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

-------