Land disturbing activities greater than 5,000 square feet of disturbance – for any commercial, residential, institutional, industrial, or utility construction including clearing, grading, excavating, transporting and filling of land – all require approval of a Sediment and Stormwater Management Plan prior to beginning the land-disturbing activity. Construction activities with disturbances of 1.0-acre or greater require NPDES Construction General Permit coverage to discharge stormwater from the construction activity.

The Sediment and Stormwater Program is charged with implementation of 7 Del.C. Ch. 40, Erosion and Sedimentation Control and 7 DE Admin. Code 5101, Delaware Sediment and Stormwater Regulations (DSSR). With the exception of agricultural land management practices and forestry operations, all land disturbing activities in the State of Delaware are regulated. The Sediment and Stormwater Program, through a series of delegated agencies throughout the state, ensures that these land disturbances are in compliance with the DSSR.  DNREC’s Sediment and Stormwater Program provides oversight and technical guidance to delegated agencies in carrying out the responsibilities of the program.  DNREC and delegated agency staff members are responsible for plan review, construction site review, and post construction maintenance reviews of stormwater management BMPs within their jurisdictions and also provide technical assistance to owners for maintenance to ensure practices continue to function as designed.  Additionally, the Sediment and Stormwater program staff members conduct two (2) certification courses.  The first course is for “responsible personnel” to assist with compliance efforts on active construction sites and as required by law.  The second is the Certified Construction Reviewer course which is a third-party private inspector of sediment and stormwater controls who is hired by the developer when required by the review agency.  The Sediment and Stormwater Program has been delegated by EPA the implementation authority over Delaware’s National Pollutant Discharge Elimination System (NPDES) Stormwater Construction General Permit (CGP) program 7 Del.C. Ch. 60, Environmental Control and 7 DE Admin. Code 7201, Regulations Governing the Control of Water Pollution and issues CGP coverage upon receipt of a Notice of Intent and approval of the Sediment and Stormwater Management Plan.

More Information

https://dnrec.alpha.delaware.gov/watershed-stewardship/sediment-stormwater/

Department: DNREC

Division: Watershed Stewardship

Office: Sediment & Stormwater Program

Term

Approved Sediment and Stormwater Management Plans remain valid for 5 years from the date of approval, unless specifically extended. The Sediment and Stormwater Management Plan approval may be extended following a written request for extension providing justification for the extension request. NPDES Construction General Permit coverage is valid for the construction project as long as the Sediment and Stormwater Management Plan and the Construction General Permit remain valid and until all termination requirements have been met and Notice of Termination form has been submitted and approved.

Fee

Sediment and Stormwater Management plan review, approval, construction review and maintenance review fees are set by the Sediment and Stormwater Program Delegated Agency responsible for the plan approval. When the DNREC Sediment and Stormwater Program is the approval agency, the Sediment and Stormwater Management plan fee is $80 per disturbed acre. The NOI Fee to gain NPDES Construction General Permit coverage is $195 annually and is submitted to DNREC for all projects regardless of approval agency.

Application Form

See website for forms and more information: https://dnrec.alpha.delaware.gov/watershed-stewardship/sediment-stormwater/applications/

Applicable Laws

http://delcode.delaware.gov/title7/c040/

Applicable Rules and Regulations

Delaware Sediment and Stormwater Regulations:
http://regulations.delaware.gov/AdminCode/title7/5000/5101.shtml#TopOfPage
NPDES Construction General Permit: 9 DE Reg 1250 (2/1/06) Part 2 – SPECIAL CONDITIONS FOR STORM WATER DISCHARGES ASSOCIATED WITH CONSTRUCTION ACTIVITIES
http://regulations.delaware.gov/AdminCode/title7/7000/7200/7201.shtml#TopOfPage

Contact

Bonnie Arvay can be contacted by email at bonnie.arvey@delaware.gov

Registry of Licenses Search

http://apps.dnrec.state.de.us/noi/

Notice

This search covers most of the frequently requested licenses, certifications, registrations, and filings that the State of Delaware requires. However, this is not a fully exhaustive list of every possible requirement. Please consult with the appropriate state agencies to find out if there are additional requirements you must fulfill.