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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsFebruary 2017

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7 DE Admin. Code 1305
Under the authority vested in the Secretary of the Department of Natural Resources and Environmental Control (“Department”) pursuant to 7 Del.C. §§6006, 6010, 29 Del.C. §§10101 et seq. and any other relevant authority, the Department issues the following findings of fact, reasons and conclusions as an Order of the Secretary to adopt proposed regulations as final regulations.
This Order considers proposed regulations, Universal Recycling Regulations, 7 DE Admin. Code 1305 (“Regulation 1305”), which will assist the Department in administering its duties under the Universal Recycling Law ("URL"), Subchapter III of 7 Del.C. §§6051-59. The URL sets recycling goals by 2020, which will require increased recycling, particularly from the commercial and multi-family residential sectors.
The Department’s Division of Waste and Hazardous Substances, Solid and Hazardous Waste Management Section (“SHWMS”) is responsible for the Department's regulation of solid waste recycling. The SHWMS obtained the Department's approval to commence the regulatory development process with Start Action Notice 2016-03 signed April 18, 2016 to develop proposed regulations. The SHWMS thereafter drafted the proposed regulations and held public workshops in Bear, Lewes, and Dover on September 6, 7, and 14, 2016, respectively. The SHWMS also kept the Recycling Public Advisory Council1 (“RPAC”) informed of the regulatory developments. The SHWMS prepared the required Regulatory Flexibility Act forms, and submitted them along with the proposed Regulation 1305 and a public notice of a November 21, 2016 public hearing for publication in the November 1, 2016 issue of the Delaware Register of Regulations. In addition, on October 30, 2016, the SHWMS had published public notices of the proposed Regulation 1305 and the Department’s public hearing in The News Journal and the Delaware State News.
The Department finds that the Final Regulations are a reasonable regulatory effort to increase recycling to achieve the goals set forth in the law, which requires by January 1, 2015 the diversion of disposal of 72% of solid waste and 50% of municipal solid waste. 7 Del.C. §6056. The law requires annual reporting and the last report submitted, which showed that the recycling rates were 72% for solid waste and 42.6% for municipal waste in 2015 and imposes further increases in recycling by 2020, which the Final Regulations should help achieve.
1. Pursuant to 7 Del.C. Chapter 6010, the Department has the statutory authority to adopt this Order approving the Final Regulations to promote recycling consistent with 7 Del.C. §§6051-59;
6. The Department has reviewed the Final Regulations in the light of the Regulatory Flexibility Act, 29 Del.C. Ch. 104, and determines that they are lawful, feasible and desirable, and shall apply to all Delaware citizens equally;
7. The Final Regulations, as set forth in Appendix "A" hereto, are the same as published in the Delaware Register of Regulations and shall go into effect by operation of law not less than ten days after their publication in the next available issue of the Delaware Register of Regulations; and
8. The Department shall submit this Order approving the Final Regulations as 7 DE Admin. Code 1305: Universal Recycling Regulations, to the Delaware Register of Regulations for publication in its next available issue, and provide such other notice as the law and the Department's regulations require and as the Department determines is appropriate. Commercial sector entities required by 7 Del.C. §6053(4) to participate in comprehensive recycling; and
"Commercial sector" means any for-profit or not-for-profit retail or wholesale stores, offices, food service establishments, hospitality, utility, warehouses, and other manufacturing, industrial or processing activities, and institutions such as social, charitable, educational, health care, professional and government services.
"Marketplace" means a person or persons that utilize the majority, if not all, of the recyclable materials it receives to produce a marketable product. Incinerators, landfills, and other methods of disposal are disqualified as an acceptable marketplace.
"Property manager" means the person or persons responsible for supervision, management or administration of the physical maintenance or the financial matters of real property. This includes but is not limited to the owner of the property.
"Waste services provider" means the person or persons engaged in providing solid waste collection service to the consumer. This applies to the persons or entities that arrange or contract for the service and the persons or entities that provide that service. The meaning shall be the same for 'Provider of waste service'.
4.5 The exemption for persons who transport solid waste and recyclables from their own property as described in 7 Del.C. §6053(5) shall not include persons who act as a waste services provider to residences or tenants on their own property.



Last Updated: December 31 1969 19:00:00.
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