DELAWARE SOLID WASTE AUTHORITY

Statutory Authority: 7 Delaware Code Chapter 64 (7 Del.C. Ch. 64)

PROPOSED

PUBLIC NOTICE

DSW Authority, Rules and Regulations

The hearing is to provide opportunity for public comment on the proposed amendments. The public record will close at the close of the Hearing.

The hearing will be held February 23, 1999 at 7:00 p.m. in the Public Meeting Room of the Delaware Solid Waste Authority, 1128 South Bradford Street, Dover, DE 19903.

Copies of the proposed amendments will be available February 1, 1999 from the Delaware Solid Waste Authority upon request. The proposed amendments will also be published in the February 1, 1999 edition of the “Register of Regulations.”

If you have any questions regarding the hearing, please contact T. E. Houska, Chief of Administrative Services, Delaware Solid Waste Authority, P.O. Box 455, Dover, Delaware 19903-0455 or call (302) 739-5361. Mr. Houska can also be reached by e-mail: teh@dswa.com.

T. E. Houska II, P.E.

Chief of Administrative Service

Statewide Solid Waste Management Plan (adopted May, 1994)

Contents

I. Purpose And Authorization 2

II. Definitions 2

III. Collection And Licensing 4

IV. Use of Solid Waste Facilities 11

V. Industrial Process Solid Waste 12

VI. Other Solid Waste Projects 13

VII. Operating in a Solid Waste Facility 13

VIII. Recycling 15

IX. Transfer Station Requirements 16

X. Infectious Waste (Reserved) 17

XI. X Review, Enforcement And Sanctions 17

Exihibit A License Application Form

Exihibit B Transfer Station Monthly Solid Waste Report

*Please note that the above page numbers refer to the original document and not to the Register.

I. PURPOSE AND AUTHORIZATION

II. DEFINITIONS

* The Department also has promulgated regulations pertaining to solid waste disposal.

III. COLLECTION AND LICENSING

3.01 No person shall collect, transport, and/or deliver solid waste in the State of Delaware without first having obtained a license from DSWA, provided, however, that:

3.02 Each Licensee shall deliver solid waste collected in Delaware to a Solid Waste Facility. DSWA, based upon the CEO's determination of threat to public health or welfare or other emergency, may designate a specific Solid Waste Facility.

3.02 With respect to solid waste delivered to Solid Waste Facilities, the CEO, based upon a determination of threat to public health or welfare or other emergency, may designate a specific Solid Waste Facility for use.

3.03

3.04

3.05 Each Licensee shall maintain collection vehicles to comply with the following minimum requirements:

3.06 Each Licensee shall comply with the following requirements while collecting, transporting and/or delivering solid waste.

3.07 All collection vehicles shall be owned in the name of the Licensee or leased in the name of the Licensee. Upon submission of an application for a license each applicant shall provide a copy of a valid motor vehicle registration card for each collection vehicle. If the collection vehicle is not owned by the applicant, a copy of a written motor vehicle lease agreement shall also be submitted with the application.

3.08 Each Licensee shall provide and continuously maintain backup capability to allow for continued collection, transportation and/or delivery of solid waste in the event of equipment breakdown. As a minimum each Licensee, except for municipalities with a written agreement with another municipality for such backup, shall own and/or lease, in the name of the licensee, at least two fully and continuously operational collection vehicles, except for down time for routine maintenance.

3.09 Only enclosed compactor type vehicles or "roll-offs" with a cover sufficient to prevent any spillage of, loss of, or littering of solid waste shall be used by Licensees for collection, transportation, or delivery of solid waste, except for vehicles utilized only to collect, transport or deliver the solid wastes referenced in Section 4.02 (a-e) and Section 4.03, infra, or oversized bulky waste, such as couches and refrigerators. Such vehicles used for oversized bulky waste shall not satisfy part or all of the Section 3.08 requirement that each Licensee own and/or lease at least two fully and continuously operational vehicles. An exception to the requirements of the first sentence of this section may be authorized by the CEO or his designee in circumstances where it is physically impossible to provide solid waste collection services with such vehicles.

3.10

“TONNAGE CHARGED FOR PRIOR NOVEMBER”

AMOUNT OF BOND

Less than or equal to 750 tons

(minimum) $5,000

Greater than 750 tons but less than or equal to 1,500 tons

$25,000

Greater than 1,500 tons

$50,000

If the Licensee has expanded or acquired its business since the preceding November, then the total tonnage for November and Bond amount will be adjusted to account for such increase. By reference to the accounts, business, or assets acquired, an estimate will be made of what the charges in November would have been if the Licensee had been operating the newly acquired accounts, business, or assets at that time.

