Delaware Administrative Code
Title 7 - Natural Resources and Environmental Control
5000 - Division of Watershed Stewardship
7400 - Watershed Assessment Section
7401 - Surface Water Quality Standards
Section 7401-7.0 - Critical Flows
Current through Register Vol. 28, No. 3, September 1, 2024
7.1 For all waters of the State, all water quality standards and criteria, except those for toxic substances, shall not apply at those times when the freshwater flow or net advective flow falls below that value that is equal to the flow of 7-day duration with recurrence interval of 10 years (generally known as the 7Q10 or the Q7-10). However, at all times all waters shall be free of materials and substances as listed in subsection 6.5 .2.
7.2 For all waters of the state, water quality criteria for toxic substances as specified in subsection 4.6 .3 shall not apply at those times when the freshwater or net advective flow falls below the following values:
7.3 These critical flows shall also be used as design flows for developing water quality-based discharge limitations for the referenced groups of parameters. The Department shall consider scientifically reasonable requests for seasonally adjusted flows or the use of dynamic modeling techniques for this purpose on a case-by-case basis.
7.4 Nothing in Section 7.0 shall be construed as allowing any reduction in efficiency of, or suspension of, required pollution control practices, whether applied to point or nonpoint sources, during periods when flows are less than those specified for suspension of standards applicability in subsections 7.1 -7.3.