DELAWARE SOLID WASTE AUTHORITY

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

PROPOSED

PUBLIC NOTICE

DSW Authority, Rules and Regulations

Pursuant to 7 Delaware Code, Section 6403 (i), 6403 (j), 6403 (k), 6403 (l), 6406 (a) (11), 6406 (a) (13), 6421 and other pertinent provisions of 7 Delaware Code, Chapter 64, the Delaware Solid Waste Authority (DSWA) will conduct a hearing to consider an amendment to the following documents:

(a) Statewide Solid Waste Management Plan (adopted May, 1994), and

(b) Regulations of the Delaware Solid Waste Authority (adopted October 1997)

(c) Differential Disposal Fee Program (new fee structure)

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

These Regulations* are adopted pursuant to the Act to achieve the goals set forth therein.

II. DEFINITIONS

"Act" means the Delaware Solid Waste Authority Act, 7 Del. C. Ch. 64.

"CEO" means Chief Executive Officer and Manager of DSWA.

"Chairman" means the Director designated by the Governor as chairman of DSWA in accordance with 7 Del. C. Section 6403(a).

"Department" means the Department of Natural Resources and Environmental Control of the State of Delaware.

"Directors" means the directors of DSWA holding office in accordance with 7 Del. C. Section 6403.

"Dry 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.

"DSWA" means the Delaware Solid Waste Authority, an instrumentality of the State of Delaware, existing pursuant to the Act.

"Hazardous Waste" means a solid waste, or combination of solid wastes, which because of its quantity, concentration, or physical, or chemical characteristics may cause or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating irreversible illness, or poses 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 listed in Sections 261.31, 261.32 and 261.33 of the Delaware Regulations Governing Hazardous Waste and those solid wastes which otherwise exhibit the characteristics of a hazardous waste as defined in Part 261 of the Delaware Regulations Governing Hazardous Waste.

"Industrial Process Solid Waste" means solid waste produced by or resulting from industrial applications, processes or operations and includes, by way of example and not by way of limitation, sludges of chemical processes, waste treatment plants, water supply treatment plants, and air pollution control facilities and incinerator residues, but does not include the solid waste generated at an industrial facility which is comparable to municipal solid waste, such as cafeteria waste, cardboard, paper and pallets, crates or other containers constructed of and containing non-hazardous combustible material.

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

"Junkyard" means an establishment or place of business which is maintained, operated or used for storing, keeping, buying or selling junk or wrecked, scrapped, ruined or dismantled motor vehicles or motor vehicle parts.

"Licensee" means a person holding a license issued by DSWA pursuant to Article III of these Regulations.

"Municipality" means a county, city, town or other public body of the State of Delaware.

"Person" means any individual, partnership, corporation, association, institution, cooperative enterprise, municipality, commission, political subdivision, or other duly established legal entity.

"Solid Waste" means any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant or water pollution control facility and other discarded material, including solid, liquid, semi-solid 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 materials in irrigation return flows or industrial discharges which are point sources subject to permits under Section 402 of the Federal Water Pollution Control Act, as amended, or source, special nuclear, or by-product materials defined by the Atomic Energy Act of 1954, as amended, or materials separated on-site by the generator thereof for further use, service or value.

"Solid Waste Facility" means any landfill, recycling project, including waste to energy projects, collection station, transfer station, or other solid waste processing or disposal facility or project operated by, on behalf of, or under contract with DSWA.

"Toxic Substance" means any chemical substance or mixture that may present an unreasonable risk of injury to health or the environment.

"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.

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:

a. persons transporting and delivering solid waste that they created on their premises resulting from their activities shall not be required to obtain a license therefore; and

b. persons collecting, transporting and/or delivering solid waste in the course of their employment by a person holding a license from DSWA shall not be required to obtain a license therefore; and

c. a license shall not be required for the collection, transportation, or delivery exclusively of dry waste, leaves, street and storm sewer cleaning materials, agricultural wastes or those materials identified in paragraph 4.02 (a) - (e) of these Regulations.