3.11 Any person desiring to collect, transport, and/or deliver solid waste in the State of Delaware shall submit a completed application for license to DSWA on forms provided by DSWA substantially in the form set forth in Appendix "A" of these Regulations. DSWA shall approve or deny license applications within thirty (30) days of receipt of a completed application.

3.12 DSWA may require information to supplement that requested in Appendix "A" in reviewing license applications.

3.13 The license period shall be July 1 to June 30 annually. Applications for license renewal shall be submitted to DSWA at least thirty (30) days prior to the expiration date.

3.14 Before any additional collection vehicle or substitute collection vehicle is utilized for the collection, transportation, and/or delivery of solid waste, the Licensee shall submit to DSWA the following:

3.15 Each license shall contain the following:

3.16 Each license and/or collection vehicle may be transferred subject to prior approval of DSWA. Except for a municipality with a written agreement with another municipality for backup capacity, no person shall be entitled to collect, transport and/or deliver solid waste under another person's license.

3.17 Notwithstanding anything to the contrary contained in these Regulations, a Licensee may operate a replacement vehicle on a temporary basis for a period of fifteen (15) days; provided further, that the licensee shall provide DSWA an original signed letter on company letterhead providing the information listed in Section 3.14 of these Regulations. An original letter must be submitted for each day of operation until DSWA license stickers are properly displayed on the vehicle or the vehicle is removed from temporary service. Letters must be taken to the weighstation of the Solid Waste Facility.

3.18 No license shall be issued to any person who:

3.19 Any person who first collects and transports solid waste within the State of Delaware, without having first obtained a license under this Article, shall not be issued a license under this Article, until the expiration of one hundred twenty (120) days after the last day on which such collection and transportation without a license occurred, as determined by the CEO, or his designee.

3.20 Any Licensee who does not maintain his principal place of business in Delaware shall designate an agent, by name and street address (box number not acceptable), for service of process within Delaware. The agent shall be either an individual resident in Delaware or a corporation authorized under Title 8 of the Delaware Code to transact business in Delaware.

3.21 Before a license application is approved or denied, DSWA shall determine whether the applicant is able and reasonably certain to comply with these Regulations. Such determination may take into account any relevant factors including, but not limited to, the prior conduct of the applicant or any person, as defined herein, who is employed by or is otherwise associated with the applicant and may significantly affect the applicant's performance as it is related to the licensed activities. If the application is denied, the determination shall be reduced to writing and include the rationale for denial. Any person denied a license shall be entitled to request a hearing on such determination before the Directors of DSWA in accordance with paragraph 11.01 (b) hereof.

3.22 No license shall be issued to any person who:

3.23 A Licensee shall give written notice to DSWA at least seven (7) days in advance of any of the following:

IV. USE OF SOLID WASTE FACILITIES

4.01

4.01

4.02 The following solid wastes shall not be delivered to a Solid Waste Facility:

4.03 The following solid waste may be delivered to a Solid Waste Facility for disposal, but need not be, upon payment of the appropriate fee or user charge, provided that delivery of such solid waste is not otherwise proscribed by Section 4.02:

4.04 In the event that an invoice generated from the charging of fees or user charges at a Solid Waste Facility is not paid in accordance with DSWA credit policies the license may be revoked and/or the right to use Solid Waste Disposal Facilities may be denied to the user. Before the license revocation and/or denial of use, the user shall have a hearing before the Directors of DSWA, and the user shall be given at least ten (10) days notice of the hearing. Otherwise, the procedure for the hearing shall be as set forth in paragraph 11 10.01 (b) (ii)-(v) of these Regulations.

V. INDUSTRIAL PROCESS SOLID WASTE

5.01

5.02 Any person causing or allowing industrial process solid waste to be delivered to a Solid Waste Facility operated by or on behalf of DSWA shall be deemed to have agreed to indemnify and hold harmless DSWA from any liability arising from disposal of such industrial process solid waste and to have agreed to reimburse DSWA for any costs reasonably incurred to protect against or reduce any risk resulting therefrom; provided, however, such person, if such person has not caused or allowed the delivery of a hazardous substance within the meaning of the Comprehensive Environmental Response Compensation Liability Act (CERCLA), as amended, 42 USC Section 9601, et.seq., shall not be liable under this subsection to DSWA for harm or damage caused by the negligence of DSWA.

