A recent discussion concerning inland bays and septic tanks had me running to do research on the subject. Here's what I found. Inland Bays pollution control strategy (PCS) was adopted on November 1, 2008. As a result of these regulations, the following changes in septic systems have or will take place:

1. All septic systems within the inland bays watershed are required to be inspected prior to transfer of title.
2. Cesspools are prohibited within the watershed.
3. No septic systems are permitted within 100 feet of state wetlands, high tide water.
4. Septic systems installed or replaced within 1000 feet of wetlands / high tide water must incorporate PSN-3 nitrogen removal technology.
5. Beginning January 1, 2015, all septic systems within the inland bays area must incorporate PSN-3 nitrogen removal technology.

The draft of the Inland Bays PCS, including draft regulations, was initially presented at a public workshop in February, 2005, and then again at several other public feedback events over a three year period. Although changes have been made to address public comments received between 2005 and 2008, the PCS is based upon the recommendations offered by the Inland Bays Tributary Action Team. During the summer of 2008, DNREC formally proposed a regulation that includes provisions requiring riparian buffers, improved stormwater management, and additional standards and measures for onsite wastewater treatment and disposal systems (septics) in the Inland Bays Watershed. These regulations, which are designed to reduce nonpoint source pollution with certainty, are the first of their kind.

The regulations were proposed in the June 1, 2008, Delaware Register of Regulations, opening a month-long public comment period. A public hearing, attended by more than 400 interested individuals, was held on June 23, 2008, at the CHEER Center in Georgetown. A wide range of comments were received, with some in opposition to the proposed regulations, some in support of the regulations as written, and some requesting additional regulatory actions. The majority of comments focused on the proposed buffer and onsite wastewater treatment and disposal system provisions. The hearing officer reviewed all comments received on the proposed regulation, and the Department's response to comments and reported to the Secretary, who then signed an Order to adopt the regulation.

So what does all of this mean? As best as I can understand it, all of our listings that have a septic system will need to advise our Sellers of these new regulations. Those listings that are going to be sold will need to have their septic system inspected prior to transfer of title. And in the future, by 2015, all septic systems will need to incorporate PSN-3 nitrogen removal technology, which I understand can be costly.

If you care to do more reading on this subject, go to the DNREC web site.

Hope this information helps.
See you next week!

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