Delaware consent order aims to curb sewage overflows in Kent County
The Delaware Department of Natural Resources and Environmental Control (DNREC) and the Kent County Levy Court have signed a Conciliation Order by Consent that resolves past wastewater treatment and sanitary sewer overflow violations and requires the County to enhance wastewater infrastructure, improve operational reliability and safeguard Delaware’s waterways.
“Kent County is committed to modernizing our wastewater system and protecting the health of our waterways,” said President Joanne Masten, Kent County Levy Court, in a press release. “This agreement reflects our dedication to working with DNREC to achieve lasting solutions.
The Consent Order addresses compliance challenges and wastewater permit violations documented from 2017 to the present at Kent County’s Regional Wastewater Treatment Facility in Milford and throughout the County’s collection system. These challenges included:
- Sanitary Sewer Overflows (SSOs) from deteriorating infrastructure and during heavy rain events
- Effluent discharge exceedances involving bacteria and suspended solids
- Maintenance and operational issues at the treatment plant
“This Consent Order provides a clear roadmap for corrective action and measurable improvements in Kent County’s wastewater system, providing stronger safeguards for Delaware’s water resources,” said DNREC Secretary Gregory Patterson in a press release.
Under the agreement, Kent County is required to complete a multi-year series of corrective actions with oversight from DNREC’s Division of Water. The actions are designed to reduce the risk of future violations, protect public health and improve water quality in the Murderkill River and its tributaries.
Key corrective actions
These actions include:
- Biosolids Capacity Expansion Project to improve solids management
- Grit system upgrades
- UV disinfection upgrades
- Backup generator installations at priority pump stations
- Comprehensive pipeline condition assessment
- Engineering evaluations of County and municipal collection systems to address infiltration and inflow (I&I)
- Quarterly progress reports to DNREC
These projects will enhance the treatment plant’s performance, reduce overflows and improve compliance with state and federal water quality standards. The Consent Order will remain in effect until all corrective actions are completed, with provisions allowing for DNREC oversight, collaboration and enforcement through January 1, 2030.
Penalties and environmental investments
As part of the agreement, Kent County will pay a $400,000 administrative penalty. Half of that amount will be directed to the State of Delaware, while the remaining $200,000 will fund a Supplemental Environmental Project – I&I Fund to support projects to reduce infiltration and inflow into non-county owned municipal sewer systems due to stormwater contributions and elevated groundwater conditions. The fund will support targeted infrastructure improvements and environmental offsets to address source reduction and pollution prevention.
Background
Kent County’s wastewater system serves residents within the County and processes flows from multiple municipalities, including Dover, Smyrna, Milford, Harrington, Clayton and Camden-Wyoming. Many of these municipal systems are decades old, contributing stormwater and groundwater infiltration that can overwhelm treatment capacity during severe weather events.
In April 2022, a major rainstorm contributed to a discharge of partially treated wastewater into The Gut, a tributary of the Murderkill River. That major event and dozens of other overflow and incidents underscored the need for coordinated long-term solutions for wastewater compliance by the County.