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

a. Each Licensee shall clearly display on both sides of the vehicle:

i. the license stickers provided by DSWA which are the property of DSWA and subject to cancellation, suspension and/or revocation. The license stickers shall be legible at all times and shall be placed in an area of high visibility to allow immediate identification by DSWA Weighmasters and Compliance Officers. License stickers shall be not be placed on fuel or hydraulic tanks or reservoirs, or areas where the operation of mechanical parts would impair the visibility of stickers;

ii. the Licensee's business name with letters at least three (3) inches high and of a color that contrasts with the color of the vehicle. No name other than the Licensee's business name shall be displayed. A regularly used business logo may also be displayed.

b. Licensees shall maintain business offices and phone numbers as follows:

i. Licensees who collect on a yearly average 100 tons per month or more:

(a) each Licensee shall maintain a manned business office location or locations and designate a representative in responsible charge thereof;

(b) each Licensee shall provide his business office street address in addition to a Post Office Box;

(c) telephone coverage with a Delaware telephone number listed in the appropriate Delaware Telephone Directory in the business name of the Licensee shall be maintained by a responsible and authorized person at the main office during normal business hours. Licensees with main offices located outside of the State of Delaware may utilize a call forwarding service so that a Delaware telephone number may be dialed to reach an out-of-state office. An answering machine shall not satisfy this; and

(d) notification regarding any change of business location or telephone number shall be provided to DSWA in writing at least fifteen (15) days prior to such change.

ii. Licensees who collect on a yearly average less than 100 tons per month:

(a) each Licensee shall provide a street address in addition to a Post Office Box for the business office or dwelling that is able to receive correspondence. A Post Office Box shall not satisfy this requirement;

(b) telephone coverage with a Delaware telephone number listed in the appropriate Delaware Telephone Directory in the business name of the Licensee shall be maintained by the Licensee during normal business hours. Licensees with main offices located outside of the State of Delaware may utilize a call forwarding service so that a Delaware telephone number may be dialed to reach an out-of-state office. An answering service may be utilized. An answering machine shall not satisfy this requirement; and

(c) notification regarding any change of business location or telephone number shall be provided to DSWA in writing at least fifteen (15) days prior to such change.

3.04

a. Each Licensee shall maintain insurance at the following minimum amounts:

i. Automobile liability: $350,000 combined bodily injury and property damage per occurrence;

ii. General liability: bodily injury $300,000 per occurrence; property damage: $100,000 per occurrence; and

iii. Workman's Compensation as required by law.

b. Each Licensee shall provide to DSWA new certification of the coverages specified in subsection 3.04(a) including a certification within ten (10) days of renewal. Each such certification of insurance shall provide that DSWA receive at least thirty (30) days advance notice of any canceled, discontinued, or diminished coverage.

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

a. Each collection vehicle body shall be maintained to prevent fluids from discharging onto the surface of the ground.

b. Each collection vehicle body shall be capable of being readily emptied.

c. Each collection vehicle shall be kept in a as much of a sanitary condition as to control the presence of vectors.

d. Containers, boxes, and other devices excluding open top trailers referred to as roll-offs, used by Licensees for collection of solid waste in excess of thirty (30) gallon capacity shall be enclosed to reduce fluid leakage or collection of water.

e. Each collection vehicle shall be equipped so that it can be readily towed, and maintained in good operational condition for safe and stable operation and/or navigation in or about a Solid Waste Facility.

f. Each collection vehicle used or proposed for use by an applicant or Licensee and the contents of any collection vehicle shall be subject at all times to inspection by DSWA.

g. All roll-off containers used for collecting, transporting and delivering of solid waste generated within the State of Delaware shall display stickers issued by DSWA near the bottom and front of both sides of each roll-off. Solid waste described in Section 4.03 shall be exempt from this requirement.

