DELAWARE SOLID WASTE AUTHORITY
Statutory Authority: 7 Delaware Code,Section 6403 (7 Del.C. §6403)
Regulations of the Delaware Solid Waste Authority
I. Nature of Proceedings.
Pursuant to 7 Del.C. §6403, the Delaware Solid Waste Authority (DSWA) proposes to amend the Regulations of the Delaware Solid Waste Authority (hereafter DSWA Regulations), adopted March, 1999; to revise its Differential Disposal Fee Program (hereafter DDFP); and to revise the Statewide Solid Waste Management Plan (hereafter Statewide Plan).
The DSWA Regulations are currently in effect and address the collection of solid waste in the State of Delaware; the licensing of persons who collect or transport solid waste; the use of DSWA facilities; recycling; transfer stations; and review, enforcement and sanctions. The revisions to the DSWA Regulations encompass, among other things, modifications to some of the definitions; clarification regarding equipment and equipment backup capability of licensees; the content of licenses; reporting requirements of licensees; disposal of solid waste under the control of state governmental entities; designation of certain waste as "special waste" that requires a particular procedure for disposal; deletion of provisions regarding certain solid waste products; and amended reporting requirements for the operators of recycling facilities. The authority for the DSWA Regulations is contained in 7 Del.C. Ch. 64, most notably Section 6403. The authority to regulate solid waste under the control of state governmental entities is derived in part pursuant to 7 Del.C. §§6406, 6420, and 6422. Currently, regulatory control proposed in the revisions is accomplished by separate contracts with certain state governmental entities, including municipalities. The revisions contemplate that certain waste under the control of state governmental entities be disposed of at DSWA facilities. In such case, the DDFP would apply, and fee reductions or rebates would be applicable. The issues addressed in the revisions to the DSWA Regulations relate to better management and control of solid waste disposal in the State. No other regulations are impacted or affected by the proposal although there is an obvious interrelatedness to the revisions to the DSWA Regulations, the DDFP and the Statewide Plan.
The DDFP is established pursuant to 7 Del.C. §6403(k). The current DDFP fixes a base rate for the disposal of solid waste and establishes a rebate program for persons or entities who enter a contract with DSWA to bring all their solid waste to DSWA facilities. The revisions to the DDFP do not change the base rate, but do increase the amount of the rebate in certain respects and establish a new and lower rate for the disposal of dry waste (defined in the DSWA Regulations) delivered to designated facilities. The revisions also contemplate the adjustment of the rates, within a specified range, on 30 days notice to the public. Such adjusted rates would not affect rates established by contract with DSWA, in effect at the time of the adjustment, unless the rate adjustment would result in a lower rate than provided for by contract, in which case the lower rate would prevail. The issues addressed by the revisions to the DDFP include the implementation of a fair and equitable system for allocating the costs of DSWA operations while assuring the protection of environmental resources of the State. The revisions to the DDFP do not impact other regulations, although there is an obvious interrelatedness between it and the DSWA Regulations and the Statewide Plan.
The authority for the adoption of the Statewide Plan, and its amendment, is contained at 7 Del.C. §64030). The current Statewide Plan explains certain background information related to the Plan; describes current DSWA facilities and programs; discusses projects of the DSWA; addresses future directions; presents an options analysis; considers facility siting and health and environmental issues; and recommends certain plan initiatives. The revisions to the Statewide Plan update the information in the current Statewide Plan, in terms of project implementation and the identification of future projects, and explains the need for flexibility to structure a program which best meets the needs of the State and protects the public health and environment. The revisions also identify management options to include the construction, acquisition and/or operation of transfer stations/recycling centers/dry waste disposal facilities to serve the resort areas of Sussex County, the greater Milford area, the greater Dover area, and the greater Newark area. Revisions also identify the establishment of a differential pricing arrangement for the disposal of dry waste. The revisions explain how the options may be implemented. The issues addressed by the revisions to the Statewide Plan relate to the short-term and long-range planning connected to disposal of solid waste in the State. The revisions do not affect other regulations, though they are related to the DSWA Regulations and the DDFP.
