Skip to Page Content
Delaware.gov  |  Text OnlyGovernor | General Assembly | Courts | Elected Officials | State Agencies
 Photo: Featured Delaware Photo
 
 
 Phone Numbers Mobile Help Size Print Email

Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsApril 2016

Table of Contents Previous Next

Regulatory Flexibility Act Form

Authenticated PDF Version

7 DE Admin. Code 1301
Delaware’s Regulations Governing Solid Waste (DRGSW)
2. To implement the provisions of 7 Del.C. Ch. 60, which directs the Department to put into effect a program for improved solid waste storage, collection, transportation, processing, transfer, and disposal by providing that such activities may henceforth be conducted only in an environmentally acceptable manner pursuant to a permit obtained from the Department.
100 Year Flood” means a flood that has a one percent or greater chance of recurring in any given year or a flood of a magnitude equaled or exceeded once in 100 years on the average over a significantly long period.
"Action Leakage Rate" means the quantity of liquid collected from a leak detection system of a double liner system over a specified period of time which, when exceeded, requires certain actions to be taken as described in the Action Leakage Rate response plan approved by the Department.
"Active Life" means the period of operation beginning with the initial receipt of solid waste and ending at the completion of closure activities.
"Active Portion" means that portion of a facility that presently has an operating permit issued by the Department of Natural Resources and Environmental Control.
"Agricultural Waste" means carcasses of poultry or livestock, crop residue, or animal excrement.
"Aquifer" means a geologic formation, group of formations, or part of a formation capable of yielding a significant amount of ground water to wells, springs or surface water.
"ASTM" means the American Society for Testing and Materials.
"Authorized Representative" means the person responsible for the overall operation of a facility or an operational unit (i.e., part of a facility), e.g., the plant manager, landfill manager, superintendent, or person of equivalent responsibility.
"Bottom Ash" means the residue remaining in the bottom of the combustion chamber of an incinerator after the combustion of fuel or waste.
"Buffer Zone" means those onsite areas adjacent to the facility property line which shall be left undeveloped during the active life as well as the inactive life of the facility.
"Bulky Waste" means items whose large size or weight precludes or complicates their handling by normal collection, processing, or disposal methods.
"Cap" or "Capping System" means the material used to cover the top and sides of a sanitary or industrial landfill when fill operations cease.
"Cell" means a discrete engineered area that is designed for the disposal of solid waste and that is a subpart of a landfill.
"Certification" means a statement of professional opinion based upon knowledge and belief.
"CFR" means the Code of Federal Regulations.
"Clay", as a soil separate, means the mineral soil particles less than 0.002 mm in diameter. As a soil textured class, "CLAY" means soil material that is 40% or more clay, less than 45% sand, and less than 40% silt. Clay used as a liner or cap should be classifiable as a CL or CH (Unified Soil Classification System) with a liquid limit between 30 and 60, should place above the A-line on the plasticity chart, and should have a minimum plastic index of 15. A clay liner should have a cation exchange capacity greater than 15 meq/100 grams and be in the neutral pH range.
"Clean Fill" means a non-water-soluble, non-decomposable, environmentally inert solid such as rock, soil, gravel, concrete, broken glass, and/or clay or ceramic products.
"Closed Portion" means that portion of a facility which an owner or operator has closed in accordance with the approved facility closure plan and all other applicable closure requirements.
Closure" means the cessation of operation of a facility or a portion thereof and the act of securing such a facility so that it will pose no significant threat to human health or the environment.
"Closure Plan" means written reports and engineering plans detailing those actions that will be taken by the owner or operator of a facility to effect proper closure of that facility or a portion thereof.
"Commercial Waste" means solid waste generated by stores, offices, restaurants, warehouses, and other non-manufacturing, non-processing activities.
"Compost" means a product of composting that has been stabilized to a humus-like product, is free of pathogens at an infectious level and of viable plant seeds, that does not attract insects or vectors, can be handled and stored without nuisance, and is beneficial to the growth of plants.
"Composting" means the biological decomposition and stabilization of organic material, under conditions that allow development of thermophilic temperatures as a result of biologically produced heat, to produce a final product that is stable, free of pathogens and viable plant seeds, and can be beneficially applied to the land.
"Composting Facility" means a facility where organic material is processed using composting technology which may include but is not limited to physical turning, windrowing, in vessel composting, or other mechanical handling of organic material.
"Confined Aquifer" means an aquifer containing ground water which is everywhere at a pressure greater than atmospheric pressure and from which water in a well will rise to a level above the top of the aquifer. A confined aquifer is overlain by material of distinctly lower permeability ("confining bed") than the aquifer.
