DELAWARE SOLID WASTE AUTHORITY
O R D E R
Statewide Solid Waste Management Plan
INTRODUCTION
On March 25, 1999, the Delaware Solid Waste Authority ("DSWA") adopted a limited Plan amendment in conjunction with regulation changes to afford the DSWA greater solid waste management program flexibility. The management flexibility supplemented the existing Plan. The DSWA is undertaking this limited Plan amendment in order to provide for additional flexibilities. 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.
Faced with constantly changing solid waste disposal objectives and alternatives, 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 supplemental amendment to the Plan identifies additional alternatives available to the DSWA.
SOLID WASTE MANAGEMENT OPTIONS
In addition to the alternatives set forth in Chapter IV of the Plan and the limited amendment adopted March 25, 1999, the DSWA shall have available the following solid waste management options:
1. Construction, acquisition and/or operation of Transfer Stations/Recycling Centers/Dry Waste Facilities to serve the resort areas of Sussex County, the greater Milford area, the greater Dover area, and the greater Newark area.
2. Establishment of differential pricing for the separate management of dry waste, in accordance with §6403 (k) of Title 7 Delaware Code.
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.
* Please Note: Three forms: Attachment A, Solid Waste Collectors License; Attachment b, Transfer Station Monthly Solid Waste Report; and Attachment C, Solid Waste Hauler Report for Waste Generated in Delaware and Delivered and/or Disposed at other Than DSWA Facility are not being printed. Copies are available online in PDF format or by contacting the Registrar of Regulations.