II. Public Hearing/Comment.
A Public Hearing on the above proposals will be held on Thursday, May 24, 2001 at 10:00 A.M., at the Delaware Department of Natural Resources and Environmental Control (Auditorium), 89 Kings Highway, Dover, Delaware. The DSWA will receive and consider oral or written input provided at the hearing. DSWA will also accept and consider any written materials submitted to it at DSWA, attn: Thomas Houska, Delaware Solid Waste Authority, 1128 South Bradford Street, Dover, Delaware. Such written materials must be received by DSWA no later than 4:30 P.M., June 1, 2001. The entire text of the DSWA Regulations and the DDFP are printed herein following this notice. The revision to the Statewide Plan is solely in the form of a supplement and such supplement is printed in its entirety below. The complete Statewide Plan is approximately 300 pages long, and may be reviewed at the above DSWA address.
Proposed amendments to the Regulations of Delaware Solid Waste Authority
(adopted March, 1999)
DRAFT DATE April 11, 2001
I. PURPOSE AND AUTHORIZATION
These Regulations * are adopted pursuant to the Act to achieve the goals set forth therein.
II. DEFINITIONS
"Act" means the Delaware Solid Waste Authority Act, 7 Del.C. Ch. 64.
"CEO" means Chief Executive Officer and Manager of DSWA.
"Chairman" means the Director designated by the Governor as chairman of DSWA in accordance with 7 Del.C. Section 6403(a).
"Department" means the Department of Natural Resources and Environmental Control of the State of Delaware.
"Directors" means the directors of DSWA holding office in accordance with 7 Del.C. Section 6403.
"Dry Waste" means wastes including, but not limited to construction and demolition waste not mixed with waste that is other than dry 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.
"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 listed described in Sections 261.31, 261.32 and 261.33 of the Delaware Regulations Governing Hazardous Waste. and those solid wastes which otherwise exhibit the characteristics of a hazardous waste as defined in Part 261 of the Delaware Regulations Governing Hazardous Waste.
"Industrial Process Solid Waste" means solid waste produced by or resulting from industrial applications, processes or operations and includes, by way of example and not by way of limitation, sludges of chemical processes, waste treatment plants, water supply treatment plants, and air pollution control facilities and incinerator residues, but does not include the solid waste generated at an industrial facility which is comparable to municipal solid waste, such as cafeteria waste, cardboard, paper and pallets, crates or other containers constructed of and containing non-hazardous combustible material.
* The Department also has promulgated regulations pertaining to solid waste disposal.
"Junkyard" means an establishment or place of business which is maintained, operated or used for storing, keeping, buying or selling junk or wrecked, scrapped, ruined or dismantled motor vehicles or motor vehicle parts.
"Licensee" means a person holding a license issued by DSWA pursuant to Article III of these Regulations.
"Municipality" means a county, city, town or other public body of the State of Delaware.
"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 duly established legal entity.
"Solid Waste" means any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant or water 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 Section 402 of the Federa1 Water Pollution Control Act, 7 Del. Code, Chapter 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.
"DSWA Solid Waste Facility" means any landfill, recycling project, including waste to energy projects, collection station, transfer station, or other solid waste processing or disposal facility of project operated by, on behalf of, or under contract with DSWA. means any solid waste disposal 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 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.
"Special Solid Wastes" means those waste 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 wastes, infectious waste, municipal ash, septic tank pumpings, and sewage residues.
“Toxic Substance” means any chemical substance or mixture that may present an unreasonable risk of injury to health or the environment.
"Transfer Station" means any facility where quantities of solid waste delivered by vehicle are consolidated or aggregated for subsequent transfer by vehicle for processing, recycling or disposal.
III. COLLECTION AND LICENSING
3.01 No person shall collect, transport, and/or deliver solid waste in the State of Delaware without first having obtained a license from DSWA, provided, however, that:
a. persons transporting and delivering solid waste that they created on their premises resulting from their activities shall not be required to obtain a license therefore; and
b. persons collecting, transporting and/or delivering solid waste in the course of their employment by a person holding a license from DSWA shall not be required to
obtain a license therefore; and
c. a license shall not be required for the collection, transportation, or delivery exclusively of dry waste, leaves, street and storm sewer cleaning materials, agricultural wastes or those materials identified in paragraph 4.02 (a) - (e) of these Regulations.
