Skip to Page Content
Delaware.gov  |  Text OnlyGovernor | General Assembly | Courts | Elected Officials | State Agencies
 Photo: Featured Delaware Photo
 
 
 Phone Numbers Mobile Help Size Print Email

Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsMay 2016

Table of Contents Previous Next

Regulatory Flexibility Act Form

Authenticated PDF Version

7 DE Admin. Code 7402
7402 Shellfish Sanitation Regulations
The current classification of the shellfish growing area is Seasonally Approved (December 1st through April 15th) but due to new US Food and Drug Administration Federal Guidance for prohibited zones around wastewater treatment plants, this area is now being classified as prohibited to the harvest of shellfish. Shellfish for the purpose of this regulation are defined as clams, oysters and mussels.
7 Delaware Administrative Code 7402 Shellfish Sanitation Regulations
The hearing record on the proposed changes to 7402 Shellfish Sanitation Regulations will be open May 1, 2016. Individuals may submit written comments regarding the proposed changes via e-mail to Lisa.Vest@state.de.us or via the USPS to Lisa Vest, Hearing Officer, DNREC, 89 Kings Highway, Dover, DE 19901 (302) 739-9042. A public hearing on the proposed amendment will be held on June 2, 2016 beginning at 6:00 pm in the DNREC Auditorium, located at the Richardson & Robbins Building, 89 Kings Highway, Dover, DE 19901.
The purpose of these Regulations is to ensure that the shellfish harvested for any purpose from Delaware waters, and shellfish shipped to Delaware from beyond its borders, are fit for human consumption - to protect the public health and safety. This "strategic theme" of Delaware's Shellfish Program is proscribed in the Environmental Partnership Agreement between Delaware's Department of Natural Resources and Environmental Control and the U.S. Environmental Protection Agency, Region III. Under this Agreement, key environmental problems and priorities are identified, and key goals established to address them. By protecting the health and safety of shellfish consumers, these Regulations also serve to promote and enhance Delaware's multi-million-dollar shellfish industry, protect the interests of recreational shellfish harvesters, keep as much shellfish ground open to harvesting as environmental conditions allow, and to broadly advocate clean water.
Approved HACCP Plan (see HACCP): An operational plan mandated by Federal law, effective as of December 18, 1997, and defined in the Federal Register in the "Procedures For the Safe and Sanitary Processing and Importation Of Fish and Fishery Products; Final Rule." which includes Part 123: "Fish and Fishery Products Hazards and Controls Guide," and which is approved by DNREC.
Approved HACCP Training Course: A course approved by DNREC in the instruction of HACCP concepts and operational specifications, mandated by Federal law, effective as of December 18, 1997, and defined in the Federal Register in the "Procedures For the Safe and Sanitary Processing and Importation Of Fish and Fishery Products; Final Rule." which includes Part 123: "Fish and Fishery Products Hazards and Controls Guide."
Approved Depuration Process: The process of reducing bacteria and virus levels to acceptable levels in live shellfish by subjecting them to a strictly controlled aquatic environment, as performed only by a certified depuration processor.
Approved Relaying Operation: The harvesting of shellfish from waters classified as other-than-Approved; however not Prohibited, and their subsequent transference to natural bottom, or in approved containers, to Approved shellfish growing areas; however only with written permission of DNREC.
Approved Source of Shellfish: Shellfish meeting all criteria in these Regulations, including the following:
Shellfish which have been handled by certified interstate Shellfish Dealer/Processors whose names appear on the Interstate Shellfish Shippers Certified List;2 OR shellfish harvested from Delaware waters which have been handled by certified Delaware Intrastate Shellfish Dealer/Processors, and which are available for retail sale to the final customer only in Delaware.1
Back Flow/Back Siphonage: Water intended as a potable source; however carrying, or potentially carrying poisonous and/or deleterious substances, because this water flows in the opposite direction of the intended flow due to negative pressure in the potable water supply system.
Business: A shellfish-related business, entity, person, or persons.
