Kent County, Del., enters consent order to overhaul wastewater system

The Kent County order resolves SSOs, bacterial and suspended solids effluent breaches, and various operational lapses at the regional treatment plant.


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In response to persistent permit violations and infrastructure failures, Kent County Levy Court has entered into a Conciliation Order by Consent with Delaware’s Department of Natural Resources and Environmental Control (DNREC). The agreement charts a path toward modernizing the county’s wastewater operations and protecting local waterways.

Key takeaways for facility managers and utility planners:

  • Compliance and violations addressed: The order resolves Sanitary Sewer Overflows (SSOs), bacterial and suspended solids effluent breaches, and various operational lapses at the regional treatment plant in Milford and throughout the collection system.

  • Comprehensive corrective actions outlined: The county must execute a multi-year program of upgrades including:

    • Expansion of biosolids handling capacity

    • Upgrades to grit and UV disinfection systems

    • Installation of backup generators at key pump stations

    • Full pipeline condition assessments

    • Engineering reviews of municipal systems to mitigate infiltration and inflow (I&I)

  • Oversight and timeline: DNREC’s Division of Water will monitor quarterly progress until full implementation. The consent order remains active through Jan. 1, 2030.

  • Enforcement and environmental investment: Kent County faces a $400,000 administrative penalty, half of which funds a Supplemental Environmental Project (I&I Fund) to upgrade non-county municipal sewer systems vulnerable to stormwater intrusion and groundwater infiltration.

  • Service area implications: The county wastewater system serves multiple municipalities, including Dover, Smyrna, Milford, Clayton, Harrington, and Camden‑Wyoming—many with aging infrastructure prone to inflow issues and capacity strain during wet weather.

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