CHAPTER 433

FORMERLY

SENATE SUBSTITUTE NO. 1

FOR

SENATE BILL NO. 357

AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO FLOODING, EROSION AND SEDIMENTATION CONTROL, AND STORMWATER MANAGEMENT.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE :

Section 1. Amend Title 7, Delaware Code by adding a new section 4003A to read as follows:

“4003A. Runoff Control near Mill Creek, Little Mill, Red Clay, White Clay Creek, Persimmon Creek and Shellpot Creek

All land development subject to Title 7, Chapter 40, Delaware Code, in the Mill Creek, Little Mill Creek, Red Clay Creek, White Clay Creek, Persimmon Creek and Shellpot Creek watersheds of New Castle County will, in addition to meeting all other requirements for stormwater management, be required to demonstrate successful management of any increase in stormwater runoff volume from pre-development land use conditions. Successful management of increased stormwater volume shall include but not be limited to; recharge, infiltration and re-use where soils and site conditions are applicable. For any increase in volume that cannot be recharged, infiltrated or re-used, volume management may be achieved by modifying the release rate for the increase in volume so as not to increase the flood elevation for all storms up to and including the 100 year return period.”

Approved July 20,2006