This section defines words, terms, and phrases found in this
chapter.
ABOVEGROUND STORAGE TANK (AST)
A single containment vessel greater than 250 gallons, as
defined in the Delaware Regulations Governing Aboveground Storage
Tanks, dated February 11, 2005. ASTs with a storage capacity greater
than 12,499 gallons containing petroleum or hazardous substances,
and ASTs with a storage capacity greater than 39,999 gallons containing
diesel, heating fuel or kerosene, are subject to the design, construction,
operation, and maintenance requirements of the Delaware AST Regulations.
APPLICANT
A person, firm, or government agency that executes the necessary
forms to obtain approval or a permit for any zoning, subdivision,
land development, building, land disturbance, or other activity regulated.
AQUIFER
A geological formation, group of formations or part of a
formation, composed of rock, sand, or gravel, capable of storing and
yielding groundwater to wells.
CERCLA HAZARDOUS SUBSTANCES
Those substances specifically designated as hazardous under
the Comprehensive Environmental Response. Compensation, and Liability
Act (CERCLA), otherwise known as the "Superfund Law," or those substances
identified under other laws. In all, the Superfund Law includes references
to four other laws to designate more than 800 substances as hazardous
and identify many more as potentially hazardous due to their characteristics
and the circumstances of their release. See: http://www.epa.gov/superfund/programs/er/hazsubs/cercsubs.htm.
CONTAMINATION
Any physical, chemical, biological, or radiological substance
that enters the hydrological cycle through human action and may cause
a deleterious effect on groundwater resources; it shall include but
is not limited to hazardous waste, limiting nutrients, and sanitary
sewage.
DELINEATION
The process of defining and/or mapping a boundary that approximates
the areas that contribute water to a particular water source used
as a public water supply.
ENVIRONMENTAL IMPACT ASSESSMENT REPORT (EIAR)
A report required by this chapter that assesses the environmental
characteristics of a source water protection area and determines what
effects or impacts will result if the area is altered or disturbed
by a proposed action that would increase impervious cover beyond the
recommended 20% threshold.
EXCELLENT GROUNDWATER RECHARGE POTENTIAL AREA
Those areas with high percentages of sand and gravel that
have "excellent" potential for recharge as determined through a stack
unit mapping analysis delineated by the Delaware Geological Survey
and presented in the Report of Investigations No. 66, Ground-water
Recharge Potential Mapping in Kent and Sussex Counties, Delaware,
Geological Survey, 2004.
GEOLOGIST
An individual who is registered in the State of Delaware
to practice the profession of geology.
GROUNDWATER
The water contained in interconnected pores located below
the water table in an unconfined aquifer or located in a confined
aquifer.
HAZARDOUS SUBSTANCE UST SYSTEM
An underground storage tank system that contains a hazardous
substance defined in Section 101(14) of the CERCLA (but not including
any substance regulated as a hazardous waste under RCRA, Subtitle
C), or any mixture of such substances and petroleum, and which is
not a petroleum UST system.
HAZARDOUS WASTE
A solid waste, or combination of solid wastes, which, because
of its quantity, concentration, or physical, chemical, or infectious
characteristics, may cause or significantly contribute to an increase
in mortality or an increase in serious irreversible or incapacitating
irreversible illness or pose a substantial present or potential hazard
to human health or the environment when improperly treated, stored,
transported, or disposed of, or otherwise managed, without limitation;
included within this definition are those hazardous wastes described
in Sections 261.31, 261.32, and 261.33 of the Delaware Regulations
Governing Hazardous Waste.
IMPERVIOUS COVER
Surfaces providing negligible infiltration, such as pavement,
buildings, recreation facilities (e.g., tennis courts, swimming pools,
etc.), and covered driveways.
NATURAL CONDITION
Open space that is essentially unimproved and set aside,
dedicated, designated, or reserved for public or private use.
NONCONFORMING USE
An existing use of a lot or a building that was legal at
the time of its creation that is not permitted by this chapter in
the district in which it is located.
ON-SITE WASTEWATER TREATMENT AND DISPOSAL SYSTEM
Any conventional or alternative wastewater treatment and
disposal systems installed or proposed to be installed on land of
the owner or on other land to which the owner has the legal right
to install the system.
