Delaware Administrative Code
Title 7 - Natural Resources and Environmental Control
5000 - Division of Watershed Stewardship
7400 - Watershed Assessment Section
7407 - TMDLs for Nutrients for the Indian River, Indian River Bay and the Rehoboth Bay
Section 7407-2.0 - Total Maximum Daily Loads (TMDLs) Regulation for Indian River, Indian River Bay, and Rehoboth Bay, Delaware

Article 1. All point sources which are currently discharging into the Indian River, Indian River Bay, and Rehoboth Bay and their tributaries shall be eliminated systematically.

Article 2. The nonpoint source nitrogen loads from tributaries in the upper Indian River shall be reduced by 85 percent (from the base-line period of 1988 through 1990). These tributaries include Swan Creek, Iron Branch, Pepper Creek, Vines Creek, and Millsboro Pond. This shall result in reducing nitrogen loads from these tributaries during a normal rainfall year from 1285 kilograms per day (2833 pounds per day) to 193 kilograms per day (425 pounds per day).

Article 3. The nonpoint source phosphorous loads from tributaries in the upper Indian River shall be reduced by 65 percent (from the base-line period of 1988 through 1990). These tributaries include Swan Creek, Iron Branch, Pepper Creek, Vines Creek, and Millsboro Pond. This shall result in reducing phosphorous loads from these tributaries during a normal rainfall year from 38 kilograms per day (84 pounds per day) to 13 kilograms per day (29 pounds per day).

Article 4. The nonpoint source nitrogen loads from all remaining tributaries to the Indian River, Indian River Bay, and Rehoboth Bay shall be reduced by 40 percent (from the base-line period of 1988 through 1990). This shall result in reducing nitrogen loads from these tributaries during a normal rainfall year from 732 kilograms per day (1614 pounds per day) to 439 kilograms per day (968 pounds per day).

Article 5. The nonpoint source phosphorous loads from all remaining tributaries to the Indian River, Indian River Bay, and Rehoboth Bay shall be reduced by 40 percent (from the base-line period of 1988 through 1990). This shall result in reducing phosphorous loads from these tributaries during a normal rainfall year from 36 kilograms per day (79 pounds per day) to 22 kilograms per day (49 pounds per day).

Article 6. The atmospheric nitrogen deposition rate shall be reduced by 20 percent (from the base-line period of 1988 through 1990). This shall result in reducing the atmospheric nitrogen deposition rate from 765 kilograms per day (1687 pounds per day) to 612 kilograms per day (1349 pounds per day).

Article 7. Based upon hydrodynamic and water quality model runs and assuming implementation of reductions identified by Articles 1 through 6, DNREC has determined that, with an adequate margin of safety, water quality standards will be met.

Article 8. Implementation of this TMDL Regulation shall be achieved through development and implementation of a Pollution Control Strategy. The strategy will be developed by DNREC in concert with the Department's ongoing Whole Basin Management Program and the affected public.