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

a. Solid waste shall not be processed, scavenged, modified, or altered except that it may be compacted and/or unloaded and reloaded at a transfer station not in violation of Article IX of these Regulations.

a. Solid waste shall not be processed, scavenged, modified, or altered unless in compliance with applicable laws and regulations.

b. Solid waste shall be suitably enclosed or covered to prevent littering or spillage of solid waste or fluids.

c. Solid waste shall not be stored in a collection vehicle for more than twenty-four (24) hours, except when the Solid Waste Facility is closed for the entire day when the twenty-four period expires; in that event, the collection vehicle shall discharge the solid waste at a Solid Waste Facility on the next day that a Solid Waste Facility is open.

c. Solid waste shall not be stored in a collection vehicle for more than twenty-four (24) hours unless the solid waste is being delivered to a Solid Waste Facility and the facility is closed for the entire day when the twenty four hour period expires, in which case the collection vehicle may discharge the solid waste at the facility on the next day that the facility is open.

d. Any spillage of solid waste shall be immediately cleaned up and removed.

e. No undue disturbance shall be caused in residential areas as a result of collection operations.

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

a. With the exception of any municipality, each applicant for a license and each Licensee shall provide to DSWA and maintain a bond under which the Licensee shall be jointly and severally bound with a corporate surety qualified to act in the Courts of Delaware to DSWA for amounts due to DSWA for fees or charges for services.

b. In lieu of corporate surety, the applicant or Licensee may provide security for its bond by depositing with DSWA, one of the following in an amount at least equal to the amount of the bond:

i. United States Treasury bonds, United States Treasury notes, United States Treasury certificates of indebtedness, or United States Treasury bills; or

ii. bonds or notes of the State of Delaware; or

iii. bonds of any political subdivision of the State of Delaware; or

iv. certificates of deposit or irrevocable letters of credit from any state or national bank located within the United States; or

v. United States currency, or check for certified funds from any state or national bank located within the United States.

c. The amount of the bond specified in paragraph 3.10 (a) shall be based upon the total solid waste tonnage charged by the Licensee at Solid Waste Facilities during for the month of November immediately preceding the license year for which the license is issued in accordance with the following schedule:

“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:

a. The name, address and telephone number of the owner of the vehicle.

b. The state motor vehicle registration number.

c. A description of chassis by year and manufacturer.

d. A description of the body by year and manufacturer.

e. The legal weight limit of the vehicle.

f. The volume of the body of the vehicle in cubic yards.

g. Evidence of the insurance coverage required by this Article.

3.15 Each license shall contain the following:

a. Name and address of the Licensee.

b. A listing of all collection vehicles under the license.

c. The location or locations for delivery of solid waste for each collection vehicle.

d. Special license conditions regarding collection, transportation, and/or delivery of solid waste, as specified by DSWA.

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:

a. has an account with DSWA that is past due in accordance with DSWA policies or

b. is obligated to file a report in accordance with Section 8.02 of these Regulations and has not done so for the immediately preceding calendar year.

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:

a. holds or has held a license from DSWA which has been revoked;

b. holds or has held a license from DSWA which has been suspended, for such period as the license is suspended.

c. holds or has held an interest in any Licensee whose license from DSWA has been revoked;

d. holds or has held an interest in any Licensee whose license from DSWA has been suspended, for such period as the license is suspended.

e. owns, in whole or in part, solid waste operating assets, including vehicles and routes, which were acquired from a Licensee whose license from DSWA was revoked or suspended and who acquired such assets from such Licensee for less than fair market value. Applicants for a license may be required to produce records and other information to demonstrate that they comply with this paragraph before a license will be issued.

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

a. sale or conveyance of a significant portion of its assets;

b. sale or conveyance of a significant portion of the equity interest (e.g. stock) held in it;

c. purchase or other acquisition of a significant portion of the assets of another Licensee;

d. purchase or other acquisition of a significant portion of the equity interest in another Licensee. For purposes of this paragraph, a significant portion shall mean one-half. Fragmentation of a transfer into smaller portions shall not be used to avoid the requirements of this paragraph.

