Jr <5pptinnSeptember 26,1990, Section 1.01] £ni ,i7xu • V^ bC?>ectipn

44. The requirements of the Regulations Govern- SfiQlOd); but not including any substanceing Underground Storage Tank Systems shaU lated f8 a haaidons waste underapply to all owners and operators of an Under- D*lawa*; s Relations Governing Haz-ground Storage Tank (UST) system unless u " Wastes "" RCRA Subtitle CspecificaUy exempted An "Underground Stor- b' Petroleum inchiding crude oU or any frac-age Tank" is defined as a containment vessel, tion mereof which is Uquid at standardincluding underground pipes connected thereto, conditions of temperature and pressure (60which is used to contain an accumulation of **** Fa*enheit and 14.7 pounds perregulatedsubstances,andthevolumeofwhich, square inch absolute)uThe term 'regulatedincludingthevolumeoftheundergroundpipes substance eludes but is not limited to

Delaware Coastal Management Policies 575.D.11. Waste Disposal

petroleum and petroleum-based substances vi. Any emergency spiU or overflow contain-comprised of a complex blend of hydrocar- ment UST system that is expeditiouslybons derived from crude oU through emptied after use.processes of separation, conversion, up- [Authority - State of Delaware Regulationsgrading, and finishing, such as motor fuels, Governing Underground Storage Tankresidual fuel oils, lubricants, petroleum Systems, Part A, Section 1.02 (A, B andsolvents, and used oils. C) ]

[Authority - State of Delaware Regulations Govern- 47. No person may install an Underground Stor-tag Underground[StorageiTankSystems, Revised age Tank system deferred or exempted under Sec-September 26,1990, Part A, Section 2 - Definitions] ^ i no *A n i^ r* • TT A

46. The foUowing underground storage tank sys- tion 1fc°f ** *egf*ons Governing Under-tems shaU be exempted from the requirements ound Storagf Tank stems ***» Purposeof the Regulations Governing Underground of storing regulated substances unless tiie USTStorage Tank Systems with the exception of system ******* of sm ~ or double'wa11Part A, Section 4.11; Part A, Section 8.06 and construction).8.07; and Sections 3 and 4 of either Parts B, C, a'WlU P vent releases due to corrosion or

j-j structural failure for the operational life ofa. Agricultural/Farm and residential UST , the UST system;systems of 1,100 gaUons or less used for b"Is «*°toHy protected against corrosion,storing motor fuels for non-commercial constructed of non-corrodible matenalpurDoses s ^ a non-corrodible material,

b. UST systems containing heating oUs of or designed in a manner to prevent the1,100 gaUons or less used for consumptive reluease Or **>«*** release of "V s'ored, t , substance; andpurposes on the premises where stored. • , , . , . „ . , , .

c. The following UST systems: c'Is constructed OT ***& W1* matenal that isi. Any UST system holding hazardous rAT f rff "" '"ITJ .. J. ., ._e, , _ , [Authority - State of Delaware Regulations Govern-wastes Usted or identified under Sub- g underground Storage Tank Systems, Part A,tide C of the SoUd Waste Disposal Act, Section 1.03 (A, B, and C)]or a mixture of such hazardous waste 48. Any person that owns or operates an under-and other regulated substances, ground storage tank system must register each

ii. Any wastewater treatment tank system underground storage tank system with thethat is part of a wastewater treatment Department of Natural Resources andEnviron-faciUty regulated under Section 402 or mental Control.307(b) of the Clean Water Act, [Authority - State of Delaware Regulations Govern-

iii. Equipment and machinery that con- "8 Underground Storage Tank Systems, Part A,tains regulated substances for opera- .„ L°n ' } • „ ., i_ i_ j v i.j. 49. Prior to the installation of any undergroundtional purposes such as hydrauUc lift t * i , . * **.. .4 i j , _. i • i l t i storage tank system a site survey must be imti-tanks and electncal equipment tanks, ^ ,* . ,. ... J , .• A TTCT^ u •*. • ated by the facility owner or operator or desig-iv. Any UST system whose capacity is „;. . : T1 . . *1ir.' .. J . * J nee. The pre-instaUation site survey must be110 gaUons or less, , f . , , . ,. TTOrn ! . j conducted to determine the locations of nearbyv. Any UST system that contains a de , .,,. , , .... , ,. J... . ,. . , , buildings, underground utilities and sewer lines.minimis concentration of regulated sub- _.. 4 , ,.. T. ,. „6 Pnvate/pubUc drinking water weUs, nvers,stances, and

