Delaware Administrative Code
Title 7 - Natural Resources and Environmental Control
100 - Office of the Secretary
101 - Regulations Governing Delaware's Coastal Zone
Section 101-3.0 - Definitions
Many terms which appear in these regulations are defined in the Coastal Zone Act and the Coastal Zone Conversion Permit Act. Terms not defined in the Coastal Zone Act or the Coastal Zone Conversion Permit Act shall have the following meanings:
"Administratively Complete" means a coastal zone permit application, modification application, or status decision request that is signed, dated, and contains, in the opinion of the Secretary, complete, substantive responses to each question, a sufficient offset proposal, if applicable, and includes the appropriate application fee and all enclosures the applicant has referenced in the application.
"Anticipated Useful Life" means the period of time that an applicant or permittee expects to operate a facility that requires a Coastal Zone conversion Permit.
"Applicant" means a person who is preparing to submit or who has submitted a Coastal Zone Act or Coastal Zone Conversion Permit Act application.
"Beneficiary" means the Department of Natural Resources and Environmental Control, not including individual employees.
"Board" means the State Coastal Zone Industrial Control Board.
"Bulk Product" means loose masses of cargo such as oil, grain, gas, and minerals, which are typically stored in the hold of a vessel. Cargoes such as automobiles, machinery, bags of salt, and palletized items that are individually packaged or contained are not considered bulk products in the application of this definition.
"Certify" means that all the data and other information provided are true and accurate.
"Conversion Permit" means a permit issued by the Secretary under 7 Del.C. § 7014 and these regulations for an alternative or additional use or bulk product transfer facility on a heavy industry use site.
"CZCPA" means Coastal Zone Conversion Permit Act.
"Department" means the Delaware Department of Natural Resources and Environmental Control and its employees.
"Docking Facility" means any structures and/or equipment used to temporarily secure a vessel to a shoreline or another vessel so that materials, cargo, and/or people may be transferred between the vessel and the shore, or between two vessels together with associated land, equipment, and structures so as to allow the receiving, accumulating, safekeeping, storage, and preparation of cargoes for further shipment and administrative maintenance purposes directly related to such receiving, accumulating, safekeeping, storage, and preparation of cargoes for further shipment.
"Environmental Damage" means harm to human health and the environment, including wildlife and wildlife habitat, which can result from such occurrences as pollution, releases of substances to air, land, and water, soil disturbance and erosion, alterations to drainage, filling of wetlands, habitat disturbance from light and noise, radiation, and others.
"Environmental Indicator" means a numerical parameter which provides scientifically-based information on important environmental issues, conditions, trends, influencing factors and their significance regarding ecosystem health. Indicators inherently are measurable, quantifiable, meaningful, and understandable. They are sensitive to meaningful differences and trends, collectible with reasonable cost and effort over long time periods, and provide early warning of environmental change. They are selected and used to monitor progress towards environmental goals.
"Expansion" means an increase in the overall processing capability of a use or facility.
"Exposed" means, in the context of planning for Sea Level Rise and Coastal Storms, being in physical contact with water that inundates an area.
"Extension" means an increase in the geographic footprint of a nonconforming use.
"Footprint" means the geographical extent of a non-conforming use as it existed on June 28, 1971, as depicted in Appendix B.
"NRSRO" means a Nationally Recognized Statistical Rating Organization that issues credit ratings and is registered with the United States Securities and Exchange Commission.
"Permit" means a permit issued under these regulations.
"Permittee" means an entity that has been issued a permit under these regulations.
"Pollutant" means a substance that causes pollution as defined in these regulations.
"Pollution" means an environmental release, as defined at Title 7 § 6002 (19), or adverse impacts on human populations, air and water quality, land, wetlands, flora and fauna, or to produce dangerous or onerous levels of glare, heat, noise, vibration, radiation, electromagnetic interference and obnoxious odors.
"Port of Wilmington" means those lands contained within the footprint labeled as "Port of Wilmington" and shown in Appendix B of these regulations.
"Potential to Pollute" means the potential to cause pollution or short and long term adverse impacts on human populations, air and water quality, wetlands, flora and fauna, or to produce dangerous or onerous levels of glare, heat, noise, vibration, radiation, electromagnetic interference and obnoxious odors. The Department will consider mitigating controls and risk management analysis reports from the applicant in evaluating a proposed use's potential to pollute. The Department shall consider probability of equipment failure or human error, and the existence of backup controls if such failure or error does occur, in evaluating an applicant's potential to pollute.
"Project Site" means the physical location at which a permitted facility operates, or the location where a facility that is the subject of an application will operate. A project site includes the property, facilities, equipment and infrastructure, and may comprise an entire tax parcel or parcels, or part of any tax parcel or parcels, however, its preliminary boundary shall be defined prior to the issuance of a permit, in the application for a permit, and its final boundary after a permit is granted by the Secretary, in the permit. For non-conforming uses, if a project site's boundary is not defined in a permit, the boundary is the footprint in Appendix B of these regulations.
"Public Recycling Plant" means any recycling plant or industrial facility whose primary product is recycled materials and which is owned and operated by any city, town, county, district or other political subdivision.
"Public Sewage Treatment Plant" means any device and/or system used in conveyance, storage, treatment, disposal, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature, which systems are under the jurisdiction of a city, town, county, district, or other political subdivision.
"Recycle" means the series of activities, including collection, separation, and processing, by which products or other materials are recovered from or otherwise diverted from the solid waste stream for use in the form of raw materials other than fuel for producing heat or power combustion.
"Research and Development Activity" means those activities in which research and development substances are used in quantities that are not greater than reasonably necessary for the purposes of scientific experimentation or product or process development. The research and development substances must either be the focus of research and development itself, or be used in the research and development activity focusing on another chemical or product. Research and development includes synthesis, analysis, experimentation or research on new or existing chemicals or products. Research and development encompasses a wide range of activities which may occur in a laboratory, pilot plants or commercial plant, for testing the physical, chemical, production, or performance characteristics of a substance, conducted under the supervision of a technically qualified individual. Research and development is distinct from ongoing commercial activities which focus on building a market for a product rather than just testing its market potential. General distribution of chemical substances or products to consumers does not constitute research and development.
"Secretary" means the Secretary of the Department of Natural Resources and Environmental Control and the Secretary's delegates or representatives.
"Significant Incident" means any occurrence that causes an unplanned shut down or process upset that causes an unplanned release of a "hazardous substance," as defined in the Comprehensive Environmental Response, Compensation and Liability Act Section 101(14), or hydrocarbon, whether the occurrence is natural, such as extreme weather, or resulting from human action, such as error, terrorism, vandalism, or other causes.
"Vessel" means any ship, boat or other means of conveyance that can transport goods or materials on, over, or through water.
"Voluntary Improvements" means improvements, for example, in emissions reductions, habitat creation and spill prevention -- provided that each is definite and measurable and which were made by a facility without any federal or state requirement to do so.