IV. USE OF SOLID WASTE FACILITIES

4.01

a. Except as otherwise provided in this Article:

i. All solid waste generated within the State of Delaware shall be delivered to and disposed of at a Solid Waste Facility;

ii. The owners and occupants of all lands, buildings, and premises located within the State of Delaware, and all those persons acting for them or under contract with them, shall use only Solid Waste Facilities for the disposal of solid waste generated within the State of Delaware.

4.01

a.

i. All solid waste generated within the State of Delaware shall be delivered to and disposed of at a Solid Waste Facility or some other duly licensed or permitted facility.

ii. The owners and occupants of all lands, buildings, and premises located within the State of Delaware, and all of those acting for them or under contract with them, shall use only Solid Waste Facilities or other duly licensed or permitted facilities for the disposal of solid waste generated within the State of Delaware.

b. Subject to the provisions of Section 3.02 and 3.18 of these Regulations, solid waste generated within the State of Delaware shall be delivered to a Solid Waste Facility or other duly licensed or permitted facility.

c. Persons delivering solid waste to a Solid Waste Facility shall pay to DSWA the applicable fees and user charges.

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

a. Hazardous wastes

b. Explosives

c. Toxic substances

d. Pathological and infectious wastes

e. Radioactive wastes

f. Solid wastes, as determined by the CEO or his designee, which will, because of their quantity, physical properties, or chemical composition, have an adverse effect on the Solid Waste Facility, or the operation of the Solid Waste Facility, or if an effective means of risk and cost allocation cannot be achieved.

g. Solid waste generated outside the State of Delaware.

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:

a. Agricultural waste generated on a farm.

b. Dirt, sand, crushed rock, concrete, asphalt, inert demolition and construction debris, trees, bushes, branches, leaves, and material collected in street and storm sewer cleaning. Dry waste.

c. Tires.

d. Non-hazardous waste resulting from emergency clean-up actions of the Department.

e. Industrial process solid waste exempted by Section 5.03 (b).

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

a. Any person causing or allowing industrial process solid waste to be delivered to any Solid Waste Facility for disposal shall obtain the approval of DSWA prior to commencement of such disposal; provided however, that where more than one person is involved in the generation and delivery of a particular industrial process solid waste, approval of DSWA obtained by one person shall be sufficient.

b. In the event that there are any risks or additional costs involved in accepting any industrial process solid wastes, the CEO may impose an industrial process solid waste disposal surcharge to compensate DSWA for such risks and additional costs, including administrative expenses and overhead. The following factors shall be considered in determining the amount of such industrial process solid waste surcharge:

i. Quantity of waste to be disposed of;

ii. Degree of risk associated with such disposal;

iii. Additional handling, processing and disposal costs;

iv. Additional administrative expenses and overhead;

v. Additional environmental protection controls including monitoring.

c. The industrial process solid waste surcharge shall be set by the CEO, without notice and public hearing thereon, and may be done on a case by case basis.

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:

a. DSWA refuses to approve the disposal of such waste at a Solid Waste Facility; or

b. the generator of such waste determines or agrees to have such waste disposed of at another properly licensed or permitted facility;

c. the solid waste is described in Section 4.02 of Article IV.

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:

a. Projects dedicated exclusively to the disposal of dry waste, hazardous waste, agricultural waste, explosives, toxic substances, radioactive waste, or tires;

b. Projects used exclusively as transfer stations;

c. Recycle centers for source separated materials, such as aluminum cans;

d. Junkyards;

e. Projects dedicated exclusively to the disposal of industrial process solid waste that are lawfully permitted for the disposal of such industrial solid waste.

f. Projects dedicated exclusively to the disposal of solid waste generated outside the State of Delaware.

