Notice of NPDES MS4 Phase II Tier II General Permit and Public Hearing

Division of Water

Published: Dec. 14, 2022
Comments Due: Feb. 23, 2023

The Department of Natural Resources and Environmental Control’s Commercial and Government Services Section (DNREC-CGSS) will conduct a public hearing (Docket #2022-P-W-0017) to consider comments from the public on the Draft National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4) Phase II Tier II General Permit (DE 0051217). A public hearing was requested for the proposed NPDES MS4 Phase II Tier II GP due to Kent and Sussex counties not being identified as permittees on the draft permit.

The NPDES Tier II General Permit covers small municipal storm water sewer systems (MS4s) located in the State of Delaware that are within Urbanized Areas as defined by the US Census Bureau and those that may be designated by the Department. Entities within Urbanized Areas not otherwise covered by a MS4 General Permit may request a waiver. Only small Phase II MS4s that submit a Notice of Intent (NOI) and a Storm Water Management Program Plan in accordance with the terms and conditions of this proposed National Pollutant Discharge Elimination System (NPDES) Permit No. DE 0051217 (State Number WPCC 3033/20) and obtain written authorization from DNREC will be authorized under the Tier II General Permit to discharge storm water to the waters of the State of Delaware. The permit available for review contains additions and modifications that include the MS4 designation criteria and a process to ensure all urbanized areas are addressed for permit coverage.

This General Permit is in compliance with the provisions of the Federal Water Pollution Control Act, as amended by the Clean Water Act of 1977 and the Water Quality Act of 1987 (33 U.S.C.§§ 1251 et seq.) and pursuant to the provisions of Title 7, Del. C., § 6003.

For additional information on the above matter and to review the Fact Sheet and Draft Permit, visit or contact Gordon Woodrow, Division of Water, Commercial and Government Services Section, 89 Kings Hwy., Dover, DE 19901, by phone at (302)739-9946, or by email at

The virtual public hearing will be held on Wednesday, January 25, 2023, beginning at 6:00 p.m. The web link to the virtual hearing can be accessed through the DNREC Public Hearings site at If prompted, use Meeting ID 976 1012 3878 and Passcode 315852. To access the audio-only portion of the virtual hearing, dial 1-309-205-3325 and enter the Meeting ID and Passcode noted above.

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 or by telephone at 302-739-9925.

The Department will also accept public comments through the close of business on Thursday, February 23, 2023. Comments pertaining to the above matter will be accepted in written form via email to, or by using the online form at, or by U.S. mail to the following address:

Lisa A. Vest, Hearing Officer
Office of the Secretary
Department of Natural Resources and Environmental Control
89 Kings Highway
Dover, DE 19901