United States
Environmental Protection
Agency
Office of Water
Regulations and Standards
Washington, DC 20460
EPA 440/5-88ei|P
September 1988
vvEPA
Water
State Water Quality
Standards Summary:
Delaware
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DISCLAIMER
This publication was prepared by Battelle under contract to
the U.S. Environmental Protection Agency (Contract 68-03-3534).
Secondary information sources were used to compile data presented
in this document. Each State was given an opportunity to review
and provide comments on a draft of this information document. In
no event shall either the United States or Battelle have any
responsibility or liability for any use, misuse, or reliance upon
the information contained herein, nor does either warrant or
otherwise represent in any way the accuracy, adequacy, efficacy,
or applicability of the contents hereof.
The reader should consult the water quality standards of a
particular State for exact regulatory language applicable to that
State. Copies of State water quality standards may be obtained
from the State's Water Pollution Control Agency or its
equivalent.
Additional information may also be obtained from the:
Standards Branch
Criteria and Standards Division (WH-585)
Office of Water Regulations and Standards
U.S. Environmental Protection Agency
Washington, D.C. 20460
202-475-7315
This document may be obtained only from the National Technical
Information Service (NTIS) at the following address:
National Technical Information Service
5285 Front Royal Road
Springfield, Virginia 22161
703-487-4650
The NTIS order number is: PB89-141741
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DELAWARE
Responsible Agency: State Contact:
Dept. of Natural-Resources & Enviromental Control Mr, Hark Blosser
Division of Enviromental Control
Hater Resources Management Department of Natural Resources and
Tatnall Building P.O. Box 1401 Enviromental Control
Dover 19901 69 Kings Highway P.O. Box 1401
302-736-4761 Dover 19901 302-736-4590
Standards Available From: State Contact:
Mr. Hark Blosser
Department of Natural Resources and
Enviromental Control
89 Kings Highway P.O. Box 1401
Dover 19901
302-736-4590 Fee: none Hailing List: yes
State Narrative Language For: Antidegradation
1. Delaware streai Mater quality shall be maintained or enhanced so that existing beneficial uses are
proteted and to allow for other beneficial uses.
2. Where the quality of the waters exceed levels necessary to support (a) propagation to fish, shellfish, and
other aquatic life, and (b) recreation in and on the water, or in the case of waters of exceptional recrea-
tional or ecological significance, existing quality shall be maintained or enhanced. Limited degradation may
be allowed if the Department finds, after full satisfaction of the public participation provisions of the
Delaware Environmental Protection Act, that allowing lower water quality is necessary to accommodate important
economic development in the area in which the waters are located. Further, the.Dept. shall assure that there
shall be achieved the highest statutory and regulatory requirements for all new and existing point sources,
and all cost-effective and reasonable best management practices for non-point sources.
3, Degradation of water quality in such a Banner that results in diminution of designated uses or
violation of water quality standards shall be prohibited.
4, Any person who shall apply for permit to discharge to the waters of the State, excepting application for
renewal without modification, must demonstrate to the satisfaction of the Dept. that said discharge will not
result in violation of the receiving stream's standards and will not result in diminution of uses. A public
hearing, pursuant to 7 Del. C,, Subsection 6004 and 6006, may be held to gather public comment on any such
application.
5, The hearing requirement imposed by Subsection 2.4 above shall not be construed to impose a requirement for
an additional public hearing where such a hearing is otherwise held pursuant to law, provided the requirements
of this section are hereby met.
State Narrative Language For: Toxics
All surface waters of the State shall be free from substances attributable to wastes of industrial, munici-
pal, agricultural or other anthropogenic origin, such as any pollutants, including those of a toxic nature,
that aay interfere with attainaent of designated uses of the water, impart undesirable odors, tastes or colors
to the water or to aquatic life found therein, endanger public health, or result in dominance of nuisance
species. The following EPA publications, or any other sources deemed acceptable by the Department, may be
used as guidelines for applying these Standards to discharges in the State:
(1) Hater Quality Criteria 1972 (March, 1973),
(2) Quality Criteria For Water (July, 1976),
(3) Hater Quality Criteria Documents, (EPA-440/5-BO-015 through 5-80-079), published in 1980,
(4) Hater Quality Criteria Documents, (EPA-440/5-84-028 through 5-84-033, and 5-85-001), published in 1985.
Toxic substances shall not exceed natural levels in ERES (Exceptional Recreational or Ecological Significance)
waters.