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

a. DSWA shall have the right to require unloading of the contents of the vehicle hauling solid waste to any solid waste facility for the purpose of inspection.

b. If any hazardous wastes, explosives, toxic substance, pathological and infectious wastes, radioactive wastes, or solid wastes generated outside the State of Delaware are found, then the person delivering such waste to a Solid Waste Facility shall be subject to the sanctions that may be imposed under Section 11.02 for violation of Section 4.02 and sanctions for violation of other applicable laws and regulations and that person shall be notified and given an opportunity to remove properly all of the waste emptied from the solid waste collection vehicle at his expense. If that is not accomplished within four (4) hours of such notice, which shall be either in person or by telephone, or, if the person cannot be reached immediately, either in person or by telephone, DSWA may proceed to arrange for removal and proper disposal of the entire load and the person bringing such material to the Solid Waste Facility shall be liable to DSWA for all costs incurred by DSWA in arranging for proper disposal, including, without limitation, DSWA's out-of-pocket expenses, contractor's fees, disposal costs, overhead supervisory costs, legal fees, testing costs, and transportation costs.

VIII. RECYCLING

8.01 The following definitions shall apply to this subarticle:

"Recycling Center" means a facility, established pursuant to 7 Del. C. S6450 et seq., to receive recyclable materials. The Recycling Center includes the recycling containers marked for the specific recyclable materials which are to be deposited therein and the area immediately surrounding them necessary for the purposes of such recycling centers. Recycling Centers shall be known as 'RECYCLE DELAWARE' Centers.

"Recyclable Materials" mean those materials which have been source-separated by the generator thereof for recycling. Source separated materials must remain separate throughout the journey and are not to be re-combined for transport.

"Recycling" means the process by which solid waste is transformed or converted into usable material(s) or product(s).

"Recycler" means a person in the business of collecting, transporting, and delivering recyclable materials.

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:

a. dispose of solid waste or litter;

b. leave materials outside of recycling containers;

c. deposit into a recycling container any material other than the specific recyclable material for which the recycling container is marked to receive;

d. damage, deface, or abuse a recycling container;

e. block or obstruct vehicles using or serving the Recycling Center;

f. loiter;

g. scavenge any Recyclable Material; or

h. deposit Recyclable Material that has been collected from or by a Recycler.

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;

a. prepare daily and maintain (for minimum period of three years after preparation) records of the solid waste handled at the transfer station showing the source and final disposition of such waste after removal from transfer station, including address of such final disposition. The records to be maintained shall be adequate to provide all information required by the Transfer Station Monthly Solid Waste Report, annexed hereto as Exhibit B;

b. submit the report required by paragraph 9.01(a) of these Regulations and verify the accuracy thereof to DSWA on or before the twentieth (20th) day of the month following the month for which the report is compiled. The report shall be in the form of the Transfer Station Monthly Solid Waste Report, annexed hereto as Exhibit B;

c. make the records required to be maintained and preserved by paragraph 9.01(a) of these Regulations available for inspection by representatives of DSWA during normal business hours.

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

a. Any person seeking a license or to have solid waste disposed of at a Solid Waste Facility who has been aggrieved by a determination of the CEO or his designee under Section 3.19, 3.21, 4.02, 4.04, 5.01 (b) or 5.04 of these Regulations may seek review thereof by the Directors of DSWA by filing a request for review with the CEO within fifteen (15) days of receipt of notice of such determination. The hearing shall be held in accordance with the paragraph of Section 11 10.01 (b) of these Regulations.

b.

i. The person filing the request for review under paragraph 11 10.01 (a) of these Regulations shall be provided notice by registered mail at least fifteen (15) days before the time set for the hearing. The person filing the request for the hearing shall bear the burden of proof.

ii. The person requesting the hearing may appear personally or by counsel and may produce competent evidence in his behalf. Upon the request of the person requesting the hearing or the CEO, the Chairman of DSWA shall issue subpoenas requiring the testimony of witnesses and the production of books, records, or other documents relevant to the material involved in such hearing.

iii. All testimony at the hearing shall be given under oath and the Chairman shall administer oaths and all Directors shall be entitled to examine witnesses.

iv. The hearing may be held as part of a regular meeting or a special meeting of the Directors of DSWA. Deliberation shall be held in executive session.

v. The decision of the Directors of DSWA shall be announced at a public meeting and shall be forwarded to the person requesting the hearing in written form by registered mail.