58 ___ Delaware Coastal Management Policies5.D.11. Waste Disposal

streams, lakes, canals, and other environmen- contained in Part B, Section 1; ortaUy sensitive locations shall be recorded and b. The upgrading/retrofitting requirementsincorporatedinto the design of the underground for both existing tanks, integral piping andstorage tank system facUity. release detection under Part B , Section[Authority - State of Delaware Regulations Govern- 2.02 with the exception of the cathodictag Underground Storage Tank Systems, Revised protection requirements under Section 2.02September 26, 1990, Part B, Section 1.03 (A)]

50. Owners and operators of new UST systems J. °rmust provide a method, or combination of c* Ref ™*- abandonment requ ementsmethods of release detection that: undf r Part B' Secti°n \ m?udm? aPpl1'a. Can detect a release from any portion of cable emen? for hydrogeologic

- the tank and the connected underground investigation and/or corrective actionpipingthat routinely contain product; and [A f rflS ltaBoWfan.GavwiH

b. Is instaUed, caUbrated, operated, and main- -mg underground Storage Tank Systems, Revisedtained in accordance with the manuf ac- September 26, 1990, Part B, Section 2.01 (A)(l, 2 andturer's instructions, including routine 3)]maintenance and service checks for opera- 52. The Department reserves the right to requirebUity or running condition; and secondary containment or equivalent protec-

c. Meets the performance standards for tion for underground storage tank system in-release detection in this section, with any stallations where aquifers underlying the USTperformance claims and their manner of faciUty are determined to need such protection,determination described in writing by the or where groundwater below the UST faciUtyequipment manufacturer or installer. In is within a weU head protection area, or whereaddition, methods used after January 1 , groundwater is susceptible to contamination in199 1 except those permanently installed order to protect the safety, health, welfare and/prior to that date, must be capable of or environment of the State.detecting the leak rate or quantity specified [Authority - State of Delaware Regulations Govern-

gauging, line leak detectors, and linetightness testing methods specified in this Specific policies for UST systems usedsection with a probabiUty of detection of at for the storage of Petroleum Substancesleast 0.95 and a probabiUty of false alarm 53< AU new Underground storage Tank (UST)rA c Vi;0,5' D , - „ systems instaUed for the storage of petroleum

mustbedesigned.constructedandinstaUedinSeptember 26, 1990, Part B, Section 1.07 (A, B and accordance with manufacturer s specifications,C)] and accepted engineering practices and proce-

51. Notlaterthan January 1,1991, no personmust dures; and in a manner which wiU preventuse, or maintain any in-service existing UST releases of regulated substances to the groundsystem without complying with one of the waters, surface waters or soils of the State duefoUowing requirements contained in the Regu- to corrosion, structural failure, spiUs and over-lations Governing Underground Storage Tank fiUs for the operational life of the tank. TheSystems: material used in the construction and/or lininga. New UST system performance standards of the tank must be compatible with the sub-

SR32182

Delaware Coastal Management Policies 595.D.11. Waste Disposal

stance to be stored. their manner of determination described inAU new UST systems must meet the following writing by the equipment manufacturer orrequirements: instaUer. In addition, methods used aftera. Acceptable designs for UST system con- July 12,1985 except those permanentlysanction include cathodicaUy protected instaUed prior to that date, must be capablesteel, fiberglass-reinforced plastic, steel-fi- of detecting the leak rate or quantityberglass-reinforced-plastic composite, specified for precision tank testing, auto-cathodically protected double-waUed steel matic tank gauging, line leak detectors,or double-walled fiberglass- reinforced and line tightness testing methods specifiedplastic, or any of the above tanks in asso- in this Section with a probability of detec-ciation with a secondary containment, or tion of at least 0.95 and a probabiUty ofother equivalent design approved by the false alarm of no greater than 0.05.Department of Natural Resources and [Authority - State of Delaware Regulations Govern-Environmental Control inS Underground Storage Tank Systems, Revised

b. New petroleum UST systems must be in- gftember *»1990'Part B'Section 2'05 (A'B andstalled in accordance with the manufac-turer's specifications, accepted engineering Specific policies for UST systems for thepractices and one of the following industry storage of Hazardous Substancescodes: American Petroleum Institute, 55> "Hazardous Substance UST System" meansInstaUation of Underground Petroleum „ underground storage tank system that con-Storage Systems, Recommended Practice tajns a hazardous substance defined in Section1615 or Petroleum Equipment Institute, 101(14)oftheCERCLA(butnotincludinganyRecommended Practices for Installation of substance regulated as a hazardous waste underLiquid Storage Systems, Recommended RCRA Subtitle C) or any mixture of suchPractices 100-87. substances and petroleum, and which is not a

