A Guide to the Delaware Inland Bays Pollution Control Strategy Requirements, Process, and Compliance

The Delaware Inland Bays Pollution Control Strategy Guide is an essential resource for navigating the complex regulatory landscape surrounding water quality protection in the Delaware Inland Bays watershed. This guide offers a comprehensive overview of the strategy's key provisions, compliance obligations, and enforcement mechanisms, empowering readers to effectively manage their projects while safeguarding the delicate ecosystems of the Inland Bays. Through a well-organized and accessible format, readers will gain a deep understanding of the regulated activities and entities, the structure and core components of the strategy, and the critical role of monitoring, reporting, and recordkeeping in ensuring compliance. The guide also explores recent developments and the regulatory outlook, providing valuable insights into the evolving nature of the Inland Bays Pollution Control Strategy and the importance of staying informed and engaged in the regulatory process. With its focus on practical knowledge and actionable information, this guide serves as an indispensable tool for successfully implementing projects in harmony with the environmental stewardship goals of the Delaware Inland Bays Pollution Control Strategy.

GENERAL INFORMATION

Key Details of the Delaware Inland Bays Pollution Control Strategy

Issuing Agency: Delaware Department of Natural Resources and Environmental Control (DNREC)
Year Established: 1998
Last Amended: 2008
Statutory Authority: The Delaware Water Pollution Control Law, Title 7, Delaware Code, Chapter 60[^0]
Primary Legal Reference: Title 7, Delaware Administrative Code, Section 7403[^1]

Overview of the Delaware Inland Bays Pollution Control Strategy

The Delaware Inland Bays Pollution Control Strategy operates within the broader Delaware Water Pollution Control Law framework, which aims to protect and enhance the state's water resources. The strategy specifically addresses nutrient pollution issues in the Inland Bays watershed, which includes Rehoboth Bay, Indian River Bay, and Little Assawoman Bay. The Delaware Department of Natural Resources and Environmental Control (DNREC) is the primary agency responsible for administering and enforcing the regulation.

Developed in 1998 in response to concerns about water quality degradation in the Inland Bays, the strategy sets nutrient load reduction goals and outlines a comprehensive approach to achieve them. Major components include point source discharge limits, agricultural best management practices, stormwater management, and land use planning. The strategy was significantly amended in 2008 to incorporate updated nutrient reduction targets and expand its pollution control measures.

The strategy's geographic scope covers the entire Inland Bays watershed, which encompasses approximately 300 square miles in southeastern Delaware. It applies to all major sources of nutrient pollution within the watershed, including wastewater treatment plants, agriculture, and urban and residential areas.

What does the Delaware Inland Bays Pollution Control Strategy protect?

The Delaware Inland Bays Pollution Control Strategy protects the water quality and aquatic ecosystems of the Inland Bays watershed, which includes Rehoboth Bay, Indian River Bay, and Little Assawoman Bay. The regulation aims to reduce nutrient pollution, primarily nitrogen and phosphorus, from entering the bays and their tributaries. Excessive nutrients can lead to harmful algal blooms, oxygen depletion, and loss of seagrass habitats, negatively impacting fish and shellfish populations and recreational uses of the bays. The strategy achieves this protection by setting nutrient load reduction targets and implementing a range of pollution control measures, such as wastewater discharge limits, agricultural best management practices, and stormwater management requirements.

[^0]: 7 Del. C. § 6001 et seq. [^1]: 7 DE Admin. Code 7403

REGULATORY SCOPE & JURISDICTION

Regulated Activities & Entities

The Delaware Inland Bays Pollution Control Strategy regulates various activities and entities that have the potential to contribute to water pollution in the Delaware Inland Bays watershed. This watershed encompasses a significant portion of Sussex County, Delaware, and includes the Rehoboth Bay, Indian River Bay, and Little Assawoman Bay¹. The strategy aims to reduce nutrient pollution, particularly nitrogen and phosphorus, which can lead to eutrophication, algal blooms, and other detrimental effects on water quality and aquatic life.

The following activities and substances are prohibited under the Delaware Inland Bays Pollution Control Strategy:

1. Discharge of pollutants without a permit: Any point source discharge of pollutants into the Inland Bays watershed requires a permit from the Delaware Department of Natural Resources and Environmental Control (DNREC)².

2. Excess nutrient application: The application of fertilizers containing nitrogen or phosphorus in quantities exceeding the nutrient needs of crops or lawns is prohibited. This measure aims to reduce nutrient runoff from agricultural and residential areas³.

3. Improper waste management: The strategy prohibits the improper storage, handling, or disposal of animal wastes, such as manure from poultry operations or livestock farms. These wastes must be managed in accordance with nutrient management plans to minimize the risk of nutrient leaching or runoff⁴.

4. Untreated stormwater discharge: The direct discharge of untreated stormwater from impervious surfaces, such as roads, parking lots, and rooftops, is prohibited. Stormwater must be managed through best management practices (BMPs) to reduce nutrient loading and other pollutants⁵.