3.02 With respect to solid waste delivered to a DSWA Solid Waste Facility, the CEO, based upon a determination of threat to public health or welfare or other emergency, may designate a specific Solid Waste Facility for use disposal of such waste.
3.03
a. Each Licensee shall clearly display on both sides of the vehicle:
i. the license permit stickers provided by DSWA which is the property of DSWA and subject to cancellation, suspension and/or revocation. The license permit 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. License permit 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 permit stickers;
ii. 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.
b. Licensees shall maintain business offices and phone numbers as follows:
i. Licensees who collect on a yearly average 100 tons per month or more:
(a) each Licensee shall maintain a manned business office location or locations and designate a representative in responsible charge thereof;
(b) each Licensee shall provide his business office street address in addition to a Post Office Box;
(c) telephone coverage with a Delaware telephone number listed in the appropriate Delaware Telephone Directory in the business name of the Licensee shall be maintained by a responsible and authorized person at the main office during normal business hours. Licensees with main offices located outside of the State of Delaware may utilize a call forwarding service so that a Delaware telephone number may be dialed to reach an out-of-state office. An answering machine shall not satisfy this; and
(d) notification regarding any change of business location or telephone number shall be provided to DSWA in writing at least fifteen (15) days prior to such change.
ii. Licensees who collect on a yearly average less than 100 tons per month:
(a) each Licensee shall provide a street address in addition to a Post Office Box for the business office or dwelling that is able to receive correspondence. A Post Office Box shall not satisfy this requirement;
(b) telephone coverage with a Delaware telephone number listed in the appropriate Delaware Telephone Directory in the business name of the Licensee shall be maintained by the Licensee during normal business hours. Licensees with main offices located outside of the State of Delaware may utilize a call forwarding service so that a Delaware telephone number may be dialed to reach an out-of-state office. An answering service may be utilized. An answering machine shall not satisfy this requirement; and
(c) notification regarding any change of business location or telephone number shall be provided to DSWA in writing at least fifteen (15) days prior to such change.
3.04
a. Each Licensee shall maintain insurance at the following minimum amounts:
i. Automobile liability: $350,000 combined bodily injury and property damage per occurrence;
ii. General liability: bodily injury $300,000 per occurrence; property damage: $100,000 per occurrence; and
iii. Workman's Compensation as required by law.
b. Each Licensee shall provide to DSWA new certification of the coverages specified in subsection 3.04(a) 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.
3.05 Each Licensee shall maintain collection vehicles to comply with the following minimum requirements:
a. Each collection vehicle body shall be maintained to prevent fluids from discharging onto the surface of the ground.
b. Each collection vehicle body shall be capable of being readily emptied.
c. Each collection vehicle shall be kept in as much of a sanitary condition as to control the presence of vectors.
d. Containers, boxes, and other devices, excluding open top trailers, referred to as roll-offs, used by Licensees for collection of solid waste in excess of thirty (30) gallon capacity shall be enclosed or covered to reduce fluid leakage or collection of water.
e. Each collection vehicle shall 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 Solid Waste Facility.
f. Each collection vehicle used or proposed for use by an applicant or Licensee and the contents of any collection vehicle shall be subject at all times to inspection by DSWA.
g. All roll-off containers used for collecting, transporting and delivering of solid waste generated within the State of Delaware shall display stickers issued by DSWA near the bottom and front of both sides of each roll-off. Solid waste described in Section 4.03 shall be exempt from this requirement.
3.06 Each Licensee shall comply with the following requirements while collecting, transporting and/or delivering solid waste.
a. Solid waste shall not be processed, scavenged, modified, or altered unless in compliance with applicable laws and regulations.
b. Solid waste in collection vehicles and/or containers shall be suitably enclosed or covered to prevent littering or spillage of solid waste or fluids.
c. 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 Solid Waste Facility 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.
d. Any spillage of solid waste shall be immediately cleaned up and removed.
e. No undue disturbance shall be caused in residential areas as a result of collection operations.
3.07 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.
