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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsJanuary 2016

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1 DE Admin. Code 501
WHEREAS, the Delaware Solid Waste Authority (the "Authority") is a body corporate and politic constituting a public instrumentality of the State of Delaware duly established and organized under Chapter 64 of Title 7 of the Delaware Code, as amended (the "Act"); and
WHEREAS, under the Act, the Authority is charged with comprehensive responsibility for management and disposal of Delaware solid waste statewide; and
WHEREAS, in discharging its responsibilities, the Authority operates and maintains three state of the art landfills and three modern solid waste transfer stations; and
WHEREAS, under the Act, the Authority is charged with developing and implementing statewide recycling programs and resource recovery programs intended to maximize the recovery of usable materials from Delaware waste; and
WHEREAS, in furtherance of this recycling and resource recovery mission, the Authority has implemented a drop off single stream recycling program and has established the Delaware Recycling Center at Pigeon Point in New Castle County; and
WHEREAS, the Authority also manages special recycling and disposal programs, such as yard waste mulching and composting and household hazardous waste collections; and
WHEREAS, the Authority is engaged in community outreach programs at multiple events annually throughout the State; and
WHEREAS, the foregoing operations and programs are projected to result in expenditures in excess of $45 million annually; and
WHEREAS, the Authority has projected capital expense requirements in future years in the range of an additional $7 to $11 million annually; and
WHEREAS, from time to time the Authority issues high quality revenue bonds, the debt service on which is expected to be $11 million for fiscal year 2016; and
WHEREAS, the Authority's primary source of revenue to support these expenses and debt service is tipping fees paid on the disposal of waste at the Authority's facilities; and
WHEREAS, a stable and reliable source of revenue in future years is critical to the continuation of the Authority's operations and programs, and the servicing of its debt; and
WHEREAS, the Authority is empowered by statute to require that all solid waste generated in Delaware be disposed of at Authority facilities; and
WHEREAS, ensuring that all Delaware solid waste is disposed of at Authority facilities will assure a consistent stream of revenue from year to year; and
WHEREAS, ensuring the delivery of Delaware solid waste to the Authority will also help ensure that Delaware solid waste is disposed of in properly designed landfills; and
WHEREAS, ensuring delivery of Delaware solid waste to the Authority will help ensure that hazardous wastes are not improperly disposed of; and
WHEREAS, ensuring the delivery of Delaware solid waste to Authority landfills will allow the Authority to better evaluate and understand the volume and composition of solid waste generated in Delaware, which understanding is needed in order for the Authority to update and keep current the Statewide Solid Waste Management Plan; and
WHEREAS, on October 1, 2015, the Authority proposed amendments to its Regulations that would require most Delaware solid waste to go to a DSWA designated facility, subject to limited exceptions; and
WHEREAS, the proposed amendments to the Regulations would also impose limitations on the types of vehicles licensees may utilize, and also would impose reporting requirements in respect of the delivery of Delaware generated recyclables to out of state facilities; and
WHEREAS, a public hearing was held on November 2, 2015 on these proposed amendments; and
WHEREAS, the Authority's hearing officer, James D. Nutter, has issued his Proposed Order and Recommendations on the matter, and has recommended adoption of the amendments to the Regulations with just one non-substantive change from the form of amendments proposed by the Authority; and
WHEREAS, the Authority's management has recommended that the Board of Directors adopt the amendments with the single non-substantive change proposed by the Authority's hearing officer; and
WHEREAS, the Board of Directors of the Authority has considered the recommendations of management and has reviewed the hearing officer's Proposed Order and Recommendations, as well as the transcript of the hearing, and all documents admitted into evidence.
RESOLVED, that the Board of Directors of the Delaware Solid Waste Authority adopts the amendments to the Regulations of the Delaware Solid Waste Authority with just one non-substantive change from the form proposed by the Authority on October 1, 2015, and in furtherance thereof shall execute a Final Order accomplishing same.
FURTHER RESOLVED, that management of the Delaware Solid Waste Authority shall take all steps necessary to ensure that the Final Order is published in the Delaware Register of Regulations and that the amendments to the Regulations of the Delaware Solid Waste Authority become effective on July 1, 2016.
2. On October 1, 2015, the Delaware Solid Waste Authority caused to be published, in the Delaware Register of Regulations, notice of proposed amendments to the Regulations. The proposed amendments to the Regulations were also the subject of publication on the DSWA website as well as in the Delaware News Journal and the Delaware State News on October 1 and 4, 2015, and.
3. In accordance with 7 Del.C. §6403(i) and 29 Del.C. §10117, on Wednesday November 2, 2015 a hearing was held before James D. Nutter, Esquire, the Authority's designated hearing officer. At the hearing, documents and sworn testimony were received into evidence. Public comment was also received.
SO ORDERED, this 3rd Day of December, 2015.
"Act" means the Delaware Solid Waste Authority Act, 7 Del.C. Ch. 64.
"Applicant" means any person applying for a License under these regulations.
"CEO" means Chief Executive Officer and General Manager of DSWA.
