Delaware Code Title 7 Sec. 4205 – Repair, alteration, or removal of dams
(a) Before commencing the repair, alteration or removal of any dam to which this chapter applies, application shall be made by the owner for written approval by the Department, except as otherwise provided by this chapter. The application shall state the name and address of the owner, shall adequately detail the changes it proposes to affect, impacts or modifications to plans of operation and maintenance and emergency action plans, and shall be accompanied by maps, plans, and specifications setting forth such details and dimensions as the Department requires. The Department may waive the requirements of this section for the repair or alteration of a dam if the proposed action is determined to be minor as defined by the Department by regulation. The application shall give such other information concerning the dam and reservoir required by the Department, such information concerning the safety of any change as it may require, and shall state the proposed time of commencement and completion of the work. When the Department determines an application has been completed it may be referred by the Department for agency review and report, as provided by § 4204 of this title in the case of original construction. The application for repair, alteration or removal of the dam shall be subject to the public notice requirements.
Terms Used In Delaware Code Title 7 Sec. 4205
- Dam: shall mean any artificial barrier, including appurtenant works, with the ability to impound or divert water, wastewater, or liquid-borne materials. See Delaware Code Title 7 Sec. 4202
- Department: shall mean the Department of Natural Resources and Environmental Control. See Delaware Code Title 7 Sec. 4202
- Owner: shall include any of the following who own, control, operate, maintain, manage, or propose to construct, reconstruct, enlarge, repair, alter, remove or abandon a dam or reservoir: the State and its departments, institutions, agencies and political subdivisions; every municipal or quasi-municipal corporation; every public utility; every district; every person; the duly authorized agents, lessees, or trustees of any of the foregoing; and receivers or trustees appointed by any court for any of the foregoing. See Delaware Code Title 7 Sec. 4202
- Person: shall mean any person, firm, association, organization, partnership, business trust, corporation or company. See Delaware Code Title 7 Sec. 4202
- Reservoir: shall mean any basin that contains or will contain impounded water, wastewater, or liquid-borne materials by virtue of its having been impounded by a dam. See Delaware Code Title 7 Sec. 4202
- Secretary: shall mean the Secretary of the Department of Natural Resources and Environmental Control. See Delaware Code Title 7 Sec. 4202
- State: shall mean the State of Delaware. See Delaware Code Title 7 Sec. 4202
(b) Upon receipt of a full application in proper form, the Secretary shall give notice in the form of an advertisement in a newspaper of general circulation in the county in which the activity is proposed and in a daily newspaper of general circulation throughout the State:
(1) The fact that the application has been received;
(2) A brief description of the nature of the application;
(3) The place at which a copy of the application may be inspected; and
(4) Procedures to request a public hearing.
The Secretary shall hold a public hearing on an application, if the Secretary receives a request from any party whose interests are substantially affected by the proposed application, as determined by the Secretary, if such request is received within 21 calendar days of the public notice. Such notice shall also be sent by mail to any person who has requested such notification from the Department and provides a name and address.
(c) When repairs are necessary to safeguard life and property they may be started immediately, but the Department shall be notified as soon as practical but no longer than 24 hours after such repairs have commenced. The owner shall be required to submit as-built plans and certification from a professional engineer, licensed in Delaware, demonstrating that the repairs comply with this chapter.