State Narrative Language For: Free From
Haters shall be free from substances attributable to wastes of industrial, municipal, agricultural or other
anthropogenic origin, such as: '
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DELAWARE
(i) Floating debris, oil, grease, scui, foai, or other laterials on the water surface that create a nuisance
condition, or in any May interfere with attainment of designated uses of the water,
(ii) Settleable solids, sediients, sludge deposits, or suspended particles that lay coat or cover subiergeil
surfaces and create a nuisance condition, or in any way interfere with attainment of designated uses of water,
(iii) Any pollutants, including those of a thermal, toxic, corrosive, bacteriological, radiological, or othi?r
nature, that may interfere with attainment of designated uses of the water, iipart undesirable odors, tastes,
or colors to the water or to aquatic life found therein, endanger public health, or result in dominance of
nuisance species.
State Narrative Language For:. Low Flow
In waters which do not meet certain water quality standards or support certain designated uses, the Department
may propose that specific standards and/or uses be downgraded. Any such action may be taken only after a
public hearing is held pursuant to 7 Del.C, 6006. Justification for such action may include: Natural,
ephemeral, intermittent or low flow conditions or water levels inclusive of existing or proposed discharge
flows, where lack of water prevents the attainment of the use.
Critical Flows - For the following situations, the numerical and narrative water quality criteria contained
in this document (with'exceptions noted below} shall not apply:
(a) For perennial freshwater streams, at those times when the flow in the stream falls below that value thai
is equal to the flow of seven-day duration with recurrence interval of 10 years (generally known as the 7B10
or the S7-10).
Exceptions: All waters under (a) above shall be free of the materials and substances as listed in Section 5,5
(a) through (e).
State Narrative Language For: Mixing Zones
The following requirements shall apply to mixing zones:
1. Location: Mixing zones shall not be located in areas of special importance, such as nursery areas for
aquatic life or waterfowl, approved shellfish areas, or heavily utilized primary contact recreation areas.
Zones shall not be located in such a manner as to disrupt the passage of fishes or other organisms.
2. Size: Size of the zone shall be minimized. No interference with established aquatic communities or
diminution of designated uses shall be allowed.
3. Shape: Allowable shapes shall be simple configurations, and shall be determined on a site-specific basis
using appropriate scientific methods. Shore-hugging plumes shall be prohibited in all water bodies.
4. Outfalls shall be designed to provide maximum protection to humans, aquatic life and wildlife.
5. All mixing zones shall be free of the following:
(a) Materials in concentrations that will cause acute toxicity to aquatic life, or present unacceptable risik
to human health,
(b) Materials in concentrations that settle to form objectionable deposits,
(c) Floating debris, oil, scum, foam, and other matter in concentrations that form nuisances,
(d) Substances in concentrations that produce objectionable color, odor, taste or turbidity, and
(e) Substances in concentrations which produce undesirable aquatic or marine life, result in a dominance of
nuisance species, or affect species diversity.
Note: United States Environmental Protection Agency publications, or other sources deemed acceptable by the
Department, may be used, in addition to the above general requirements, as guidelines for determining the
specifics of mixing zones.
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Classification!
Public Hater Supply
Industrial
Hater Supply
Priiary Contact
Recreation
Secondary Contact
Recreation
Fish, Aquatic Life
and Bildlife
Coldnater Fish
(Put-and-Take)
Agricultural
Water Supply
kiater of Exceptional
Recreation or Ecolo-
gical Significance
Harvestable
Shellfish Waters
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All Public Mater Su.. Industrial Primary Contact
Classes
Physical
PK
Upper Value 8.5
Lower Value 6.5
Dissolved Oxygen
Loiter Value 4.0 ig/L
Teiperature
Upper Value 85 F
Teiperature Change
Upper Value 5 F
Secondary Upper Liiit 4 F
Turbidity
Upper Value Narr.
Nutrients
Toxic Metals
Pesticides
Organics
Phenol
Upper Value 0.2 ig/L
Bacteria
Enterococcus Colonies
Upper Value Narr.
Fecal Colifori
Upper Value Narr. site-spec.
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Secondary Conta.. Fish, Aquatic L. Coldnater Fish Agricultural
Physical
Teiperature
Upper Value 75 F
Nutrients
Toxic (totals
Pesticides
Organics
Bacteria
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Hater of Except.. Harvestable
Physical
Nutrients
Toxic Metals
Pesticides
Organics
Bacteria
Total Colifon
Upper Value Narr.
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