Buy Boat/Buy Truck: A boat/truck which is used for the purchasing/shipment of shellfish in the capacity of a certified shellfish dealer/processor.
Certification: The issuance of a numbered license or permit to operate as an intrastate or interstate shellfish dealer/processor.
Certification Number: A number assigned to each certified shellfish dealer/processor by DNREC. The number shall be proceeded by the letters "DE" to indicate Delaware, and followed by a two letter symbols designating the type of operation.
Certified Shellfish Dealer/Processor: A person, persons, or business (including buildings, trucks, boats, and other equipment) which engage in one or more of the following: the sale, shucking, packing, repacking, shipping, reshipping, depurating, freezing, or other handling of shellfish on an interstate and/or intrastate basis, as follows:
Interstate Shellfish Dealer/Processor: A certified shellfish dealer/processor permitted to engage in the shellfish trade across state and international borders.
Intrastate Shellfish Dealer/Processor: A certified shellfish dealer/processor permitted to engage in the shellfish trade only within Delaware. This certification is not recognized outside of Delaware.
Commingling: The act of combining different lots of shucked or unshucked shellfish.
Cross Connection: A potable water supply line constructed to allow either back siphonage, or the attachment of a supply line extension which would allow back siphonage.
DNREC: The Delaware Department of Natural Resources and Environmental Control.
Depuration Plant: A plant certified by the State Shellfish Control Authority as a depuration processor.
Depuration Processor (DP): A shellfish dealer/processor which receives or harvests shellstock from approved sources; OR shellfish from waters classified as Seasonally Approved, Conditionally Approved, or Restricted, and which subjects this shellfish to an approved depuration process thereby rendering the shellfish as approved and fit for human consumption; however only as approved by DNREC.
Depuration Process Specifications: The controlled conditions (physical and operational specifications) by which shellfish are subjected to a strictly controlled aquatic environment as a means of reducing the levels of bacteria and viruses in live shellfish to acceptable levels, as approved by DNREC.
Depuration Unit: A tank, trough, or similar vessel in which live shellfish are stored temporarily, and subjected to depuration.
Dry storage: The storage of shellstock out of water.
EPA: The United States Environmental Protection Agency.
FDA: The United States Food and Drug Administration.
Food Contact Surface: Those surfaces of equipment and utensils which normally come in contact with food, and those surfaces from which food may drain, drip, or splash back onto surfaces normally in contact with food.
Food-Product Zone: The parts of food equipment, including ancillary structures, such as blower pipes and drain valves, which may contact the food being processed, or may drain into the portion of equipment with which food is in contact.
HACCP (Hazard Analysis Critical Control Points): A method of conducting sanitation assessments of shellfish/seafood dealer/processors, mandated by Federal law, effective as of December 18, 1997, and defined in the Federal Register as the "Procedures For the Safe and Sanitary Processing and Importation Of Fish and Fishery Products; Final Rule." which includes Part 123: "Fish and Fishery Products Hazards and Controls Guide."
Harvester Tag: A tag required to be affixed by a commercial shellfish harvester to an individual unit of shellfish, and meeting specifications contained in Appendix-10.
Harvest Lot: Shellfish harvested from one shellfish growing area during a single harvesting operation by a single shellfish harvester (for example: a harvester's daily take from a single growing area).
Internal Temperature: The actual temperature of shucked shellfish in the container (not necessarily the air temperature of the refrigerator in which the product may be stored).
Intrastate Shellfish Retailer: A shellfish dealer/processor which sells shellfish only in Delaware.
Marine Head: A toilet or other human waste catchment device with retention and/or discharge capability. A marine head may or may not be an MSD. MSD is the term for a Coast Guard approved marine head. See Appendix-11 for a more detailed definition.
National Shellfish Sanitation Program (NSSP): The cooperative State-FDA-Industry Program for certification of foreign and domestic interstate shellfish dealer/processors as described in the “NSSP Model Ordinance."
