DELAWARE SOLID WASTE AUTHORITY

FINAL

ORDER

501 Regulations of the Delaware Solid Waste Authority

Delaware Solid Waste Authority

Resolutions of the Board of Directors

December 3, 2015

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.

NOW THEREFORE, be it:

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.

So adopted this 3rd day of December, 2015

FINAL ORDER AND DECISION

1. This is the Final Order and Decision of the Directors of the Delaware Solid Waste Authority (the "Authority") on proposed amendments to the Regulations (the "Regulations") of the DSWA.

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.

4. The Authority issues this Final Order and Decision after a review of the documents and evidence admitted into the record at the hearing, as well as a careful review of the hearing officer's Proposed Order and Recommendations dated December 1, 2015.

Summary of Evidence, Findings of Fact and Conclusions of Law

5. The summary of evidence set forth in the hearing officer's Proposed Order and Recommendations accurately summarizes the documentary evidence and verbal testimony received into the record.

6. The findings of fact and conclusions of law in the Proposed Order and Recommendations appear well reasoned and amply supported by the summary of the evidence contained therein.

7. Accordingly, the summary of the evidence, findings of fact and conclusions of law set forth in the Proposed Order and Recommendations are incorporated by reference and adopted herein in their entirety as if fully set forth herein.

The Hearing Officer's Report can be viewed at the following link:

(http://regulations.delaware.gov/register/january2016/final/HearingOfficersReportReg501.pdf)

Decision

8. For the reasons set forth above, the Regulations of the Delaware Solid Waste Authority are amended in the form set forth in Exhibit A hereto.

SO ORDERED, this 3rd Day of December, 2015.

501 Regulations of the Delaware Solid Waste Authority

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

"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.

3.1 No person shall collect, transport, and/or deliver solid waste, or dry waste, except recyclable materials, in the State of Delaware without first having obtained a License, provided, however, that:

3.1.1 persons transporting and delivering solid waste, or dry waste, that they created on their premises resulting from their activities shall not be required to obtain a License; and

3.1.2 persons collecting, transporting and/or delivering solid waste, or dry waste, in the course of their employment by a person holding a License shall not be required to obtain a License.

3.1.3 persons who first became subject to this licensing requirement because of amendments to the regulations which require a License for the collection, transport, and/or delivery of dry waste, shall not be required to have such License for the 60 day period following the effective date of the regulations.

3.2 The CEO may designate a specific DSWA facility or facilities for delivery or disposal of solid waste, dry waste, or recyclable materials.

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

3.3.1 the License Stickers provided by DSWA which shall remain 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. The 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 the License Stickers;

3.3.2 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.

3.4 Licensees shall maintain business offices and phone numbers as follows:

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

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

3.4.1.2 each Licensee shall provide a street address for the business office to which correspondence may be mailed;

3.4.1.3 [Reserved]

3.4.1.4 notification regarding any change of business location or telephone number shall be provided to DSWA in writing within seven days of such change.

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

3.5.1 each Licensee shall provide a street address for the business office or dwelling to which correspondence may be mailed. A Post Office Box shall not satisfy this requirement;

3.5.2 [Reserved]

3.5.3 notification regarding any change of business location or telephone number shall be provided to DSWA in writing within seven days of such change.

3.6 Each Licensee shall maintain insurance at the following minimum amounts:

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

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

3.6.3 Workman's Compensation as required by law.

3.6.4 Each Licensee shall provide to DSWA new certification of the coverages specified in Section 3.6 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.

3.7 Each DSWA permitted vehicle shall, at all times:

3.7.1 Be maintained to prevent fluids or other contents from spilling onto any surface;

3.7.2 Be capable of being readily emptied;

3.7.3 Be kept in as much of a sanitary condition as possible to control the presence of vectors;

3.7.4 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 DSWA facility; and

3.7.5 Be subject at all times to inspection by DSWA, including the contents thereof.

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

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

3.8.2 Solid waste, or dry waste, in collection vehicles and/or containers shall be suitably enclosed or covered to prevent littering or spillage of solid waste or fluids.

3.8.3 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 facility authorized to receive such waste 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.

3.8.4 Any spillage shall be immediately cleaned up and removed.

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

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”).

3.9 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 first time 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.