"Contaminant" means any substance that enters the environment at a concentration that has the potential to endanger human health or degrade the environment.
"Controlling Slopes" means slopes on those areas of a liner that have a direct influence on the maximum leachate head, or slopes that are perpendicular to the collection laterals.
"Daily Cover" means a layer of compacted earth, or other suitable material as approved by the Department, used to enclose a volume of solid waste each working day.
"Department" means The Department of Natural Resources and Environmental Control.
"Dike" means an embankment or ridge of either natural or man-made materials used to prevent or to control the movement of solids, liquids, or other materials.
"Discharge" means the accidental or intentional spilling, leaking, pumping, pouring, emitting, emptying, or dumping of a substance into or onto any land, water, or air.
"Disposal" means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste into or upon any land or water.
"Disposal Facility" means any facility or portion of a facility at which solid waste is intended to be and/or is intentionally placed into or onto any land and at which solid waste will remain after closure has taken place.
"Double Liner System" means a liner system consisting of two liners with a leachate detection and collection system in between.
"Dry Waste" (formerly called "Inert Solid Waste") means wastes including, but not limited to, plastics, rubber, lumber, trees, stumps, vegetative matter, asphalt pavement, asphaltic products incidental to construction/demolition debris, or other materials which have reduced potential for environmental degradation and leachate production.
Enclosed by a Building” means a permanent fixed structure surrounded on all sides by four solid walls, a structurally sound roof, and an impermeable floor, with no permanent openings.
"Enclosed by a trailer" means an unaltered, prefabricated metal structure, fully enclosed, sound in construction, and designed for use as a shipping container (e.g., a semi-truck trailer).
"Environmental Assessment" means a detailed and comprehensive description of the condition of all environmental parameters as they exist at and around the site of a proposed action prior to implementation of the proposed action. This description is used as a baseline for assessing the environmental impacts of a proposed action.
"Environmentally Unsound" means characterized by any condition, resulting from the methods of operation or design of a facility, which impairs the quality of the environment when compared to the surrounding background environment or any appropriate promulgated federal, state, county or municipal standard.
"Existing Facility" means a facility which was in operation or for which construction had commenced on or before the date of enactment of these regulations, provided that the facility was being constructed or operated pursuant to all permits and/or approvals required by the Department at the time of enactment. A facility has commenced construction if either:
"Expansion" means the process of increasing the areal dimensions, vertical elevations, or slopes beyond the original approved limits of the facility.
"Facility" means all contiguous land, and structures, other appurtenances, and improvements on the land, used in resource recovery and/or the treatment, handling, composting, storage, or disposal of solid waste. A facility may consist of several operational units (e.g., one or more landfills, cells, incinerators, compactors, or combinations thereof).
"Final Cover" means the material used to cover the top and sides of a landfill cell when fill operations cease.
"Flood Plain" means the lowland and relatively flat areas adjoining inland and coastal waters, that are inundated by the 100 YEAR FLOOD.
"Fly Ash" means a powdery residue resulting from the combustion of fuel or waste and captured by air pollution control equipment prior to exiting the smokestack.
"Free Liquids" means liquids which readily separate from the solid portion of a waste under ambient temperature and pressure, using any or all of the following tests: EPA Paint Filter Test; EPA Plate Test; EPA Gravity Test.
"Garbage" means any putrescible solid and semisolid animal and/or vegetable wastes resulting from the production, handling, preparation, cooking, serving or consumption of food or food materials.
"Generation" means the act or process of producing solid waste.
"Generator" means the producer or the source of the solid waste.
"Geomembrane" means a prefabricated continuous sheet of flexible polymeric or geosynthetic material.
Gross Vehicle Weight Rating (GVWR) or gross vehicle weight means the value specified by the manufacturer as the loaded weight of a single vehicle.
"Ground Water" means any water naturally found under the surface of the earth.
"Hazardous Waste" means a solid waste, or combination of solid wastes, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating irreversible, illness, or pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise managed. Without limitation, included within this definition are those hazardous wastes described in Sections 261.31, 261.32, and 261.33 of the Delaware Regulations Governing Hazardous Waste.
"Household Waste" means any solid waste derived from households (including single and multiple residences, hotels and motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds, and day-use recreation areas).
"Hydraulic Conductivity" means the capacity to transmit water. It is expressed as the volume of water that will move in a unit of time under a unit hydraulic gradient through a unit area.