Person: A person as defined in Title 1, Chapter 3, Section 302, Delaware Annotated Code.
Poisonous or Deleterious Substance: A toxic compound occurring naturally, or which is artificially introduced.
Polluted Waters: Waters which contain human pathogenic organisms and/or indicator organisms and/or other poisonous/deleterious substances at actual or theoretical levels which are determined to render the shellfish growing in the waters unfit for human consumption.
Process Lot: A harvest lot or lots from the same shellfish growing area which are subject to processing.
Process Water: The water in depuration tanks when shellfish are present.
Relay Lot: All shellfish harvested from a single shellfish growing area and transported to another shellfish growing area for natural biological purification.
Relay Operator: A person/business permitted/certified to engage in relaying.
Repacker (RP): A shellfish dealer/processor, other than the original certified shucker-packer, which repacks and ships shucked shellfish into containers other than the original container.
Sanitary Survey: The collection of valid dilution formula loading factors, all elements of a wet slip basin classification survey, and the evaluation of all other actual and potential pollution sources and environmental factors having a bearing on shellfish growing area water quality.
Sewage: Human body wastes and/or other wastes from toilets and other receptacles intended to receive and discharge and/or retain such wastes.
Shellfish: All edible species of oysters, clams, mussels and scallops* either shucked or in the shell, fresh or frozen, whole or in part. The term "shellfish" may be used interchangeably with "shellstock" unless otherwise specified in these Regulations. Some of the common bivalves included in this definition are:
Common Name Scientific Name
Shellfish Growing Areas (Waters): Naturally-occurring subaqueous or intertidal areas which support or could support live shellfish.
Shellfish Growing Area Classification: A designation which reflects the suitability of an area for shellfish harvesting relating to the fitness of the shellfish therein for human consumption. The following are the classifications that Delaware may use:
Approved" Shellfish Growing Area: An area approved for the harvesting of shellfish for any human food purposes with no seasonal restrictions or conditions.
Seasonally Approved" Shellfish Growing Area: An area where the harvesting of shellfish is allowed conditionally, as per a specified season.
Conditionally Approved" Shellfish Growing Area: An area where the harvesting of shellfish is allowed based on one or more specified conditions.
Prohibited" Shellfish Growing Area: An area where the taking of shellfish is prohibited, except for scientific research purposes with written permission of DNREC.
Shellfish Handling: Any manual, mechanical, chemical manipulation or alteration of shellfish relating to its growing, harvesting, buying, treating, packing, selling, shipping, or other processing.
Shellfish Handler: Any person, persons, or business engaged in the growing, harvesting, buying, treating, packing, selling, shipping or other processing of shellfish.
Shellfish Harvester (Catcher, Taker, Tonger, etc.): A person who removes shellfish from any waters by any means for any purpose.
Shellfish Harvesting (Catching, Taking, Tonging, Raking, etc.): The removal of shellfish by any means from a shellfish growing area for any purpose.
Shellfish Processing: The process undertaken when shellfish are shipped, reshipped, shucked, frozen, packed, repacked, depurated, or otherwise handled.
Shellstock: Shellfish in the shell.
Shellstock-Shipper (SS): A shellfish dealer/processor which grows, and/or harvests, and/or buys, and sells/ships shellstock.
Shellstock Shipper Tag: A tag required to be affixed by a shellstock shipper, repacker, or shucker-packer, to an individual unit of shellfish (as defined in these Regulations), and meeting specifications contained in Appendix 10.
Shucked Shellfish: Shellfish, whole or in part, from which one or both shells have been removed.
Shucker-Packer (SP): A shellfish dealer/processor which shucks and packs shellfish, and may also act as a SS or RS.
State Shellfish Control Authority (SSCA): The State agency or agencies having legal authority to classify shellfish growing areas and issue permits for the interstate shipment of shellfish in accordance with the provisions of the "NSSP Model Ordinance." Foreign shellfish control authorities having effective agreements with the FDA are considered State Shellfish Control Authorities for the purposes of these Regulations. DNREC is the State Shellfish Control Authority for Delaware.