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

a. If the violation has been committed, a civil penalty of not less than One Hundred ($100) Dollars and not more than Five Thousand ($5000) Dollars shall be assessed;

b. If a violation continues for a number of days, each day of such violation shall be considered a separate violation;

c. If the violation is continuous, or there is substantial likelihood that it will reoccur, DSWA may seek a temporary restraining order, a preliminary injunction or permanent injunction;

d. Any person holding a license issued by DSWA who violates these Regulations shall be subject to revocation of such license, or suspension of such license for such period as determined by DSWA.

e. DSWA personnel are empowered to issue written notices of violations of these Regulations, without the need to employ the sanctions set forth above.

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

P. O. BOX 455

DOVER, DE 19903-0455

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. Proof of insurances as required by Section 3.04;

2. The minimum Bond or Surety, as required by Section 3.10; and,

3. The vehicle information as requested in Attachment A of this application.)

4. A copy of your Delaware Business License.

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*

* If Non-Delaware Corporation, provide proof of Delaware Registration

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:

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

The Delaware Solid Waste Authority (“Authority”), pursuant to the provisions of 7 Del. C. Ch. 64, hereby adopts the following program applicable to the fee for disposal of solid waste at authority facilities:

1. The base rate for disposal of solid waste (excluding special and industrial process solid waste) shall be $58.50 per ton.

2. For those persons entering into a contract with the Authority to bring all of their solid waste (excluding special and industrial process solid waste) which has been collected in the State of Delaware to Authority facilities, the rebates set forth shall be paid by the Authority subject to the folowing:

a. The contract term shall be from the effective date to June 30, 2002, July 1, 2000 to June 30, 2002, or July 1, 2001 to June 30, 2002.

b. A rebate of $10.00 shall be paid for each ton of solid waste (excluding special and industrial process solid waste) delivered to Authority facilities and for which the base rate disposal fee of $58.50 per ton has been paid to the Authority. The rebate shall be paid for the following periods in which the solid waste (excluding special and industrial process solid waste) has been delivered:

(i) Effective date through June 30, 1999

(ii) July 1, 1999 through June 30, 2000

(iii) July 1, 2000 through June 30, 2001

(iv) July 2001 through June 30, 2002

c. The rebate for the periods set forth in Paragraph 2(b) above shall be paid within forty-five (45) days after full payment has been made to the Authority by the person entitled to the rebate, for the solid waste (excluding special and industrial process solid waste) delivered during the applicable period.

d. An additional rebate shall also be paid in the event that the solid waste (excluding special and industrial process solid waste) delivered to the authority facilities exceeds 800,000 tons for any of the following periods:

(i) July 1, 1999 to June 30, 2000

(ii) July 1, 2000 to June 30, 2001

(iii) July 1, 2001 to June 30, 2002

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.

e. In order to enter into the program, persons delivering solid waste (excluding special and industrial process solid waste) collected in the State of Delaware shall execute contracts with the Authority (I) prior to the effective date for the contract term from the effective date to June 30, 2002; (ii) on or before June 30, 2000 for the contract term July 1, 2000 to June 30, 2002; and (iii) on or before June 30, 2001 for the contract term July 1, 2001 to June 30, 2002.

3. Those persons not under contract with the authority shall be entitled to use the Authority facilities for disposal of solid waste collected in the State of Delaware, subject to payment of such rate or rates established by the Authority, and subject to compliance with the regulations and requirements of the authority and other applicable laws and regulations.

4. The contracts utilized to effectuate this program shall be uniform and shall be consistent with the operative provisions of the program as set forth herein, and shall contain such other terms and conditions deemed desirable and acceptable to the Authority. Anything to the contrary contained herein not withstanding, municipalities, political subdivisions and governmental instrumentalities and entities which deliver to Authority facilities all their solid waste (excluding special and industrial process solid waste) collected in the State of Delaware shall be entitled to the full benefits of this program, without the need of entering into a contract with the authority. The contracts shall inure to the benefit of and be binding on the persons, including their successors, assigns, parents, subsidiaries, affiliates, partners, joint venturers, divisions, and all other entities existing or newly formed, controlled directly or indirectly by such persons, through change in ownership or status by transfer of assets or otherwise, and which engage in the collection and/or transportation of solid waste (excluding special industrial process solid waste) generated in the State of Delaware.

