7 Del. Admin. Code § 7501-3.0
"Activity" Construction, demolition, or operation, or use of any facility, property, or device. Any dredging, filling, construction of any kind, including but not limited to, construction of a basin, channel, dock, pier, jetty, breakwater, bulkhead, revetment or other marina structure, or human induced or conducted action resulting in the making of a connection to state waters.
"Alteration" Any change to an existing marina which would (a) increase the number of slips by five (5) or more, or (b) involve new or additional upland or water-based activities whose construction or operation have the potential to generate pollution. Maintenance of existing serviceable structures shall not be considered an alteration.
"Ambient" The background biological, chemical, and/or physical conditions, as measured at a point(s) outside of the influence of the pollution source being studied.
"Anchorages" Areas in which vessels are held by means of anchors or similar devices which are removed from the bottom and carried aboard the vessels once they are underway.
"Best Management Practices" Methods, measures, or practices that are determined by the Department to be reasonable and cost-effective means for a person to meet certain pollution control needs. Best management practices include, but are not limited to, structural and nonstructural controls and operation and maintenance procedures. Best management practices can be applied before, during, or after pollution-producing activities to reduce or eliminate the introduction of pollutants into receiving waters.
"Board" The Environmental Appeals Board.
"Boat Ramps" Facilities which provide access to the water primarily for vessels that are carried on, launched from and returned to trailers.
"Breakwater" A structure, parallel to the shore, that protects a shore area, harbor, anchorage, or basin from waves.
"Bulkhead" A vertical walled structure or partition intended to retain or prevent sliding of the land, or to provide an interface between land activities and those which occur in the water, or intended to protect the upland against damage from wave action.
"Commercial Marinas" Marinas which are operated primarily for profit.
"Critical Habitat" Areas classified by the Department and that serve an essential role in the maintenance of sensitive species. Critical habitat areas may include unique aquatic or terrestrial ecosystems that support rare, endangered, or threatened plants and animals. Rare, endangered, or threatened species are defined by both state and/or federal listings.
"Dedicated Pumpout Facility" A semi-permanent connection made between a vessel and the shore for the purpose of removing vessel sewage from the vessel holding tank or head on a continuous or automatic intermittent basis to an approved sewage disposal facility.
"Degradation" Any adverse change in surface or groundwater quality or designated uses, as defined in applicable Delaware water quality regulations, including the DelawareSurface Water Quality Standards andthe State of Delaware Regulations Governing Public Drinking Water Systems.
"Department" The Department of Natural Resources and Environmental Control.
"Discharge" Any release, however caused, from a vessel, pier, or other marina facility. This includes any escape, disposal, spillage, leaking, pumping, emitting, pouring, dumping, or emptying.
"Dock" A fixed or floating decked structure where a vessel or vessels may be secured either temporarily or indefinitely.
"Dry Slip" A slip or berth in which the vessel rests in a rack or trailer located on land adjoining the water, rather than in or over the water.
"Dry Stack Marina" A boating facility which stores vessels on dry land, including but not limited to, dry storage facilities, boatels, valet storage, pigeon hole storage, and stackominiums.
"Dump Station" See Pumpout Facility.
"Exfiltration Area" An underground stormwater retention area consisting of perforated pipes placed within an underground bed of crushed rock or other pervious granular material.
"Existing Marina" Any marina structures or functions that were in operation or had a valid subaqueous lands lease or permit as of March 29, 1990.
"Finger Pier" A comparatively smaller dock structure attached (usually perpendicular) to a primary pier or bulkhead, usually provided to facilitate access to berthed vessels.
"Fishing Facilities" Facilities which provide slips, anchorages, or mooring fields for charter fishing boats and other fishing operations.
"Gray water" The liquid and water-borne waste derived from vessel galleys, showers, bathroom sinks and tubs, but not including sewage.
"Harbormaster" An officer designated for a particular facility who executes and enforces the 'Rules and Regulations for Marina Users" that are included as part of the Operation and Maintenance Plan for the facility.
"Headboat" A commercial vessel, primarily used for fishing activities that can accommodate more than twenty people.
"Holding Tank" A storage tank for sewage which requires pumping out and is part of an installed Type III Marine Sanitation Device. Holding tanks may also receive and store vessel gray water.