"Impermeable" means having a hydraulic conductivity equal to or less than 1 x 107 cm/sec as determined by field and laboratory permeability tests made according to standard test methods which may be correlated with soil densification as determined by compaction test.
"Industrial Landfill" means a land site at which industrial waste is deposited on or into the land as fill for the purpose of permanent disposal, except that it will not include any facility that has been approved for the disposal of hazardous waste under the Delaware Regulations Governing Hazardous Waste.
"Industrial Waste" means any water-borne liquid, gaseous, solid, or other waste substance or a combination thereof resulting from any process of industry, manufacturing, trade or business, or from the development of any agricultural or natural resource.
"Infectious Waste": see subsection 11.3 for definitions pertaining to infectious waste.
"Institutional Waste" means solid waste that is generated by institutional enterprises such as social, charitable, educational, and government services and that is similar in nature to household waste.
"Intermediate Cover" means a layer of compacted earth, or other suitable material as approved by the Department, applied to a partially completed landfill.
"Landfill" means a natural topographic depression and/or man-made excavation and/or diked area, formed primarily of earthen materials, which has been lined with man-made and/or natural materials or remains unlined and which is designed to hold an accumulation of solid wastes.
"Leachate" means liquid that has passed through, contacted, or emerged from solid waste and contains dissolved, suspended, or miscible materials, chemicals, and microbial waste products removed from the solid waste.
"Lift" means a completed series of compacted layers within a cell.
"Liner" means a continuous layer of impermeable material beneath and on the sides of a landfill or landfill cell.
"Liquid Waste" means a waste that contains less than 20 percent solids or releases free liquids.
"Local Agency" means any special district, authority, municipality, county, or any other political subdivision.
"Materials Recovery Facility" means a facility at which materials, other than source separated materials, are recovered from solid waste for recycling or for use as an energy source.
"Municipal Solid Waste" means household waste and solid waste that is generated by commercial, institutional, and industrial sources and is similar in nature to household waste.
"Municipal Solid Waste Ash" means the ash resulting from the combustion of municipal solid waste in a thermal recovery facility.
"New Sanitary Landfill Cell" means any municipal solid waste landfill unit which has not received waste prior to the effective date of these regulations. "Sanitary Landfill Cell" has the same meaning as "Municipal Solid Waste Landfill Unit" in the RCRA Subtitle D (40 CFR Part 258) Regulations.
"New Solid Waste Facility" means a facility which was not in operation or for which construction had not commenced on or before the date of enactment of these regulations.
Non-commercial capacity” means not for a profit; receiving a reimbursement, monetary or otherwise; or receiving other compensation.
"Onsite" means on the same or geographically contiguous property which may be divided by public or private right-of-way. Noncontiguous properties owned by the same person but connected by a right-of-way which the owner controls and to which the public does not have access are also considered onsite property.
"Open Burning" means the combustion of solid waste without:
"Operator" means the person responsible for the overall operation of a solid waste facility.
"Owner" means the person who owns a facility or any part of a facility.
Passenger Tire Equivalent” means a conversion measurement using the assumption that one passenger car tire is equal to 25 pounds. A tire weighing more than 25 pounds shall be evaluated by dividing its total weight by 25 pounds to equal the number of PTEs.
"Permittee" means a person holding a permit issued by the Department pursuant to this regulation.
"Person" means any individual, trust, firm, joint stock company, federal agency, partnership, corporation (including a government corporation), association, state, municipality, commission, political subdivision of a state, any interstate body, company, society, or any organization of any form.
"Personnel" or "Facility Personnel" means all persons who work at, or oversee the operations of, a solid waste facility, and whose actions or failure to act may result in noncompliance with the requirements of the Delaware Solid Waste Regulations or other regulations under the jurisdiction of the State of Delaware.
"Postclosure Care" means maintenance and long-term monitoring of, and financial responsibility for, a closed facility.
Prudent or practical” means:
"Recharge Area" means that portion of a drainage basin in which the net saturated flow of ground water is directed away from the water table.
"Recyclable Material" means a solid waste that exhibits the potential to be used repeatedly in place of a virgin material.
"Recycling" means the process by which recyclable materials, which would otherwise be disposed of as solid waste, are returned to the economic mainstream in the form of raw materials or products.
"Refuse" means any putrescible or nonputrescible solid waste, except human excreta, but including garbage, rubbish, ashes, street cleanings, dead animals, scrap tire(s), offal and solid agricultural, commercial, industrial, hazardous and institutional wastes, and construction wastes.
"Regulated Medical Waste": see subsection 11.3 for definitions pertaining to Regulated Medical / Infectious Waste.
