Revised sediment and stormwater regs go into effect Feb. 11

Revised Delaware sediment and stormwater regulations from the Department of Natural Resources and Environmental Control will become effective Monday, Feb. 11, DNREC Secretary Shawn M. Garvin announced. The regulations were developed with diverse public participation through a Regulatory Advisory Committee Garvin said, with RAC members forging a consensus on a range of regulatory issues.

The revised sediment and stormwater regulations correct a previous procedural flaw in the prior adoption of regulations by DNREC, as initially determined by the Delaware Superior Court, and later upheld by the State Supreme Court. Revisions to the regulations that go into effect included incorporating parts of the former DNREC Technical Document guidance into the actual regulations, consistent with the judicial opinions. 

The revisions also address legislative changes with regard to runoff from the most frequent rainfall event; stormwater volume control; stormwater management for redevelopment; and plan approvals for construction of residential, utility and poultry house projects. 

In addition to addressing legislative actions, the revised regulations include simplified criteria for the approval of smaller, less impactful projects.  The revised regulations include standards and specifications for each of 17 post-construction stormwater management best management practices, and expand the section in the regulations on stormwater offsets to include details regarding fees-in-lieu, banking and stormwater management offset districts.

The revised stormwater and sediment regulations can be found at www.dnrec.delaware.gov/swc/Pages/SedimentStormwater.aspx.