Transaction Record: Forms used to document each purchase or sale of shellfish at the wholesale level.
Wet Storage: The temporary storage of shellfish intended for marketing in containers or floats in natural bodies of water or in tanks containing natural or synthetic seawater.
Wet Slip: A place in the water where a boat may be docked or otherwise moored to a fixed or floating structure, including but not limited to a dock, pier, mooring or anchorage.
Wet Slip Basin: A natural waterway and/or artificial lagoon and/or demarcated portions thereof containing more than ten wet slips.
3.1.1 DNREC Authority: These Regulations are adopted under authority of Title 7 of the Delaware Annotated Code. These Regulations shall be applied and enforced by DNREC in accordance with the specifications contained herein, and based on the interpretation of satisfactory compliance contained in the latest editions of the "NSSP Model Ordinance." Any person who neglects or fails to comply with any provision of these Regulations shall be subject to penalty.
4.4.9.1 Plumbing shall be installed in compliance with all the BOCA Southern Plumbing Code and local plumbing codes.
4.4.14.3.1 Shucked shellfish shall be cooled to an internal temperature of 45oF or less within 2 hours after packing. Further cooling to a temperature not exceeding 40oF is recommended.
4.4.14.3.2 Shellfish which will not be packed within 1 hour after delivery to the packing room shall be cooled to an internal temperature of 45oF or less within 2 hours, and in all cases shellfish shall be cooled to an internal temperature of 45oF or less within four hours of commencing processing of said shellfish.
4.4.14.3.3 Flume water shall be maintained at 50oF or less during processing operations.
4.4.14.3.4 A temperature of 0oF or less shall be maintained in the frozen-storage rooms.
4.4.14.4 Packing: The temperature of shellfish shall not exceed 50oF during the repacking process. Frozen shellfish shall not be thawed during repacking. Shucked Shellfish Intended For Repacking: Shucked shellfish that is to be repacked by the receiver shall be received at the repacking plant in approved shipping containers at a temperature of 45oF or less. Frozen shellfish which have thawed shall not be repacked or repackaged.
4.5.3.4 A minimum temperature of 50oF for oysters and hard clams and 35oF for soft clams and a maximum temperature of 68oF for hard and soft clams; and
4.6.2.2 A minimum temperature of 50oF for oysters and hard clams and 35oF for soft clams.
This list of Prohibited shellfish growing areas is recorded at the Delaware Department of Natural Resources and Environmental Control on December 20, 1995. Shellfish harvesting is prohibited in the following areas for any reason at any time:
101. Indian River Inlet and Cedar Islands. The western boundary line begins at Burton's Island, running south to a point west of the marsh which lies south of an unnamed gut south of the South Inlet Marina, thence in an easterly direction to said marsh. The eastern boundary begins one-half mile south of the Inlet running east into the Atlantic Ocean for one-half mile, thence in a northerly direction for one mile, thence in a westerly direction for one-half mile to the beach. The northern boundary (in the vicinity of Cedar Islands in Rehoboth Bay) begins at an unnamed island north of Savages Ditch running in a southeasterly direction to Burton Island. The area is marked by signs and buoys.
112. White Creek and its tributaries extending south of a line drawn in an east-west direction from the East Shore of White Creek to a point on Big Marsh on the West Shore. This area is marked by signs.
123. Indian River-proper and its tributaries and an area adjacent to Indian River-proper bounded by a line 650 feet in length in a north-south direction beginning at the eastern bank of the mouth of Emily Gut thence running from the southern terminus of said line in a westerly direction to Highgrass Point. Vines Creek and Pepper Creek-proper and their tributaries beginning at a point south of Rock Point and running in an easterly direction to Grays Point.
134. Herring Creek and its tributaries extending northwest from a line running from Burton Point in a southerly direction to Long Neck. This area is marked by signs.