5. This Program shall be available to all persons having active accounts with the Authority effective January 1, 1999 and who have delivered to authority facilities during the preceding twelve (12) month period a total of at least one hundred (100) tons of solid waste (excluding special and industrial process solid waste). For new accounts with the Authority after January 1, 1999, persons establishing such accounts shall be entitled to enter the program provided:

(a) the uniform contract referenced in Paragraph 4 herein is executed within sixty (60) days of the date the new account is established;

(b) the term of the contract extends to June 30, 2002;

(c) the new account is with a new person, and not a person having an account with the authority as of January 1, 1999; and

(d) the program benefits do not come into effect until sixty (60) days after the new account is established.

6. For purposes of this program the term “person” is defined to mean any individual, partnership, corporation, association, institution, cooperative enterprise, municipality, commission, political subdivision or other duly established legal entity. The term “person” shall also include successors, assigns, parents, subsidiaries, affiliates, partners, joint venturers, divisions, and all other entities existing or newly formed, controlled directly or indirectly by the person, through change in ownership or status by transfer of assets or otherwise.

7. This program shall become effective on the effective date established by the Authority and continue until June 30, 2002.

Proposed Amendment to the Statewide Solid Waste Management Plan

INTRODUCTION

On August 31, 1998 the Delaware Solid Waste Authority (“DSWA”) announced that it was initiating the process of updating its Statewide Solid Waste Management Plan (“Plan”) which was last amended on May 24, 1994. As part of the process, written comments were solicited from the public by October 2, 1998, and it was indicated that public workshops would be held to discuss comments and develop a framework/outline for the initial draft of the Plan revision.

In addition to the comprehensive process of updating the Plan, the DSWA is undertaking this limited Plan amendment in conjunction with regulation changes to afford the DSWA greater solid waste management program flexibility. The management flexibility is set forth hereafter and is intended to supplement the existing Plan. To the extent that there is any inconsistency, this proposed Plan amendment supercedes.

BACKGROUND

The DSWA has been directed by the Delaware General Assembly to carry out specific statutory responsibilities under 7 Delaware Code Chapter 64 (see appendix A of the Plan as adopted May 1994). Some of those responsibilities include:

1. That a statewide comprehensive program for management, storage, collection, transportation, utilization, processing and disposal of solid waste be established.

2. That a program for the maximum recovery and reuse of materials and energy resources derived from solid wastes be established.

3. That a program for protecting the land, air, surface, and groundwater resources of the State from depletion and degradation caused by improper disposal of solid waste be established.

4. That a statewide solid waste management plan be developed and implemented by DSWA.

In order to fulfill those responsibilities, the Delaware General Assembly provided DSWA with statutory capabilities. Some of those capabilities include:

1. Plan, design, construct, finance, manage, own, operate and maintain solid waste management facilities.

2. The receipt, transfer, storage, transportation, and handling of solid waste and development of support facilities as deemed necessary by DSWA.

3. Being granted all powers necessary to fulfill these purposes and to carry out assigned responsibilities.

4. Develop, implement and supervise a program requiring all persons who haul, convey or transport any solid waste to obtain a license from DSWA.

5. Charge reasonable fees for services.

6. Control, through regulation or otherwise, the collection, transportation, storage and disposal of solid waste, and sanction any person who violates a regulation or a license condition.

7. Establishment of fees and charges for owners and occupants of real estate to support budgeting needs.

8. Utilize private industry to the maximum extent feasible to perform planning, design, management, collection, construction, operation, manufacturing, and marketing functions related to solid waste disposal and resources recovery.

9. Assist in the development of industrial enterprises based upon resources recovery, recycling, and reuse.

10. Purchase, manage, lease or rent real and personal property.

11. Do all things necessary for the performance of its duties, the fulfillment of its obligations, the conduct of its operations and the conduct of a comprehensive program for solid waste disposal and resources recovery, and for solid waste management services.

