2018 Delaware Code
Title 7 - Conservation
CHAPTER 40. EROSION AND SEDIMENTATION CONTROL
§ 4007. Local sediment and stormwater programs.
(a) Pursuant to regulations promulgated by the Department, each conservation district, county, municipality or state agency may adopt, and submit to the Department for approval, 1 or more components of a sediment and stormwater program for the area within its jurisdiction.
(b) Requests for delegation of program elements shall be submitted within 6 months of the promulgation of state regulations, and by January 1 of subsequent years if delegation is desired at a future date. The Secretary shall grant or deny such a request on or before April 1 of the year for which delegation is sought.
(c) Delegation, once applied for, shall become effective on July 1 and shall not exceed 5 years, at which time delegation renewal is required.
(d) A district, county, municipality or state agency may develop the program in cooperation with any other governmental subdivisions.
(e) Initial consideration regarding delegation of program elements shall be given to the conservation districts, since the conservation districts, having unique capabilities and areawide responsibilities, are in an ideal position to coordinate and implement local sediment and stormwater programs.
61 Del. Laws, c. 522, § 1; 67 Del. Laws, c. 234, § 1; 81 Del. Laws, c. 316, § 4.