"Chairman" means the Director designated by the Governor as chairman of DSWA in accordance with 7 Del.C. §6403(a).
"Collection Vehicle" means any vehicle, truck, container, box, trailer, roll-off, or other device used for the collection, transportation or delivery of solid waste or recyclable materials.
Companywide Policy means a statement of policy or operating procedure adopted by a resolution of a company’s board of directors or other governing body, which statement of policy or operating procedure shall be applicable uniformly to all industrial facilities owned or operated by such company (including any subsidiary thereof) without regard to whether such industrial facilities are located within or outside of the State of Delaware.
Construction and Demolition Waste means the nonhazardous component of dry waste comprised of discarded materials from construction, restoration and demolition activities and projects. In order to meet this definition, construction and demolition waste must be free of any commingled municipal solid waste or dry waste from other sources.
"Contamination" means unacceptable material(s) mixed in a primary material, which in DSWA's sole judgment corrupts the intended use or the intended classification of the primary material. For example, a DSWA representative using visual senses may determine a load of material to be "contaminated" because municipal waste was found mixed in a load of material purported to be recyclable materials.
"DNREC" 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. §6403.
"Dry Waste" means any solid waste including, but not limited to construction and demolition waste, 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.
"DSWA Facility" means any DSWA solid waste disposal or recyclable materials site, system or process and the operation thereof, including but not limited to personnel, equipment and buildings. Such facility includes any landfill, recycling project, including resources recovery projects such as waste to energy projects, collection station, transfer station, or other solid waste processing or disposal facility for projects operated by, on behalf of, or under contract with DSWA.
"Hazardous Waste" means a solid waste, or combination of solid wastes, which because of its quantity, concentration, or physical, or chemical or infectious characteristics may cause or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating irreversible illness, or 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 described in §§261.31, 261.32 and 261.33 of the Delaware Regulations Governing Hazardous Waste.
Industrial Facility means any land, and any building or other improvement thereon, which shall be maintained and utilized for the mechanical or chemical transformation of organic or inorganic substances into new products, characteristically using power-driven machines and materials handling equipment. The term “industrial facility” shall not include non-manufacturing business establishments, including hotels, restaurants, wholesale businesses, retail stores, warehouses, storage facilities, and health, social and educational institutions. Furthermore, the term “industrial facility” shall not include any land, and any building or other improvement thereon, that is primarily utilized for federal, state or local government activities.
"Industrial 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.
"Licensee" means a person holding a License issued by DSWA pursuant to Article III of these Regulations.
"License" means the License to collect, transport and/or deliver Solid Waste in the State of Delaware, issued by DSWA in accordance with the provisions of Article 3.0 of these Regulations.
"License Stickers" means the stickers which DSWA issues under the License identifying the Licensee's account number and a vehicle number, which shall be affixed to both sides of the vehicle.
"Municipality" means a county, city, town or other entity or public body of the State of Delaware including but not limited to any State agency, department, instrumentality, commission, board, school district, and publicly supported institution of higher learning.
"Permit" means the stickers which DSWA issues under the License identifying the Licensee's account number and a vehicle number, which shall be affixed to both sides of the vehicle.
"Person" means any individual, partnership, corporation, association, institution, cooperative enterprise, municipality, commission, political subdivision, or other entity.
"Recycling" means the process by which solid waste and other discarded materials are transformed into usable materials or managed separately in an authorized manner to reduce adverse environmental impacts.
"Recycling Center" means any solid waste management facility designed and operated by or on behalf of the DSWA for the purpose of receiving Recyclable Materials. This definition shall include drop off centers for recyclable Materials maintained throughout the State by DSWA, and shall also include the Delaware Recycling Center at Pigeon Point.
"Recyclable Materials" means materials or groups of materials that can be and commonly are collected or and separated from the waste stream and sold or used for beneficial purposes and in an authorized manner to reduce environmental impacts.
"Recycler" means a person in the business of collecting, transporting, and delivering recyclable materials.
"Solid Waste" means any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant or air 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 7 Del.C., Ch. 60 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.
"Source Separation" or "Source Separated" means the process by which recyclable materials are segregated and kept apart from the waste stream by the generator thereof, at the source of generation, for the purpose of collection, disposition, or recycling or resources recovery.
"Special Solid Wastes" means those wastes that require extraordinary management. They include but are not limited to abandoned automobiles, white goods, used tires, waste oil, sludges, dead animals, agricultural and industrial solid waste, municipal ash, septic tank pumpings, and sewage residues.
"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.
"Yard Waste" means plant material resulting from lawn maintenance or other horticultural gardening or landscaping activities and includes but is not limited to grass, leaves prunings, brush, shrubs, garden materials, Christmas trees, and tree limbs up to 4 inches in diameter.
3.8.6 For Licensees newly licensed on and after January 10, 2016, such Licensees shall only utilize enclosed compactor type vehicles or “roll-offs” with a cover sufficient to prevent any spillage of, loss of, or littering for the collection, transportation, or delivery of solid waste, except for vehicles utilized only to collect, transport, or deliver solid wastes referenced in Section 4.2 and Section 4.3, Infra., or oversized bulky waste, such as couches and large household appliances (i.e., “white goods”).