3.08 Each Licensee shall provide and continuously maintain backup capability to allow for continued collection, transportation, and/or delivery of solid waste in the event of equipment breakdown. As a minimum each Licensee, except for municipalities with a written agreement with a licensed collector another municipality 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
3.09 Only enclosed vehicles or vehicles capable of being enclosed or covered to prevent any compactor type vehicles or “roll-offs” with a cover sufficient to prevent any spillage of, loss or littering of solid waste shall be used by Licensees for collection, transportation, or delivery of solid waste, except for vehicles utilized only to collect, transport or deliver the solid wastes referenced in Section 4.02 (a-e) and Section 4.03, infra, or oversized bulky waste, such as couches and refrigerators. Such vehicles used for oversized bulky waste shall not satisfy part or all of the Section 3.08 requirement that each Licensee own and/or lease at least two fully and continuously operational vehicles. An exception to the requirements of the first sentence of this section may be authorized by the CEO or his designee in circumstances where it is physically impossible to provide solid waste
collection services with such vehicles.
3.10
a. With the exception of any municipality, each applicant for a license and each Licensee shall provide to DSWA and maintain a bond under which the Licensee shall be jointly and severally bound with a corporate surety qualified to act in the Courts of Delaware to DSWA for amounts due to DSWA for fees or charges for services. A Bond or Surety is not required if the licensee pays at the time of solid waste delivery.
b. In lieu of corporate surety, the applicant or Licensee may provide security for its bond by depositing with DSWA, one of the following in an amount at least equal to the amount of the bond:
i. United States Treasury bonds, United States Treasury notes, United States Treasury certificates of indebtedness, or United States Treasury bills; or
ii. bonds or notes of the State of Delaware; or
iii. bonds of any political subdivision of the State of Delaware; or
iv. certificates of deposit or irrevocable letters of credit from any state or national bank located within the United States; or
v. United States currency, or check for certified funds from any state or national bank located within the United States.
c. The amount of the bond specified in paragraph 3.10 (a) shall be based upon the total solid waste tonnage charged by the Licensee at a DSWA Solid Waste Facility during for the month of November immediately preceding the license year for which the license is issued in accordance with the following schedule:
"TONNAGE CHARGED FOR PRIOR NOVEMBER" |
AMOUNT OF BOND |
Less than or equal to 750 tons |
(minimum) $5,000 |
Greater than 750 tons but less than or equal to 1,500 tons |
$25,000 |
Greater than 1,500 tons |
$50,000 |
Each additional 1000 tons over 1,500 tons |
$5,000 |
If the Licensee has expanded or acquired its business since the preceding November, then the total tonnage for November and Bond amount will be adjusted to account for such increase. By reference to the accounts, business, or assets acquired, an estimate will be made of what the charges in November would have been if the Licensee had been operating the newly acquired accounts, business, or assets at that time.
3.11 Any person desiring to collect, transport, and/or deliver solid waste 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 Appendix Attachment "A" of these Regulations. DSWA shall approve or deny license applications within thirty (30) days of receipt of a completed application.
3.12 DSWA may require information to supplement that requested in Appendix Attachment "A" in reviewing license applications.
3.13 The license period shall be July 1 to June 30 annually. Applications for license renewal shall be submitted to DSWA at least thirty (30) days prior to the expiration date.
3.14 Before any additional collection vehicle or substitute collection vehicle is utilized for the collection, transportation, and/or delivery of solid waste, the Licensee shall submit to DSWA the following:
a. The name, address and telephone number of the owner of the vehicle.
b. The state motor vehicle registration number.
c. A description of chassis by year and manufacturer.
d. A description of the body by year and manufacturer.
e. The legal weight limit of the vehicle.
f. The volume of the body of the vehicle in cubic yards.
g. Evidence of the insurance coverage required by this Article.
3.15 Each license shall contain the following:
a. Owners Name and/or trading name.
b. Physical and/or mailing addresses.
b. A listing of all collection vehicles under the license.
c. License period.
c. The location or locations for delivery of solid waste for each collection vehicle.
d. Authorized signature.
e. d. Special license conditions regarding collection, transportation, and/or delivery of solid waste, as specified by DSWA.
