In accordance with Title 26 of the Delaware Code, the State
of Delaware Public Service Commission is authorized to issue certificates
of public convenience and necessity (CPCN) for the construction and
operation of privately owned and operated central sewer systems within
the state. The County plans, designs, finances and constructs sewer
systems within the Unified Sanitary Sewer District. As part of this
process, the County established five tier sewer service areas designating
how certain parts of the County shall or can be served in the future
depending on their tier area designation. Tier areas are utilized
by the County to adequately plan, design, finance and construct the
publicly owned sewer system. This article is intended to provide a
method for coordination with regulated private and/or municipal wastewater
utilities.
No private community wastewater system shall be permitted within
a Tier 1 or Tier 2 service area and therefore no certificates of public
convenience and necessity can be obtained in these areas.
Certificates of public convenience and necessity can be obtained
within a Tier 3 service area with prior approval of the Engineer as
hereinafter provided.
A.
Applicants seeking to obtain approval of an application for a certificate
of public convenience and necessity within a Tier 3 service area must
coordinate the request with and obtain prior approval from the Engineer
before submitting an application to the Public Service Commission.
The request shall include the following:
(1)
Address and location of the proposed private central wastewater
system, including Tax Map and Parcel Number(s) where the treatment
and disposal system will be located or the off-site regional treatment
and disposal system to be utilized to serve the proposed CPCN.
(2)
List of the property or properties by Tax Map and Parcel Number
to be served by the proposed CPCN.
After obtaining all required information, and no later than
45 days after a request has been made, the Engineer shall approve
the request for a CPCN within a Tier 3 service area in writing if
it is determined that each of the following criteria have been favorably
addressed:
A.
Sussex County will not reasonably be able to provide sewer service
to the property within five years from the date the application is
filed;
B.
Sussex County has not performed a planning study that the applicant
could use to implement the extension of a transmission pipeline system
to connect the development to existing County infrastructure;
C.
The system will not adversely affect Sussex County's ability to provide
future sewer service to other properties in the area, including, but
not limited to, other existing developments, individual properties
or structures;
D.
The system, if serving more than one property, will not interfere
with the County's ability to construct future pipelines and/or mains
within private or public rights-of-way or other areas as may be necessary;
E.
The system will be constructed in such a manner that it could be
interconnected with the County sanitary sewer system if the County
sanitary sewer system becomes available; and
F.
The construction of the system does not adversely affect existing,
designed or funded County sewer infrastructure, including, but not
limited to, pipelines and/or mains sized to accommodate the property
that is the subject of the application, pump stations sized to accommodate
the property that is the subject of the application, treatment and
disposal methods that have been or will be acquired to accommodate
the treated wastewater.
A.
In the event the CPCN request is denied by the Engineer or the county-wide
five-tier sewer service preference map issued by the Engineer is challenged,
the applicant may take an appeal to County Council by filing a notice
of appeal with County Council and stating the grounds therefor within
30 days after the Engineer's decision.
B.
County Council shall fix a date and time for a public hearing on
the appeal, and give notice thereof by certified mail to the owner
of the property that is the subject of the application, the applicant
(if different from the owner), and the operator of the system, and
by posting said notice conspicuously at the place to be served by
the system. Such notice shall be given not less than 10 days before
the date of the public hearing.
C.
The Engineer shall transmit to the County Council all papers and
documents which constitute the record of the decision appealed. County
Council shall conduct a hearing and consider all evidence presented
from any party, including the party taking the appeal, the Engineer,
the public or any other interested party, and may thereafter reverse
or affirm the decision appealed.
D.
The information considered by County Council shall be limited to
the application for approval of a CPCN within a Tier 3 service area
and the criteria set forth in this article.
Certificates of public convenience and necessity can be obtained
within a Tier 4. area with prior notification as hereinafter provided.
A.
Applicants seeking to obtain the approval of the County for a CPCN
within a Tier 4 service area must notify the Engineering Department
in writing before submitting an application to the Public Service
Commission. The notification shall include the following:
(1)
Address and location of the proposed private central wastewater
system, including Tax Map and Parcel Number(s) where the treatment
and disposal system will be located or the off-site regional treatment
and disposal system to be utilized to serve the proposed certificate
of public convenience and necessity.
(2)
List of the property or properties by Tax Map and Parcel Number
to be served by the proposed certificate of public convenience and
necessity.
Article XIX shall neither apply to any private central wastewater system for which a DNREC operational permit has been issued nor shall it apply to any property for which a CPCN has previously been granted by the Public Service Commission prior to January 1, 2018.
