The DNREC Division of Water will conduct a public hearing (Docket #2022-P-W-0017) on a Tier II General Permit being issued for new Phase II Municipal Separate Storm Sewer System (MS4) entities under the National Pollutant Discharge Elimination System (NPDES). The public comment period closed.

The NPDES Tier II General Permit covers small municipal storm water sewer systems (MS4s) located in the State of Delaware that are within Urbanized Areas as defined by the US Census Bureau and those that may be designated by the Department. Entities within Urbanized Areas not otherwise covered by a MS4 General Permit may request a waiver. Only small Phase II MS4s that submit a Notice of Intent (NOI) and a Storm Water Management Program Plan in accordance with the terms and conditions of this proposed National Pollutant Discharge Elimination System (NPDES) Permit No. DE 0051217 (State Number WPCC 3033/20) and obtain written authorization from DNREC will be authorized under the Tier II General Permit to discharge storm water to the waters of the State of Delaware. The permit available for review contains additions and modifications that include the MS4 designation criteria and a process to ensure all urbanized areas are addressed for permit coverage.

This General Permit is in compliance with the provisions of the Federal Water Pollution Control Act, as amended by the Clean Water Act of 1977 and the Water Quality Act of 1987 (33 U.S.C.§§ 1251 et seq.) and pursuant to the provisions of Title 7, Del. C., § 6003.

For additional information on the above matter and to review the Fact Sheet and Draft Permit, contact Gordon Woodrow, Division of Water, Commercial and Government Services Section, 89 Kings Hwy., Dover, DE 19901, by phone at (302)739-9946, or by email at Gordon.Woodrow@delaware.gov.

The Department will accept public comment through the close of business on Feb. 23, 2023. Comments will be accepted in written form via email to DNRECHearingComments@delaware.gov, using the online form at de.gov/dnreccomments, or by U.S. mail to the address listed on this page.

Transcript

Public Hearing Transcript

DNREC Exhibits

Exhibit 1: Draft MS4 Phase II Tier II General Permit and Fact Sheet as revised as of Dec. 14, 2022

Exhibit 2: Draft MS4 Phase II Tier II General Permit and Fact Sheet as published June 8, 2022

Exhibit 3: MS4 NOI Form and MS4 Waiver Form

Exhibit 4: Public Hearing Legal Notice as published on the DNREC website and in the Delaware State News and the News Journal on Dec. 14, 2022

Exhibit 5: Hearing Notice Posting on the State Public Meeting Calendar on Dec. 21, 2022

Exhibit 6: Public Hearing Webpage (this page)

Exhibit 7: Court Reporter Confirmation

Exhibit 8: Public Hearing Requests

• Delaware Dept. of Transportation (with Justification Letter)
• City of Dover
• Delaware Nature Society
• Nature Conservancy

Exhibit 9: Copies of emails sent to entities that requested a Public Hearing and emails sent to public entities

Exhibit 10: DNREC MS4 Phase II Tier II PowerPoint Presentation

Exhibit 11: Proposed DNREC Exhibits Index

Public Comments

Emily Knearl, Nature Conservancy PA/DE Chapter (Jan. 25, 2023)

Berley Mears, Public Works Director, City of Seaford (Feb. 22, 2023)

Jamie Smith, Town Manager, Town of Laurel (Feb. 22, 2023)

Mark Nardone, Director of Advocacy, Delaware Nature Society (Feb. 23, 2023)

Sara Esposito, NPDES Manager, DelDOT (Feb. 23, 2023)
– DelDOT Comment Letter
– DelDOT Mark-up of the Draft General Permit