7 Del. Admin. Code § 7403-1.0

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

Section 7403-1.0 - Authority and Scope

1.1 These Regulations are adopted by the Secretary of the Department of Natural Resources and Environmental Control under and pursuant to the authority set forth in 7 Del.C. Ch. 40, 60, 66,70 and 72 and in 29 Del.C.§§ 8014 (5) and 8025.

1.2 These Regulations apply to the public and private lands draining into the Indian River, Indian River Bay, Rehoboth Bay and Little Assawoman Bay and their tributaries (collectively referred to as "the Inland Bays").

1.3 Unless otherwise stated in these Regulations, the effective date of these Regulations is 60 days from the date of publication of the final Regulations.

1.4 Proposed major subdivision plans, site plans, concept plans, initial stage calculation sheets, requests for service level evaluation, or requests for scoping meetings which have been received by DelDOT prior to the effective date of this regulation for a development proposal, for the purpose of securing a letter of no objection, support facilities report, entrance location, or entrance approval, are not subject to the buffer and stormwater requirements of these Regulations, Sections 4 and 5. If after 5 years from the effective date, an application for the project has not been submitted to the appropriate county or local government and substantial expenditures have not been made for the project to proceed, all stormwater and buffer provisions of these Regulations will be applicable to the project.

1.4.1 In instances where submissions to DELDOT are not required prior to filing an application with Sussex County or local government, projects for which applications have been submitted to the County or a municipality prior to the effective date of these Regulations are not subject to the buffer and stormwater provisions, Sections 4 and 5, of these Regulations.

1.4.2 For projects within the County, the effective date of Sections 4 and 5 shall be 10 calendar days after the date of publication of the final Regulations in the Delaware Register of Regulations. For projects on lands located within municipalities as of the date of publication of these Regulations, the effective date of Sections 4 and 5 of these Regulations shall be one year from the date of publication of the final Regulations in the Delaware Register of Regulations.

1.5 Section 6 of these Regulations will become effective 30 days from the date of publication of the final Regulations.

1.6 Section 7 of these Regulations will become effective 180 days from the date of publication of the final Regulations.

1.7 New systems, as described in Sections 8.2.1 and 8.3.1 of these Regulations, that have submitted a Site Investigation Report (SIR) and a Preliminary Groundwater Impact Assessment (PGIA) or a Site Selection and Evaluation Report (SSER) within 60 days from the date of publication of the final Regulations, are not subject to the general onsite wastewater treatment and disposal system provisions of these Regulations.

1.8 Section 8.4 of these Regulations shall be effective for all permit applications whose site evaluations have been submitted to the Department 60 days or more after the date of publication of the final Regulations when those sites lie within 1000 feet of the mean high water line of the Indian River, Indian River Bay, Rehoboth Bay, or Little Assawoman Bay or their tributaries, or from their associated tidal wetlands shown on Delaware's 1992 State Wetland Mapping Project Maps. The 1000 foot boundary line from these tidal wetland and water areas is depicted on the map entitled "Areas Requiring Early Implementation of PSN3" contained in Appendix B of this Regulation.

1.9 All complete permit applications received on or after January 1, 2015 for new and replacement systems throughout the Inland Bays Watershed shall comply with Section 8.4 of these Regulations.

7 Del. Admin. Code § 7403-1.0