History & Purpose
Erosion, Sediment & Stormwater (ES2M) Program History
Legislative Background
In June of 1990, Chapter 40, Title 7, of the Delaware code was amended to include stormwater management requirements in the Erosion and Sedimentation Control Act. This amendment promulgated a set of regulations (effective January 1991) governing all new development over 5,000 square feet. This legislation required the plan review and approval for all design plans, comprehensive E&S inspection for all construction activities, and compliance standards that were enforceable for the first time with significant penalties in terms of fines against an owner/developer, contractor, or both. On November 16, 1990, the Federal Register published the final rule regarding 40 CFR Parts 122, 123 and 124 National Pollutant Discharge Elimination System (NPDES) Permit Application Regulations for Storm Water Discharges. This ruling was the first step in implementing section 402(p) of the Clean Water Act of 1987 which requires the Environmental Protection Agency to establish regulations and NPDES permit application requirements for stormwater discharges associated with industrial activity and from large (pop. >= 250,000) and medium (pop. of 100,000 or more but less than 250,000) municipal separate storm sewer systems
Impacts of Legislation on DelDOT
These new stormwater programs posed some concerns to DelDOT since DNREC and the EPA had been authorized to impose additional requirements on transportation projects. From a project planning and design standpoint, the objectives, goals, and timetables of DelDOT projects could be affected by the plan review and permit approval process. From a construction standpoint, the prospect of falling into noncompliance with the approved sediment and stormwater plan and its permit conditions could very well result in DelDOT facing substantial fines and penalties. It was apparent that DelDOT needed to establish a partnership with the environmental agencies to incorporate their requirements on DelDOT project plans while still maintaining control over the transportation goals, objectives, and timetables.
Delegation of Program to DelDOT
A provision in the Delaware Sediment and Stormwater Regulations (DSSR) allowed DNREC to acquire general permit authority for construction activities under the NPDES stormwater regulations and to delegate certain aspects of the overall State Sediment and Stormwater Program to soil conservation districts, municipalities, and other state or federal agencies. In 1991, DelDOT sought and received delegation through DNREC to implement its own stormwater program which would address both the state and federal stormwater requirements for all construction activities. Through the establishment of the Stormwater Engineer position, DelDOT was able to demonstrate its ability to perform several of the following elements of the Sediment and Stormwater Program:
- Plan review and approval;
- E&S inspection during construction;
- Maintenance of permanent stormwater facility inspection.
Current DelDOT Program Coordination
- Plan review and approval is under the purview of the Stormwater Engineer;
- The E&S Engineer is responsible for the E&S inspection portion of the delegation;
- Maintenance of permanent stormwater facilities is under the NPDES Engineer.
Maintaining DelDOT Delegation
As per the DSSR, DelDOT goes through a rigorous redelegation review every five years along with bi- annual reporting requirements. This review covers all aspects of the components listed above with DNREC personnel inspecting all the pertinent project files, inspection reports, maintenance records, etc. If DNREC determines that DelDOT is not doing their due diligence in one or more of these matters, than it is possible that DelDOT could lose one or more of its delegation responsibilities.
Environmental Interconnection
Environmental Interconnection Workflow
Roles and Responsibilities
Erosion, Sediment, & Stormwater Management (ES2M) Roles & Responsibilities (Sept 2020)
Communication Protocols
Communication Protocols on Department Construction Contracts Memo (Nov 2015)
Additional Details
Delaware Department of Natural Resources & Environmental Control - Sediment & Stormwater Program
Delaware Code Title 7, Chapter 40 - Erosion & Sediment Control
7 DE Admin. Code 5101 - Sediment and Stormwater Regulations