NPDES MS4 Phase II Tier I General Permit

Division of Water

Published: July 6, 2022
Comments Due: Aug. 5, 2022

The Department of Natural Resources and Environmental Control (the Department), Division of Water, hereby gives notice that a Tier I General Permit is being issued for existing Phase II Municipal Separate Storm Sewer System (MS4) individual permitted entities. Only small Phase II MS4s that submit a Notice of Intent (NOI) in accordance with the terms and conditions of this proposed National Pollutant Discharge Elimination System (NPDES) Permit No. DE0051195 (State Number WPCC 3212/20) and obtain written authorization from DNREC will be authorized under the Tier I General Permit to discharge storm water to the waters of the State of Delaware.

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.

The NPDES Tier I General Permit covers small municipal storm water sewer systems (MS4s) located in the State of Delaware that are currently covered under an individual Phase II MS4 permit issued by the Department (i.e., City of Newark, City of Dover, Town of Middletown, and the Delaware Department of Transportation for infrastructure maintained and operated in Kent County).

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 the Department receives a request by 4:30 pm on August 5th, 2022, 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 fact sheets, and permits are available for inspection at or copies may be obtained by contacting:

Division of Water
Surface Water Discharges Section
89 Kings Highway
Dover, DE 19901