3.16 Each license and/or collection vehicle may be transferred subject to prior approval of DSWA. Except for a municipality with a written agreement with a licensed collector another municipality for backup capacity, no person shall be entitled to collect, transport and/or deliver solid waste under another person's license.
3.17 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 Section 3.14 of these Regulations. An original letter must be submitted for each day of operation until DSWA license permits 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.
3.18 No license shall be issued to any person who:
a. has an account with DSWA that is past due in accordance with DSWA policies or
b. is obligated to file a report in accordance with Section 8.02 of these Regulations and has not done so for the immediately preceding calendar year.
3.19 Any person who first collects, transports, and/or delivers solid waste within the State of Delaware, without leaving first obtained a license under this Article, shall not be issued a license 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, as determined by the CEO, or his designee.
3.20 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.
3.21 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 paragraph 11.01(b) hereof.
3.22 No license shall be issued to any person who:
a. holds or has held a license from DSWA which has been revoked;
b. holds or has held a license from DSWA which has been suspended, for such period as the license is suspended.
c. holds or has held an interest in any Licensee whose license from DSWA has been revoked;
d. holds or has held an interest in any Licensee whose license from DSWA has been suspended, for such period as the license is suspended.
e. owns, in whole or in part, solid waste operating assets, including vehicles and routes, which were acquired from a Licensee whose license from DSWA 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.
3.23 A Licensee shall give written notice to DSWA at least seven (7) days in advance of any of the following:
a. sale or conveyance of a significant portion of its assets;
b. sale or conveyance of a significant portion of the equity interest (e.g. stock) held in it;
c. purchase or other acquisition of a significant portion of the assets of another Licensee;
d. 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.
3.24 Each Licensee shall submit a report for the preceding calendar year on February 1 of each year to DSWA stating, with respect to any waste collected in the State of Delaware and disposed of in the State of Delaware 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 C).
IV. USE OF DSWA SOLID WASTE FACILITIES
4.01
a.
i. All solid waste generated within the State of Delaware shall be delivered to and disposed of at a Solid Waste Facility or some other duly licensed or permitted facility.
ii. The owners and occupants of all lands, buildings, and premises located within the State of Delaware, and all of those acting for them or under contract with them, shall use only Solid Waste Facilities or other duly licensed or permitted facilities for the disposal of solid waste generated within the State of Delaware.
b. Subject to the provisions of Section 3.02 and 3.18 of these Regulations, solid waste generated within the State of Delaware shall be delivered to a Solid Waste Facility or other duly licensed or permitted facility.
b. Persons delivering solid waste to a Solid Waste Facility shall pay to DSWA the applicable fees and user charges.
a. Except as provided in Section 4.0l,b, Section 4.02, Section 4.03, or as provided by contract, all solid waste generated within the State of Delaware shall be delivered to and disposed of at a DSWA Solid Waste Facility or some other duly licensed or permitted facility. Whoever disposes of such waste at a facility which is not a DSWA Solid Waste Facility shall submit a report for the preceding calendar year on February 1 of each year to DSWA stating the generators) of the waste, type and quantity of material disposed and the name of the facility and its address at which the waste was disposed.
b. Except as provided in Section 4.02, all solid waste and dry waste that is generated by a municipality (defined to include any county, city, town or other public body of the State of Delaware, such as State agencies, instrumentalities, school boards, and publicly supported institutions of higher learning) shall be disposed of at a DSWA Solid Waste Facility. All solid waste and dry waste that is collected or transported by a municipality or pursuant to a contract or other agreement with a municipality shall be disposed of at a DSWA Solid Waste Facility. Any such contract or other agreement between a municipality and any person shall so provide, and indicate that DSWA is an intended third party beneficiary of such contract or agreement.
c. Persons delivering solid waste to a DSWA Solid Waste Facility shall pay to DSWA the applicable fees, user fees, or contract fees. If different types of waste are commingled, the applicable fee shall be based on the type of waste in the commingled waste which has the highest fee.
