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Delaware Headlines

DNREC temporarily reinstates stormwater rules thrown out by judge

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DNREC is adopting interim regulations for stormwater runoff plans on construction sites, after a judge threw out rules he said were passed improperly last year.

 

The agency says the temporary rules effectively reinstate those, along with the supporting technical documents that were the subject of the lawsuit from developers.

 

The lawsuit said DNREC didn't provide those details before implementing the regulations.

 

A judge ruled in favor of those developers last week. But he gave no opinion about whether DNREC should revert to old regulations, or reinstate the new ones.

 

DNREC was reviewing more than 300 public and private projects when the new laws were thrown out. They say they need the interim rules to keep those on schedule -- and they need to reinstate the newest version, or recent projects would have to be redesigned.

 

The interim regulations will be in effect for up to 180 days. DNREC is planning a standard public process on all the aspects of the rules during that time -- in accordance with the state law the judge said they violated the first time around.

 

The agency say the temporary rules effectively reinstate those, along with the supporting technical documents that were the subject of the lawsuit from developers.

 

The lawsuit said DNREC didn't provide those details before implementing the regulations.

A judge ruled in favor of those developers last week. But he gave no opinion about whether DNREC should revert to old regulations, or reinstate the new ones.

DNREC says they was reviewing more than 300 public and private projects when the new laws were thrown out. They say they need the interim rules to keep those on schedule -- and they need to reinstate the newest version, or recent projects would have to be redesigned.

The interim regulations will be in effect for up to 180 days. DNREC is planning a standard public process on all the aspects of the rules during that time -- in accordance with the state law the judge said they violated the first time around.

 

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