[Authority-State of Delaware Regulations Govern- „_«-—I- .v, Tie-To o*~.~tag Underground Storage Tank Systems, Revised P oleum UST systemSeptember 26,1990, Part B, Section 1.01 (A and B)] [Author Jy - Regulations Governing Underground

54. Owners and operators of existing petroleum ESte * *"*UST systems must provide a method, or com- 56 new UST systems installed for the storagebination of methods, of release detection that: of hazardous substances must be designed,a. Can detect a release from any portion of constructed and instaUed in accordance withthe tank and the connected underground manufacturer's specifications, and acceptedpiping that routinely contains product engineering practices and procedures; and in a

b. Is instaUed, calibrated, operated, and main- majmer which will prevent releases of regu.tained in accordance with the manufac- lated substances to g ^ waters> surfaceturer's instructions, including routine waters or soils of me State due to corrosion)maintenance and service checks for opera- structural failure, spiUs and. overfiUs for thebiUty or running condition. operational life of the tank. The material used

c. Meets the performance standards under m construction and/or lining of the tankPart B, Section 2.05 of the Regulations must be compatible with the substance to beGoverning Underground Storage Tank stored new UST systems must meet meSystems, with any performance claims and following requirements:

/IR32I822

60 ___ Delaware Coastal Management Policiesa. Acceptable designs for UST systems instaUed prior to that date, must be capablestoring hazardous substance must be of detecting the leak rate or quantityfabricated in double-waUed construction specified for precision tank testing, auto-using any of the foUowing materials: matic tank gauging, line leak detectors,double-waUed cathodically protected steel and line tightness testing methods specifiedor double-waUed fiberglass-reinforced in this Section with a probabUity of detec-plastic, or double-waUed steel fiberglass- tion of at least 0.95 and a probabUity ofreinforced plastic composite, or other false alarm of no greater than 0.05.equivalent design approved by the Depart- [Authority - State of Delaware Regulations Govern-ment of Natural Resources and Environ- m& Underground Storage Tank Systems, Revisedmental Control. September 26, 1990, Part D, Section 2.05 (A, B and

[Authority - State of Delaware Regulations Govern-

St°rage Tank Systems' Part °' 5.E. Coastal Management57. Owners and operators of existing UST sys- Coordination Policies

terns used for the storage of hazardous sub- L s ^ ^ emments responsibie forstencemustprovideamethod,orcombination implementing the CMP shaU provide an oppor-of methods, of release detection that: *.-..*• ^ * j i • *-, , . . . tumty for one another, federal agencies, anda. Can detect a release from any portion of »v • » * j _ ^ • j, , , , , f , other uiterested parties to review and commentthe tank and the connected underground , ,. . , r iU... . . . 6, , onproposedactionswhichmaybeofmorethanpiping that routinely contains product; and , ;, t.r__t« T • 11 i ... •. - . . ivJwoi iiiicicai.b. Is instaUed, calibrated, operated, and main- 0 Oi „ . .,, c . ,. ,. , . ;. . 2. State agencies responsible for unplementationtained ui accordance with the manufac- e ., >,X,T» un j- * *u • »*T. •, . _ . . . ,. . of the CMP shall coordinate their CMP im-turer s instructions, including routine , . .,.,. . ., , ,j • u i * plementation responsibilities with each othermaintenance and service checks for opera- I *i. * * n • c j..... . ... , v to the extent necessary to assure weU informedbility or running condition; and •> , , . .... J , _& ',, , and reasoned program decisions.c. Meets the performance standards under O A H * * • ji i •. ^n^r»o • o n e ^ u r , i- 3- && state agencies and local units of governmentPart D, Section 2.05 of me Regulations shaU consider, prior to any CMPdecisions, theGoverning Underground Storage Tank national interest in:Systems, with any performance claims and & lannin for loc facm&stheir manner of determination described in m nec ^ meet ^ wnting by the equipment manufacturer orinstaUer. In addition, methods used after . . , ' .. ,TI ,-> , 0 - i. , b. coastal resource conservation and preser-July 12, 1985 except those permanently vation

flR32i823

Appendix A

FEDERAL COASTAL ZONE MANAGEMENT ACT OF 1972, SECTION 307(c)(l)REVIEW PROCESS FOR DIRECT FEDERAL ACTIVITIES AND DEVELOPMENT PROJECTS

15 CFR Part 930 Subpart C

DCMP receivesconsistency

determination

Insufficient informationsupplied to

determine consistency15 CFR §930.42(b)