3.10 As a minimum each Licensee, except for municipalities with a written agreement with a licensed collector for such backup, shall own and/or lease, in the name of the licensee, at least two fully and continuously operational collection vehicles of like service, except for down time for routine maintenance

3.11 Each Licensee shall pay all amounts due and owing to the DSWA for services at the time such services are rendered, unless such Licensee has a charge account established and in good standing in accordance with DSWA policy and procedure respecting charge account privileges.

3.12 Any person desiring to collect, transport, and/or deliver solid waste or dry waste, except recyclable materials, 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 Attachment "A" of these Regulations. DSWA shall approve or deny License applications within thirty (30) days of receipt of a completed application.

3.13 DSWA may require information to supplement that requested in Attachment "A" in reviewing License applications.

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.

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

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

3.15.2 The state motor vehicle registration number.

3.15.3 A description of chassis by year and manufacturer.

3.15.4 A description of the body by year and manufacturer.

3.15.5 The legal weight limit of the vehicle.

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

3.15.7 Evidence of the insurance coverage as required by Section 3.6.

3.16 Each License shall contain the following:

3.16.1 Owners Name and/or trading name.

3.16.2 Physical and/or mailing addresses.

3.16.3 License period.

3.16.4 Authorized signature.

3.16.5 Special License conditions regarding collection, transportation, and/or delivery of solid waste or dry waste, as specified by DSWA.

3.17 The Licensee shall notify DSWA of any transfer of a License or title to a DSWA permitted vehicle within seven days of such transfer. Except for a municipality with a written agreement with a licensed collector for backup capacity, no person shall be entitled to collect, transport and/or deliver solid waste or dry waste under another person's 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.

3.19 No License shall be issued to any person who:

3.19.1 has a charge account with DSWA that is past due in accordance with DSWA policies or

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

3.19.3 holds or has held a License which has been revoked;

3.19.4 holds or has held a License which has been suspended, for such period as the License is suspended;

3.19.5 holds or has held an interest in any Licensee whose License has been revoked;

3.19.6 holds or has held an interest in any Licensee whose License has been suspended, for such period as the License is suspended; and

3.19.7 owns, in whole or in part, operating assets, including vehicles and routes, which were acquired from a Licensee whose License 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.

3.20 Any person who first collects, transports, and/or delivers solid waste or dry waste, except recyclable materials, within the State of Delaware, without leaving first obtained a License under this Article, shall not be issued a License required under this Article, until the expiration of one hundred twenty (120) days after the last day on which such collection, transportation and delivery without a License occurred, or as determined by the CEO, or his designee.

3.21 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.

3.22 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 these Regulations.

3.23 A Licensee shall give written notice to DSWA within seven (7) days of any of the following:

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

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

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

3.23.4 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.

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.

3.24 With respect to any vehicle which accesses a DSWA facility based on the extension of credit by DSWA, the vehicles shall use:

3.24.1 License Stickers;

3.24.2 RF transponders;

3.24.3 barcode identification Cards; or

3.24.4 Other identification as permitted by DSWA.

By using one or more of the above required items, the originally assigned person is accepting responsibility for all charges to the person's account. The required identification items are the property of DSWA and must be removed, returned, and/or destroyed in accordance with existing DSWA policy upon selling or transferring a vehicle. The originally assigned person remains responsible for all charges to his account until DSWA receives written documentation from the person to confirm a change in the status of the account or the account vehicle. (For example: selling or trading a vehicle.)

3.25 Each Licensee shall submit a report for the preceding calendar year no later than February 1 of each year to DSWA stating, with respect to any waste collected in the State of Delaware and disposed of at a location other than a DSWA Solid Waste Facility, the quantities and types of waste disposed of, the names and address of the facility where it was disposed of, and any other information required on a form to be supplied by DSWA (See Attachment B).

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.

4.2 The following solid wastes shall not be delivered to a DSWA facility:

4.2.1 Hazardous wastes

4.2.2 Explosives

4.2.3 Pathological and infectious wastes

4.2.4 Radioactive wastes

4.2.5 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 DSWA facility, or the operation of the DSWA facility, or if an effective means of risk and cost allocation cannot be achieved.

4.2.6 Wastes which are prohibited by the DSWA facility(s) DNREC permit.

4.2.7 Solid wastes, except recyclable materials, generated outside the State of Delaware.

4.3 The following solid waste may but is not required to be delivered to a DSWA facility for disposal or recycling, upon payment of the subject to any limitations imposed by statute, regulation or permit conditions; or otherwise appropriate fee or user charge, provided that delivery of such solid waste is not otherwise proscribed by §4.2:

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.

