Delaware Wastewater Variances regulations & environmental compliance analysis

Delaware Wastewater Variances: What you need to know

Governing Law and Regulations

Variance requests: 7 Delaware Code (Del. C.) 6011 and 7 Delaware Administrative Code (DE Admin Code) 7201.6.22

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Stormwater and sediment control: 7 DE Admin Code 5101.3.2 and 7 DE Admin Code 5101.3.3

Regulatory Agencies

Delaware Department of Natural Resources and Environmental Control (DNREC) Division of Water Resources (DWR)

U.S. Environmental Protection Agency (EPA) Region 3

See ADDRESSES & CONTACTS for addresses and telephone numbers.

See national section for basic information and federal regulations.

Comparison: State vs. Federal

Rules. Delaware is fully authorized to administer the federal National Pollutant Discharge Elimination System (NPDES) permit program. Delaware has adopted the federal fundamentally different factors (FDF) variances that are reviewed by DNREC but that must also be approved by EPA. In addition, DNREC may grant a variance where the technology or other control methods are not available or the cost is high when compared to the benefits realized. For additional guidance, see the national section WASTEWATER VARIANCES.

Administration and enforcement. DNREC's DWR is responsible for the administration and enforcement of the NPDES program in Delaware, including variance requests. Applications for variances must be filed with DNREC on forms approved by the state.

State Requirements


7 Del. C. 6011 and 7 DE Admin Code 7201.6.22

DNREC may grant or deny requests for variances under the Clean Water Act (CWA) under Section 316(a), subject to EPA objection. DNREC may deny, or forward to EPA with a written concurrence or with recommendation, completed requests for variances under Section 301(c) of the CWA, based on the economic capability of the ...

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