7 Del. Admin. Code § 5101-13.0

Current through Reigster Vol. 28, No. 6, December 1, 2024

Section 5101-13.0 - Stormwater Management Offsets

13.1 Stormwater Management Offset Provisions

13.1.1 For the purpose of achieving project compliance, a stormwater management offset may be used as an alternative method to full or partial compliance with one or both of the following:

13.1.1.1 The Resource Protection Event (RPv) requirements as provided in subsections 5.2 and 5.6 .3 of these regulations.

13.1.1.2 The Conveyance Event (Cv) and Flooding Event (Fv) requirements as per subsections 5.3 and 5.4 of these regulations provided compliance is achieved through the participation in a Stormwater Management Offset District.

13.1.2 A stormwater management offset may be used as an alternative to full or partial compliance on projects that:

13.1.2.1 Are governed by a Stormwater Management Offset District, or

13.1.2.2 Demonstrate an inability to provide on-site best management practices due to physical site constraints including, but not limited to, soil characteristics and high water table.

13.1.3 With the exception of fees-in-lieu as managed in accordance with subsection 13.2, stormwater management offsets shall be utilized in the same ten digit hydrologic unit code as defined by the United States Geological Survey as the permitted site, or adjacent ten digit hydrologic unit code within the same eight digit hydrologic unit code.

13.2 Stormwater Management Fee-in-lieu

13.2.1 Owner Responsibilities

13.2.1.1 When the fee-in-lieu offset is utilized for full or partial compliance, the owner shall pay a fee-in-lieu in an amount not less than $20 per cubic foot of volume of runoff adjusted to current value to the nearest dollar. The $20 per cubic foot of volume of runoff value is based on the estimated cost to construct and maintain a bioretention stormwater BMP as of January 2018 and shall be adjusted annually using Engineering News Record's building and construction cost indexes for Philadelphia.

13.2.1.2 The fee-in-lieu amount for the phase of the project beginning construction shall be submitted to the Department or the Stormwater Management Offset District prior to commencement of construction.

13.2.2 Disbursements of fees-in-lieu collected by the Department will be managed through the Water Infrastructure Advisory Council (WIAC) (29 Del.C. Ch. 80 Subchapter 1, Section 8011).

13.3 Stormwater Management Trading

13.3.1 Stormwater management trading allows the use of a "credit" for one project to offset a "debit" condition on another project to gain RPv compliance.

13.3.2 A trading agreement shall be established between each debit project and its associated credit project.

13.3.3 Department or Delegated Agency will review both the credit and debit projects to ensure compliance.

13.3.4 The credit project shall be completed prior to commencement of construction of the debit project, including approval of all applicable Post Construction Verification Documents.

13.4 Stormwater Management Banking

13.4.1 Currency used for banking projects shall be based on the volume of runoff to be treated for the RPv.

13.4.2 A Stormwater Management Bank shall not have a negative balance.

13.4.3 Stormwater Management Bank Owner Responsibilities

13.4.3.1 Develop a banking framework for approval by the Department.

13.4.3.2 Develop a documentation process to be used for each project transaction.

13.4.3.3 Develop an accounting process to track project transactions.

13.4.4 Department or delegated agency responsibilities.

13.4.4.1 Banking framework documents, documentation process and accounting process shall be subject to review and approval by the Department.

13.4.4.2 Documentation for each project transaction shall be subject to review and approval by the Department or delegated agency.

13.4.4.3 Each stormwater management banking account shall be subject to periodic review by the Department or delegated agency.

13.5 Stormwater Management Offset District

13.5.1 The creation of a Stormwater Management Offset District will necessitate the development of public governance authorized to manage established Stormwater Management Offsets.

13.5.2 Stormwater Management Offset District authorization shall be subject to Departmental review and approval as well as to the public notice requirements of 7 Del.C. § 6004.

13.5.3 The intent of the Stormwater Management Offset District must be clearly defined regarding program components. Those components must include:

13.5.3.1 Program administration;

13.5.3.2 Planning;

13.5.3.3 Maintenance operations;

13.5.3.4 Regulation and enforcement; and

13.5.3.5 Offset implementation and verification.

13.5.4 A Stormwater Management Offset District may submit for authorization a Stormwater Management Fee-in-lieu Offset that is no less than the fee-in-lieu per cubic foot rate amount established in subsection 13.2 .1.1. Disbursements of fees-in-lieu collected and managed by the Stormwater Management Offset District in accordance with program components.

7 Del. Admin. Code § 5101-13.0

7 DE Reg. 1147 (03/01/04)
8 DE Reg. 1172 (02/01/05)
10 DE Reg. 735 (10/01/06)
17 DE Reg. 240 (8/1/2013)
18 DE Reg. 396 (11/1/2014)
22 DE Reg. 680 (2/1/2019) (Final)