5.03 It shall be the responsibility of each generator of industrial process solid waste, in addition to the person collecting, transporting and delivering it, to obtain the approval of DSWA for disposal of industrial process solid waste at the Solid Waste Facility and to assure that such waste is delivered to the Solid Waste Facility of DSWA for disposal. Such solid waste shall be exempted from the requirement of disposal in a Solid Waste Facility if:

5.04 Any person aggrieved by a determination of the CEO or his designee, under this Article or subsection 4.02(f) of Article IV, may seek review thereof by the Directors of DSWA in accordance with Section 6427 (f) of the Act, and Section 11 10.01 of these Regulations.

VI. OTHER SOLID WASTE PROJECTS

6.01 No person shall finance, acquire, license, construct, maintain, operate, or use a solid waste disposal, processing, or recycling project in the State of Delaware that is neither owned nor operated by, on behalf of, or at the request of DSWA.

6.02 No person shall cause or assist in the financing, acquiring, licensing, constructing, maintaining, or operating of a solid waste disposal, processing, or recycling facility in the State of Delaware, that is neither owned nor operated by, on behalf of, or at the request of DSWA.

6.03 This Article VI shall not apply to:

VII. OPERATING IN A SOLID WASTE FACILITY

7.01 All vehicles entering a Solid Waste Facility to dispose of solid waste shall proceed to the appropriate scale. Each vehicle shall come to a full stop before driving onto the scale, for weighing in or for weighing out. Quick stopping or starting on the scales will not be permitted. All personnel must remain in the vehicle unless directed by the Weighmaster to come to the scale house window. After weighing, the vehicle must not leave the scales until authorized to do so by the Weighmaster and must proceed to the area designated for disposal of the quantity and type of waste that is carried in the vehicle.

7.02 After weighing and at the direction of the Weighmaster, each vehicle shall proceed to the area designated. Spotters at the landfill face or on the tipping floor shall direct the vehicles to a dumping location. At small load facilities, waste shall be disposed only in the containers that have been provided. The contents of each vehicle shall be discharged as quickly as possible and the vehicle shall leave as directed by the operating contractor. Clean-up is allowed only at designated locations. No roll-off boxes will be dropped anywhere in a Solid Waste Facility without the express approval from a DSWA representative.

7.03 Each vehicle operator shall exercise caution, due care, and safe procedures in all operations at the Solid Waste Facility. The speed limit on the facility roads is 25 miles per hour except where a lower speed limit is indicated. Vehicle operators shall follow directions from the DSWA representative or the operating contractor in all cases of emergency.

7.04 No hand sorting, picking over, or scavenging of solid waste will be permitted at any time.

7.05 All vehicle operators and other personnel proceed onto the landfill at their own risk. DSWA shall not be liable for acts or omissions of its contractors, persons using a Solid Waste Facility, or other third persons in or about a Solid Waste Facility.

7.06 Persons under the age of 18 are not allowed to enter any Solid Waste Facility in waste collection and disposal vehicles.

7.07 No loitering will be permitted in any Solid Waste Facility.

7.08 DSWA reserves the right to redirect vehicles to alternate locations within the Solid Waste Facility, if for any reason in the opinion of DSWA's representative, the original location cannot handle the load or type of material.

7.09 There shall be no smoking in any Solid Waste Facility except in areas where smoking is expressly permitted.

7.10 The Directors of DSWA from time to time may adopt and post other rules for Solid Waste Disposal Facilities. It is the responsibility of Licensees and other persons using Solid Waste Disposal Facilities to familiarize themselves with and to obey such rules.

7.11 Any vehicle that is immobile and obstructing facility operations shall be moved to a non-conflicting area by DSWA representatives after notifying the Licensee's driver. The Licensee's driver will be given reasonable time to contact his office either through radio or telephone. If the blocking vehicle poses a safety or fire hazard, it will be removed immediately after giving notice to the driver. Licensee shall also give written instructions to drivers on proper procedures for towing.

7.12 To prevent material from falling off vehicles and to minimize litter, all open vehicles, including but not limited to pick-up trucks, entering a Solid Waste Facility to dispose solid waste shall be sufficiently secured through the use of tarpaulins or ropes or netting or enclosures sufficient to prevent the material from falling off the vehicles.