DCMP issues response tofederal agency describing natureof information required and ajustification of the need to

enable making thedetermination

Send copy of response tothe Director of OCRM

Resolved

Issue letter tofederal agencyagreeing withconsistency

determination

AgreesIssue letter agreeingwith consistencydetermination tofederal agency

Disagree withconsistency

determination

Not consistent withDCMP Policies

15 CFR §930.42(a)

Mediation for previouslyreviewed (on-going)

activities15 CFR §930.44

DCMP issues response tofederal agency stating: 1) howthe activity is inconsistent;and 2) alternative measures

which would make the activityconsistent

Send copy of response tothe Director of OCRM

consistent with the State's CMP

Unresolved

15 CFR §930.44(bXl)Previously determined

consistent but which the Statelater maintains is being

conducted or is having coastalzone effects substantially

different than orginally proposed , . ... ,.„ ,r . i • i substantial y different thanand, as a result, is no longer . . „ ' . ,originally proposed and, as aresult.the activity affects thecoastal zone in a manner

inconsistent with the State'sCMP

15 CFR §930.44(bX2)Previously determined

not to be an activity affectingthe coastal zone, but which theState later maintains is being

conducted or is having

Issue letter to federalagency and the

Director of OCRMindicating activitiesinconsistent with

DCMP

Issue a request/response toFederal Agency

which includes supportinginformation and a proposalfor recommended remedial

action. Copy to the Directorof OCRM

Either party can seekformal Secretarial

Mediation Services orinformal negotiations

through OCRM

No remedial activityundertaken

Remedial actionundertaken

Either party canseek Secretarial

Mediation Services orinformal negotiations

through OCRM

State Agreement

Appendix B

FEDERAL COASTAL ZONE MANAGEMENT ACT OF 1972, SECTION 307(c)(3), (A), (B), AND (d)REVD2W PROCESS FOR FEDERAL PERMITTED, LICENSED, OUTER CONTINENETAL SHELF,

AND FINANCIALLY ASSISTED ACTrVTTDZS15 CFR Part 930 Subparts D, E and F

ConcursIssue letter concurring

with consistencycertification to applicant

Objects to consistencycertification

Insufficient informationsupplied to

determine consistencyNot consistent withDCMP Policies

DCMP issues response toapplicant describing nature ofinformation required and ajustification of the need to

enable making thedetermination

Mediation for previouslyreviewed (on-going)

activities (only available forFederal and State agencies)

1

DCMP issues response toapplicant stating: 1) how theactivity is inconsistent, and 2)alternative measures whichwould make the activity

consistent

Send copy of response tothe Director of OCRM

Send copy of response tothe Director of OCRM

Previously determinedconsistent but which the State

later maintains is beingconducted or is having coastalzone effects substantially

Jifferent than orginally proposedand, as a result, is no longer

consistent with the State's CMP

'Resolved 1 Unresolved

Previously determinednot to be an activity affectingthe coastal zone, but which theState later maintains is being

conducted or is havingcoastal zone effects

substantially different thanoriginally proposed and, as aresult,the activity affects thecoastal zone in a manner

inconsistent with the State'sCMP

Issue letter toapplicant concurringwith consistencycertification

Issue letter toapplicant and theDirector of OCRMindicating activitiesinconsistent with

DCMP

Issue a request/responsewhich includes supportinginformation and a proposalfor recommended remedialaction. Copy to applicantand the Director of OCRM

Applicant can seekan Appeal from the

Secretary ofCommerce

No remedial activityundertaken

Remedial actionundertaken

Either party can seekSecretarial Mediationservices or informalnegotiations through

OCRM

Concurrenceissued

SR321825

APPENDKCFEDERAL COASTAL ZONE MANAGEMENT ACT OF 1972, SECTION 307

SECRETARIAL APPEAL PROCESS

DCMP objects toconsistency certificationunder 15 CFR, Part 930,Subparts D, E and F.

Applicant can seekan Appeal from the

Secretary of Commerce

Secretary of Commerce doesnot override State's

objection(DCMP's objection stands)

Secretary of Commerceoverrides State's objection

(Appeal granted)

Appellant must file a notiSecretary of Commerce whistatement within 30 days o

objection in support of the awith supporting data and infcstatement and associated doci

to the Federal and State

ce of appeal with thech is accompanied by a" receiving the DCMP'sppellanfs position, alongrmation. Copies of thisiment must be submittedagencies involved.

The Secretary of Commerce maypermit the activity if he/shedetermines that the proposedactivity is "consistent with the

objectives or purpose of the FederalCoastal Zone Management Act(CZMA)" or is necessary in the

interest of national security. However,applicant must still obtain any necessary

State permits.

HR32I826