"Resource Recovery" means the process by which materials, excluding those under control of the Nuclear Regulatory Commission, which still have useful physical or chemical properties after serving a specific purpose are reused or recycled for the same or another purpose, including use as an energy source.
"Resource Recovery Facility" means a facility that is either a Materials Recovery Facility Or A Thermal Recovery Facility.
"Rubbish" means any nonputrescible solid waste, excluding ashes, such as cardboard, paper, plastic, metal or glass food containers, rags, waste metal, yard clippings, small pieces of wood, excelsior, rubber, leather, crockery, and other waste materials.
"Runoff" means any precipitation that drains over land from any part of a facility.
"Runon" means any precipitation that drains over land onto any part of a facility.
"Salvaging" means the controlled removal of solid waste from any facility for reuse of the waste material.
Sanitary Landfill" means a land site at which solid waste is deposited on or into the land as fill for the purpose of permanent disposal, except that it will not include any facility that has been approved for the disposal of hazardous waste under the Delaware Regulations Governing Hazardous Waste.
"Sanitary Landfill Cell Boundary" means a vertical surface located at the hydraulically downgradient limit of the cell. This vertical surface extends down into the uppermost aquifer. "Sanitary Landfill Cell Boundary" has the same meaning as "Waste Management Unit Boundary" in the RCRA Subtitle D (40 CFR Part 258) Regulations. "Sanitary Landfill" has the same meaning as "MSWLF" in the RCRA Subtitle D (40 CFR Part 258) Regulations.
"Saturated Zone" means that part of the earth's crust in which all the voids are filled with water.
"Scavenging" means the uncontrolled and/or unauthorized removal of solid waste from any facility.
Scrap tire” means:
Scrap tire facility” means an accumulation of 100 or more scrap tires wherein each scrap tire weighs 25 pounds or less; or 100 or more scrap passenger tire equivalents; or any combination thereof that, upon conversion, results in 100 or more passenger tire equivalents, in the same general vicinity that is not enclosed by a building, including, but not limited to, open fields, woodlots, pavement, dumpsters or rolloffs, trailers, and fenced areas. For scrap tires weighing more than 200 pounds each, the first 10 scrap tires are exempt from the accumulation amount.
"Secretary" means the Secretary of the Department of Natural Resources and Environmental Control or his or her duly authorized designee.
"Setback" means the area between the actual disposal area and the property line which can be used for construction of environmental control systems such as runoff diversion ditches, monitoring wells, or scales; for scrap tire facilities, “setback” means the minimum amount of distance required between the most outer edge of the scrap tire facility and another object, including, but not limited to, a property line, public roads, wells, etc.
"Site" means the area of land or water within the property boundaries of a facility where one or more solid waste treatment, resource recovery, recycling, storage or disposal areas are located.
"Sludge" means any solid, semisolid, or liquid waste generated from a municipal, commercial, or industrial wastewater treatment plant, water supply treatment plant, or air pollution control facility exclusive of the treated effluent from a wastewater treatment plant.
"Solid Waste" means any garbage, refuse, rubbish, sludge from a waste treatment plant, water supply treatment plant or air pollution control facility and other discarded material, including solid, liquid, semisolid or contained gaseous material resulting from industrial, commercial, mining and agricultural operations, and from community activities, but does not include solid or dissolved material in domestic sewage, or solid or dissolved material in irrigation return flows or industrial discharges which are point sources subject to permits under 7 Del.C. Ch. 60, as amended, or source, special nuclear, or by-product material as defined by the Atomic Energy Act of l954, as amended.
"Source Separated" means divided into its separate recyclable components at the point of generation.
"Special Solid Wastes" means those wastes that require extraordinary management. They include but are not limited to abandoned automobiles, white goods, used tires, waste oil, sludges, dead animals, agricultural and industrial wastes, infectious waste, municipal ash, septic tank pumpings, and sewage residues.
"Storage" means the holding of solid waste for a temporary period, at the end of which time the solid waste is treated, disposed of, or stored elsewhere.
"Subbase" means the supporting soil layers beneath a liner.
"Surface Water" means water occurring generally on the surface of the earth.
"Thermal Recovery Facility" means a facility designed to thermally break down solid waste and to recover energy from the solid waste.
Tire” means a covering fitted around the rim of a vehicular wheel to absorb shocks, usually of reinforced rubber or a rubberized compound, and pressurized with air or by a pneumatic inner tube, including, but not limited to, car tires, truck tires, and off-the-road tires, and any substantial portion of such covering.