PASSIVE RECREATION
Recreation that involves existing natural resources and has
a minimal impact because it does not require the alteration of existing
topography. Such passive recreation shall include but not be limited
to nonmotorized vehicles, hiking, bicycling, picnicking, and bird-watching.
PUBLIC DRINKING WATER SYSTEM
A community, noncommunity, or nontransient noncommunity water
system, which provides piped water to the public for human consumption.
The system must have at least 15 service connections or regularly
serve at least 25 individuals daily for at least 60 days.
PUBLIC WATER SUPPLY WELL
Any well from which the water is used to serve a community
water system by Section 22.146 (Public Water Systems) in the Delaware
State Regulations Governing Public Drinking Water Systems.
REDEVELOPMENT
Any proposed expansion, addition, or major facade change
to an existing building, structure, or parking facility.
RUNOFF
That portion of precipitation or snow melt that has not evaporated
or infiltrated into the soil but flows on land or impervious surfaces.
SANITARY LANDFILL
A land site at which solid waste is deposited on or into
the land as fill for the purpose of permanent disposal, except that
it will not include any facility that has been approved for the disposal
of hazardous waste under the Delaware Regulations Governing Hazardous
Waste.
SITE PLAN APPROVAL
A process for the review and approval of a development plan prior to the issuance of a development as outlined in Chapter
220, Zoning, of the Milton Town Code.
SOURCE WATER
Any aquifer from which water is drawn, either periodically
or continuously, by a public water system.
SOURCE WATER ASSESSMENT AREA
The area delineated by the DNREC Source Water Assessment
and Protection Program that contributes water to a public water supply
system.
SOURCE WATER ASSESSMENT PLAN
The October 1999 US EPA approved plan for evaluating the
sources of public drinking water in Delaware for their vulnerability
and susceptibility to contamination.
SOURCE WATER ASSESSMENT REPORT (SWAP)
The identification and evaluation of the sources of water
within the state used by public water systems in an effort to determine
the vulnerability and susceptibility to contamination.
STORMWATER
The runoff of water from the surface of the land resulting
from precipitation or snow or ice melt.
STORMWATER MANAGEMENT
A.
For water quantity control, a system of vegetative, structural,
and other measures that may control the volume and rate of stormwater
runoff which may be caused by land-disturbing activities or activities
upon the land; and
B.
For water quality control, a system of vegetative, structural,
and other measures that control adverse effects on water quality that
may be caused by land-disturbing activities or activities upon the
land.
UNDERGROUND STORAGE TANK (UST)
A.
One or a combination of tanks, including underground pipes,
the volume of which is 10% or more below ground, as defined in the
Delaware Regulations Governing Underground Storage Tank Systems, dated
March 12, 1995.
B.
The following USTs are not subject to the design, construction,
operation, and maintenance requirements of the Delaware UST Regulations:
residential heating fuel, agricultural, and residential motor fuel
USTs less than 1,100 gallons and any UST less than 110 gallons.
VACANT PROPERTY
Lands or buildings that are not actively used for any purpose
as designated in the underlying zoning district/overlay for one year.
WASTEWATER
Water-carried waste from septic tanks, water closets, residences,
buildings, industrial establishments, or other places, together with
such groundwater infiltration, subsurface water, and mixtures of industrial
wastes or other wastes as may be present.
WATER QUALITY
Those characteristics of stormwater runoff from an impervious
surface or a land-disturbing activity that relate to the chemical,
physical, biological, or radiological integrity of water.
WATER QUANTITY
A.
Those characteristics of stormwater runoff that relate to the
volume of stormwater runoff to downstream-gradient areas resulting
from land-disturbing activities; and
B.
Those characteristics of stormwater that relate to the volume
of stormwater that infiltrates the land surface and enters the underlying
aquifer.
WELLHEAD
The upper terminal of a well, including adapters, ports,
seals, valves, and other attachments.
WELLHEAD PROTECTION AREAS (WHPA)
Surface and subsurface areas surrounding public water supply
wells or well fields where the quantity or quality of groundwater
moving toward the wells or well fields may be adversely affected by
land use activity.
WELLHEAD PROTECTION PLAN
The March 1990 US EPA approved plan for protecting the quality
of drinking water derived from public water supply wells in Delaware.
