The Division of Water will conduct a public hearing (Docket #2021-P-W-0013) on plans to issue two General Permits related to the NPDES Concentrated Animal Feeding Operations (CAFO) program. Public comment period closed.

DNREC intends to issue two General Permits related to the National Pollutant Discharges Elimination System (NPDES) Concentrated Animal Feeding Operations (CAFO) program. A CAFO permit is a point source permit authorized by the Federal Clean Water Act that is required by Federal and State regulations for CAFOs that discharge pollutants into waters of the state, including streams or drainage ditches.

The Department intends to renew the Draft NPDES General Permit for Large, Medium, & Designated Poultry Concentrated Animal Feeding Operations (CAFO) – Manure Generation Facilities Only (DE 5000N/11) and to issue a Draft NPDES General Permit for Large, Medium, & Designated Non-Poultry & Diversified CAFOs – Manure Generation and Land Application Facilities (DE 0051250).

DNREC intends to issue these General Permits, under which CAFO operations can seek discharge authorization.

In the State of Delaware, DNREC and DDA cooperate in implementing the CAFO program. The purpose of the CAFO permit is to regulate activities at CAFOs involving the management of nutrients and to help improve and maintain the quality of waters of the state. Applicable farms will be subject to certain effluent limitations and conditions under Section 9.5 of 7 Del. Admin. Code §7201 – State of Delaware Regulations Governing the Control of Water Pollution.

Those wishing to offer verbal comments during DNREC virtual public hearings must pre-register no later than noon on the date of the virtual hearing at de.gov/dnreccomments or by telephone at 302-739-9295.

The Department will also accept written public comments through the close of business on Thursday, July 15, 2021. Comments pertaining to the above matter 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 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
– Appendix A: Technical Response Memorandum (09/09/2022)
– Appendix B: Draft CAFO GP1 (for the renewal of NPDES Permit Number DE 5000/11)
– Appendix C: Draft CAFO GP3 (for the issuance of NPDES Permit Number DE 0051250)

Secretary’s Order No. 2023-W-0018 — Finalization of Draft National Pollutant Discharge Elimination System (“NPDES”) General Permits 1 and 3 (DE 0051250 and DE 50000N/11, respectively) regarding Concentrated Animal Feeding Operations (“CAFOs”)
Effective Date: July 26, 2023

DNREC Exhibits

Exhibit 1: Permit DE 5000N/11

• Draft Renewal
• Draft Fact Sheet

Exhibit 2: Permit DE 0051250

• Draft Permit
• Fact Sheet
• Public Notice
• Public Notice News Journal Affidavit
• Public Notice State News Affidavit

Exhibit 3: Regulations

• CAFO Regulations
• Nutrient Management Regulations
• State Technical Standards

Exhibit 4: Notice of Intent Form

Exhibit 5: Hearing

• Hearing Request
• Written Comments
• Hearing Notification
• Hearing Public Notice
• Hearing Public Notice News Journal Affidavit
• Hearing Public Notice State News Affidavit
• State Public Meeting Calendar
• Hearing Webpage (this page)

Exhibit 6: Hearing Presentation

Public Comments

Lew Podolske (July 14, 2021)

Keith Steck, Delaware Coalition for Open Government (July 15, 2021)
– Attachment 1
– Attachment 2

Joseph Meyer, Sussex Health and Environmental Network (July 15, 2021)
– Attachment