The DNREC Division of Water will hold a public hearing (Docket #2022-P-W-0008) regarding an application by Sussex County for Construction and Operations Permits for the Inland Bays Regional Wastewater Treatment Facility. Public comment period is closed.

Sussex County Council has applied for a Construction Permit for the construction of the Phase 2 upgrade and expansion project at the Inland Bays Wastewater Treatment Facility (IBWTF) and for an Operations Permit authorizing the operation of the IBWTF, disposal activities, and use of new systems.

The County currently owns, operates, and maintains the Inland Bays Wastewater Treatment Facility (IBWTF) for the treatment and disposal of domestic wastewater from the County’s service territories. The Phase 2 upgrade and expansion project proposes to increase both the treatment and disposal capacities of the IBWTF.

Construction Permit

Sussex County Council has applied for a State of Delaware Construction Permit for the Phase 2 upgrade and expansion project at the Inland Bays Wastewater Treatment Facility (IBWTF). The Phase 2 project’s scope includes increasing the facility’s treatment capacity from 2.0 million gallons per day (MGD) to 4.0 MGD by installation of new screening and grit removal systems, constructing two additional biological nutrient removal (BNR) Biolac aeration lagoons, constructing two new clarifiers, and upgrading/expanding existing pumps, blowers, biosolids, filtration, and irrigation pump systems.

The Phase 2 upgrades and expansion will also increase disposal capacity from 2.65 MGD to 6.96 MGD on an annual average basis by adding approximately 347.9 wetted acres on County-owned forested land. Treated wastewater will be pumped from the IBWTF effluent storage lagoons and distributed to spray fields with fixed-head sprinkler systems. The distribution system consists of 17,900-ft of 16′ PVC C900 distribution lines which feed 186,960-ft of 4” PVC C900 lateral lines that connect to the sprinkler heads.

In addition, the Phase 2 upgrade and expansion project includes the construction of a constructed wetland to research and demonstrate the effectiveness of wetland systems to remediate local groundwater resources, serve as an innovative alternative to treated wastewater storage, and provide an enhanced treatment disposal option.

The construction project is to be located on the north side of County Road 306, between County Road 307 and 303, Sussex County, Delaware, Sussex County Tax Map/Parcel Numbers:2-34-22-14, 234-16.00-906.00, 234-21.00-171.00, 234-16.00-28.03, 234-16.00-28.00, 234-16.00-23.00, 234-16.00-21.01.

Operations Permit

Sussex County Council is currently authorized to operate and maintain an on-site wastewater treatment and disposal system (OWTDS) known as the Inland Bays Wastewater Treatment Facility (IBWTF). The IBWTF receives and treats domestic wastewater from the County’s service territories and the facility consists of headworks with screening and grit removal systems, two Biolac aeration lagoons for biological nutrient removal (BNR), two clarifiers, biosolids handling, storage, and dewatering facilities, a chlorine contact tank for disinfection, and two effluent storage lagoons. Up to 2.65 MGD of treated wastewater is discharged to 432.5 acres of agricultural fields via eight center pivot spray irrigation systems. This Phase 1 project is operating in accordance with the County’s State of Delaware OWTDS Operations Permit No. 359141-05.

Sussex County Council has applied to renew their State of Delaware OWTDS Operations Permit for Phase 1 operations and to authorize the operation of the Phase 2 project’s newly constructed wastewater treatment, distributions, and disposal systems. The Phase 2 projects will increase the IBWTF’s treatment capacity from 2.0 to 4.0 MGD and disposal capacity from 2.65 to 6.96 MGD. The permit will also authorize the use of the constructed wetland to treated groundwater and enhance effluent treatment as a demonstration and research project.

The proposed Draft Construction and Operations Permits include construction, operational, monitoring, and reporting requirements designed to protect human health and the environment.

For additional information on the above matter, and to review applications, supporting documents, and draft permits, contact John Rebar, Jr., Division of Water, Groundwater Discharges Section, 89 Kings Highway, Dover, DE, 19901; by phone at 302-739-9948; or, by email, at John.Rebar@delaware.gov.

The Department will accept public comment through the close of business on June 7, 2022. Comments will be accepted in written form via email to DNRECHearingComments@delaware.gov, using the online form at de.gov/dnreccomments, or by U.S. mail to the address below.

Public Hearing Officer

Lisa A. Vest
DNREC Office of the Secretary
89 Kings Highway
Dover, DE 19901

Transcript, Hearing Officer’s Report and Secretary’s Order

Public Hearing Transcript

Hearing Officer’s Report
– Technical Response Memorandum

• Appendix I: Division’s Additional Information Letter, dated August 24, 2022
• Appendix II: County’s Response to Request for Additional Information, dated October 21, 2022
• Appendix III: Draft Forest Stewardship Plan for Fields A, B, C and D, dated October 2022
• Appendix IV: Delaware Division of Fish and Wildlife’s findings from their site inspection on September 14, 2022
• Appendix V: Red-lined revised draft Phase 2 Construction Permit
• Appendix VI: Finalized revised draft Phase 2 Construction Permit
• Appendix VII: Red-lined revised draft Operations Renewal and Modification Permit Renewal and Modification
• Appendix VIII: Finalized revised draft Operations Renewal and Modification Permit Renewal and Modification

Secretary’s Order No. 2024-W-0020 — Approval of Permit Applications of Sussex County Council for the Phase 2 Upgrade Expansion Project at the Inland Bays Regional Wastewater Treatment Facility (“IBRWTF”), located in Sussex County, Delaware
(Effective Date: June 13, 2024)

DNREC Exhibits

DNREC Regulations

Exhibit 1: On-Site Regulations and Guidance Documents (Jan. 11, 2014)

Sussex County Application for Phase 2 Upgrades

Exhibit 2: Soil Investigation Report (SIR) for the proposed Inland Bays Spray Expansion Project. Prepared by Accent Environmental, LLC. With revisions dated May 2017.

