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Land Use - Engineering News

Posted on: March 21, 2019

Policies to address the transition to the 2019 Delaware Sediment and Stormwater Regulations

NEW CASTLE COUNTY AND DNREC 5101 SEDIMENT AND STORMWATER REGULATIONS

TRANSITIONAL POLICY


Plans in review process prior to February 11, 2019

Effective February 11, 2019, any project, including those that had submitted plans for review prior to the effective date, may choose to submit for approval of a plan complying with the revised regulations.  Based on the “functionally equivalent” language contained in SB253 and the redevelopment language contained in SB204, plan design criteria prior to and following the effective date of the revised regulations will not be significantly different.

BMP designs, Soil Investigation Procedures and Setbacks as defined in Sections 11.0 and 12.0 of the revised regulations must be adhered for all projects submitting preliminary sediment and stormwater plans (step 2 in the review process) following the effective date of the revised regulations. 

Projects that have submitted preliminary sediment and stormwater plans for review prior to the February 11, 2019 will have until December 31, 2019 to gain approval of the plan if choosing not to adhere to all requirements in the revised regulations.


Expiration of plans approved under previous DSSR 5101 

All plans approved or extended under previous regulations (DSSR as amended October 11, 2006) shall commence construction no later than December 31, 2019.    A plan approved to comply with previous regulations where construction has not commenced by December 31, 2019 shall expire and a new plan in compliance with these regulations shall be submitted to New Castle County for review and approval before commencement of construction.  Commencement of construction means that the construction of the approved Plan is visible with the construction of a structure or infrastructure, including but not limited to roads, water and sewer lines, and stormwater management systems. General earth moving is not considered commencement of construction.  Please note that expiration of the Sediment and Stormwater Plan may require design revisions that result in the need for a revised Record Plan and other associated documents with the application.


Third Party CCR

For projects that have not held a pre-construction meeting nor begun construction prior to the effective date of the revised regulations, when a CCR is required by the Department or Delegated Agency, that CCR must be a third party CCR as defined in Section 2.0.

For projects that held a pre-construction meeting and began construction prior to the effective date of the revised regulations, CCRs active on those projects may remain with the project throughout construction unless the plan approval agency notifies the project owner that a third party CCR is required.  At any time that the CCR is replaced on an active project, the new CCR must be a third party CCR.


Confirmatory Infiltration Testing

Any stormwater BMP that relies upon infiltration to meet compliance, that begins construction as noted by CCR reports and/or BMP Facility Construction Checklists following the effective date of the revised regulations, must complete confirmatory infiltration testing in accordance with 12.1.3.2

Any stormwater BMP that relies upon infiltration to meet compliance, that begins construction as noted by CCR reports and/or BMP Facility Construction Checklists prior to the effective date of the revised regulations, is not required to complete confirmatory infiltration testing in accordance with 12.1.3.2 unless directed to do so by the plan approval agency through a plan revision.


BMP Construction Checklists

 All BMP’s constructed pursuant to DSSR 5101 shall adhere to the construction checklists on the DNREC Sediment and Stormwater website:  http://www.dnrec.delaware.gov/swc/Drainage/Pages/BMP-Construction-Checklists.aspx.  The New Castle County construction checklists for BMP’s have been removed from the County website as they are not applicable to designs approved under the DSSR 5101.  As a reminder, the Stormwater Management Facility As-built Information checklist must be submitted with each stormwater as-built package.

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