2018 Delaware Code
Title 7 - Conservation
CHAPTER 40. EROSION AND SEDIMENTATION CONTROL
§ 4002. Definitions [Effective June 1, 2019, but see 81 Del. Laws, c. 316, § 7].
The following words, terms, and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
(1) "Agricultural structure" means a structure, which is located on a farm, used exclusively in connection with producing, harvesting, storing, drying, or raising agricultural commodities, including the raising of livestock. "Agricultural structure" does not include structures used for human habitation, public use, or a place of employment where agricultural products are processed, treated, or packaged.
(2) "Certified construction reviewer" means an individual who has passed a departmental sponsored or approved training course and who provides on-site construction review for sediment control and stormwater management in accordance with regulations promulgated under this chapter.
(3) "Designated watershed or subwatershed" means a watershed or subwatershed proposed by a conservation district, county, municipality or state agency and approved by the Department. The Department may establish additional requirements due to existing water quantity or water quality problems. These requirements shall be implemented on an overall watershed or subwatershed master plan developed for water quality and/or water quantity protection.
(4) "Land disturbing activity" or "land disturbance" means any land change or construction activity for residential, commercial, industrial, or institutional land use which may result in soil erosion from water or wind or movement of sediments or pollutants into state waters or onto lands in the State, or which may result in accelerated stormwater runoff, including clearing, grading, excavating, transporting, and filling of land. This paragraph does not apply to commercial forestry practices.
(5) "Person" means any state or federal agency, individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission board, public or private institution, utility, cooperative, municipality or other political subdivision of this State, any interstate body, or any other legal entity.
(6) "Responsible personnel" means any foreperson or superintendent who is in charge of on-site clearing and land disturbing activities for sediment and stormwater control associated with a construction project.
(7) "Sediment and stormwater management plan" or "plan" means a plan for the control of soil erosion, sedimentation, stormwater quantity and water quality impacts which may result from any land disturbing activity.
(8) "Standard plan" means a set of predefined standards or specification for minor land disturbing activities that preclude the need for the preparation of a detailed sediment and stormwater management plan under specific conditions established by regulation by the Department under this chapter.
(9) "State waters" means any and all waters, public or private, on the surface of the earth which are contained within, flow through or border upon the State or any portion thereof.
(10) "Stormwater" means the runoff of water from the surface of the land resulting from any form of precipitation and including snow or ice melt.
(11) "Stormwater management" means:
a. For water quantity control, a system of vegetative, structural, and other measures that controls the volume and rate of stormwater runoff which may be caused by land disturbing activities or activities upon the land; and
b. For water quality control, a system of vegetative structural, and other measures that controls adverse effects on water quality that may be caused by land disturbing activities or activities upon the land.
(12) "Stormwater utility" means the establishment of an administrative organization that has been created for the purposes of funding sediment control, stormwater management or flood control planning, design, construction, maintenance, and overall resource needs by authorized and imposed charges.
61 Del. Laws, c. 522, § 1; 67 Del. Laws, c. 234, § 1; 69 Del. Laws, c. 350, §§ 1, 2; 70 Del. Laws, c. 186, § 1; 80 Del. Laws, c. 274, § 1; 81 Del. Laws, c. 316, §§ 1, 7.