"Topsoil" means the friable dark upper portion of a soil profile that contains mineral substances and organic material in varying degrees of decomposition and is capable of supporting vegetation.
"Transfer Station" means any facility where quantities of solid waste delivered by vehicle are consolidated or aggregated for subsequent transfer by vehicle for processing, recycling, or disposal.
"Transportation" means the movement of solid waste by air, rail, water, over the roadway, or on the ground.
"Transporter" means any person engaged in the transportation of solid waste.
"Treatment" means the process of altering the physical, chemical, or biological condition of the waste to prevent pollution of water, air, or soil or to render the waste safe for transport, disposal, or reuse.
"Unconfined Aquifer" means an aquifer in which the upper surface of the zone of saturation is at atmospheric pressure.
"Uppermost Aquifer" means the geologic formation nearest the natural ground surface that is an aquifer, as well as, lower aquifers that are hydraulically interconnected with this aquifer within the facility's property boundary.
"Variance" means a permitted deviation from an established rule or regulation, or plan, or standard or procedure, as provided in 7 Del.C. Ch. 60.
"Vector" means a carrier organism that is capable of transmitting a pathogen from one organism to another.
"Vehicle" means a motorized means of transporting something. "Vehicle" includes both the motorized unit and all containerized units of a conveyance attached thereto.
"Water Table" means that surface in a ground water body at which the water pressure is atmospheric. It is defined by the levels at which water stands in wells that penetrate the water body just far enough to hold standing water.
Well" means any excavation that is drilled, cored, bored, washed, driven, dug, jetted or otherwise constructed when the intended use of such excavation is for the location, testing, acquisition or artificial recharge of underground water, and where the depth is greater than the diameter or width.
"Working Face" means that portion of a landfill where waste is discharged, spread and compacted prior to placement of daily cover.
Within 60 days after receipt of a completed application and all other required information, the Department will give public notice and the opportunity for a public hearing as provided in 7 Del.C. Ch. 60. The cost of the advertisement shall be borne by the applicant. A 15 day comment period will follow the publication date of each public notice. If no meritorious adverse public comments are received during this period, and the Secretary does not deem a public hearing to be in the best interest of the State, the Department will enter into the permit approval/denial phase. If a meritorious request for a hearing is received during the comment period, or if the Secretary deems a hearing to be in the best interest of the State, a public hearing will be held as provided in 7 Del.C. §6004 and 6006.
Nitrate (NO3-N), Nitrate (NO2-N),
Nitrate (NO3N) and Ammonia (NH3N)
5.7.3.2.3 Test methods used to determine the parameters of subsection 5.7.3.2.2 shall be those described in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods", EPA Publication SW-846 [Third Edition (November 1986), as amended by Updates I (dated July 1992), II (dated September 1994), IIA (dated August 1993), IIB (dated January 1995), III (dated December 1996), and IIIA (dated April 1998)], or other tests approved in writing by the Department.
5.11.5.1 The owner of the property on which a sanitary landfill is located must record an environmental covenant, per Delaware Code Title 7, Chapter 79, Subchapter II, with the deed to the facility property that will in perpetuity notify any potential purchaser of the property:
6.3.2.3.5 The leak detection system shall be capable of detecting and intercepting liquid within the drainage layer and conveying the liquid to a collection sump or monitoring point where the quantity of flow can be measured and the liquid can be sampled. The operator or designer shall calculate the Action Leakage Rate. The proposed Action Leakage Rate and a response plan if the Action Leakage Rate is exceeded shall be submitted to the Department for approval before construction of the liner is permitted. The system shall be designed to operate without clogging through the postclosure care period of the facility.
6.7.3.3 The Department may observe, and may request advance notice of, the ground water sampling conducted by the permittee or his/her designee and may request split samples for analysis.
6.7.4.1 All ground water, leachate, and gas monitoring shall be conducted on a schedule to be determined by the Department and the results submitted within 60 days of sampling.
6.8.2.2.2 24 inches of clay at a hydraulic conductivity of 1 x 10-7 cm/sec or depth of equivalent material having a hydraulic conductivity less than 1 x 10-7 cm/sec, such depth to be determined based on the hydraulic conductivity of 24 inches of clay at a hydraulic conductivity of 1 x 10-7 cm/sec.
6.9.2.3.2 Litter: The scattering of refuse and wind-blown litter shall be controlled by the use of portable fences, natural barriers, or other suitable methods. No refuse or litter shall be allowed to migrate off site.
6.9.3.2.3 Dust, fires: The landfill shall be operated in a manner which eliminates, to the extent possible, dust problems and fires.
