The Department of Natural Resources and Environmental Control, Division of Water, hereby gives notice of the following proposal regarding National Pollutant Discharge Elimination System (NPDES) permits:

Claymont Properties, LLC has applied for reissuance of their NPDES Permit No. DE0051021 (State Permit Number WPCC 3078D/90) to discharge storm water runoff from their facility located at 4001 Philadelphia Pike, Claymont, New Castle County, Delaware to the Delaware River. The 420-acre site is the former location of a steel manufacturing plant that had been in operation under various names since approximately 1917. Steel manufacturing operations at the property were shut down in late 2013 and the facility has been demolished. Due to historical contamination at the site, the property owners entered the site into the Voluntary Cleanup Program (VCP) administered by the State of Delaware Department of Natural Resources and Environmental Control (DNREC) Waste and Hazardous Substances (WHS) Remediation Section (RS). The site was divided into seven (7) Operable Units based on contaminants of concern and the remedial actions necessary to rehabilitate the site for future re-use. Remedial actions have been completed for five (5) of the seven (7) Operable Units. Remedial actions at the two (2) remaining Operable Units are ongoing which involve capping, filling, and grading the site for intended future use. A commuter rail train station is under construction at the site. Within the next decade, the 251 acres of land surrounding the new station is proposed to house mixed-use development, with office buildings, industrial buildings, retail buildings, 1,207 homes, and a park along the Delaware River.

One (1) outfall (Outfall 001) exists at the site consisting of storm water that collects in the former cooling water recirculation/sedimentation pond (OU-4) and discharges to the Delaware River. Filling and re-grading of the site has rendered the former storm water Outfall Nos. 002, 003, and 004 inactive. Storm water in these areas now infiltrates into the ground and no discernable point source outfalls exist.

Based on a preliminary staff review and application of lawful standards and regulations, the Department proposes to re-issue this permit, subject to certain effluent limitations and conditions. The proposed determinations are tentative. Persons wishing to comment upon or object to the proposed determinations are invited to submit same in writing to the Surface Water Discharges Section of the Division of Water, at the address listed below, no later than 30 days from this notice. All comments received prior to said date will be considered in the formulation of final determinations regarding this application.

A public hearing on the above will NOT be held unless the Secretary of DNREC receives a request by 4:30 pm April 7, 2023, or if the Secretary determines that a public hearing is in the public interest. A request for a hearing shall be in writing and shall state the nature of the issues to be raised at the hearing. It must also show familiarity with the proposal and a reasoned statement of the permit’s probable impact.

The applications, fact sheets, and permits are available for inspection or copies may be obtained by contacting:

DNREC Div. of Water
Commercial and Government Services Section
89 Kings Highway, Dover, DE 19901
(302) 739-9946

Related Topics:  NPDES, permit renewal, permitting and regulation, public notice, stormwater, water