12. Make short and long range plans for the storage, collection, transportation or processing and disposal of solid wastes and recovered resources by the DSWA-owned facilities.

13. Contract with municipal, county and regional authorities, state agencies and persons to provide waste management service in accordance with this chapter and to plan, design, construct, manage, operate and maintain solid waste disposal and processing facilities on their behalf.

14. Utilize private industry, by contract, to carry out the business, design, operating, management, marketing, planning and research and development functions of the DSWA or the DSWA may determine that it is in the public interest to adopt other courses of action.

15. Enter into a contract or contracts with any municipality providing for or relating to the collection or treatment and disposal of garbage, solid wastes and refuse originating in the municipality and the cost and expense of such collection or treatment and disposal.

The DSWA has, under its statutory provisions implemented projects to meet the legislated mandate. Such projects include:

Delaware Reclamation Project

Cherry Island Landfill Phases I – V

Intermediate Processing Center

Pigeon Point Transfer Station

Pinetree Corners Transfer Station

Sandtown Landfill Areas A – E

Jones Crossroads Landfill Cells 1 –3

Recycle Delaware Centers (120 locations)

Recyclables Marketing Program

Collection Stations (5 locations)

Household Hazardous Waste Collection

Public Education Program

DSWA by contract has participated as a customer in private sector owned facilities such as Waste to Energy projects and recycling centers.

The DSWA has identified several future projects to continue to meet its legislative mandate. Such projects include:

Delaware Recycling Center / Materials Recovery Facility

Central Solid Waste Management Center: Transfer Station / Materials Recovery Facility

Southern Solid Waste Management Center: Transfer Station / Materials Recovery Facility

Cherry Island Landfill Phase VI

Pine Tree Corners Transfers Station Expansion

Sandtown Landfill Areas F – H

Jones Crossroads Landfill Cells 4 –6

Statewide Site Development

Transportation Operations and Maintenance Centers

The DSWA’s enabling legislation establishes a statewide solid waste management system which is unique. The scope of the DSWA’s responsibilities are broad and the DSWA has implemented a program which not only meets state needs, but which is regional in nature. To support the DSWA’s program, which has involved significant out of state disposal of solid waste, the DSWA has chosen among available management options, a statutorily authorized method of directing the flow of certain solid waste generated in the state to DSWA facilities. Although the DSWA’s method of controlling waste flow is considered valid, the decision of the United States Supreme Court rendered in C. A. Carbone, Inc. v. Town of Clarkstown has caused all flow methods to be scrutinized.

Faced with constantly changing solid waste disposal objectives and alternatives, many of which could decrease the DSWA’s participation in out of state disposal activities and involvement with out of state interests, the DSWA finds it necessary to have available the maximum flexibility possible to structure a program which best meets the needs of the citizens of the state and protects the public health and the environment. Accordingly the DSWA by this amendment to the Plan identifies the alternatives available to the DSWA for replacing the current method of flow control.

SOLID WASTE MANAGEMENT OPTIONS

In addition to the alternatives set forth in Chapter IV of the Plan, the DSWA shall have available the following solid waste management options:

1. The provision by contract with solid waste haulers for solid waste collection and transportation services.

2. The provision of recycling services.

3. Use of differential pricing for solid waste disposal fees.

4. Establishment of fees and charges for owners and occupants of real estate to satisfy budgetary needs.

5. Construction or acquisition in whole or in part of facilities to satisfy solid waste collection, transportation, transfer, recycling or disposal needs.

The DSWA, in reviewing the management system options available for establishing user fees, considers differential pricing for solid waste disposal to be the preferable alternative of the options set forth above. The DSWA in implementing management options may utilize DSWA staff or contract for services. The DSWA may enter into short or long-term agreements under such terms and conditions considered desirable by the DSWA. The DSWA may set and modify the fees it charges in implementing any of the management options. In selecting and implementing options, alternatives and ancillary program features, including the establishment and modification of fees, the DSWA shall act through Resolution of its Board of Directors.

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