145. The southwest corner of Beach Cove. This area is marked by signs.
156. The southeast corner of Beach Cove. This area is marked by signs.
167. The northeast corner of Beach Cove. This area is marked by signs
178. Love Creek - The portion of Love Creek lying in a northwesterly direction from the line formed by a point marked on shore at the southern confluence of Love Creek and Arnell Creek, thence in a southwesterly direction to a point in the marsh identified as being directly south of Boathouse Lane. This area is marked by signs.
189. Assawoman Canal. The Canal-proper is not marked. However, the adjacent waters in White Creek in Indian River Bay and Little Assawoman Bay are marked by signs.
1920. Miller Creek and its tributaries and the northern reaches of Little Assawoman Bay north of a line running in an east-west direction from Goose Point on the southern bank of Miller Creek at its mouth to an unnamed point on Fenwick Island State Park. This area is marked by signs.
201. Dirickson Creek west of a line running from Bennett Point in a southwesterly direction to Conch Point. This area is marked by signs.
212. Tubbs Cove south of a line running in an east-west direction from the shoreline north of Treasure Beach Campground to Point Of Ridge. This area is marked by signs.
223. The waters adjacent to the Town of Fenwick Island south of a line running from Old Inlet Point in a north-north-easterly direction to an unnamed point on the barrier. This area is marked by signs.
234. That portion of an unnamed bay north of the Delaware / Maryland line adjacent to the Cape Windsor Development. This area is marked by signs.
245. Roy Creek and its tributaries north-west of a line running from an unnamed point on Greys Neck north-east across several unnamed islands to a point south of Route 54. This area is marked by signs.
256. Nanticoke River and all its tributaries. This area is marked by signs.
267. The Atlantic Ocean adjacent to Indian River Inlet encompassed within a line beginning one-half mile south of the Inlet running east into the Atlantic Ocean for one-half mile, thence in a northerly direction for one mile, thence in a westerly direction for one-half mile to the beach. This area is identified by the use of signs on the shoreline, and latitudes and longitudes recorded in the Delaware Fishing Guide, and/or other maps available to the public.
278. The Atlantic Ocean within a radius of one-half mile from the South Coastal Sewage Treatment Plant outfall which is located at north latitude 38o31'34" west longitude 75o01'56".
289. All artificial lagoons. Most of these areas are unmarked.
2930. All wet slip basins. Most of these areas are unmarked.
This list of Approved shellfish growing areas is recorded at the Delaware Department of Natural Resources and Environmental Control into the public record on December 20, 1995. Shellfish harvesting is allowed in the following areas with no seasonal restriction:
This list of Seasonally Approved shellfish growing areas is recorded at the Delaware Department of Natural Resources and Environmental Control into the public record on December 20, 1995. Shellfish harvesting is allowed in the following areas in accordance with Delaware's fish and game laws from December 1 through April 15:
1. The areas north of a line drawn from the tip of White Oak Point in a southeasterly direction to a point identified as being directly west of the south submarine observation tower at Delaware Seashore State Park and south of the Lewes and Rehoboth Canal mouth, thence in an easterly direction to the south submarine observation tower. This area is marked by signs and buoys.
2. The area adjacent to West Bay Trailer Park Marina from a point north of the Marina in a southeasterly direction to a point directly north of the eastern-most point of Sally Cove Marsh and directly east of the middle Marina lagoon, thence in a southwesterly direction to a point south of the Marina. This area is marked by signs and buoys.
32. The area adjacent to the mouth of Herring Creek west of a line running from Burton Point on Angola Neck in a southeasterly direction to Nats Cove Point. This area is marked by signs and buoys.
43. Massey's Ditch and Roman T. Pond south of a line running from Bluff Point in a southeasterly direction to an unnamed point on the north bank of the unnamed island east of Massey's Ditch. This area is marked by signs.
54. The area landward of a line running from a point on the south bank of the unnamed island east of Massey's Ditch in a southerly direction to Middle Island, thence in a westerly direction to a point on the Townsend Property east of Emily Gut (the same point marking the beginning of the Prohibited area boundary line). This area is marked by signs and buoys.
