WASTEWATER REGULATION IN DELAWARE |
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- Role of the Commission
- Regulated Utilities
- Consumer Information
- Important or Pending Cases at the Commission
- Local, Regional, and National Issues
On July 6, 2004, legislation was enacted by the Delaware General Assembly, found at 74 Delaware Laws, Chapter 317, which granted the Commission jurisdiction to regulate non-governmental wastewater utilities having fifty or more customers in the aggregate. This authority includes the jurisdiction to grant and revoke Certificates of Public Convenience and Necessity (CPCNs). The Commission has adopted rules, regulations and procedures necessary to implement this authority.
The Commission's responsibility is review all CPCN applications for non-governmental wastewater utilities in Delaware. Each regulated wastewater utility is required to submit a rate filing and tariff containing the rates and terms of service for its customers. Commission Staff reviews the financial viability of the wastewater utility, and the just and reasonableness of the rates and charges, and make recommendations to the Commission as appropriate.
The Commission does not regulate municipalities, governmental agencies and wastewater authorities and districts, or wastewater utilities serving fewer than 50 customers in the aggregate; nor does the Commission regulate individual septic systems.
To date, CPCNs have been granted the following wastewater utilities:
- Artesian Wastewater Management, Inc.
- Chapel Green Homeowners Association
- Excel Property Management LLC
- The Hamlet at Dirickson Pond, LLC
- Inland Bays Preservation Co.
- Moore Grant Sanitation, Inc.
- Oak Crest Farms
- Tidewater Environmental Services, Inc.
- Utility Systems Inc.
- Wastewater Utilities, Inc.
- YMG Corporation
There may be additional wastewater utilities subject to the jurisdiction of the Commission. Wastewater system operators, and customers of non-governmental community wastewater systems (not individual septic systems), are encouraged to contact the Commission to determine if this legislation is applicable.
- For general consumer information, including how to file a complaint, please visit our Consumer Assistance page.
- Delaware Public Service Commission Frequently Asked Questions (FAQs).
- The Ground Water Discharges Section of the Delaware Department of Natural Resources and Environmental Control ("DNREC") is responsible for overseeing all aspects of the siting, design and installation of on-site wastewater treatment and disposal systems (septic systems and community wastewater systems).
Visit the Regulated Utility Filings page for a listing of dockets, grouped by year and service type, opened by the Commission. Cases of significant importance or interest, such as rate cases, are also highlighted below.
All case related documents are available for review by appointment at the Commission Office in Dover, Delaware, or at the Office of the Public Advocate in Wilmington, Delaware.
- Pending Water and Wastewater CPCN Applications: Applications for a Certificate of Public Convenience and Necessity (CPCN) filed by water and wastewater utilities are available for review from this page.
- PSC Regulation Docket No. 55: PSC Order No. 6661 adopted final regulations concerning the Minimum Standards For Service Provided by Wastewater Utilities subject to the jurisdiction of the Commission, effective July 10,2005.
- PSC Regulation Docket No. 54: PSC Order No. 6573, adopted final Regulations Concerning The Jurisdiction Of The Public Service Commission To Grant And Revoke Certificates Of Public Convenience And Necessity To Provide Wastewater Services, effective April 10, 2005.
LOCAL, REGIONAL, AND NATIONAL ISSUES
- Legislation signed into law on July 7, 1994 (29 Del. C., Chapter 80, Section 8011) created a Wastewater Facilities Advisory Council to serve in an advisory capacity to the Governor, the Secretary of DNREC and the Director of Water Resources. One of the duties of the Council is to evaluate, establish, recommend, and adopt a long-term plan for funding wastewater facility capital projects. The 2003 Long-Term Wastewater Funding Plan (FY2004 - FY 2009) is available from the DNREC website.
