Scientists from the Delaware Department of Natural Resources and Environmental Control published research today related to sediment quality behind eight dams in the Brandywine River, which finds there would be low risk of harm to fish or human health from toxic compounds if the sediments were released due to dam modification, removal or failure.

Conducted by DNREC’s Watershed Approach to Toxics Assessment and Restoration (WATAR) team, results of the study indicate that the volume of sediment trapped behind the dams is less than originally predicted, which translates to an overall lack of legacy toxic contaminant buildup. The report compares concentrations of contaminants in accumulated sediment across the eight dams investigated, and describes techniques used to evaluate potential impacts from the contaminants to aquatic life and human health. The overall findings are encouraging, as an increase in risk of adverse effects from the release of trapped sediments is not predicted.

A release of trapped sediments is likely to occur during dam modification/removal, or from catastrophic failure of any of the aged dams during a major storm/high flow event. Understanding potential impacts from the release of these sediments will allow DNREC to effectively influence proposed construction projects in the river to provide regulatory protection to downstream drinking water sources, and to fish health and aquatic habitat.

Brandywine Shad 2020 (BS2020) is a nonprofit led by the Brandywine Conservancy, the Hagley Museum and Library, and the University of Delaware. The nonprofit initiated the sediment study to inform their mission to remove or modify the dams in the Delaware portion of the Brandywine River to promote passage of American Shad and other fish species to “pre-dam” historic spawning grounds.

The Brandywine River surface water, sediment and aquatic species have been impacted by legacy contaminants such as polychlorinated biphenyls (PCBs), dioxins and furans, and chlorinated pesticides. This condition is evidenced by the existence of fish consumption advisories in both the non-tidal and tidal portions of the river. However, recent improvements have been documented, and future improvements are anticipated.

The report noted that opportunities exist to improve the overall water/sediment quality of the Brandywine River system in the future. Data collected in this study show that there are areas of greater relative concentrations of toxic compounds than others. And although increased risk of toxicity due to sediment release may not be predicted, evaluation should be conducted at the time of specific project planning/implementation to determine if a benefit to the ecosystem as a whole could be accomplished as a result of sediment removal or sediment management activities.

“The results of this evaluation provide peace of mind that the City of Wilmington’s drinking water, as well as the aquatic life in the river, should not be negatively affected by any release of contaminants associated with sediments behind the dams.” said John Cargill, hydrologist for DNREC. “Beyond this study, DNREC will continue to monitor the quality of the surface water and the fish in the Brandywine River, along with other water bodies throughout the state.

WATAR is a cooperative approach/project team that draws on the expertise of staff primarily within, but not limited to, the DNREC Division of Watershed Stewardship and the Division of Waste and Hazardous Substances. WATAR creates a framework for assessing potential toxic impacts and then implementing remediation and restoration projects in Delaware watersheds that are affected by toxic pollutants.

DNREC-WATARs partnership with BS2020 resulted in a total state cost of $51,000 for chemical analysis of sediment samples. Analytical services were supported by Hazardous Substance Cleanup Act (HSCA) funds. BS2020 funded the sediment sample collection activities. Visit the program web page at de.gov/WATAR to review/download the report and for additional supporting information.

About DNREC
The Delaware Department of Natural Resources and Environmental Control protects and manages the state’s natural resources, protects public health, provides outdoor recreational opportunities and educates Delawareans about the environment. The Division of Watershed Stewardship develops and implements innovative watershed assessment, monitoring and implementation activities. For more information, visit the website and connect with DNREC on Facebook, Twitter or LinkedIn.

Media Contacts: Nikki Lavoie, nikki.lavoie@delaware.gov; Michael Globetti, michael.globetti@delaware.gov

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DOVER – The Department of Natural Resources and Environmental Control’s Division of Watershed Stewardship will conduct a public hearing on proposed revisions to Delaware’s Sediment and Stormwater Regulations at 6 p.m. Wednesday, Oct. 10 in the DNREC Auditorium, Richardson & Robbins Building, 89 Kings Highway, Dover, DE 19901. The revisions address the October 2015 Delaware Superior Court decision in Baker v. DNREC, legislative changes to the regulations, and recommendations of the Sediment and Stormwater Regulatory Advisory Committee.