7.13

VIII. RECYCLING

8.01 The following definitions shall apply to this subarticle:

8.02 All persons operating facilities within Delaware for the purpose of recycling solid waste or recyclable materials other than 'RECYCLE DELAWARE' Recycling Centers shall file annually with DSWA, on forms prescribed by DSWA, a report on the nature of the recycling activities conducted, the quantity and type of materials recycled, and the disposition of the materials recycled. Such reports will be due on April 30 of each year and shall be for the immediately preceding calendar year.

8.03 At a Recycling Center, no person shall:

8.04 Each container used for the collection of Recyclable Material must be clearly marked to prevent normal trash from being placed into the container, i.e., "RECYCLABLE MATERIAL ONLY" - "NO TRASH".

IX. TRANSFER STATION REQUIREMENTS

9.01 Any person operating a transfer station for solid waste within the State of Delaware shall;

9.02 Solid waste originating or collected outside the State of Delaware shall not be mixed, combined, or aggregated at any transfer station with solid waste originating or collected within the State of Delaware that, in accordance with these Regulations, must be delivered to a Solid Waste Facility.

9.03 It shall be the responsibility of the transfer station operator and those persons hauling to and from the transfer station to assure that all solid waste collected within the State of Delaware, and required to be delivered to a Solid Waste Facility by these Regulations, be delivered to the appropriate Solid Waste Facility.

9.04 9.02 DSWA through its designated representatives shall have the right to inspect the transfer station and solid waste hauling vehicles entering and leaving the transfer station.

X. INFECTIOUS WASTE (RESERVED)

XI. X REVIEW, ENFORCEMENT AND SANCTIONS

11.01 10.01

11.02 10.02 Any person who violates a provision of these Regulations shall be subject to the following sanctions:

11.03 10.03 Any person who violates a provision of these Regulations may be prevented from entering a Solid Waste Facility, as determined by the CEO or his designee, until that person is in compliance with these Regulations.

EXHIBIT A

TO: DELAWARE SOLID WASTE AUTHORITY

I hereby apply for a Solid Waste Collectors License for the period of July 1, 19 through June 30, 19 , in accordance with the Regulations of the Delaware Solid Waste Authority. Accordingly, the following is submitted:

(Note: This application will not be processed unless all requested information is provided. Each application must be accompanied by:

1. Name of Applicant (Individual or Firm Name):

2. Company/Trade Name:

3. Business Office address/telephone numbers (One number MUST be a Delaware number):

OFFICE

ADDRESS

PHONE #

A.

 

( )

 

Street City State Zip

 

B.

 

( )

 

Street City State Zip

 

C.

 

( )

 

Street City State Zip

 

4. Name, address & telephone number of answering service if applicable:

NAME

ADDRESS

PHONE #

   

( )

 

Street City State Zip

 
   

( )

 

Street City State Zip

 
   

( )

 

Street City State Zip

 

5. Name of individuals having administrative responsibility at each business location:

NAME

ADDRESS

PHONE #

   

( )

 

Street City State Zip

 
   

( )

 

Street City State Zip

 
   

( )

 

Street City State Zip

 

6. Name, address, telephone number of Registered Agents or Authorized Representatives:

NAME

ADDRESS

PHONE #

   

( )

 

Street City State Zip

 
   

( )

 

Street City State Zip

 
   

( )

 

Street City State Zip

 

7. Type of Business:

Sole Proprietorship Partnership Municipality Corporation*

8. Date Business was Established:

9. Delaware Business License Number: (contact Division of Revenue)

10. DNREC Waste Haulers Permit Number:

11. Delaware Business License Renewal Date:

12. Federal Taxpayer Identification Number:

13. Name & address of owners or partners in unincorporated business. Indicate respective ownership interest on a percentage basis:

NAME

ADDRESS

%

     
 

Street City State Zip

 
     
 

Street City State Zip

 
     
 

Street City State Zip

 
     
 

Street City State Zip

 
     
 

Street City State Zip

 
     
 

Street City State Zip

 

14. Name & address of Officers, Directors, Shareholders holding in excess of 10% of issued Stock in incorporated business:

NAME

ADDRESS

%

     
 

Street City State Zip

 
     
 

Street City State Zip

 
     
 

Street City State Zip

 
     
 

Street City State Zip

 
     
 

Street City State Zip

 
     
 

Street City State Zip

 

15. Indicate if any partnership or corporation other than applicant has any interest, direct or indirect, in the license applied for, or in the business conducted under such license. (If so, state names & addresses and interest of the partnerships, corporations and principles involved, indicating the nature and extent of the interest.)

