Delaware Septic BMP Review Update

1. Delaware Septic BMP Review Update State of DE Dave Schepens

2. Performance Standards • Systems greater than or equal to 20,000 gallons per day • “Performance Standard Nitrogen level 1 (PSN1)” means where total nitrogen levels achieve either: • an average annual concentration of 5 mg/l (parts per million (ppm)) total nitrogen in effluent sampled at the end-of-pipe of the pretreatment unit; or • an average annual concentration of 5 mg/l beneath any permitted wastewater spray irrigation field as verified by monitoring in-field lysimeters, providing that the design percolate concentration does not exceed 5 mg/l on an average annual basis.

3. Performance Standards • Systems greater than or equal to 20,000 gallons per day • “Performance Standard Phosphorus level 1 (PSP1)” means where total phosphorus levels achieve either: • an average annual concentration of 4.0 mg/l (ppm) total phosphorus in effluent sampled at the end-of-pipe of the pretreatment unit; or • an average annual concentration of 4.0 mg/l beneath any permitted wastewater spray irrigation field as verified by monitoring in-field lysimeters, providing that the design percolate concentration does not exceed 4.0 mg/l on an annual average basis.

4. Performance Standards • Systems greater than or equal to 2,500 gallons per day and less than 20,000 gallons per day • “Performance Standard Nitrogen level 2 (PSN2)” means where total nitrogen levels achieve either: • an average annual concentration of 10 mg/l (ppm) total nitrogen in effluent sampled at the end-of-pipe of the pretreatment unit; or • an average annual concentration of 10 mg/l beneath any permitted wastewater spray irrigation field as verified by monitoring in-field lysimeters, providing that the design percolate concentration does not exceed 10 mg/l on an average annual basis.

5. Performance Standards • Systems greater than or equal to 2,500 gallons per day and less than 20,000 gallons per day • “Performance Standard Phosphorus level 2 (PSP2)” means where total phosphorus levels achieve: • an average annual concentration of 8.0 mg/l (ppm) total phosphorus in effluent sampled at the end-of-pipe of the pretreatment unit.

6. Performance Standards • Systems less then 2,500 gallons per day • “Performance Standard Nitrogen level 3 (PSN3)” means where total nitrogen levels achieve either: • an average annual concentration of 20 mg/l (ppm) total nitrogen in effluent sampled at the end-of-pipe of the pretreatment unit; or • a 50% reduction in effluent total nitrogen concentration when compared to the influent total nitrogen concentration.

7. Performance Standards Large System Chart (new proposal) • 2.32.8 All new and replacement large systems must adhere to the performance standards below, as applicable to its permitted daily design flow. This requirement becomes effective six months from date of promulgation of these regulations. The performance standards are as follows:  • Daily Design Flow Total N Total P • 2,500 – 19,999 gpd 10 mg/L 7.8 mg/L • 20,000 – 299,999 gpd 5 mg/L 3.8 mg/L • > 300,000 gpd 3 mg/L 0.1 mg/L

8. Performance Standards Large System Chart (new proposal) • 2.32.9 All new spray irrigation facilities must adhere to the following performance standards at the point of compliance, the lysimeter. The performance standards are as follows: • Total Nitrogen 5 mg/L • Total Phosphorus 2 mg/L

9. Notable Proposed Regulation Changes • 2.30 All new and replacement systems permitted within 1000 feet of the Chesapeake Bay tidal waters as displayed by the map in Exhibit NN shall meet the Performance Standards for Nitrogen and Phosphorus as defined in these Regulations.  This requirement shall become effective one (1) year from the date of promulgation of these Regulations.

10. Notable Proposed Regulation Changes • 2.31.12 All cesspools and seepage pits are prohibited statewide and when found must be replaced in accordance with these regulations. • 2.31.13 For all properties utilizing an OWTDS that are sold or otherwise transferred to other ownership, the owner or trustee must have the system pumped out and inspected by a Class F and Class H licensee, respectively, prior to completion of the sale. • 2.31.13.1 For transfers of new property, the certificate of completion will suffice, or; • 2.31.13.2 If an inspection has occurred within the previous 36 months and the property owner can provide proof of the pump out and inspection then these will suffice, or; • 2.31.13.3 If the owner of an individual OWTDS provides proof of a licensed operator or has an annual service contract with a certified provider then these requirements have been met.

11. Notable Proposed Regulation Changes • 3.12.6.7.1 The Class F (liquid wastes hauler) licensee shall submit quarterly reports documenting the location, the 911 mailing address, and amount of septage removed in total gallons. This requirement becomes effective one (1) year after promulgation of these Regulations.

12. Other Requirements • All systems greater that 2,500 gallons per day must have a licensed operator and require monitoring as specified by the permits • Annual reports as well as five year reports for large systems • All owners of Innovated and Alternative systems must have a contract with a licensed service provided • Inspections required twice a year and submitted to the Department

13. Timetable for Amendments of the Regulations • Meeting with affected parties August 2011 • Public utilities • County officials • Real Estate Association • Homebuilders Association • Public Hearing September 2011

14. Closing • Regulations are a public process • Once completed implementation is critical • Upgrades to our existing data base ongoing and critical • Web site for our Regulations • http://www.dnrec.delaware.gov/wr/Information/GWDInfo/Pages/GWDS%20Design%20Install%20Operate%20Info%20For%20Proposed%20Wastewater%20Treatment%20Regulations.aspx