4.02 The following solid wastes shall not be delivered to a DSWA Solid Waste Facility:
a. Hazardous wastes
b. Explosives
c. Toxic substances
d. Pathological and infectious wastes
e. Radioactive wastes
f. 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 Solid Waste Facility, or the operation of the DSWA Solid Waste Facility, or if an effective means of risk and cost allocation cannot be achieved.
g. Wastes which are prohibited by the DSWA Solid Waste Facility(s) DNREC permit.
4.03 The following solid waste may but is not required to be delivered to a DSWA Solid Waste Facility for disposal, but need not be, upon payment of the appropriate fee or user charge, provided that delivery of such solid waste is not otherwise proscribed by Section 4.02:
a. Agricultural waste generated on a farm.
b. Dry waste, unless such delivery is required by contract in which case it must be delivered to a DSWA Solid Waste Facility.
c. Tires.
d. Non-hazardous waste resulting from emergency clean-up actions of the Department.
e. Industrial process solid waste exempted by Section 5.03 (b).
f. Asbestos.
g. White goods.
4.04 In the event that an invoice generated from the charging of fees or user charges at a DSWA Solid Waste Facility is not paid in accordance with DSWA credit policies the license may be revoked and/or the right to use DSWA Solid Waste Facilities may be denied to the user. Before the license revocation and/or denial of use, the user shall may have a hearing before the Directors of DSWA, and the user shall be given at least ten (10) days notice of the hearing. Otherwise, the procedure for the hearing shall be as set forth in paragraph 11 10.01 (b) (ii)-(v) of these Regulations.
V. INDUSTRIAL PROCESS SPECIAL SOLID WASTE
5.01
a. Any person causing or allowing industrial process special solid waste to be delivered to any DSWA Solid Waste Facility for disposal shall obtain the approval of DSWA prior to commencement of such disposal; provided however, that where more than one person is involved in the generation and delivery of a particular industrial process special solid waste, approval of DSWA obtained by one person shall be sufficient.
b. In the event that there are any risks or additional costs involved in accepting any industrial process special solid wastes, the CEO may impose an industrial process 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 industrial process special solid waste surcharge:
i. Quantity of waste to be disposed of;
ii. Degree of risk associated with such disposal;
iii. Additional handling, processing and disposal costs;
iv. Additional administrative expenses and overhead;
v. Additional environmental protection controls including monitoring.
c. The industrial process 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.
5.02 Any person causing or allowing industrial process special solid waste to be delivered to a DSWA Solid Waste 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 industrial process 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.
5.03 It shall be the responsibility of each generator of industrial process special solid waste, in addition to the person collecting, transporting and delivering it, to obtain the approval of DSWA for disposal of industrial process special solid waste at the DSWA Solid Waste Facility and to assure that such waste is delivered to the DSWA Solid Waste Facility of DSWA for disposal. Such solid waste shall be exempted from the requirement of disposal not be disposed in a DSWA Solid Waste Facility if:
a. DSWA refuses to approve the disposal of such waste at a DSWA Solid Waste Facility; or
b. the generator of such waste determines or agrees to have such waste disposed of at another properly licensed or permitted facility;
c. the solid waste is described in Section 4.02 of Article IV.
5.04 Any person aggrieved by a determination of the CEO or his designee, under this Article or subsection 4.02(f) of Article IV, may seek review thereof by the Directors of DSWA in accordance with Section 6427 (f) of the Act, and Section 10.01 of these Regulations.
VI. OTHER SOLID WASTE PROJECTS RESERVED
6.01 No person shall finance, acquire, license, construct, maintain, operate, or use a solid waste disposal, processing, or recycling project in the State of Delaware that is neither owned nor operated by, on behalf of, or at the request of DSWA.
6.02 No person shall cause or assist in the financing, acquiring, licensing, constructing, maintaining, or operating of a solid waste disposal, processing or recycling facility in the State of Delaware, that is neither owned nor operated by, on behalf of, at the request of DSWA.
6.03 This Article VI shall not apply to:
a. Projects dedicated exclusively to the disposal of dry waste, hazardous waste, agricultural waste, explosive, toxic substances, radioactive waste, or tires;
b. Projects used exclusively as transfer stations;
c. Recycle centers for source separated materials, such as aluminum cans;
d. Junkyards;
e. Projects dedicated exclusively to the disposal of industrial process solid waste that are lawfully permitted for the disposal of such industrial solid waste.
f. Projects dedicated exclusively to the disposal of solid waste generated outside the State of Delaware.
