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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsOctober 2014

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7 DE Admin. Code 7408
Under the authority vested in the Secretary of the Department of Natural Resources and Environmental Control ("Department" or "DNREC") under 29 Del.C. §8001 et seq., 29 Del.C. §10111 et seq. and 7 Del.C. §6010(a), the following findings, reasons and conclusions are entered as an Order of the Secretary to amend the regulation, 7 DE Admin. Code 7408, Total Maximum Daily Loads (TMDLs) for the Murderkill River Watershed (Regulation 7408). The attached Hearing Officer's Report (Report) reviews the record and recommends approval of the proposed amendment. The Report is adopted to the extent it is consistent with this Order.
5. The Department's proposed amendment to Regulation 7408, as published in the April 1, 2014, Delaware Register of Regulations, and as set forth in Appendix A to the Report, are adequately supported, not arbitrary or capricious, are consistent with the applicable laws and regulations, and should be approved as a final regulation to go into effect ten days after their publication in the next available issue of the Delaware Register of Regulations; and that;
7408 TMDLs for Nutrients for the Murderkill River Watershed
1.4 DNREC listed the Murderkill River and several of its tributaries and ponds on the Delaware’s 1996, 1998, and 2000 303(d) Lists and proposes the following developed and promulgated a Total Maximum Daily Load regulation for nitrogen, phosphorous, and 5-day Carbonaceous Biochemical Oxygen Demand (CBOD5) in 2005.
Article 1. The total nitrogen waste load from the Kent County Facility and Canterbury Crossing Mobile Home Park shall be limited to 755.3 897 pounds per day. The waste load allocation for the Kent County Facility will be 751 pounds per day and for Canterbury Crossing Mobile Home Park will be 4.3 pounds per day. This load shall be expressed as annual average load in the National Pollutant Discharge Elimination System (NPDES) Permit for this facility.
Article 2. The total phosphorus waste load from the Kent County Facility and Canterbury Crossing Mobile Home Park shall be limited to 62.7 51 pounds per day. The waste load allocation for the Kent County Facility will be 62.5 pounds per day and for Canterbury Crossing Mobile Home Park will be 0.2 pounds per day. This load shall be expressed as annual average load in the NPDES Permit for this facility.
Article 3. The CBOD5 (5-day Carbonaceous Biochemical Oxygen Demand) waste load from the Kent County Facility and Canterbury Crossing Mobile Home Park shall be limited to 1010.6 544 pounds per day. The waste load allocation for Kent County Facility will be 1001 pounds per day and for Canterbury Crossing Mobile Home Park will be 9.6 pounds per day.
Article 4. Treated wastewater from the City of Harrington wastewater treatment facility shall be used for spray irrigation. However, during the winter season, as well as during wet weather periods, when spray irrigation of treated wastewater is not practical, the effluent may be discharged into Browns Branch. During periods of surface discharge, the maximum discharge flow rate shall not exceed 750,000 gallons per day and daily waste loads shall not exceed 140 pounds per day for total nitrogen, 0.75 pounds per day for total phosphorus, and 37.5 pounds per day for CBOD5. Furthermore, the total annual waste load discharged from the City of Harrington wastewater treatment facility to the surface waters of Browns Branch shall not exceed 9125 pounds per year for total nitrogen, 55 pounds per year for total phosphorus, and 3000 pounds per year for CBOD5.
Article 54. The nonpoint source nitrogen load in the entire watershed shall be reduced by 30 percent (from the 1997 2007-2008 base-line). This shall result in a yearly-average total nitrogen load of 560 972.6 pounds per day.
Article 65. The nonpoint source phosphorus load in the entire watershed shall be reduced by 50 percent (from the 1997 2007-2008 base-line). This shall result in a yearly-average total phosphorous load of 96 12.1 pounds per day.
Article 76. Based upon hydrodynamic and water quality model runs and assuming implementation of reductions identified by Articles 1 through 65, DNREC has determined that, with an adequate margin of safety, water quality standards and nutrient targets will be met in the Murderkill River and its tributaries and ponds.
Article 8. Implementation of this TMDL Regulation shall be achieved through development and implementation of a Pollution Control Strategy. The Strategy will be developed by DNREC in concert with the Murderkill River Tributary Action Team, other stakeholders, and the public.
Last Updated: December 31 1969 19:00:00.
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