The proposed regulation revisions can be found in the September 2018 Delaware Register of Regulations. The proposed revisions may also be viewed in person at DNREC’s Richardson & Robbins Building. For more information, or to make an appointment to see the proposed regulation revisions at DNREC’s Dover offices, please contact Elaine Webb, DNREC Sediment and Stormwater Program, at 302-739-9921 or email Elaine.Webb@delaware.gov.

Interested parties may present statements and testimony, either verbally or in writing, on the proposed regulation changes at the Oct. 10 public hearing. Comments may also be submitted in writing by Oct. 25. Written statements and comments on the proposed regulation revisions should be addressed to: Elaine Webb, DNREC Sediment and Stormwater Program, 89 Kings Highway, Dover, DE 19901, or submitted by email to Elaine.Webb@delaware.gov.

Contact: Joanna Wilson, DNREC Public Affairs, 302-739-9902

Vol. 48, No. 264

DOVER – Governor Jack Markell today signed Senate Bill 253 that provides additional options and flexibility to developers, contractors and landowners for meeting standards that protect Delaware’s water quality and reduce flooding impacts under the state’s sediment and stormwater management program.

The legislation is the result of a collaborative effort between the Department of Natural Resources and Environmental Control, state legislators, representatives of the development community, and members of DNREC’s Regulatory Advisory Committee (RAC), which has been working to improve upon Delaware’s sediment and stormwater regulations that were adopted in 2014.

“Managing stormwater is a critical component in meeting our water quality goals and for assuring that people and property are protected from flooding in Delaware,” said DNREC Secretary David Small. “We also have learned over the past two years of implementing the regulations that there are a number of challenges in meeting these standards. This legislation continues to put a priority on protection of our water resources through additional, more efficient best management practices (BMPs), with the goal of lowering the cost of compliance for developers, contractors and landowners. We appreciate the cooperation from all of the stakeholders, the DNREC team and the General Assembly in reaching agreement on the legislation.”

The new legislation clarifies that the emergency sediment and stormwater regulations that are used currently will remain in force until comprehensive regulations are adopted. SB 253, sponsored by Senator Gerald Hocker (R-20th District) and Representative Tim Dukes (R-Laurel), allows for an alternative standard to be used in meeting requirements to manage the volume of stormwater runoff from a site and will enable the approval process for permits to be expedited.

Sen. Hocker said of the bill, “We knew we had major problems. Projects were being delayed and the costs associated with engineering for the projects were out of control. I met with representatives from DNREC along with homebuilders, engineers, and members of the farming community. We were able to come up with a compromise we feel everyone can work with, without compromising the environment.”

Rep. Dukes said that SB 253 rose above politics in becoming law. “This compromise measure is the result of how government should work with the people it serves. By enacting this legislation, we are recognizing that the 2014 stormwater regulations were too burdensome on the public,” he said. “Legislators, land owners, poultry farmers and developers came together at the table with DNREC, and worked cooperatively to reduce the regulatory burden while continuing to protect the environment. I am proud to be part of this effort and to have been the sponsor of this important measure in the House.”

What resulted from collaborative interests who addressed the state’s stormwater management issues was a bill that:

• Allows the use of additional BMPs that are determined to be functionally equivalent to existing BMPs under existing emergency regulations;
• Provides that DNREC develop standard plans to comply with the regulation for agricultural structures, including poultry houses that disturb less than 10 acres;
• Includes an exemption for stormwater management for residential projects under an acre, which is consistent with federal requirements;
• Allows applicants seeking approval of stormwater management plans to continue to utilize standards established in the current emergency regulations until new regulations are adopted;
• Extends the timeframes for an approved plan and redelegation of program elements from three to five years;
• Requires proposed regulations to comply with the Regulatory Flexibility Act, and
• Waives the timelines of the Administrative Procedures Act so that emergency regulations can remain in effect while the Regulatory Advisory Committee continues to develop changes to the regulations and supporting technical documents.