4.3.2 Non-hazardous waste resulting from emergency clean-up actions.

4.3.3 Any special solid waste allowed at a DSWA facility pursuant to Article VI Section 6.0 of these regulations.

4.3.4 Asbestos.

4.3.5 Source separated Rrecyclable materials

4.3.6 Industrial solid waste

4.3.7 Agricultural waste generated on a farm

4.3.8 Tires

4.3.9 Construction and demolition waste generated and collected in New Castle County.

4.3.10 Waste materials collected from industrial facilities which have adopted and implemented a companywide policy requiring all waste materials generated at its industrial facilities to be disposed at waste to energy plants. In order for waste to qualify under this subsection 4.3.10, the Licensee transporting such waste must provide a written notification from the industrial facility to the DSWA stating: (i) the name and location of the industrial facility in Delaware; (ii) the industrial facility’s companywide policy; (iii) the date and manner by which such companywide policy was adopted; and (iv) the name and location of the waste to energy plant to which the waste materials are being transported. The Licensee seeking to take advantage of this Subsection 4.3.10 must deliver the notice to the DSWA before transporting waste materials to a waste to energy plant.

5.1 Except as provided in Section 5.2, any person, other than a municipality and any person under an agreement with a municipality with respect to solid waste that must be delivered to a DSWA facility pursuant to Section 4.1, may dispose of the following at a DSWA facility (unless the CEO or his designee determines such waste would have an adverse effect in the DSWA facility) or other facility authorized to receive such waste: solid waste, including, but not limited to yard waste, dry waste, and recyclable materials.

5.2 Every person shall deliver solid waste to a DSWA facility to the extent so required by any agreement between such person, or its assignee, and DSWA.

5.3 No person shall deliver to a DSWA facility any waste listed in Section 4.2 of these regulations.

6.1 Any person causing or allowing special solid waste to be delivered to any DSWA facility shall obtain the approval of DSWA prior to commencement of such delivery; provided however, that where more than one person is involved in the generation and delivery of a particular special solid waste, approval of DSWA obtained by one person shall be sufficient. DSWA has adopted a policy on special solid wastes which provides detailed information regarding the approval process.

6.2 In the event that there are any risks or additional costs involved in accepting any special solid wastes, the CEO may impose a special 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 special solid waste surcharge:

6.2.1 Quantity of waste to be disposed of;

6.2.2 Degree of risk associated with such disposal;

6.2.3 Additional handling, processing and disposal costs;

6.2.4 Additional administrative expenses and overhead;

6.2.5 Additional environmental protection controls including monitoring.

6.3 The special 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.

6.4 Any person causing or allowing special solid waste to be delivered to a DSWA 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 special 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.

6.5 It shall be the responsibility of each generator of special solid waste, in addition to the person collecting, transporting and delivering it, to obtain the approval of DSWA for disposal of special solid waste at the DSWA facility and to assure that such waste is delivered to the DSWA facility for disposal. Such solid waste shall not be disposed in a DSWA facility if:

6.5.1 DSWA refuses to approve the disposal of such waste at a DSWA facility; or

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

6.5.3 the solid waste is described in § 4.2.

6.6 Any person aggrieved by a determination of the CEO or his designee, under this Article or Sections 4.2 and 4.3, may seek review thereof by the Directors of DSWA in accordance with the Act, and these Regulations.

7.1 All vehicles entering a DSWA facility to deliver solid waste, dry waste, construction and demolition waste or recyclable materials, 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 designated area at the DSWA facility. In the event that an invoice generated from the charging of fees or user charges at a DSWA facility is not paid in accordance with DSWA credit policies the License may be revoked or suspended. Before the License revocation and/or denial of use, the user may have a hearing before the Directors of DSWA, and the user shall be given at least fifteen (15) days notice of the hearing. The procedure for obtaining and holding the hearing shall be as set forth in these Regulations.

7.2 After weighing and at the direction of the Weighmaster or other DSWA representative, each vehicle shall proceed to the area designated. Spotters at the landfill face or on the tipping floor shall direct the vehicles to a special loading/unloading location. Vehicle drivers shall maintain safe distances from other vehicles at all times while at a DSWA facility. 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 DSWA facility without the express approval from a DSWA representative.

