~ Water Resources Association ~

Water Resource Associations of the Delaware River Basin

Jul '08

DRBC Approves Special Protection Waters Designation for the Lower Delaware

At the July 16, 2008 Delaware River Basin Commissioner’s meeting the rules finalizing the Special Protection Waters designation for the lower Delaware River (Delaware Water Gap downriver to Trenton) was adopted. Although the process took seven years to complete it was not until last fall that draft regulatory language was unveiled. Public workshops were held in mid-October 2007, WRA held a conference on the topic in early November and the public hearing was held on December 4 with the comment period closing on December 6.

The entire process was protracted but the teeth to it, the regulation, was compressed into a seven week period. As always, the “devil is in the details” and the regulated community, especially the major cities, authorities and municipalities in the Lehigh River Basin that have discharges, were caught somewhat by surprise as to their complexity and possible impact to their facilities. There was concern that they didn’t have enough time to fully evaluate the rules and understand their possible consequences. Questions were also raised as to whether parts of the regulation were too restrictive and that facility upgrades would not provide the benefit that the rule was intended for. Cost versus benefit issues were also cited.

The rule is now in place but it remains to be seen as to how it will be implemented as new and renewal dockets are processed by the Commission.