The current emergency regulations were adopted on April 15 to provide certainty for the development community and to allow projects to continue through DNREC’s approval process without a gap in sediment and stormwater regulations following a court decision citing a procedural flaw in the adoption of the 2014 regulations. Under the state’s Administrative Procedures Act, emergency regulations are only allowed to be in place for up to 180 days. However, with SB 253 having become law by the Governor’s signature, DNREC will not publish the interim regulations that were to appear in the July Register of Regulations. The Department will now be utilizing the emergency regulations, along with the new provisions in SB 253, to review and approve stormwater management plans, pending promulgation of comprehensive new regulations currently being developed by the RAC and DNREC.

CONTACT: Michael Globetti, DNREC Public Affairs, 302-739-9064

Vol. 46, No. 229

DOVER – DNREC Secretary David Small has issued a Notice of Administrative Penalty Assessment and Secretary’s Order to Oakwood Village at Lewes LLC (Oakwood Village) for violations of Delaware’s sediment and stormwater regulations, and Regulations Governing the Control of Water Pollution. The order includes an administrative penalty of $36,900 and an additional $5,535 in cost recovery reimbursement to DNREC.

Oakwood Village is a multi-phase subdivision in Sussex County comprising almost 64 acres with 115 single family units. The subdivision is being built in phases and is in the process of completing the final phase. Unless exempted under state law and Delaware’s sediment and stormwater Regulations, any entity disturbing land greater than 5,000 square feet (one-eighth acre) must comply with its approved sediment and stormwater management plan from DNREC or its delegated agencies.

The Sussex Conservation District referred Oakwood Village to DNREC for enforcement action in July 2014. Subsequent construction site reviews at Oakwood Village found six violations between July and October of 2014. The violations cited by DNREC were: deficiencies of the stabilized construction entrance, inlet protection, vegetative stabilization, silt fence, and maintenance.

The Secretary’s Order can be found on DNREC’s website at http://www.dnrec.delaware.gov/Info/Pages/SecOrders_Enforcement.aspx.

Oakwood Village has 30 days to request a public hearing.

Media Contact: Michael Globetti, DNREC Public Affairs, 302-739-9902

Vol. 46, No. 63

DOVER (April 1, 2013) – DNREC’s Division of Watershed Stewardship will hold its second public hearing on proposed revisions to the Delaware Sediment and Stormwater Regulations at 6 p.m. Tuesday, April 23, in the DNREC Auditorium, Richardson and Robbins Building, 89 Kings Highway, Dover. The revisions are designed to address the April 2005 recommendations of the Task Force on Surface Water Management, as well as changes to regulatory language following the first public hearing held March 1, 2012.  

The proposed regulation revisions may be inspected at the following locations: 

• DNREC’s Dover office, Richardson & Robbins Building, 89 Kings Highway, Dover, DE 19901
   
• Kirkwood Library, 6000 Kirkwood Highway, Wilmington DE 19808
   
• Kent County Public Library, 497 South Red Haven Lane, Dover, DE 19901
   
• Georgetown Public Library, 123 West Pine Street, Georgetown, DE 19947

The proposed regulation revisions and the technical document may also be inspected on the DNREC Division of Watershed Stewardship’s Sediment & Stormwater Management Program website. 

For additional information or to make an appointment to inspect the proposed regulation revisions or the technical document at DNREC’s Dover office, please contact Elaine Webb, DNREC Sediment and Stormwater Management Program, at 302-739-9921, or Elaine.Webb@delaware.gov. Review of the documents at the public libraries can be made during the libraries’ scheduled operating hours.

Interested parties may present statements and testimony orally or in writing on the proposed regulation changes at the April 23 public hearing or submit comments in writing by May 8, 2013. Comments submitted as part of the first public comment period will remain as part of the record. Those interested in speaking at the public hearing are asked to register in advance. Written comments on the technical document will be accepted until Tuesday, April 30, 2013.

 Written statements and comments on the proposed regulation changes may be addressed to: Elaine Webb, DNREC Sediment and Stormwater Management Program, 89 Kings Highway, Dover, DE 19901, or submitted by email to Elaine.Webb@delaware.gov.

Contact: Joanna Wilson, DNREC Public Affairs, 302-739-9902 

Vol. 43, No. 121

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