disposal of solid waste which specifies a schedule of remedial measures, including an enforceable sequence of actions or operations, leading to compliance with the prohibition on open dumping of solid waste within a reasonable time (not to exceed 5 years) from the date of publication of criteria under paragraph (g)(1) of this section. (h) (1) Subject to subsection (f) of this section, the Secretary shall establish procedures for the issuance of water allocation permits which shall be granted concurrently with any license or permit to construct, extend or operate an irrigation well or surface water intake on any farm or farmland in the State. A water allocation permit issued pursuant to this subsection shall reserve the right of the person to whom the permit is issued to utilize up to 20 acre-inches per year, but not more than 10 acre-inches per month. (2) For the purposes of this subsection: a. An "acre-inch" of water is the amount of water required to cover 1 acre of land to a depth of 1 inch and is equal in volume to 27,154 gallons of water. b. An "irrigation well" is an agricultural well which is used exclusively for the watering of lands or crops other than household lawns and gardens. (i) The Secretary shall waive the requirements of § 6004(b) of this title for irrigation wells if: (1) The permit application is submitted between and April 1 and October 1, inclusive; (2) The permit application is to replace an existing irrigation well; (3) The existing well has a valid allocation permit; and (4) The replacement well will not exceed allocation permitted amounts. (j) An emergency circumstance is deemed to exist if a well will replace an existing well and if the Department of Agriculture and/or the Department of Natural Resources and Environmental Control determines that the lack of water or delay in obtaining water poses an immediate and significant danger to the health or welfare of persons or their property, or if 1 or both of the Departments have determined that other exceptional circumstances exist. Verbal approval must be given for the installation of a well if an emergency circumstance exists, provided that: (1) Within 72 hours after the verbal issuance of a permit number under emergency circumstances, the applicant submits to the Department a well permit application and well completion report, which must include the permit number. (2) All wells constructed under emergency circumstances must be constructed in conformance with all applicable regulations and officially established policies. (k) If an emergency circumstance exists when State offices are closed, a well may be constructed, providing that it replaces an existing well and that the Department is notified verbally on the first working day following such action. A well permit application, including the well permit number, the appropriate application fee, and a well completion report must be submitted within 72 hours after notification. (l) The following persons shall serve on an advisory committee that oversees the agriculture irrigation well procedures: (1) The Secretary of Agriculture, or the Secretary's designee; (2) The Secretary of the Department of Natural Resources and Environmental Control, or the Secretary's designee; (3) One person to represent the Delaware Farm Bureau; (4) One person to represent the Fruit and Vegetable Growers Association of Delaware; (5) One person who is an irrigation dealer; (6) One person who is a commercial irrigation well driller; (7) One person from the University of Delaware Water Resources Agency; and (8) One person from the Delaware Geological Survey. The Secretary of Agriculture and the Secretary of the Department of Natural Resources and Environmental Control shall determine that the committee members meet the above descriptions. The Secretary of Agriculture, or the Secretary's designee, shall serve as the chairperson of the advisory oversight committee. (m) Notwithstanding any law, regulation, or policy to the contrary, the Secretary may require public hearings required by this section to follow all of the following procedures: (1) Allow the public in-person attendance and opportunity to give public comment. (2) May allow the public to virtually attend and give public comment in addition to in-person attendance and public comment. (3) Allow all persons wanting to give public comment the opportunity to sign up at and during the public hearing to do so. (4) All public hearings must be properly noticed. (5) The time allowed for public comment must be 3 minutes unless in the judgment of the presiding hearing officer the number of persons desiring to give public comment is significant and necessitates placing a time limit thereon. In no event shall public comment be limited to less than 1 minute per person.
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