7.3 Each vehicle operator shall exercise caution, due care, and safe procedures in all operations at all DSWA facilities. Vehicle drivers who disregard the posted speed limits on a DSWA facility may be denied access to any DSWA facility. Vehicle operators shall follow directions from the DSWA or its representative.

7.4 No hand sorting, picking over, or salvaging of solid waste, dry waste or recyclable materials will be permitted at any time, without specific DSWA approval.

7.5 All vehicle operators and other personnel proceed onto the delivery area or location at their own risk. DSWA shall not be liable for acts or omissions of its contractors, persons using a DSWA facility, or other third persons in or about a DSWA facility.

7.6 No loitering will be permitted in any DSWA facility.

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

7.8 There shall be no smoking at any DSWA facility.

7.9 The DSWA from time to time may adopt and post other rules for DSWA facilities. It is the responsibility of Licensees and other persons using DSWA facilities to familiarize themselves with and to obey such rules.

7.10 Any vehicle that is immobile and obstructing facility operations may be moved to a nonconflicting 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 problem 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.

7.11 To prevent material from falling off vehicles and to minimize litter, all vehicles, including but not limited to pick-up trucks, entering a DSWA facility 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. Vehicles shall remain secured until reaching the designated untarping area at the DSWA facility.

7.12 DSWA shall have the right to require unloading of the contents of any vehicle at a DSWA facility for the purpose of inspection.

7.13 If any prohibited wastes, hazardous wastes, explosives, toxic substance, pathological and infectious wastes, radioactive wastes are found, then the person delivering such waste to a DSWA facility shall be subject to the sanctions that may be imposed under Section 10.0 and other applicable laws and regulations and that person shall be notified and given an opportunity to properly remove all of the waste emptied from the solid waste collection vehicle at his expense. If that is not accomplished within four (4) hours (or the end of the facility business hours, whichever is greater) 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 who delivered such material to the DSWA 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.

8.1 Any person who owns or operates a program or facility within the State of Delaware for the purpose of recycling or resources recovery of materials in excess of 5 tons annually shall file with DSWA an annual registration statement in the form which appears as Attachment C to these regulations. Such statement shall be filed no later than February 1 of each year.

8.2 At a Recycling Center, no person shall:

8.2.1 dispose of solid waste or litter other than source separated recyclable materials or, to the extent appropriate, construction and demolition waste;

8.2.2 leave materials outside of containers specifically designated for such materials;

8.2.3 deposit into a container any material other than the specific source separated recyclable material for which the recycling container is marked to receive;

8.2.4 damage, deface, or abuse a container;

8.2.5 block or obstruct vehicles;

8.2.6 loiter; or

8.2.7 scavenge any recyclable materials.

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

8.3.3 The facility at which such recyclable materials are being handled or processed shall operate in full compliance with applicable federal, state and local laws, regulations, ordinances, permits, conditions or other requirements.; 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.

8.4 Waste residue resulting from recycling, resources recovery or beneficial use of Delaware solid waste and dry waste (including construction and demolition waste) which is generated from such activities conducted within the State of Delaware shall not be considered recyclable materials for purposes of this Regulation and the Delaware Code.

8.5 Solid waste and dry waste collected for purposes of incineration, waste to energy, or conversion to any type or form of waste derived fuel, in whole or in part shall not be treated as recyclable materials for purposes of this Regulation and the Delaware Code.

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

9.1.1 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, shown in Attachment E;

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.

9.2 DSWA through its designated representatives shall have the right to inspect any transfer station in the State of Delaware and solid waste hauling vehicles entering and leaving the transfer station.

10.1 Any person who violates a provision of these Regulations or a License condition shall be subject to the following sanctions:

10.1.1 If the violation has been completed, a civil penalty of not less than One Hundred ($100) Dollars and not more than Five Thousand ($5000) Dollars shall be assessed per violation pursuant to a civil action brought in the Delaware Court of Common Pleas;

10.1.2 For violations of §§ 6430 or 6431 pertaining to infectious waste, if the violation has been completed, a civil penalty of not less than One Thousand ($1,000) Dollars and not more than Ten Thousand ($10,000) Dollars shall be assessed per violation pursuant to a civil action brought in the Delaware Superior Court;

10.1.3 In the alternative, after notice and a hearing before the DSWA board of directors, DSWA may suspend or revoke a License, or DSWA may impose an administrative penalty of between Five Hundred ($500) Dollars and Two Thousand Five Hundred ($2,500) Dollars per violation;

10.1.4 If a violation resulting in sanctions under 10.1.1 through 10.1.3 continues for a number of days, each day of such violation shall be considered a separate completed violation;

10.1.5 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 in the Delaware Court of Chancery.