VII. OPERATING IN A DSWA SOLID WASTE FACILITY
7.01 All vehicles entering a DSWA Solid Waste Facility to dispose of solid waste 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 bouse window. After weighing, the vehicle must not leave the scales until authorized to do so by the Weighmaster and must proceed to the area designated for disposal of the quantity and type of waste that is carried in the vehicle.
7.02 After weighing and at the direction of the Weighmaster, each vehicle shall proceed to the area designated. Spotters at the landfill face or on the tipping floor shall direct the vehicles to a dumping location. 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 Solid Waste Facility without the express approval from a DSWA representative.
7.03 Each vehicle operator shall exercise caution, due care, and safe procedures in all operations at the DSWA Solid Waste Facility. The speed limit on the facility roads is 25 miles per hour except where a lower speed limit is indicated. Vehicle drivers who disregard the posted speed limits on a DSWA Solid Waste Facility may be denied access to any DSWA Solid Waste Facility. Vehicle operators shall follow directions from the DSWA or its representative. Or the operating contractor in all cases of emergency.
7.04 No hand sorting, picking over, or scavenging of solid waste will be permitted at any time, without specific DSWA approval.
7.05 All vehicle operators and other personnel proceed onto the landfill at their own risk. DSWA shall not be liable for acts or omissions of its contractors, persons using a DSWA Solid Waste Facility, or other third persons in or about a DSWA Solid Waste Facility.
7.06 Persons under the age of 18 are not allowed to enter any Solid Waste Facility in waste collection and disposal vehicles.
7.07 No loitering will be permitted in any DSWA Solid Waste Facility.
7.08 DSWA reserves the right to redirect vehicles to alternate locations within the DSWA Solid Waste Facility, if for any reason in the opinion of DSWA's representative, the original location cannot handle the load or type of material.
7.09 There shall be no smoking in any DSWA Solid Waste Facility except in areas where smoking is expressly permitted.
7.10 The Directors of DSWA from time to time may adopt and post other rules for DSWA Solid Waste Disposal Facilities. It is the responsibility of Licensees and other persons using DSWA Solid Waste Facilities to familiarize themselves with and to obey such rules.
7.11 Any vehicle that is immobile and obstructing facility operations shall 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 blocking 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.
7.12 To prevent material from falling off vehicles and to minimize litter, all open vehicles, including but not limited to pick-up trucks, entering a DSWA Solid Waste Facility to dispose solid waste 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.
7.13
a. DSWA shall have the right to require unloading of the contents of the vehicle hauling solid waste to any area on a DSWA Solid Waste Facility for the purpose of inspection.
b. 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 Solid Waste Facility shall be subject to the sanctions that may be imposed under Section 10.02 11.02 for violation of Section 4.02 and sanctions for violation of other applicable laws and regulations and that person shall be notified and given an opportunity to remove properly all of the waste emptied from the solid waste collection vehicle at his expense. If that is not accomplished within four (4) hours 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 bringing such material to the DSWA Solid Waste 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.
VIII. RECYCLING
8.01 The following definitions shall apply to this subarticle:
"Recycling Center" means a facility, established pursuant to 7 Del.C. S6450 et seq., to receive recyclable materials. The Recycling Center includes the recycling containers marked for the specific recyclable materials which are to be deposited therein and the area immediately surrounding them necessary for the purposes of such recycling centers. Recycling Centers shall be known as 'RECYCLE DELAWARE' Centers.
"Recyclable Materials" mean those materials which have been source-separated by the generator thereof for recycling. Source separated materials must remain separate throughout the journey and are not to be re-combined for transport.
"Recycling" means the process by which solid waste is transformed or converted into usable material(s) or product(s).
"Recycler" means a person in the business of collecting, transporting, and delivering recyclable materials.