65. The area south of an east-west line running from Pasture Point, to Walter Point. This area is marked by signs and buoys.
A. Artificial Lagoon: A man-made, dead-end waterway, interconnected with another waterway.
B. Average Depth: The average depth of the water at mean low water in a proscribed area.
C. Average Number of People Per Boat: The average number of people occupying each boat
D. Background: The ambient biological, chemical and/or physical conditions of a water body.
E. Best Management Practices (BMPs): Initiatives that in theory reduce the theoretical waste
F. Charter Boat: A commercial boat hired to perform services for patrons, typically for a flat fee.
G. Commercial Boat: A boat used primarily as a means of making money.
H. Dilution Formula: The following formula used to calculate the area impacted by wet slip
I. Dilution Formula Loading Factor (Loading Factor): The following components of the dilution formula are loading factors, as follows:
J. Discharge: Any actual or theoretical release of fecal material, pathogenic microorganisms, poisonous and deleterious substances. This includes the escape, disposal, spillage, leaking, pumping, emitting, pouring, dumping or emptying of such discharges.
K. Dry Stack Facility: A boating facility which stores boats on dry land, including but not limited to: dry stack facilities; boatels; valet storage; pigeon hole storage; and stackominiums. A dry stack facility may have wet slip capacity.
L. Dump Station: A mechanical and/or gravity fed connection to an approved sewage disposal facility used for the purpose of the disposal of human generated waste, such as the sewage from a porta-pottie.
M. Head Boat: A commercial boat hired to perform services for patrons, typically for a fee per patron.
N. Marina: Any water area with a structure (dock, basin, floating dock, etc.) which is utilized for docking or otherwise mooring vessels and is constructed to provide temporary or permanent docking space for more than ten boats. The definition of marina shall include all related ancillary structures and functions such as docks, piers, boat storage areas, boat ramps, anchorages, breakwaters, channels, moorings, basins, boat repair services, boat sales, sales of supplies normally associated with boating such as fuel, bait, and tackle, boat rentals, and parking areas.
O. Marine Head: A toilet or other human waste catchment device with retention and/or discharge capability. A marine head may or may not be an MSD. MSD is the term for a Coast Guard approved marine head.
1. Type I MSD: A device that produces an effluent having a fecal coliform bacteria count not greater than 1,000 per 100 milliliters and no visible floating solids.
2. Type II MSD: A device that produces an effluent having a fecal coliform bacteria count not greater than 200 per 100 milliliters and suspended solids not greater than 150 milligrams per liter.
NOTE: A marine head and holding tank capable of being discharged into receiving waters and into a pumpout unit is defined here as a Type II MSD.
3. Type III MSD: A device designed for containment of sewage within a holding tank with the capability to discharge only into a pumpout unit (Type III Coast Guard definition without a Y-valve).
4. Porta-potty: A portable, self contained sewage retention device that must be removed from the boat and dumped.
P. Occupancy Rate: The percentage of boats in a wet slip basin that are occupied during the course of a day relative to the total number of occupied slips in the wet slip basin at the time of the collection of this information.
Q. Overnight Use Boat: Any boat used for overnight habitation.
R. Potential Sewage Discharge Rate: The percentage of boats in a wet slip basin with marine heads capable of discharging sewage directly into receiving waters (This excludes only Type III MSDs, as Type III MSD is defined in this policy) relative to the total number of boats surveyed in the wet slip basin at the time of the collection of this information.
S. Pumpout Facility: A mechanical device which is temporarily connected to a boat for the purpose of removing sewage from a marine head holding tank to an approved sewage disposal facility.
T. Sewage: Human body wastes and wastes from toilets and other receptacles intended to receive and/or retain human body wastes.
U. Shellfish Growing Area Standard: The median or geometric mean of Fourteen Fecal Coliform Bacteria (FC) per 100 milliliters (ml) (or the equivalent: 3962 FC/cubic foot) of water must be maintained in shellfish growing water in order to harvest and market shellfish from that water.