6.9.5.1 The owner or operator of an industrial landfill shall not knowingly accept for disposal any hazardous waste.
6.11.5.1 The owner of the property on which an industrial landfill is located must record an environmental covenant, per Delaware Code Title 7, Chapter 79, Subchapter II, with the deed to the facility property that will in perpetuity notify any potential purchaser of the property:
9.4.2.3.1 Litter: The permittee shall provide for routine maintenance and general cleanliness of the entire site, as well as litter removal along roads approaching the site.
9.4.2.3.2 Air Pollution: The operation of the facility shall comply with 7 Del.C. Ch. 60, and with the Regulations Governing the Control of Air Pollution.
9.4.2.3.3 Vectors: The permittee shall implement a vector control plan to prevent the establishment of habitats for nuisance organisms (e.g., flies, maggots, roaches, rodents, and similar vermin) and to mitigate nuisances and hazards to human health and the environment.
9.4.2.3.4 Fire: Equipment shall be available on site to control fires, and arrangements shall be made with the local fire protection agency to provide immediate services when needed. If deemed necessary by the Department, a separate area shall be provided for temporary placement of hot loads received at the facility. The hot load area shall be located away from trees, bushes, and structures, and loads shall be extinguished immediately upon unloading.
10.5.2.3.3 Air Pollution. The operation of the transfer station shall comply with 7 Del.C. Ch. 60 and the Regulations Governing the Control of Air Pollution.
10.6.2.2.3 approved in writing an updated closure plan and closure schedule
For additional information on the public notice procedure see section 4.1.2 of these regulations.
10.6.3.5 A copy of the approved closure plan must be maintained at the facility or at some other location designated by the owner or operator until closure has been completed.
"6-log Reduction" means a 6 decade reduction or a millionth (.000001) survival probability in a microbial population, i.e., a 99.9999% reduction.
"ATCC" means American Type Culture Collection.
"Autoclave Tape" means tape that demonstrates an evidentiary visible physical change when subjected to temperatures that will provide evidence of sterilization of materials during treatment in an autoclave or similar device.
"CFU" means colony-forming unit.
"Challenge Loads" means an infectious waste load that has been constructed by composition (i.e., organic content, moisture content, or other physical or chemical composition).
"Class 4 Etiologic Agent" means a pathogenic agent that is extremely hazardous to laboratory personnel or that may cause serious epidemic disease. Class 4 etiologic agents (now defined as Infectious Substance, Category A affecting humans of Infectious Substance, Category A affecting animals only) include the following viral agents and microbiological cultured materials:
"Container" means any portable enclosure in which a material is stored, managed or transported.
"Contamination" means the degradation of naturally occurring water, air or soil quality either directly or indirectly as a result of the transfer of diseased organisms, blood or other matter that may contain disease organisms from one material or object to another.
"Etiologic Agents": means a viable microorganism, or its toxin, which causes or may cause disease in humans or animals, and includes any agent that causes or may cause severe, disabling, or fatal disease. The terms infectious substance and etiologic agent are synonymous.
"Generator" means any person whose act or process produces infectious waste as defined in these regulations, or whose act first causes an infectious waste to become subject to regulation. The universe of infectious waste generators includes, but is not limited to, hospitals, physicians’ offices, dental offices, veterinary practices, funeral homes, research or medical laboratories, and nursing homes.
"Incinerator" means any enclosed device used to destroy waste material by using controlled flame combustion.
"Indicator Microorganism Spores" means those microorganism spores listed in Appendix A, Table B of Section 11, Part 1.
"Infectious Substance" (formerly called "ETIOLOGIC AGENTS") means a viable microorganism, or its toxin, which causes or may cause disease in humans or animals, and includes any agent that causes or may cause severe, disabling, or fatal disease. The terms infectious substance and etiologic agent are synonymous.
"Infectious Waste" means those solid wastes which may cause human disease and may reasonably be suspected of harboring human pathogenic organisms, or may pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of or otherwise managed. Types of solid wastes designated as infectious include but are not necessarily limited to the following:
Biological wastes:
Biological liquid wastes means blood and blood products, excretions, exudates, secretions, suctionings and other body fluids including liquid wastes from renal dialysis.
Pathological wastes means all human tissues and anatomical remains, including human fetal remains, which emanate from surgery, obstetrical procedures, autopsy, and laboratory procedures.
Cultures and stocks of etiologic agents and associated biological wastes means, but is not limited to, specimen cultures, cultures and stocks of infectious substances, and wastes from production of biologicals and serums. Cultures are the result of a process by which pathogens are intentionally propagated.