8.02 All persons operating facilities within Delaware for the purpose of recycling solid waste or recyclable materials other than ‘RECYCLE DELAWARE’ Recycling Centers shall file annually with DSWA, on forms prescribed by DSWA, a report on the nature of the recycling activities conducted, the quantity and type of materials recycled , and the disposition of the materials recycled. Such reports will be due on April 30 of each year and shall br for the immediately preceding calendar year.
All persons operating facilities within Delaware for the purpose of recycling solid waste or recyclable materials other than `RECYCLE DELAWARE' and "Recycling Centers" shall file with DSWA copies of any reports or other written information related to the recycling facilities or recycling activities that are filed with DNREC. Such reports or written information shall be filed with DSWA when they are filed or otherwise submitted to DNREC.
8.03 At a Recycling Center, no person shall:
a. dispose of solid waste or litter;
b. leave materials outside of recycling containers;
c. deposit into a recycling container any material other than the specific recyclable material for which the recycling container is marked to receive;
d. damage, deface, or abuse a recycling container;
e. block or obstruct vehicles using or serving the Recycling Center;
f. loiter;
g. scavenge any Recyclable Material; or
h. deposit Recyclable Material that has been collected from or by a Recycler.
8.04 Each container used for the collection of Recyclable Material must be clearly marked to prevent normal trash from being placed into the container, i.e. “RECYCLABLE MATERIAL ONLY” - “NO TRASH”.
IX. TRANSFER STATION REQUIREMENTS
9.01 Any person operating a transfer station for solid waste within the State of Delaware shall;
a. 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, annexed hereto as Exhibit shown in Attachment B;
b. submit the report required by paragraph 9.01 (a) of these Regulations and verify the accuracy thereof to DS WA 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, annexed hereto as Exhibit shown in Attachment B;
c. make the records required to be maintained and preserved by paragraph 9.01 (a) of these Regulations available for inspection by representatives of DSWA during normal business hours.
9.02 DSWA through its designated representatives shall have the right to inspect the transfer station and solid waste hauling vehicles entering and leaving the transfer station.
X. REVIEW, ENFORCEMENT AND SANCTIONS
10.01
a. Any person seeking a license or to have solid waste disposed of at a DSWA Solid Waste Facility who has been aggrieved by a determination of the CEO or his designee under Section 3.19, 3.21, 4.02, 4.04, 5.01 (b) or 5.04 of these Regulations may seek review thereof by the Directors of DSWA by filing a request for review with the CEO within fifteen (15) days of receipt of notice of such determination. The hearing shall be held in accordance with the paragraph of Section 10.01 (b) of these Regulations.
b.
i. The person filing the request for review under paragraph 10.01 (a) of these Regulations shall be provided notice by registered mail at least fifteen (15) days before the time set for the hearing. The person filing the request for the hearing shall bear the burden of proof.
ii. The person requesting the hearing may appear personally and/or by counsel and may produce competent evidence in his behalf. Upon the request of the person requesting the hearing or the CEO, the Chairman of DSWA shall issue subpoenas requiring the testimony of witnesses and the production of books, records, or other documents relevant to the material involved in such hearing.
iii. All testimony at the hearing shall be given under oath and the Chairman shall administer oaths and all Directors shall be entitled to examine witnesses.
iv. The hearing may be held as part of a regular meeting or a special meeting of the Directors of DSWA. Deliberation shall be held in executive session.
v. The decision of the Directors of DSWA shall be announced at a public meeting and shall be forwarded to the person requesting the hearing in written form by registered mail.
10.02 Any person who violates a provision of these Regulations shall be subject to the following sanctions:
a. If the violation has been committed, a civil penalty of not less than One Hundred ($100) Dollars and not more than Five Thousand ($5000) Dollars shall be assessed;
b. If a violation continues for a number of days, each day of such violation shall be considered a separate violation;
c. 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;
d. Any person holding a license issued by DSWA who violates these Regulations shall be subject to revocation of such license, or suspension of such license for such period as determined by DSWA.
e. DSWA personnel are empowered to issue written notices of violations of these Regulations, without the need to employ the sanctions set forth above.
10.03 Any person who violates a provision of these Regulations may be prevented from entering a DSWA Solid Waste Facility, as determined by the CEO or his designee, until that person is in compliance with these Regulations.