V. Theoretical Waste Discharge: Theoretical waste discharge rate multiplied by two billion Fecal Coliform bacteria per person per day multiplied by the average number of people per boat multiplied by the wet slip capacity.
W. Theoretical Waste Discharge Rate (TWDR): The potential sewage discharge rate multiplied by the occupancy rate.
X. Wet Slip: A place in the water where a boat may be docked or otherwise moored to a fixed or floating structure, including but not limited to a dock, pier, mooring or anchorage.
Y. Wet Slip Basin: A natural waterway and/or artificial lagoon and/or portions thereof containing more than ten wet slips. A wet slip basin may be associated with a marina and/or with a dry stack facility.*
Z. Wet Slip Basin Classification: A determination as to the type of wet slip basin. Differentiation as to wet slip basin type based on the parameters listed reflects variation in the theoretical waste discharge. The types of wet slip basins are as follows:
1. Commercial Wet Slip Basin: A wet slip basin which has a significant number of commercial boats.
2. Overnight Use Wet Slip Basin: A wet slip basin which has a significant number of overnight use boats.
3. Residential Wet Slip Basin: A wet slip basin which has primarily non-commercial boats, most of which are less than or equal to 28' and which serves a planned residential community and/or any general residential population(s).
AA. Wet Slip Basin Classification Survey: The collection of the verified information required for classification of a wet slip basin.
AB. Wet Slip Capacity: The total number of wet slips in a wet slip basin.
AC. Work Boat: A boat used primarily for commercial purposes such as the harvesting of marine life for profit, dredging or police work, etc.
All wet slip basins located in or adjacent to shellfish growing areas shall be classified as Prohibited for the harvesting of shellfish. DNREC shall classify shellfish growing areas or portions thereof adjacent to wet slip basins as other-than-Approved as determined on a volumetric basis. The size of the shellfish growing area(s), or portions thereof classified on the basis of the presence of wet slip basins, shall correspond to the volume of water required for dilution of the theoretical waste discharge from the wet slip basins as determined by the application of dilution formula loading factors. The area required for dilution shall be determined by performing the dilution formula calculations. Dilution formula loading factors shall be collected during sanitary surveys and/or wet slip basin classification surveys. The size and configuration of the shellfish growing area(s), or portions thereof classified based on the theoretical waste discharge from wet slip basins, shall be reevaluated and if necessary adjusted on a regular basis using the best available information. When reliable mean low water depths are not available actual field measurements shall be taken as a basis for determining available dilution volume. DNREC shall determine cumulative wet slip capacity of individual wet slip basins and/or the sum of more than one wet slip basin irrespective of demarcations that may arbitrarily and/or artificially reduce, eliminate or otherwise alter the theoretical waste discharge(s) of the wet slip basin(s). Therefore, DNREC will establish wet slip basin demarcations based on, but not limited to:
a. Residential Wet Slip Basin Minimum Loading Factors (Inadequate or No BMPs Employed)
b. Residential Wet Slip Basin Minimum Loading Factors (Adequate BMPs Employed by Marina)
c. Minimum Loading Factors for Wet Slip Basins (Only the Wet Slip Capacity is Known)
NOTE: Other means utilized for the purpose of reducing theoretical waste discharge may be given consideration as BMPs on a case by case basis. Not all BMPs listed are required to be employed to allow the default to the smaller loading factors. The smaller loading factors shall be applied on a case by case basis.
1/2 circle radius = * 2,153,804 sq ft x 2
* Pi
= * 4,307,608 sq ft = * 1,371,154.2 = 1170'
* Pi
Existing Existing Existing
Proposed 1,076,902 sq ft Superimposed
Seasonally Approved area Arc (1/2 area of 1/2 circle)
slips Basins slips

1

2

3

4

Last Updated: December 31 1969 19:00:00.
site map   |   about this site   |    contact us   |    translate   |    delaware.gov