DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL

Division of Watershed Stewardship

Statutory Authority: 7 Delaware Code, Sections 6010 (7 Del.C. §6010)

GENERAL NOTICE

General Permit Authorization for Discharges from Construction Activities Under the National Pollutant Discharge Elimination System and the Laws of the State of Delaware

1. TITLE OF PERMIT:

NPDES Permit Number DE 0051268 "General Permit Authorization for Discharges from Construction Activities Under the National Pollutant Discharge Elimination System and the Laws of the State of Delaware", also referenced as the Delaware Construction General Permit (Delaware CGP).

2. BRIEF SYNOPSIS OF THE SUBJECT, SUBSTANCE AND ISSUES:

The Delaware Construction General Permit (CGP) under the National Pollutant Discharge Elimination System (NPDES) program is being converted from a permit by regulation, which currently falls under 7 DE Admin. Code 7201 subsection 9.2 to a stand-alone general permit authorizing discharges from construction. The Delaware CGP and revisions to 7 DE Admin. Code 7201 subsection 9.2 were public noticed concurrently on November 1, 2020 and a concurrent public hearing conducted on December 1, 2020, with comments received until December 16, 2020. All comments received have been considered in the Delaware CGP and 7 DE Admin. Code 7201 subsection 9.2. The effective date of the Delaware CGP will be concurrent with the effective date of proposed revisions to 7 DE Admin. Code 7201 subsection 9.2, March 11, 2021. A CGP fact sheet to assist permittees in their understanding of the permit and provide a synopsis of comments received and responses is provided as well.

3. POSSIBLE TERMS OF THE AGENCY ACTION:

The Delaware CGP expires five years from the effective date of the permit at which time the permit must be re-authorized.

4. STATUTORY BASIS OR LEGAL AUTHORITY TO ACT:

7 Del.C. §6010

40 CFR §123.1

5. OTHER REGULATIONS THAT MAY BE AFFECTED BY THE PROPOSAL:

None

NPDES Construction General Permit

http://regulations.delaware.gov/register/march2021/general/NPDES Construction General Permit.pdf

NPDES Construction General Permit (CGP) Fact Sheet

http://regulations.delaware.gov/register/march2021/general/NPDES Construction General Permit Fact Sheet.pdf