3.14 The License period for municipalities shall be five years. The License period for all Licensees except municipalities shall be two years, or such other time period as determined by DSWA’s CEO or COO. The License renewal application shall be submitted to DSWA at least thirty (30) calendar days prior to the expiration date of the existing License.
3.18 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 §3.15 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 DSWA Solid Waste Facility. Only persons licensed by DSWA shall utilize properly complete letters of authorization. No other letters of authorization shall be accepted at DSWA facilities.
3.23.5 Any transfer, assignment or other arrangement whereby the customers or accounts of one Licensee are serviced by another Licensee. Such notice shall include the number and type (e.g., commercial, municipal, residential, industrial, etc.) of accounts or customers affected, and a description of the geographical location in which such accounts or customers are located.
4.1 Any solid waste, including but not limited to dry waste, that is generated in the State of Delaware, and collected, or transported by a Licensee or by any person on behalf of a Licensee, or any municipality, or by a person pursuant to an agreement with any municipality, shall be disposed of at a DSWA facility, unless it is a solid waste listed in Section 4.2 or Section 4.3. Any Licensee, municipality, or other person that enters into an agreement for the collection or transportation of such solid waste that is required to be delivered to a DSWA facility pursuant to this section shall include in such agreement a requirement that the solid waste shall be disposed at a DSWA facility. Every person required by contract to deliver solid waste or Recyclable Materials to a DSWA facility shall comply with such requirement.
4.3.1 Yard waste, subject to any limitations imposed by statute, regulation or permit conditions; or otherwise unless the CEO or his designee determines such waste would have an adverse effect on the DSWA facility, in which case Yard Waste shall not be delivered to the DSWA facility.
4.3.5 Source separated Rrecyclable materials
8.2.1 dispose of solid waste or litter other than source separated recyclable materials or, to the extent appropriate, construction and demolition waste;
8.3 The collection and transportation of recyclable materials shall be subject to the requirements of subsections 8.3.1 through 8.3.3 below:
8.3.1 Recyclable materials shall be source separated, segregated and stored apart from solid waste at the place of generation, including any materials to be collected under curbside recycling programs;
8.3.2 Any Recyclable mMaterials that are not delivered to a DSWA facility and that are in the possession of a Municipality (or any person under contract with such Municipality) or that are in the possession of a person required by contract with the DSWA to deliver solid waste to DSWA facilities, shall be delivered for processing only to a recycling facility that certifies as to its operations that: (i) the rate of recovery from recyclable materials is at least eighty percent (80%) by weight unless the waste is construction and demolition waste, in which case the rate of recovery is at least sixty fifty percent (650%) by weight; and (ii) materials recovered (i.e., not residue) must be recovered for reuse and not for disposal as solid waste. The foregoing certification shall be provided in the form attached hereto as Attachment D; and
8.3.4 All Licensees that have transported Recyclable Materials during the course of any calendar year shall report on a form substantially similar to Attachment F, no later than March 1 of the following year, the tonnage of recyclables delivered to each non-DSWA facility during such year and the average rate of recovery from Recyclables at each such facility for such year[, certified by an authorized person on behalf of such facility]. The annual report shall contain a certification from the Licensee that to the best of the Licensee's knowledge, the materials recovered from Recyclables delivered to such facility were sold or delivered into the market for recovered materials and were not landfilled.
9.1.2 submit to DSWA the report required by §9.1.1 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, shown in Attachment E;
9.1.3 make the records required to be maintained and preserved by §9.1.1 of these Regulations available for inspection by representatives of DSWA during normal business hours.
Street Area code - Phone number
City State Zip Code
Name of Individual having administrative responsibility at this location
Street Area code - Phone number
City State Zip Code
Name of Individual having administrative responsibility at this location
Name of service
City State Zip Code
Name of Individual having administrative responsibility at this location
Name
City State Zip Code
Name
City State Zip Code
6. Type of business: Sole Proprietorship Partnership Municipality Corporation*
8. Delaware Business License number: (contact Division of Revenue)
Name Percentage
Name Percentage
Name Percentage
12. Officers, Directors, Shareholders holding in excess of 10% of issued Stock in incorporated business:
Name Percentage
Name Percentage
C: ___________________________________________________________________________
Name Percentage
13. 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 principals involved, indicating the nature and extent of the interest.)
Not applicable Applicable, provide details:
Not applicable Applicable, provide details:
No Yes (Provide details: Use the back of this sheet or separate sheet if necessary)
Not applicable Applicable, provide details:
Mon Tue Wed Thu Fri Sat Sun
4. Did the Facility achieve an average recovery rate of at least 650% by weight for such construction and demolition waste in each month during the period certified?
Facility Identification Type (C&D or All Other) Tons Delivered Average Recovery Rate
Printed Name and Title:_______________________________________
Last Updated: December 31 1969 19:00:00.
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