WASTEWATER REGULATION IN DELAWARE
- 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.- Delaware Tariff
- Chapel Green Homeowners Association
- Inland Bays Preservation Co.
- Moore Grant Sanitation, Inc.
- Oak Crest Farms
- Tidewater Environmental Services, Inc. - Delaware Tariff
- Wastewater Utilities, Inc.
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.
IN THE MATTER OF THE APPLICATION OF ARTESIAN WASTEWATER MANAGEMENT, INC. FOR AUTHORITY TO INCREASE EXISTING RATES AND CHARGES FOR WASTEWATER SERVICE (FILED JANUARY 18, 2013) - PSC Docket No. 13-27WW
On January 18, 2013, Artesian Wastewater Management, Inc. ("AWMI") filed with the Delaware Public Service Commission (the "Commission") an application (the "Application") requesting the authority to implement, on and after March 20, 2013, a proposed increase in its monthly flat rate charge for wastewater service from $75.00/EDU to $98.00/EDU and to allow changes in AWMI's miscellaneous tariff charges.
In the Application, AWMI represents that it is seeking an increase in annual wastewater revenues of $342,608, which is a 34.8% increase over pro forma annual flat rate wastewater revenues and a 19.8% increase over total wastewater revenues.
In Commission Order No. 8301 (Feb. 21, 2013), the Commission held that, pursuant to the authority granted to the Commission by 26 Del. C. Section 306(a)(1), AWMI's filing shall be suspended pending full and complete evidentiary hearings into the justness and reasonableness of the proposed new rates and tariff sheets and a final decision of the Commission.
In a filing dated May 31, 2013, AWMI reduced its request for a rate increase to $88 per month. Currently, the rate is $75 per month and AWMI's application had originally requested that the rate increase to $98 per month. Please review the Supplemental Direct Testimony below as to the reasons why AWMI amended its filing.
The result in this docket will affect the following ten (10) Delaware residential developments:
- Stonewater Creek
- Heron Bay
- Beaver Creek
- Meadows of Beaver Creek
- Reserves at Lewes Landing
- Shoreview Woods
- Oakwood Village
- Independence Run
- AWMI's Rate Application
- Direct Testimony of Brian C. Carbaugh, P.E.
- Direct Testimony of David L. Valcarenghi and Schedules
- Procedural Schedule
- Transcript of Public Comment Session held in Lewes, DE on Monday, May 6, 2013
- Supplemental Direct Testimony of AWMI's David L. Valcarenghi with supporting documents.
- Direct Testimony of Amy Woodward on behalf of Commission Staff.
- Direct Testimony of Vincent Ikwuagwu on behalf of Commission Staff.
- Direct Testimony of Toni Loper on behalf of Commission Staff.
- Direct Testimony of Howard Woods on behalf of the Attorney General.
- Rebuttal Testimony of David L. Valcarenghi and Exhibits
- The Evidentiary Hearing for this matter is scheduled to begin on Tuesday, August 6, 2013 at 10:00 am. Please see the Public Notice for more information.
- Proposed Settlement Agreement
- TRANSCRIPT OF THE EVIDENTIARY HEARING IN THE MATTER OF THE APPLICATION OF ARTESIAN WASTEWATER MANAGEMENT, INC. FOR AUTHORITY TO IMPLEMENT A RATE INCREASE HELD ON AUGUST 6, 2013.
- Hearing Examiner's Report dated August 20, 2013
On Tuesday, October 8, 2013, the Commission approved the Application of Artesian Waste Water Management, Inc. to implement a rate increase which applies to all of its customers. The Commission's Order adopted the Hearing Examiner's recommendation that the Commission approve the Settlement Agreement agreed to by the Company, the Public Advocate and Commission Staff.
The Commission approved a two-step rate increase of $10 per month per Equivalent Dwelling Unit ("EDU"). The first step-a $5 per month increase to $80.00 per EDU-is effective October 9, 2013. The second step - a second $5 per month increase to $85.00 per EDU-will become effective on September 14, 2014. The Commission also set the Company's Return on Equity at 10%. A link to the Commission's Order is contained here.
IN THE MATTER OF THE JOINT APPLICATION OF YMG CORPORATION AND TIDEWATER ENVIRONMENTAL SERVICES, INC. FOR APPROVAL OF TRANSFER OF ASSETS AND CPCN; APPLICATION OF TIDEWATER ENVIRONMENTAL SERVICE INC. FOR A GENERAL RATE INCREASE FOR CUSTOMERS OF THE PLANTATIONS RESIDENTIAL COMMUNITY WASTEWATER SYSTEM (Filed November 7, 2012) - PSC Docket No. 12-497
IN THE MATTER OF THE APPLICATION OF TIDEWATER ENVIRONMENTAL SERVICES, INC. FOR A GENERAL RATE INCREASE FOR CUSTOMERS WASTEWATER OF THE PLANTATIONS RESIDENTIAL COMMUNITY WASTEWATER SYSTEM (FILED NOVEMBER 7, 2012) - PSC Docket No. 12-498WW
- Direct Testimony of Howard Woods, Jr. P.E.
- Direct Testimony of Intervener Homeowners Committee
- Rebuttal Testimony of Joint Applicants, TESI & YMG
- Proposed Settlement Agreement
- Committee's Objections to the Proposed Settlement Agreement Dated June 4, 2013
- Hearing Examiner's Report Dated June 25, 2013
- On August 13, 2013, the Commission entered Order No. 8384 transferring the CPCN to TESI and Order No. 8383 approving the parties Settlement Agreement, including a rate increase. See Order here.
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.
- 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.