2018 Delaware Code
Title 7 - Conservation
CHAPTER 40. EROSION AND SEDIMENTATION CONTROL
§ 4017. Redevelopment criteria [Effective until June 1, 2019, but see 81 Del. Laws, c. 316, § 7].

(a)(1) Offset provisions. — The Department may require an offset as an alternative to full or partial compliance with the resource protection event requirements as provided in subsection (e) of this section and § 4006(d)(1)a. of this title.

(2) Offset requirements are subject to departmental review and approval and to the public notice requirements of § 6004 of this title.

(3) The Department may develop and publish procedures for determining offset options in a technical document supplement to this section.

(b) Standard plans. —

(1) The Department may develop criteria for standard plans when a detailed plan is deemed not necessary. Project types that may qualify for a standard plan include, individual parcel construction or improvements, tax ditch maintenance, minor linear disturbances, stormwater facility maintenance, agricultural structure construction, or other activities approved by the Department.

(2) All standard plans must contain standard conditions for construction site stormwater management and may contain standard conditions for post construction stormwater management.

(3) The inclusion of an activity in the standard plan classification does not exclude that activity from the requirements of this chapter. Rather, the standard plan precludes that activity from the necessity of a detailed plan review for a qualifying project.

(4) Failure to implement control practices under conditions included in the standard plan may necessitate appropriate enforcement action under this chapter.

(5) A detailed plan may be required for a site that would otherwise meet standard plan criteria as deemed appropriate by the Department or delegated agency on a case-by-case basis.

(c) The Department recognizes the benefits of redevelopment. The requirements under this section are intended to encourage redevelopment while establishing compliance criteria that meet the overall goals and intent of this chapter.

(d) In the case of development of a contaminated or brownfield site, a remediation plan approved by the Department will meet the stormwater management goals and the intent of these regulations with prior consent and subsequent approval by the Department. Compliance with the resource protection event criteria under § 4006(d)(1)a. of this title must be accomplished to the maximum extent practicable for development of a contaminated or brownfield site in instances where the Site Investigation and Remediation Section (SIRS) does not apply infiltration restrictions.

(1) Redevelopment of a contaminated or brownfield site resulting in a reduction of impervious surface where no known drainage issues exist or will be created must be considered in compliance with this section.

(2) Redevelopment of a contaminated or brownfield site resulting in an increase in impervious surface where no known drainage issues exist or will be created must employ runoff reduction practices to achieve compliance with the RPv with a 30% reduction in the required volume of runoff to be treated.

(e) Compliance with the resource protection event criteria under § 4006(d)(1)a. of this title must be accomplished to the maximum extent practicable for redevelopment projects through one of the following:

(1) Redevelopment resulting in less than 1 acre of disturbed area must adhere to subsection (b) of this section. Projects that cannot adhere to subsection (b) of this section must comply with paragraph of (e)(2) or (e)(3) of this section, as applicable.

(2) Redevelopment on sites with stormwater management systems designed and functioning in accordance with the Delaware Sediment and Stormwater Regulations first promulgated on January 23, 1991:

a. Redevelopment resulting in a reduction of impervious surface where no known drainage issues exist or will be created and there are no outstanding stormwater-related maintenance issues to be resolved or addressed must be considered in compliance with this section.

b. Redevelopment resulting in an increase in impervious surface where no known drainage issues exist or will be created must employ runoff reduction practices to achieve an equivalent open space in good condition for the increased impervious surface.

(3) Redevelopment on sites without stormwater management systems designed and functioning in accordance with the Delaware Sediment and Stormwater Regulations first promulgated on January 23, 1991:

a. Redevelopment resulting in a reduction of 15% or greater in impervious surface must be considered in compliance with these Regulations.

b. Redevelopment resulting in a reduction of less than 15% impervious surface where no known drainage issues exist or will be created must employ runoff reduction practices to achieve an equivalent 15% reduction in effective imperviousness.

c. Redevelopment resulting in an increase in impervious surface shall employ runoff reduction practices to achieve an equivalent 15% reduction in effective imperviousness for existing impervious areas and an equivalent open space in good condition for an area equivalent to the increase in impervious surface.

(f) If the minimum runoff reduction requirements are not met, an offset under subsection (a) of this section must be provided for the portion of the RPv that does not meet the minimum runoff reduction requirements under § 4006(d)(1)a., of this title.

(1) Any redevelopment project that increases the rate, volume, or duration of flow to a new or existing point of discharge during the conveyance event must be managed in accordance with reference BMP's, exclusive of volume requirements.

(2) Any redevelopment project that increases the rate, volume, or duration of flow to a new or existing point of discharge during the Flooding Event must comply be managed in accordance with reference BMP's, exclusive of volume requirements.

81 Del. Laws, c. 316, § 5.