DELAWARE SOLID WASTE AUTHORITY
PUBLIC NOTICE
Proposed Amendment ot the Statewide Solid Waste Management Plan
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.
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.