Activities shall be subject to the land use restrictions contained
within this chapter that will protect the quality and quantity of
groundwater supplies. All uses not permitted in the underlying zone
district are prohibited.
Table 1
Land Use Restrictions and Uses, Source Water Protection
Areas
|
---|
NO - YES — CONDITIONAL
|
---|
|
Wellhead Protection Area
|
Groundwater Recharge Potential Area
|
---|
Land Use
|
Zone 1
|
Zone 2
|
Zone 3
|
Excellent
|
---|
Aboveground storage tanks
|
No
|
No
|
No
|
No
|
Automobile body/repair shop
|
No
|
No
|
No
|
No
|
Chemical processing/storage facility
|
No
|
No
|
No
|
No
|
Dry cleaner
|
No
|
No
|
No
|
No
|
Electrical/electronic manufacturing facility
|
No
|
No
|
No
|
No
|
Equipment maintenance/fueling areas
|
No
|
No
|
No
|
No
|
Fleet/trucking/bus terminal
|
No
|
No
|
No
|
No
|
Gas station
|
No
|
No
|
No
|
No
|
Hazardous waste: treatment, storage, and disposal facilities
|
No
|
No
|
No
|
No
|
# Dry wells/sumps
|
No
|
Yes
|
Yes
|
Yes
|
# Injection wells
|
Yes
|
Yes
|
Yes
|
Yes
|
Junk/scrap/salvage yard
|
No
|
No
|
No
|
No
|
Land divisions resulting in high density (greater than 1 acre)
|
No
|
Yes
|
Yes
|
Yes
|
Machine shop
|
No
|
No
|
No
|
No
|
Manure storage
|
No
|
No
|
No
|
No
|
Metal plating/finishing/fabricating facility
|
No
|
No
|
No
|
No
|
Mines/gravel pit
|
No
|
No
|
No
|
No
|
On-site wastewater treatment and disposal systems
|
No
|
No
|
No
|
No
|
Sanitary and industrial landfills
|
No
|
No
|
No
|
No
|
Underground storage tanks
|
No
|
No
|
No
|
No
|
Vessel storage
|
No
|
No
|
No
|
No
|
Wood preserving/treating facility
|
No
|
No
|
No
|
No
|
NOTES:
|
---|
Conditional:
|
---|
(#)
|
Dry wells/sumps, except for single-family residences directing
gutter downspouts to a dry well.
|
---|
(#)
|
Injection wells other than those used in the remediation of
groundwater contamination that inject oxygen-releasing compounds.
|
Nonconforming uses may continue in wellhead protection areas
and excellent groundwater recharge potential areas in the form in
which they existed at the time of the adoption of this chapter, unless
they pose a direct hazard to the Town's water supply, as determined
by the Milton Public Works Department upon advice from the Delaware
Division of Public Health, or are causing some foreign substances
(oil, salts, chemicals, or other substances) to be introduced into
the Town's water supply, as determined by the Milton Public Works
Department upon advice from DNREC's Division of Air and Waste
Management and/or Division of Water Resources. In the latter case,
the project coordinator and/or his/her designee shall issue a mandatory
cease-and-desist to stop the offending activity within the area. Nonconforming
existing underground or aboveground storage of oil, petroleum, and
petroleum products shall require secondary containment pursuant to
the State of Delaware regulations governing underground storage tanks,
or for aboveground storage of petroleum products, secondary containment
facilities capable of capturing the material stored on the site, for
existing facilities that are proposed either to be upgraded or replaced.
The following are exempt from the requirements of this chapter:
A. Wells used for agricultural purposes;
E. Revisions to recorded subdivision plans that do not result in the
creation of additional lots;
F. Minor changes or alterations to approve site plans in accordance with Chapter
220;
G. Improvements to existing residential lots, including additions to
existing single-family dwellings, the placement of sheds and fences;
and
H. Subdivision and land development projects that have received preliminary
plan approval by the Planning and Zoning Commission, conditional use
site plans that have received approval by the Commission, conditional
use site plans for public water supply in an existing recorded subdivision
or concept plan approval in the case of residential planned communities
and cluster subdivisions shall not be subject to the provisions of
this chapter for as long as their approval remains valid.
This chapter shall be enforced as prescribed in Article
XII of Chapter
220, and the remedies of Article
XIII of Chapter
220 are hereby adopted and incorporated by reference.