Kent County Levy Court Announces Agreement with DNREC to Improve Wastewater Infrastructure and Protect Water Quality

The Delaware Department of Natural Resources and Environmental Control (DNREC) and the Kent County Levy Court have signed a Conciliation Order by Consent that resolves past wastewater treatment and sanitary sewer overflow violations and requires the County to enhance wastewater infrastructure, improve operational reliability and safeguard Delaware’s waterways.

The Consent Order addresses compliance challenges and wastewater permit violations documented from 2017 to the present at Kent County’s Regional Wastewater Treatment Facility in Milford and throughout the County’s collection system. These challenges included:

• Sanitary Sewer Overflows (SSOs) from deteriorating infrastructure and during heavy rain events;
• Effluent discharge exceedances involving bacteria and suspended solids;
• Maintenance and operational issues at the treatment plant.

Under the agreement, Kent County is required to complete a multi-year series of corrective actions with oversight from DNREC’s Division of Water. The actions are designed to reduce the risk of future violations, protect public health and improve water quality in the Murderkill River and its tributaries.

Key Corrective Actions

These actions include:

• Biosolids Capacity Expansion Project to improve solids management;
• Grit system upgrades;
• UV disinfection upgrades;
• Backup generator installations at priority pump stations;
• Comprehensive pipeline condition assessment;
• Engineering evaluations of County and municipal collection systems to address infiltration and inflow (I&I);
• Quarterly progress reports to DNREC.

These projects will enhance the treatment plant’s performance, reduce overflows and improve compliance with state and federal water quality standards.

Penalties and Environmental Investments

As part of the agreement, Kent County will pay a $400,000 administrative penalty. Half of that amount will be directed to the State of Delaware, while the remaining $200,000 will fund a Supplemental Environmental Project – I&I Fund to support projects to reduce infiltration and inflow into non-county owned municipal sewer systems due to stormwater contributions and elevated groundwater conditions. The fund will support targeted infrastructure improvements and environmental offsets to address source reduction and pollution prevention.

Background

Kent County’s wastewater system serves residents within the County and processes flows from multiple municipalities, including Dover, Smyrna, Milford, Harrington, Clayton and Camden-Wyoming. Many of these municipal systems are decades old, contributing stormwater and groundwater infiltration that can overwhelm treatment capacity during severe weather events.

In April 2022, a major rainstorm contributed to a discharge of partially treated wastewater into The Gut, a tributary of the Murderkill River. That major event and dozens of other overflow and incidents underscored the need for coordinated long-term solutions for wastewater compliance by the County.

Statements from Both Parties

“Kent County is committed to modernizing our wastewater system and protecting the health of our waterways,” said President Joanne Masten, Kent County Levy Court. “This agreement reflects our dedication to working with DNREC to achieve lasting solutions.

“This Consent Order provides a clear roadmap for corrective action and measurable improvements in Kent County’s wastewater system, providing stronger safeguards for Delaware’s water resources,” said DNREC Secretary Gregory Patterson.

The Consent Order will remain in effect until all corrective actions are completed, with provisions allowing for DNREC oversight, collaboration and enforcement through January 1, 2030.

About DNREC
The Delaware Department of Natural Resources and Environmental Control protects and manages the state’s natural resources, protects public health, provides outdoor recreational opportunities and educates Delawareans about the environment. For more information, visit the website and connect with @DelawareDNREC on YouTube, Facebook, Instagram, X (formerly known as Twitter) or LinkedIn.

About Kent County Levy Court
The Kent County Levy Court serves as the County’s governing body, providing essential public services and infrastructure for residents and communities across Kent County, Delaware.

Media contacts:
DNREC: Michael Globetti, michael.globetti@delaware.gov
Kent County Levy Court: Kelly Pitts, Kelly.Pitts@kentcountyde.gov

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