Attachment 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 July1, 20___ through June 30, 20___ 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 and deemed complete including;

Proof of insurance as required by section 3.04;

Minimum Bond or Surety, as required by Section 3.10; and,

A copy of your Delaware Business License.

1. Applicant: (Individual or Firm Name)

2. Doing business as: (name to appear on License)

3. Business Office Information: (one phone number must be a Delaware number) OFFICE A:

__________________________________________________________________________________________

Street Area code - Phone number

__________________________________________________________________________________________

City State Zip Code

__________________________________________________________________________________________

Name of Individual having administrative responsibility at this location

OFFICE B:

_______________________________________________________________________________

Street Area code - Phone number

_________________________________________________________________________________________

City State Zip Code

_________________________________________________________________________________________

Name of Individual having administrative responsibility at this location

4. Answering service if applicable:

_________________________________________________________________________________________

Name of service

_________________________________________________________________________________________

Street Area code - Phone number

_________________________________________________________________________________________

City State Zip Code

_____________________________________________________________________________

Name of Individual having administrative responsibility at this location

5. Registered Agents or Authorized Representatives:

A: ______________________________________________________________________________

Name

_________________________________________________________________________________________

Street Area code - Phone number

_________________________________________________________________________________________

City State Zip Code

B: ______________________________________________________________________________

Name

_________________________________________________________________________________________

Street Area code - Phone number

_________________________________________________________________________________________

City State Zip Code

6. Type of business:  Sole Proprietorship  Partnership  Municipality  Corporation*

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

7. Date business was established:

8. Delaware Business License number: (contact Division of Revenue)

9. DNREC Waste Haulers License number:

10. Federal Taxpayer Identification number:

11. Owners or partners in unincorporated business. Indicate percentage of ownership:

A:

Name Percentage

Street City State Zip Code

B:_____________________________________________________________________

Name Percentage

Street City State Zip Code

C: _____________________________________________________________________

Name Percentage

Street City State Zip Code

12. Officers, Directors, Shareholders holding in excess of 10% of issued Stock in incorporated business:

A: ___________________________________________________________________________

Name Percentage

_____________________________________________________________________________

Street City State Zip Code

B: ___________________________________________________________________________

Name Percentage

_____________________________________________________________________________

Street City State Zip Code

C: ___________________________________________________________________________

Name Percentage

_____________________________________________________________________________

Street City State Zip Code

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:

___________________________________________________________________________

___________________________________________________________________________

___________________________________________________________________________

14. 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  Applicable, provide details:

___________________________________________________________________________

___________________________________________________________________________

___________________________________________________________________________

15. 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: Use the back of this sheet or separate sheet if necessary)

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

 Not applicable  Applicable, provide details:

___________________________________________________________________________

___________________________________________________________________________

17. State general area served by applicant:

___________________________________________________________________________

___________________________________________________________________________

18. Indicate days of the week collections are made:

 Mon  Tue  Wed  Thu  Fri  Sat  Sun

19. Daily average weight of Household solid waste collected: ______________________________ Tons

20. Daily average weight of Municipal solid waste collected: ______________________________ Tons

21. Daily average weight of Commercial/Industrial solid waste collected: ___________________ Tons

22. Other solid waste collected: Tons.

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

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

___________________________________________________________________________

___________________________________________________________________________

___________________________________________________________________________

___________________________________________________________________________

25. Consent to inspections:

The applicant hereby agrees and consents to the inspection at any time or place, by any employee of the Delaware Solid Waste Authority who presents identification of his/her status as an employee of DSWA, of any vehicle owned or operated on behalf of the applicant which displays a License Sticker issued by DSWA. Unless otherwise prohibited by law, the applicant also hereby agrees and consents to the inspection, by any employee of DSWA, of any container used for the deposit of any material which the applicant may transport with a vehicle which displays a License Sticker issued by DSWA.

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.

