7 Del. Admin. Code § 7403-9.0

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

Section 7403-9.0 - Enforcement, Challenges, and Waivers

9.1 Enforcement of these regulations shall be as outlined in Title 7, Chapter 60, Section 6005 of the Delaware Code.

9.2 Technical errors related to primary and/or secondary water feature classifications may be brought to the Department's attention by following the procedures outlined in the guidance document entitled, "Procedures for Challenging the "Map of Water Features to be Buffered in the Inland Bays Watershed." If an on-site evaluation by the Department establishes that a technical error exists in the Map of Water Features to be Buffered in the Inland Bays Watershed that has been adopted by the Department as part of this Regulation, the map containing the error may be corrected by the Department after the Department documents, in writing, the results of the on-site evaluation, and the Department gives the public notice of any proposed correction. For purposes of this subsection, the term "public notice" shall consist of having notice of the proposed correction, the name of the property owner, location of the property in issue and a description of the error, published in a daily newspaper of general circulation throughout the State and a newspaper of general circulation in the county in which the activity is proposed. Such notice shall be published at least 20 days in advance of any correction to a map by the Department. If the Department determines that it has received a meritorious objection to any proposed correction set forth in a public notice, the Department may hold a public hearing if necessary in accordance with the procedures and laws required by the State of Delaware.

9.3 Technical errors related to the location of the tidal wetlands depicted on the map entitled "Areas Requiring Early Implementation of PSN3" may be brought to the Department's attention by following the procedures outlined in Title 7, Chapter 66 of the Delaware Code.

9.4 Waiver requests from the stormwater management requirements of Section 5 shall be determined through the procedures outlined in the Delaware Sediment and Stormwater Regulations.

9.5 Waiver requests for all other sections of these Regulations shall follow these procedures. Upon the applicant's request, the Secretary may grant a waiver from the strict application of this Regulation after an opportunity for formal public notification and review.

9.5.1 Notice shall be provided to the public including all contiguous property owners.

9.5.2 A public hearing will be held if a meritorious request is received within a reasonable time as stated in the advertisement.

9.5.3 A public hearing request shall be deemed meritorious if it exhibits a familiarity with the waiver request and has a reasoned statement of the waiver's probable impact.

9.5.4 No waiver shall be granted unless the said variance meets the following criteria:

9.5.4.1 The action will not result in substantial adverse effect on water quality, in general; and

9.5.4.2 The waiver must minimize the effects to the water quality goals of these Regulations to the greatest extent possible; and

9.5.4.3 A denial of the desired waiver would preclude a reasonable use of the property; and

9.5.4.4 The justification for the waiver is not related to a self-imposed special condition.

9.6 In addition to the waivers available in 9.4, the Secretary may grant hardship waivers from Sections 6.2 and 8.4 of these Regulations as outlined below.

9.6.1 The Secretary may consider the following factors in reviewing an application for a waiver based on hardship:

9.6.1.1 Advanced age or bad health of the applicant; or

9.6.1.2 Need of applicant to care for aged, incapacitated, or disabled relatives; or

9.6.1.3 Lack of funding programs and/or institutional opportunities for low and fixed income applicants.

9.6.2 Hardship waivers granted by the Secretary may contain but are not limited to conditions such as:

9.6.2.1 Permits for the life of the applicant; or

9.6.2.2 Limiting the number of permanent residents using the system; or

9.6.2.3 Use of non-nutrient reducing on-site wastewater treatment and disposal systems for a specified period of time.

9.6.3 Documentation of hardship must be provided before the application is referred to the Secretary for action.

9.6.4 Department personnel shall strive to aid and accommodate the needs of the applicants for waivers due to hardship.

9.7 In the event that more than one waiver from these Regulations is required, the Secretary may coordinate the review of such waivers.

7 Del. Admin. Code § 7403-9.0