7 Del. Admin. Code § 101-5.0
Current through Register Vol. 28, No. 4, October 1, 2024
Section 101-5.0 - Uses Not Regulated5.1 The construction and/or operation of the following types of facilities and activities shall be deemed not to constitute initiation, expansion or extension of heavy industry or manufacturing uses under these regulations: 5.1.1 The raising of agricultural commodities or livestock.5.1.2 Warehouses or other storage facilities, not including tank farms.5.1.3 Tank farms of less than five acres.5.1.4 Parking lots or structures, health care and day care facilities, maintenance facilities, commercial establishments not involved in manufacturing, office buildings, recreational facilities and facilities related to the management of wildlife.5.1.5 Facilities used in transmitting, distributing, transforming, switching, and otherwise transporting and converting electrical energy.5.1.6 Facilities used to generate electric power directly from solar energy.5.1.7 The repair and maintenance of existing electrical generating facilities providing such repair or maintenance does not result in any negative environmental impacts.5.1.8 Back-up emergency and stand-by source of power generation to adequately accommodate emergency industry needs when outside supply fails.5.1.9 The continued repair, maintenance and use of any non-conforming bulk product transfer facility where that facility transfers the same products and materials, regardless of the amount of such products or materials, as those transferred on June 28, 1971.5.1.10 Bulk product transfer operations at dock facilities owned by the Diamond State Port Corp. (DSPC) or its successors, or acquired by the DSPC or its successors at any time in the future, and which are located within the Port of Wilmington as shown in Appendix B.5.1.11 Docking facilities used as bulk product transfer facilities located on privately owned lands within the Port of Wilmington which have been granted a status decision extending the bulk product transfer exemption prior to the effective date of these regulations.5.1.12 Docking facilities which are not used as bulk product transfer facilities.5.1.13 Any pipeline that originates outside the Coastal Zone, traverses the Coastal Zone without connecting to a manufacturing or heavy industry use and terminates outside the Coastal Zone.5.1.14 Maintenance and repair of existing equipment and structures.5.1.15 Replacement in-kind of existing equipment or installation of in-line spares for existing equipment.5.1.16 Installation and modification of pollution control and safety equipment for nonconforming uses within their designated footprint providing such installation and modification does not result in any negative environmental impact over and above impacts associated with the present use.5.1.17 Any facilities which have received, prior to the promulgation of these regulations, a status decision which provided an exemption for the activity in question.5.1.18 Research and development activities within existing research and development facilities.5.1.19 Any other activity which the Secretary determines, through the status decision process outlined in Section 7.0 of these regulations, is not an expansion or extension of a non-conforming use or heavy industry use.5.1.20 Public Sewage Treatment Plants and associated conveyance infrastructure including piping and pump stations, subject to regulation by the Federal Water Pollution Control Act, 33 U.S.C. § 1251, et. seq. and/or the Delaware Environmental Protection Act, 7 Del.C., Chapter 60.7 Del. Admin. Code § 101-5.0
5 DE Reg. 930 (10/01/01)
23 DE Reg. 222 (9/1/2019) (Final)