Definitions. As used in this section, the following terms shall have
the meanings indicated:
ABOVEGROUND STORAGE TANK (AST)
A single containment vessel greater than 250 gallons as defined
in the Delaware Regulations Governing Aboveground Storage Tanks. 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 diesels, heating fuel or kerosene are subject
to the design, construction, operations, and maintenance requirements
of the Delaware AST regulations.
BEST MANAGEMENT PRACTICES
Structural, nonstructural and managerial techniques that
are recognized to be the most effective and practical means to control
nonpoint source pollutants yet are compatible with the productive
use of the resource to which they are applied. Such techniques can
include applying the principles of filtration, infiltration and storage
most often associated with natural vegetation and undisturbed soils
while minimizing a reliance on structural components. They may also
be constructed using an imported soil medium and planted with vegetation
designed to promote the natural hydrologic process. These practices
include, but are not limited to, vegetative filtration, riparian buffer
plantings, bioretention areas, vegetative flow conveyance, as well
as recharge and surface storage in undisturbed natural areas. These
are used in both urban and agricultural areas.
CONTAMINATION
Any physical, chemical, biological, or radiological substance
that enters the hydrologic cycle through human action and may cause
a deleterious effect on groundwater resources.
ENVIRONMENTAL ASSESSMENT REPORT
Documents that post-development recharge will be no less
than predevelopment recharge for both water quality and quantity when
computed on an annual basis. The environmental assessment report at
a minimum needs to include the following elements:
(1)
Site description of proposed development within the water resource
protection area.
(2)
Climatic water balance comparing predevelopment and post-development
recharge potential for both water quantity and quality.
(3)
Subsurface exploration, including borings, test pits, and infiltration
tests.
(4)
Design of groundwater recharge facilities that assure water
quality as well as water quantity.
(5)
Construction and maintenance considerations.
(6)
Recommended groundwater monitoring plan.
(7)
Water management agreement between the applicant and the County
providing for monitoring and maintenance of the recharge system. The
applicant will abide by the groundwater management agreement as written
in the DNREC Supplement to the Source Water Protection Guidance Manual
for the Local Governments of Delaware: Ground-Water Recharge Design
Methodology, dated May 2005, or as later revised.
EXCELLENT GROUNDWATER RECHARGE AREAS
Those areas with a high percentage 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. Excellent Groundwater Recharge Areas are delineated on the Excellent Groundwater Recharge Area Maps described in Subsection
B(1) of this section.
GROUNDWATER
The water contained in interconnected pores located below
the water table in an unconfined aquifer or located in a confined
aquifer.
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
The sum of parking lots, roads, buildings, sidewalks, or
other created surfaces through which rainwater cannot pass or infiltrate
the soil. Materials such as permeable pavers, permeable concrete or
asphalt, and permeable plastic grid systems, shall not be considered
impervious.
INFILTRATION
The passage or movement of water through the soil profile.
LAND-DISTURBING ACTIVITY
A land change or construction activity for residential, commercial,
industrial, and institutional land development which may result in
soil erosion from water or wind, or the movement of sediments or pollutants
into state waters or onto lands in the state; or which may result
in accelerated stormwater runoff, including, but not limited to, clearing,
grading, excavating, transporting and filling of land.
LEADERSHIP IN ENERGY AND ENVIRONMENTAL DESIGN (LEED)
A rating system developed and administered by the U.S. Green
Building Council based in Washington, DC. It is designed to promote
design and construction practices that increase profitability while
reducing the negative environmental impacts of buildings and improving
occupant health and well-being. The LEED rating system offers four
certification levels for new construction which includes Certified,
Silver, Gold and Platinum, corresponds to the number of credits accrued
in five green design categories: sustainable sites, water efficiency,
energy and atmosphere, materials and resources and indoor environmental
quality. LEED standards cover new commercial construction and major
renovation projects, interior projects and existing building operations.
ON-SITE WASTEWATER TREATMENT AND DISPOSAL SYSTEM
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.
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.
STORMWATER
The runoff of water from the surface of the land resulting
from precipitation or snow or ice melt.
STORMWATER MANAGEMENT
(1)
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
(2)
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 upon the land.
UNDERGROUND STORAGE TANK (UST)
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. 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.
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
(1)
Those characteristics of stormwater runoff that relate to the
volume of stormwater runoff to downstream-gradient areas resulting
from land-disturbing activities.
(2)
Those characteristics of stormwater that relate to the volume
of stormwater that infiltrates the land surface and enters the underlying
aquifer.