"Intertidal Flat" That shallow water habitat situated between the extreme high and extreme low tidal limits.
"Joint Application Form" The Department's combined application form for subaqueous lands, wetlands and marina projects.
"Live-aboard vessel"
. A vessel used principally as a residence.
. A vessel used as a place of business, professional or other commercial enterprise arid, if used as a means of transportation, said transportation use is secondary or subsidiary use.
. Any other floating structure used for purposes stated above under the above two parts.
. Charter and other similar fishing boats shall not be considered to be live-aboard vessels unless they are residences as described in the first part.
"Maintenance Dredging" Dredging of previously dredged channels, ditches, dockages, lagoons and other waterways to maintain or restore the approach depth and width.
"Maintenance Wastes" Materials collected while maintaining or operating vessels, including, but not limited to, soot, machinery deposits, solvents, hydrocarbons, scraped paint, deck sweepings, wiping wastes, and rags.
"Marina" Those facilities on or adjacent to the water which provide for mooring, berthing, or storage of vessels, and which may include any or all of the related ancillary structures and functions of marinas such as slips, docks, finger piers, piers, berths, upland vessel storage areas, boat ramps, anchorages, shore stabilization structures, breakwaters, channels, moorings, basins, vessel repair services, vessel sales, sales of supplies which are normally associated with boating (such as fuel, bait and tackle), vessel rentals, and parking areas for users of the marina.
"Marine Sanitation Device" Any equipment utilized on board a vessel which is designed to receive, retain, treat, or discharge sewage, and any process to treat such sewage. Marine sanitation devices, as defined by 7Del.C.§ 6035, are classified as:
Type I Marine Sanitation Device - A device that produces an effluent having a fecal coliform bacteria count not greater than 1.000 per 100 milliliters and no visible floating solids.
Type II Marine Sanitation Device - A device that produces an effluent having a fecal coliform bacteria count not greater than 200 per 100 milliliters and suspended solids not greater than 150 milligrams per liter.
Type III Marine Sanitation Device - A device that is designed to prevent the overboard discharge of treated or untreated sewage or any waste derived from sewage. A Type III MSD is a no direct discharge device. A Type III MSD shall include both portable and permanently installed MSD devices.
"Minimum Navigable Depth" The minimum depth, at mean low tide, that is required for safe navigation by vessels.
"Mooring Fields" An area in which vessels are held by means of mooring buoys or similar devices which are fastened to stationary underwater devices which are not carried aboard the vessels as regular equipment. Mooring fields have no direct access from land and the moored vessels can only be reached through the use of small dinghies or other vessels.
"Most Probable Number (MPN)" An index of coliform bacteria as defined in the 1989 edition of Standard Methods for the Examination of Water and Wastewater, which is published jointly by the American Public Health Association, the American Water Works Association, and the Water Pollution Control Federation.
"Oil" Oil of any kind and in any form including, but not limited to, petroleum products, tank bottoms, oil refuse, oil mixed with other wastes, and all other liquid hydrocarbons regardless of specific gravity.
"Pier" A structure in, on or over subaqueous lands which is used by the public primarily for fishing, crabbing, swimming, or viewing. A pier shall not include vessel berthing use unless specifically designated as such.
"Private Slips or Ramps" Facilities that are not part of a residential or planned community marina, serve a single residence, and are constructed exclusively for the personal use of the occupants of that residence.
"Public Marinas" Marinas owned by governmental agencies and operated with their own personnel or through a concession or other agreement with a private entity.
"Pumpout Facility" A mechanical device which is temporarily connected to a vessel for the purpose of removing vessel sewage from its holding tank or head to an approved sewage disposal facility.
A Dump Station is a type of pumpout facility which receives vessel sewage from portable marine sanitation devices and from which sewage is delivered or transferred to an approved sewage disposal facility. See also Dedicated Pumpout Facility.
"Recreational Marinas" Recreational marinas include residential or planned community marinas, water sports club marinas, and all other marinas which are not commercial marinas or public marinas.
"Recreational Water Use Area" An area specifically designated by the Department for waterbased recreational use, including but not limited to, fishing, clamming, water skiing, sailboarding, snorkeling, diving, rowing, swimming, and boating.
