NPDES Municipal Separate Storm Sewer System Tier II Permit

Division of Water

Published: July 8, 2020
Comments Due: Sept. 6, 2020

The Department of Natural Resources and Environmental Control (the Department), Division of Water, hereby gives notice that a Tier II General Permit is being issued for new Phase II Municipal Separate Storm Sewer System (MS4) entities. Only small MS4s that submit a Notice of Intent (NOI) and a Storm Water Management Program Plan in accordance with the terms and conditions of National Pollutant Discharge Elimination System (NPDES) Permit No. DE 0051217 (State Number WPCC 3033/20) and obtain written authorization from DNREC are authorized under the Tier II 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 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.

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 60 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 September 6, 2020, 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 or copies may be obtained by contacting:

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