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 ------- ------- 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 ------- ------- 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: ' DE-1 ------- 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. DE-2 ------- DELAWARE 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 DE-3 ------- DELAWARE 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. DE-4 ------- DELAWARE Secondary Conta.. Fish, Aquatic L. Coldnater Fish Agricultural Physical Teiperature Upper Value 75 F Nutrients Toxic (totals Pesticides Organics Bacteria DE-5 ------- DELAWARE Hater of Except.. Harvestable Physical Nutrients Toxic Metals Pesticides Organics Bacteria Total Colifon Upper Value Narr. DE-6 ------- |