Laboratory wastes means those wastes which have come in contact with pathogenic organisms or blood or body fluids. Such wastes include, but are not limited to, disposable materials, culture dishes, devices used to transfer, inoculate and mix cultures, paper and cloth which has come in contact with specimens or cultures which have not been sterilized or rendered noninfectious; or laboratory wastes, including cultures of infectious substances, which pose a substantial threat to health due to their volume and virulence.
Animal tissue, bedding and other waste from animals known or suspected to be infected with a pathogen which also causes human disease, provided that prevailing evidence indicates that such tissue, bedding or other waste may act as a vehicle of transmission to humans.
Human dialysis waste materials including blood lines and dialysate membranes.
Sharps means any discarded article that may cause puncture or cuts. Such wastes include, but are not limited to, needles, intravenous (IV) tubing with needles attached, scalpel blades, glassware and syringes that have been removed from their original sterile containers. For the purpose of these regulations, only sharps from human or animal health care facilities, human or animal research facilities or human or animal pharmaceutical manufacturing facilities shall be regulated as sharps.
Discarded Biologicals means serums and vaccines produced by pharmaceutical companies for human or veterinary use. These products may be discarded because of a bad manufacturing lot (i.e., offspecification material that does not pass quality control or that is recalled), outdating or removal of the product from the market or other reasons. Because of the possible presence of infectious substances in these products, the discarded material constitutes infectious waste.
Isolation Wastes means discarded materials contaminated with blood, excretions, exudates and/or secretions from humans who are isolated to protect others from highly communicable diseases (those diseases identified as caused by Class 4 etiologic agents).
Other infectious wastes means any residue or contaminated soil, water, or other debris resulting from the cleanup of a spill of any infectious waste.
"Large Incinerator" means an incinerator which has a capacity of greater than 1000 pounds per hour.
“Large Quantity Generator means generators of infectious waste who generate 50 pounds or more of infectious waste per month.
"Log Kill" (L) means the difference between the logarithms of viable test microorganisms or indicator microorganism spores before and after treatment.
"Manifest" means a tracking document designed to record the movement of solid waste from the generator through its trip with a transporter to an approved off-site treatment or disposal facility.
"Noninfectious" means a state in which potentially harmful microorganisms are absent, free of pathogens.
"Red Bag" means an impermeable, 3-mil polyethylene bag or equivalent, red in color, for the collection, storage, and transport of infectious or regulated medical waste, which meets the following minimum performance requirements:
Dart Impact, F50: 100 grams minimum.
"Regulated Medical Waste" means "infectious waste".
"Shipment" means that waste which is conveyed by a transporter between a generator and a designated facility or a subsequent transporter.
"Small Incinerator" means an incinerator which has a capacity equal to or less than 1000 pounds per hour.
"Small Quantity Generator" means generators of infectious waste who generate less than 50 pounds of infectious waste per month.
"Storage Area" means an area designated for the holding of waste for a temporary period, at the end of which time the waste is treated, disposed of, or stored elsewhere.
"Test Microorganisms" means those microorganisms listed in Appendix A, Table B of Section 11, Part 1.
11.8.4 All infectious substances that are transported must be packaged as described in the most current edition of 49 CFR 173, even when that transport is wholly within the boundaries of the State.
11.11.2 All pathological waste must be incinerated, cremated or interred in accordance with 24 Del.C. Ch. 31. Other disposal methods are not acceptable for this type of waste. This requirement does not prohibit the disposal of certain specified wastes in a permitted wastewater treatment system (see Section 11.4.11 of this part).
11.13.3.3.1 Passing the Initial Efficacy Test by using option 1, 2 or 3 of appendix A of this part (whichever is applicable). The three challenge loads described in Appendix A, Table C, do not need to be used. The test microorganism or indicator micro-organisms must be placed in a representative load in accordance with Subsection 11, Part 1, 11.13.2.5.1. For example, an autoclave may use option 3 (e.g., demonstrate at a minimum the destruction of one million Bacillus stearothermophilus spores) to meet the Periodic Verification Test requirement. In the case of an incinerator a stainless steel pipe with threaded ends and removable caps lined with ceramic insulation may be used to contain a glass culture vial with a Bacillus subtilis spores strip. The pipe with the spore strips may be placed in the load of infectious waste for the Periodic Verification Test. After the treatment, the pipe with the spore strips may be recovered and the spores may be cultured to assess whether, at a minimum, one million spores have been destroyed to meet the Periodic Verification Test(s) requirement.
