7 Del. Admin. Code § 7403-8.0

Current through Reigster Vol. 28, No. 6, December 1, 2024
Section 7403-8.0 - On-site Wastewater Treatment and Disposal System Performance Standards
8.1 All OWTDSs in the Indian River, Indian River Bay, Rehoboth Bay and Little Assawoman Bay Watersheds are required to reduce their nutrient wastewater loads.
8.2 Requirements for large OWTDSs having flows greater than 20,000 gallons per day (gpd):
8.2.1 All new systems shall meet Performance Standard Nitrogen level 1 (PSN1).
8.2.2 All replacement systems shall meet Performance Standard Nitrogen level 2 (PSN2).
8.2.3 When the operation and maintenance permit expires for an existing system, the Department will require the system to meet Performance Standard Nitrogen level 2 (PSN2). If the Department deems that the OWTDS must be redesigned to meet PSN2, the owner or operator of the system will have up to 60 months from the permit expiration date to bring the OWTDS into compliance with the new standard.
8.2.4 Where the system location is identified as having high potential for phosphorus mobility, new OWTDSs shall meet a Performance Standard Phosphorus level 1 (PSP1).
8.2.5 When the operation and maintenance permit expires for an existing system, and the system location is identified as having high potential for phosphorus mobility, the system must comply with the Performance Standard Phosphorous level 1 (PSP1). If the Department deems that the system must be redesigned to meet PSP1, the owner or operator of the system will have up to 60 months from the permit expiration date to bring the OWTDS into compliance with the new standard.
8.3 Requirements for large OWTDSs having flows greater than 2,500 gpd but less than 20,000 gpd:
8.3.1 All new systems shall meet a Performance Standard Nitrogen level 2 (PSN2).
8.3.2 All replacement systems shall meet a Performance Standard Nitrogen level 3 (PSN3).
8.3.3 When the operation and maintenance permit expires for an existing system, the system must meet a Performance Standard Nitrogen level 3 (PSN3). If the Department deems that the large OWTDS must be redesigned, the owner or operator of the system will have up to 60 months from the permit expiration date to bring the OWTDS into compliance with the new standard.
8.3.4 When the operation and maintenance permit expires for an existing system and the system location is identified as having high potential for phosphorus mobility, the system must comply with the Performance Standard Phosphorous level 2 (PSP2).
8.4 Requirements for small OWTDSs having flows less than or equal to 2,500 gpd:
8.4.1 All new and replacement systems shall meet a Performance Standard Nitrogen level 3 (PSN3).
8.4.2 Department approval and use of advanced treatment units shall be in accordance with the Regulations Governing the Design, Installation and Operation of On-Site Wastewater Treatment and Disposal Systems and the Innovative and Alternative System Approval Checklist.
8.4.3 All permit applications shall be prepared in accordance with the Regulations Governing the Design, Installation and Operation of On-Site Wastewater Treatment and Disposal Systems and these Regulations.
8.4.4 To provide proper operation and maintenance of the innovative and alternative onsite wastewater treatment and disposal system, the permittee is required to adhere to Department permit conditions. These permit conditions require mandatory operation and maintenance for the life of the system by maintaining a service contract with a certified service provider.
8.4.5 In instances where central sewer will become available within five years, the requirements of Section 8.4 will be waived after the Department receives a letter (with an approved Certificate of Public Convenience and Necessity (CPCN) where applicable) stating when central sewer will become available from Sussex County, the appropriate municipality, or the wastewater utility.
8.5 Large systems will be operated and monitored in accordance with permit conditions, and the following:
8.5.1 Large systems shall be operated by a Department licensed operator. The class level of the operator required and frequencies of inspections will be in accordance with the Regulations for Licensing Operators of Wastewater Facilities.
8.5.2 Large systems shall be sampled as outlined in the permit conditions.

7 Del. Admin. Code § 7403-8.0