I SPECIFICALLY UNDERSTAND AND AGREE TO BE BOUND BY SECTION 4.01, IF APPLICABLE, WHICH REQUIRES CONTRACTORS WHO COLLECT OR HAUL SOLID WASTE PURSUANT TO A CONTRACT WITH A MUNICIPALITY (INCLUDING TOWNS, CITIES, COUNTIES, STATE AGENCIES, ETC.) TO DELIVER SUCH SOLID WASTE TO A DSWA FACILITY.

_______________ ______________________________________ _____________________________

Date Signature of Applicant Title

_______________________________________________

Printed or typed name of Applicant

STATE OF ________________________________ COUNTY OF _________________________________

Before me appeared ________________________________, who under oath certifies that the information

Print Name

provided in this application is true and correct.

________________ ____________________________________________________

Date Notary Public

ATTACHMENT B

SOLID WASTE HAULER REPORT FOR WASTE GENERATED IN DELAWARE AND DELIVERED AND/OR DISPOSED AT OTHER THAN DSWA FACILITY

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. 20 .

___________________________ _________________________

Notary Public Signature Owner’s Representative

Notary Public Printed Name Owners Representative Printed Name and Title:

ATTACHMENT C

REGISTRATION STATEMENT – RECYCLING PROGRAM/FACILITIES

Name of Person or Entity (the Registrant):

___________________________________________________________________________

Address and Phone Number of the Registrant:

___________________________________________________________________________

___________________________________________________________________________

Address(es) and Phone Number(s) of any and all recycling facilities located in the State of Delaware owned or operated by the Registrant:

___________________________________________________________________________

___________________________________________________________________________

Description of recycling activity engaged in by Registrant:

___________________________________________________________________________

___________________________________________________________________________

Annual Tons Recycled: __________________________________

Annual Tons Disposed of as Residue: _______________________

I hereby represent that I am authorized to file this statement on behalf of the Registrant, and certify that the above information is true and correct to the best of my knowledge, this ___ day of ___________________, A.D. 20___.

____________________________________ ___________________________

Notary Public Signature

Printed Name and Title

ATTACHMENT D

MATERIALS RECOVERY FACILITY

ANNUAL CERTIFICATION

I, [name], [title] of [name of MRF] (the “Facility”) do hereby certify that I am a representative of the Facility authorized to provide the certifications provided herein; and I further certify as follows with respect to the operations of the Facility during the preceding 12 month period:

1. Did the Facility process recyclable materials other than construction and demolition waste?

YES___ NO___

2. Did the Facility achieve an average recovery rate of at least 80% by weight for such recyclable materials in each month during the period certified? YES___ NO____

3. Did the Facility process construction and demolition waste?

YES___ NO___

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?

YES___ NO____

5. Was the Facility in substantial and material compliance with all applicable federal, state and local laws?

YES___ NO___

6. The foregoing responses are true and correct to the best of my knowledge this ______day of

_____________, 20 .

_____________________________________

Name

Title

Notary Public: __________________________________

My Commission Expires: _________________________

ATTACHMENT E

TRANSFER STATION MONTHLY SOLID WASTE REPORT

Transfer Station Name: __________________________________________

Transfer Station Number: ________________________________________

Transfer Station Operator: _______________________________________

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. 20 .

_________________________ _________________________

Notary Public Signature Owner’s Representative

_________________________ _______________________________________

Notary Public Printed Name Owners Representative Printed Name and Title:

ATTACHMENT F

ANNUAL SOLID WASTE HAULER REPORT FOR RECYCLABLES COLLECTED IN DELAWARE AND DELIVERED AND/OR DISPOSED AT OTHER THAN DSWA FACILITY

Reporting Year: 20__ Date:_____________

Facility Identification Type (C&D or All Other) Tons Delivered Average Recovery Rate

I hereby certify that all material recovered from Recyclables delivered to non-DSWA facilities during the course of the year that is the subject of this report and that is reported in the “Tons Recovered” column above was, to the best of my knowledge and after reasonable inquiry, sold or otherwise delivered into the market for commodities recovered from recyclable materials and was not landfilled or otherwise disposed of as solid waste.

I hereby represent that I am authorized to file this statement on behalf of the Licensee, and certify that the above information is true and correct to the best of my knowledge, this ___ day of ___________________, 20___.

____________________________________ ___________________________

Notary Public Signature

Printed Name and Title:_______________________________________