"Residential or Planned Community Marinas" Groups of 5 or more slips that are contiguous, are for the exclusive personal use of the adjoining upland residents, and:
Residential or planned community marinas are usually (but not always) part of a single, overall development plan and/or are designed to share common facilities such as docks, walkways, pilings, or an entrance channel. They are distinguishable from commercial marinas because they do not have commercial operations or support facilities and are for the exclusive use of the residents of the adjoining upland property.
"Retention" Prevention of the discharge of a given volume of stormwater runoff into surface waters of the State accomplished through on-site storage of a specified quantity of rainfall and/or runoff, with provision for controlled release of water in excess of the stored volume.
"Revetment" A sloping structure made of stone, concrete, or other material, and built to protect a shoreline, scarp, embankment, or structure against erosion by wave action or currents.
"Riprap" A layer, facing, protective mound of stones, or other durable material placed to prevent erosion, scour, or sloughing of a structure or embankment. Also, the stone or other material so used.
"Secretary" The Secretary of the Department of Natural Resources and Environmental Control.
"Sewage" Human body wastes and wastes from toilets and other receptacles intended to receive or retain human body wastes.
"Shellfish" Any edible molluska or crustacea including oysters, clams, lobsters, mussels, whelks, crabs, and shrimp.
"Slip" A place where a vessel may be secured to a fixed or floating structure, including, but not limited to, a dock, finger pier, or mooring Anchorages may also be included if they provide non-transient berthing for vessels. Slips may be wet (in the water) or dry (in a rack or other device on land).
"Solid Waste" Any garbage, refuse, sludge, or other discarded material, including solid, liquid, semi-solid, or contained gaseous material resulting from commercial operations or from community activities. Solid waste does not include solid or dissolved material in domestic sewage or discharges which are point sources that are subject to permits.
"Structure" Any man-made object including, but not limited to: piers, slips, docks, breakwaters, revetments, or bulkheads.
"Subaqueous Lands" Submerged lands and tidelands, as defined by 7Del.C., Ch. 72 and 7504 Delaware Regulations Governing the Use of Subaqueous Lands.
"Submerged Aquatic Vegetation" Vascular plants rooted in the sediment and permanently growing on or below the surface of the water. Submerged aquatic vegetation does not include emergent wetland species.
"Subtidal Flat" A shallow water habitat situated below the extreme low tidal limit.
"Support Facilities" Installations or services that support the functions of a marina, such as utility services, fueling stations, repair and launching facilities, the marina headquarters, parking, retail facilities catering to the boating and aquatic recreational needs of marina users, and restrooms, showers, and laundries.
"Tidal Flushing" The exchange of waters within a confined area, such as a marina basin, with water from a larger adjoining water body; such exchange being due to the rise and fall of the tide, and/or wind circulation with accompanying mixing of the water.
"Transient Mooring" Anchorage or mooring periods less than forty-eight flours.
"Uplands" Lands of elevations above the current mean or ordinary high water mark and which are not classified as wetlands.
"Upland Basin Marina" Any marina constructed by excavating or dredging uplands.
"Vessel" Every type of watercraft, boat, houseboat, or other form of man-made contrivance used, or capable of being used, whether or not capable of self-propulsion, for navigation on the waters of the state.
"Vessel Repair/Maintenance Yards"Any facility which provides for the new construction, repair or maintenance of vessels.
"Wastewater" The liquid and water-borne human and/or household waste derived from residential, industrial, institutional, or commercial sources, including vessels.
"Water Pollution" The man-made or man-induced alteration of the natural chemical, physical, biological, and/or radiological integrity of water.
"Water Sports Club Marinas" The facilities used by people associated for the common purpose of engaging in any manner of water sports. Such facilities are normally made available to dues-paying members only. Examples include sailing clubs, fishing clubs, waterskiing clubs, and rowing clubs.
"Waters of Exceptional Recreational or Ecological Significance" Waters which are specifically classified in 7401Delaware Surface Water QualityStandards as important, unique, or sensitive from a recreational and/or ecological perspective.
"Waters of the State" All surface waters of the State as defined in 7401 Delaware Surface Water Qua lity Standards.
"Wetlands" Wetland areas as defined by the State Wetland Act or the State Freshwater Wetland Act.
"Wet Slip" A berth or slip space in the water.
7 Del. Admin. Code § 7501-3.0