11.14.3.2 As required in 7 Del.C. Ch. 60, the Department is to be notified immediately of all spills.
SA = Log N0A - LogN1A: where Log N1A >6
N0A is the number of viable test microorganisms (CFU/gram of waste solids) introduced into the treatment unit for challenge load Type A.
(1.) Using the inoculum size (N0A) determined in Phase 1 above, repeat Phase 1 steps (1) through (5) under the same operating parameters, except that the physical and/or chemical agents designed to kill the test microorganisms must be used.
LA = Log N0A - SA - Log N2A >6
N0A is the number of viable test microorganisms (CFU/gram of waste solids) introduced into the treatment unit as the inoculum for challenge load Type A as determined in Phase 1 above.
LA = Log N0 - Log N2A >6
N0 is the number of viable test microorganisms (CFU/gram of waste solids) introduced into the treatment unit as the inoculum.
LA = Log N0 - Log N2A >6
N0 is the number of viable indicator microorganisms (CFU/gram of waste solids) introduced into the treatment unit as the inoculum.
<5
>50
>70
TA = Log N0 - Log N2A >3
N0 is the number of viable indicator microorganism spores (CFU/gram of waste solids) introduced into the treatment unit as the inoculum (>6).
12.2.1 All scrap tire facilities must either fall into one of two three groups, as defined below. A property may have only one scrap tire facility. All other scrap tires facilities are prohibited.
12.3.1 Each sScrap tire facilityies in existence prior to the effective date of these regulations must apply for a permit issued by the Department pursuant to these regulations no later than 90 days for Group 1 and 180 days for Group 2 and comply with these regulations.
12.4.1 At least 45 days for Group 1 and 90 days for Group 2 before commencement of any construction or operation of a new scrap tire facility, or for a preexisting scrap tire facility, subject to Subsection 12.3, the applicant owner/operator shall submit to the Department a "Scrap Tire Facility Permit Form" complete permit application for a scrap tire facility and the following documentation:
12.5.1.4.23 For Group 1, a 20 foot mineral strip fire break consisting of either a mineral strip free of combustible materials or well maintained, regularly mowed grass must be constructed around the ground surface perimeter of the scrap tire facility. All grasses, weeds, brush, debris, and other combustible material must not be present on the fire break, with the exception of well-maintained and regularly mowed grass.
12.5.1.4.34 For Group 2, a 50 foot mineral strip fire break consisting of either a mineral strip free of combustible materials or well maintained, regularly mowed grass must be constructed around the ground surface perimeter of the scrap tire facility. All grasses, weeds, brush, debris, and other combustible material must not be present on the fire break, with the exception of well-maintained and regularly mowed grass.
12.6.1.1 Removing any water held in scrap tires immediately upon receipt at prior to placement in the facility via hole punching, boring, or drilling throughout tires or other sufficient means, and storing scrap tires in such a way that water does not accumulate in the scrap tires or containers where scrap tires are held; or
12.6.1.2 If any scrap tires hold water that is not removed within 24 hours of receipt placement in the scrap tire facility or within 24 hours of a precipitation event, a larvicide that is registered for use for mosquito control by the U.S. Environmental Protection Agency must be effectively applied to the water-holding tires within 48 hours of receipt placement in the scrap tire facility. The owner/operator or a private contractual professional pesticide applicator, at the owner/operator's expense, can perform the initial and/or follow-up larvicide applications, provided that the applications are safely done in accordance with all product label instructions and federal or state regulations. If a Restricted Use pesticide is utilized, it must be purchased and applied by a Delaware Certified Pesticide Applicator (who could be the owner/operator if appropriately certified) in accordance with Delaware Department of Agriculture regulations. The Department's Mosquito Control Section, if requested by the owner/operator, can also perform the larvicide applications at the Section's discretion. The owner/operator shall then reimburse the Mosquito Control Section for all costs of any such treatments as determined or assessed by the Department.
12.7 Operational Requirements Standards
12.11.1 All other scrap tire facilities not complying with the requirements of Group 1, or Group 2, or Group 3 or owner/operators who do not have a current and valid resource recovery facility permit (or other approval issued pursuant to these regulations) that addresses scrap tire management; or persons who are not registered with, and actively participating in, the Scrap Tire Management Program are prohibited and all scrap tires must be removed in accordance with this subsection and the facility shall be closed in a manner that will eliminate the need for further maintenance of the facility. The following conditions apply:
Last Updated: December 31 1969 19:00:00.
site map   |   about this site   |    contact us   |    translate   |    delaware.gov