• Soil Investigation Report (Feb. 25, 2017)
• Soil Investigation Report Revisions: Appendix B2, Appendix C2 and Site Map of Area A1 (May 2017)
• DNREC Soil Investigation Report Approval (May 19, 2017)

Exhibit 3: Hydrogeologic Report for Spray Irrigation Expansion at the Inland Bays Regional Wastewater Facilities in Sussex County, Delaware (HSR) Prepared by: Whitman, Requardt & Associates, LLP

• Hydrogeologic Report for Spray Irrigation (Oct. 26, 2017)
• Hydrogeologic Report for Spray Irrigation Site Plan (Nov. 2017)

Exhibit 4: 2019 Surface Water Assessment Report (SWAR), Inland Bays Regional Wastewater Facilities Sussex County, Delaware, dated January 28, 2019. Prepared by: Whitman, Requardt & Associates, LLP.

Exhibit 5: Revised Submittal from WRA providing Updated Drawings, Specs and Design Engineering Report (DER)

• Design Engineering Report for the Phase 2 Expansion of the Inland Bays Regional Wastewater Facilities in Sussex County, Delaware, dated July 12, 2019. Prepared by: Whitman, Requardt & Associates, LLP.
• Drawings titled Inland Bays Regional Wastewater Facility Phase 2 Expansion Contract S19-10 100% Submittal. Signed by the County Engineer on January 7, 2019.
• Project Specification Contract S19-10 Inland Bays Regional Wastewater Facility: Phase #2 Expansion, December 2018, Final For Bid, Volume I of II. Signed by the County Engineer on January 7, 2019.
• Project Specification Contract S19-10 Inland Bays Regional Wastewater Facility: Phase #2 Expansion, December 2018, Final For Bid, Volume II of II. Signed by the County Engineer on January 7, 2019.
  Volume II includes a January 2019 Geotechnical Report (begins on  page 473)

Exhibit 6: DNREC Letter Requesting Additional Information and forwarding Engineer Review Memo (Aug. 3, 2020)

Exhibit 7: Revised Submittal

• Whitman, Requardt & Associates Response Letter to DNREC (Oct. 21, 2020)
• Revised Design Engineering Report for the Phase 2 Expansion of the Inland Bays Regional Wastewater Facilities in Sussex County, Delaware. Prepared by: Whitman, Requardt & Associates, LLP (Oct. 2020)
• Drawings titled Inland Bays Regional Wastewater Facility Phase 2 Expansion Contract S19-10 100% Submittal. Signed by David Ronald Nixson, P.E., on Nov. 4, 2020

Sussex County’s Application for Renewal of Operations Permit

Exhibit 8: Application for Renewal and 5 year Compliance Monitoring Report (CMR) (May 12, 2017)

Sussex County’s Application for the Constructed Wetland Project

Exhibit 9: Hydrogeologic Report and Appendices titled Inland Bays Regional Wastewater Facility – Hydrogeologic Report In Support of the Submerged Gravel Wetland Project as an Alternative Effluent Disposal System. Prepared by RK&K. (Jan. 28, 2022)

Exhibit 10: Drawings titled Inland Bays Regional Wastewater Facility Submerged Gravel Wetland. (April 18, 2022)

Sussex County’s Application for the Distribution of Treated Wastewater for Agricultural Use

Exhibit 11: Permit Application for the Distribution of Treated Wastewater for Agricultural Use, Inland Bays Regional Wastewater Facilities in Sussex County, Delaware. Prepared by: Whitman Requardt & Associates, LLP. (Feb. 24, 2021)

Part 1 — Part 2 — Part 3

Exhibit 12: Drawings titled Inland Bays Regional Wastewater Facility (IBRWF): Effluent Disposal Expansion. Signed Dec. 9, 2020

Exhibit 13: Force Main – Application for Construction of Wastewater Collection and Conveyance Systems for Inland Bays Regional Wastewater Facility (IBRWF): Effluent Disposal Expansion

Exhibit 14: Spray Field – Application for Construction of Wastewater Collection and Conveyance Systems for Inland Bays Regional Wastewater Facility (IBRWF): Effluent Disposal Expansion

Draft Permits

Exhibit 15: DNREC Draft Construction Permit

Exhibit 16: DNREC Draft Operations Permit Modification and Renewal

DNREC Public Notices

Exhibit 17: Notice of the Public Hearing as published on the State Public Meeting Calendar on April 19, 2022

Exhibit 18: DNREC Public Hearing Event Page (this page)

Exhibit 19: Notice of the public hearing as published on the DNREC Public Notices page on April 20, 2022

Exhibit 20: Copy of the Public Hearing Notice as published in the Delaware State News on April 20, 2022

Exhibit 21: Copy of the Public Hearing Notice as published in News Journal on April 20, 2022

DNREC Existing Sussex County Inland Bays Permit

Exhibit 22: DNREC Operations Permit – 359141-05

DNREC Presentation

Exhibit 23: DNREC Presentation

Applicant Exhibits

Exhibit 1: Sussex County Presentation

Public Comments