Not applicable

Provide details if applicable:

________________________________________________

________________________________________________________________________________________________

________________________________________________

16. Indicate if any individual, partnership or corporation other than applicant receives or will receive (by way of rent, salary or otherwise) all or any portion of percentage of the gross or net profits or income derived from business conducted under license applied for:

Not applicable

Provide details if applicable:

________________________________________________

________________________________________________

________________________________________________

________________________________________________

17. Indicate if your company or parent company has ever been convicted of civil or criminal offenses concerning waste transporting, processing, or disposal.

No Yes (provide details on separate sheet)

18. Indicate if the applicant, any person mentioned in the application, or any person having a beneficial interest in the application has ever been denied an application to collect solid waste.

Not applicable

Provide details if applicable:

________________________________________________

________________________________________________

________________________________________________

________________________________________________

19. State general area served by applicant:

________________________________________________

________________________________________________

________________________________________________

________________________________________________

20. Indicate days of the week collections are made:

Mon Tue Wed Thur Fri Sat Sun

21. Daily average weight of Household solid waste collected: _________________ Tons

22. Daily average weight of Municipal solid waste collected: _________________ Tons

23. Daily average weight of Commercial/Industrial solid waste collected:________________________ Tons

24. Indicate location(s) where solid waste is being or will be delivered:________________________ Tons

TYPE OF WASTE

LOCATION DELIVERED

   
   
   
   
   

25. Statement of experience in solid waste collection, transportation, and/or disposal:

________________________________________________

________________________________________________

________________________________________________

________________________________________________

I HEREBY CERTIFY THAT THE INFORMATION PROVIDED HEREIN AND ATTACHED HERETO IS TRUE AND CORRECT AND THAT I HAVE READ AND AM FAMILIAR WITH THE REQUIREMENTS OF THE REGULATIONS OF THE DELAWARE SOLID WASTE AUTHORITY.

Date Signature of Applicant Title

STATE OF COUNTY OF

Before me appeared , who under oath certifies that the information provided in this application is true and correct.

Date Notary Public

EXHIBIT B

TRANSFER STATION MONTHLY SOLID WASTE REPORT

From: Reporting Period:

To: Delaware Solid Waste Authority Date:

TYPE OF WASTE

TONS RECEIVED

TONS DISPOSED

DISPOSAL FACILITY

Tons Location

SOLID WASTE DSWA REGULATIONS, SECTION 5

a. Delaware

   

1.

 
     

2.

 
     

3.

 
     

4.

 

b. Other

   

1.

 
     

2.

 
     

3.

 
     

4.

 

TOTAL

       

INDUSTRIAL PROCESS WASTE DSWA REGULATIONS, SECTION 3

a. Delaware

   

1.

 
     

2.

 
     

3.

 
     

4.

 

b. Other

   

1.

 
     

2.

 
     

3.

 
     

4.

 

TOTAL

       

GRAND TOTAL

       

CERTIFICATION I hereby certify that the above information is true and correct, to the best of my knowledge, this day of , A.D. 19 .

Notary Public President

Differential Disposal Fee Program

For each ton of solid waste (excluding special and industrial process solid waste) in excess of 800,000 tons paid for at the base rate and delivered to Authority facilities during each period identified immediately above, the Authority shall set aside the sum of $8.50 per ton in a fund which shall be divided among those persons entering into contracts with the Authority and/or participating in this program. Each such person shall be entitled to a share of the fund based on the percentage of solid waste (excluding special and industrial process solid waste) which such person delivers to Authority facilities as a part of the total of all solid waste (excluding special and industrial process solid waste) delivered to authority facilities by (1) all persons under contract with the authority, and (2) all the municipalities, political subdivisions and governmental instrumentalities and entities. The additional rebate for the periods set forth in this Paragraph 2(d) shall be paid within forty-five (45) days after full payment has been made to the Authority by the persons entitled to the rebate.

Proposed Amendment to the Statewide Solid Waste Management Plan

INTRODUCTION

BACKGROUND

SOLID WASTE MANAGEMENT OPTIONS

2 DE Reg. 1316 (02/01/99) (Prop.)