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State environmental officials sent a warning to Sussex County: Change the proposed source-water protection ordinance or risk having certification of the all-important comprehensive plan update delayed.
The source-water protection ordinance is part of the county’s comprehensive plan. As written, it does not meet the state standards, and state officials say it won’t protect the public’s drinking water. The main issue with the proposed ordinance centers on the wellhead protection safe zones.
On advice of James Griffin, county attorney, the council agreed Tuesday, Dec. 18, to defer action and leave the record open to accept written comments on the ordinance from the Preliminary Land Use Service (PLUS) of the State Office of Planning, as well as any other comments.
The PLUS report will include comments on the county’s plan from every state agency.
In a letter to the council, Kevin Donnelly, director of the Delaware Department of Natural Resources and Environmental Control (DNREC) Division of Water Resources, wrote the department does not support the proposed ordinance and that it “falls short of protection” of the county’s drinking water.
Donnelly said DNREC is charged with source-water protection spearheaded by ordinances in each county. “The ordinance is key to approval of your comprehensive plan,” he wrote. “The ordinance will not pass the certification process.”
The letter was read during a public hearing on the ordinance.
County Administrator David Baker said the letter from DNREC is “a concern.”
“We are awaiting the written PLUS comments and deferring any action until we see them,” Baker said. “The comments may, or may not, match up with Kevin Donnelly’s letter.”
Baker said he expects the PLUS comments by the end of this week.
State, county disagree
The proposed county ordinance falls short of the state’s recommended safe zones for wellhead protection.
DNREC wants a minimum of a 150-foot-radius safe zone around all public wells. The Sussex County ordinance contains a 20-foot radius safe zone for wells pumping less than 50,000 gallons per day and 100 feet for wells pumping more than 50,000 gallons per day.
Public refers to municipalities and to any commercial establishments accessible to the public such as schools, day-care centers and restaurants. Residential and existing wells would be exempt from the ordinance.
“If the ordinance does not protect the natural resources of the county, the department can use its judgment to deny certification of the county’s land-use plan natural resources element,” said Doug Rambo, a DNREC hydrologist.
Connie Holland, director of the State Office of Planning, said all state agencies must sign off on the county’s plan for certification to be achieved.
And without certification, nonessential state funding, such as road project money, to the county is withheld.
The deadline for plan certification is April.
Baker said the 150-foot requirement “seems a little much” that would put too many restrictions on small businesses.
“We are willing to sit down with state representatives and work something out – perhaps on a scale of some sort,” he said.
Safe zone data
Rambo said the safe zones are based on modeling studies of wells and water tables. He said water tables around wells are usually oblong, cigar shaped. “And they change direction with the seasons.
They are usually about 150 feet in size,” he said. That is where the 150-foot safe zone originated.
Rambo also said the county’s proposed ordinance, which prohibits any structure within the safe zone, is more restrictive than the state recommendations.
“We are not saying you can’t build anything in the well-head protection area,” Rambo said.
He said that was a recommendation placed in the ordinance by the county committee, and not a state recommendation.
“Obviously, it’s great protection for a well, but we are not looking for a 100 percent restriction in building. We are looking for responsible land use.”
Farming is also permitted within wellhead protection areas as long as best-management practices are followed and detailed records of pesticide applications are maintained.
Public comment
The council listened to public testimony on the ordinance at its Dec. 18 meeting.
Mable Granke, a member of the county’s source water protection committee, said she did not agree with the committee’s final report and submitted ordinance.
“I’m presenting the minority report because I’m concerned the draft report is deficient,” she said.
She sided with the DNREC recommended distances for safe zones around wells and the recommended percentage for excellent recharge areas.
“We have to listen to their expertise,” she said.
Three other members of the committee also spoke during the public hearing – all supported the final report.
“Pass it like it is,” said Dan Kramer of Greenwood.
Kevin Burdette of Milton, who has been a licensed well driller for 30 years, said there are already enough environmental regulations in place to safeguard drinking water.
Wayne Baker of Lewes said the proposed safe zones would be too restrictive on property owners. He said trying to get a well and septic system squeezed on a one-acre lot with any kind of business activity with a public well would be impossible.
“Sussex County has plenty of water,” he said. “You can pump 1 million gallons of water on an acre of land all day. And the quality can be treated. We are blessed; we’ll have water when no one else does. The ordinance is good enough as it is.”
In any case, the county will not meet the legislated Dec. 31, 2007, deadline to adopt the measure. Administrator Baker said he has been assured by state planners that not having the ordinance passed by the deadline is not a problem – Kent County will not have an ordinance in place either.
Contact Ron MacArthur at ronm@capegazette.com
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