Structure and Key Provisions

The Delaware Inland Bays Pollution Control Strategy is organized into several sections that outline its purpose, scope, and regulatory requirements. While it is crucial to consult the full text of the regulation for specific projects, the following overview highlights the most important and commonly applicable sections⁶.

Section 1: Purpose and Scope

This section establishes the strategy's goal of reducing nutrient pollution in the Delaware Inland Bays watershed and defines the geographic area covered by the regulation⁷.

Section 2: Definitions

The definitions section provides clear explanations of key terms used throughout the strategy, such as "point source," "nonpoint source," "best management practices," and "nutrient management plan"⁸.

Section 3: Point Source Pollution Control

This section outlines the permitting requirements for point source discharges, including wastewater treatment plants, industrial facilities, and concentrated animal feeding operations (CAFOs). It specifies the pollutant limits, monitoring, and reporting obligations for permit holders⁹.

Section 4: Nonpoint Source Pollution Control

The nonpoint source pollution control section addresses nutrient management requirements for agricultural operations, urban and residential areas, and other land uses¹⁰. It establishes guidelines for nutrient management plans, fertilizer application, and stormwater management.

Section 5: Best Management Practices

This section provides an overview of the best management practices (BMPs) required or recommended for various activities and land uses to minimize nutrient pollution¹¹. BMPs may include riparian buffers, cover crops, constructed wetlands, and green infrastructure.

Section 6: Compliance and Enforcement

The compliance and enforcement section details the DNREC's authority to inspect facilities, review records, and take enforcement actions against violators of the strategy. It also outlines the penalties for non-compliance, which may include fines, permit revocation, or criminal charges in severe cases¹².

When engaging in projects within the Delaware Inland Bays watershed, it is essential to review the specific requirements applicable to your activities and consult with the DNREC for guidance on compliance and permitting¹³.

COMPLIANCE REQUIREMENTS & STANDARDS

Regulatory Standards & Limitations

The Delaware Inland Bays Pollution Control Strategy establishes various standards and limitations to protect water quality and ecosystem health in the Inland Bays watershed. These include nutrient load limits for nitrogen and phosphorus, performance standards for stormwater management and erosion control, and other relevant metrics.¹⁴ The strategy is implemented through a combination of permits, best management practices, and other regulatory tools, and is enforced by the Delaware Department of Natural Resources and Environmental Control (DNREC) in collaboration with other state and local agencies.¹⁵

Monitoring, Reporting & Recordkeeping Obligations

Regulated entities under the Delaware Inland Bays Pollution Control Strategy are subject to various monitoring, reporting, and recordkeeping requirements to ensure compliance with the established standards and limitations. These may include regular sampling and analysis of discharges, maintain accurate records of nutrient management activities, and submit periodic reports to DNREC.¹⁶ Developers and consultants should work closely with DNREC and other relevant agencies to understand and fulfill the specific monitoring, reporting, and recordkeeping obligations that apply to their projects, as these requirements may vary depending on the nature and scope of the activities involved.¹⁷

Enforcement Actions & Penalties

Violations of the Delaware Inland Bays Pollution Control Strategy may result in various enforcement actions by DNREC and other relevant agencies, including notices of violation, administrative orders, and civil and criminal penalties.¹⁸ The specific enforcement provisions and penalty structures may vary depending on the nature and severity of the violation, as well as other factors such as the violator's compliance history and cooperativeness in resolving the issue.¹⁹ To avoid enforcement actions and ensure smooth project implementation, it is crucial for developers and consultants to prioritize proactive compliance and early engagement with the relevant agencies. Readers are encouraged to consult the full text of the regulation and work closely with DNREC and other agencies to understand the specific enforcement and penalty provisions that may apply to their projects.²⁰

ADDITIONAL RESOURCES

Recent Developments & Regulatory Outlook

The Delaware Inland Bays Pollution Control Strategy has undergone several significant updates and amendments in recent years. One of the most notable developments was the inclusion of the Inland Bays Pollution Control Strategy in the Delaware Administrative Code, which took effect on January 11, 2014.²¹ This codification has strengthened the enforceability of the strategy and has provided a clearer framework for compliance.

Another important development was the release of the updated Inland Bays Pollution Control Strategy by the Delaware Department of Natural Resources and Environmental Control (DNREC) in 2019. This update included revised nutrient reduction targets, new best management practices, and enhanced monitoring and reporting requirements. The 2019 update has had a significant impact on the regulated community, particularly developers and environmental consultants working on projects within the Inland Bays watershed.

Looking ahead, stakeholders should be aware of ongoing discussions regarding potential amendments to the Inland Bays Pollution Control Strategy. DNREC has indicated that it may consider revising the strategy's nutrient reduction targets and expanding its scope to include additional pollutants of concern. To stay informed about these developments, interested parties should regularly monitor the DNREC website, sign up for relevant mailing lists, and engage with industry associations such as the Delaware Association of Environmental Professionals.

Additional Resources

Delaware Inland Bays Pollution Control Strategy Full Text: The official text of the regulation, as codified in the Delaware Administrative Code.