DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL

Office of the Secretary

Statutory Authority: 7 Delaware Code, Chapter 70 (7 Del.C. Chp. 70)

FINAL

ORDER

Coastal Zone Regulations

SUMMARY OF EVIDENCE

was lengthy and thorough enough that no hidden agendas or surprise areas appear to remain. The

regulations meet the major objectives of all parties. They are a delicately balanced compromise agreement and are extremely fragile. The regulations should be adopted as proposed.

The Board does not agree at this time with Mr. Patrick’s suggested change to Section C (12) defining Public Sewer Treatment Plants. The concerns addressed to the Board by both gentlemen regarding POTWs are speculative. While the Board is concerned that sewer systems have problems, especially in Kent and Sussex Counties, the Board hopes the Secretary of DNREC will make every effort to implement administrative policies to protect against excessive delay or unreasonable cost. If not, an appeal may be made to the Board. The comments regarding the regulation of POTWs have not been supported by sufficient evidence at present to convince the Board that the proposed regulations will result in an adverse impact to the Coastal Zone. The Pfisteria problem is being concurrently studied. The inconvenience or additional cost of regulation is not a justifiable reason to exempt an activity or facility from the Coastal Zone Act and its permitting requirements, especially if administrative remedies are yet available.

FINDINGS OF FACT

STATE COASTAL ZONE INDUSTRIAL CONTROL BOARD

Christine M. Waisanen, Chairwoman

George Collins

R. Jefferson Reed

David Ryan

J. Paul Bell

Victor Singer

Darrell Minott

Donald J. Verrico

John Allen, Sr.

Regulations Governing Delaware’s Coastal Zone

Prepared by

The Delaware Department of Natural Resources and Environmental Control

for

The Coastal Zone Industrial Control Board

May 11, 1999

Table of Contents

*Please note that due to space constraints the table of contents is not being reprinted here. The table of contents is available from the Department of Natural Resources and Environmental Control or the Registrar.

Preamble

Appendix A

Map of the Coastal Zone

*Please contact the Department of Natural Resources and Environmental Control for a copy of this document.

Appendix B

Footprints of Nonconforming Uses

*Please contact the Department of Natural Resources and Environmental Control for a copy of this document.

Appendix C

DNREC Guidance For Implementation and Interpretation of the Regulations Governing Delaware’s Coastal Zone

Appendix D

Permitting Flow chart

*Please contact the Department of Natural Resources and Environmental Control for a copy of this document.

Appendix E

Delaware’s Coastal Zone Act

*Please contact the Department of Natural Resources and Environmental Control for a copy of this document.

2 DE Reg. 2133 (05/01/99) (Final)