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.
PSC Docket No. 11-329WW (Filed July 29, 2011)
IN THE MATTER OF THE APPLICATION OF TIDEWATER ENVIRONMENTAL SERVICES, INC. FOR A GENERAL RATE INCREASE. View Application
- TESI Application To Put Changes in Rates in Effect Under Bond dated August 17, 2011
- Rapciewicz's Testimony
- Esposito's Testimony
- O'Connor's Testimony
- Schedules and Maps
- PSC Order No. 8014 (August 23, 2011) - Order granting TESI's application to put changes in rates in effect under bond.
- TESI Filing (September 8, 2011) - Temporary Rates Effective 9/28/11 and Bond Filed by TESI.
- Updated Minimum Filing Requirement Schedules.
- The evidentiary hearing is scheduled for March 21-22, 2012 at the Commission's Dover office. You may refer to the Notice here.The parties have reached a proposed Settlement Agreement which is attached hereto. At the evidentiary hearing, the Hearing Examiner will consider whether adopting the proposed Settlement Agreement is in the public interest. Thereafter, the Hearing Examiner will issue his Findings and Recommendations. On a date not yet set, the Commissioners will vote at a public meeting as to whether to approve the proposed Settlement Agreement.
- Howard Woods' Testimony on behalf of the DPA
- Testimony of PSC Staff consultants Robert Henkes and Brian Kalcic
- Proposed Settlement Agreement
- Hearing Examiner's Report
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.
