DELAWARE SOLID WASTE AUTHORITY
Differential Disposal Fee Program
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.
DELAWARE SOLID WASTE AUTHORITY
Differential Disposal Fee Program
The Delaware Solid Waste Authority ("Authority"), pursuant to the provisions of 7 Del. C. Ch. 64, hereby adopts the following program applicable to the fees for disposal of solid waste at Authority facilities:
1. The base rate for disposal of salid waste (exlcuding special and industrial process solid waste) shall be $58.00 per ton. Except as provided in Paragraph 2 below, the rate for disposal of solid waste and dry waste shall be $58.50 per ton; provided however, the Manager of the Authority shall be entitled upon thirty (30) days advance written notice to reduce and adjust the disposal fee for dry waste at the various Authority facilities to an amount which is no lower than $30.00 per ton.
2. For those persons, as hereinafter defined in Paragraph 6, entering into a contract with the Authority to bring all of their solid waste (excluding special and industrial process solid waste) or dry waste which has been collected in the State of Delaware to Authority facilities in accordance with the terms of the contract, the rebates and rates set forth shall be paid made available by the Authority subject to the following:
a. The contract term shall be from May 1, 1999 to June 30, 2002, July 1, 2000 to June 30, 2002, or July 1, 2001 to June 30, 2002. July 1, 2001 to June 30, 2005; July 1, 2002 to June 30, 2005; July 1, 2003 to June 30, 2005; or July 1, 2004 to June 30, 2005.
b. A rebate of $10.00 shall be paid for each ton of solid waste (excluding special and industrial process solid waste) delivered to Authority facilities, other than the Northern Solid Waste Facility located at Cherry Island in Delaware, and for which the base rate disposal fee of $58.50 per ton has been paid to the Authority. A rebate of $13.50 shall be paid for each ton of solid waste or dry waste delivered to the Northern Solid Waste Facility located at Cherry Island in Delaware and for which the base rate disposal fee of $58.50 per ton has been paid to the Authority. The rebate shall be paid for the following periods in which the solid waste (excluding special and industrial process solid waste) has been delivered:
(i) May 1, 1999 through June 30, 1999 July 1, 2001 through June 30, 2002
(ii) July 1, 1999 through June 30, 2000 July 1, 2002 through June 30, 2003
(iii) July 1, 2000 through June 30, 2001 July 1, 2003 through June 30, 2004
(iv) July 1, 2001 through June 30, 2002 July 1, 2004 through June 30, 2005
c. The rebate for the periods set forth in Paragraph 2(b) above shall be paid within forty-five (45) days after the end of the applicable period or after full payment has been made to the Authority by the person entitled to the rebate, whichever is later, for the solid waste (excluding special and industrial process solid waste) delivered during the applicable period.
d. An additional rebate shall also be paid in the event that the solid waste (excluding special and industrial process solid waste) delivered to the Authority facilites exceeds 800,000 tones for any of the following periods:
(i) July 1, 1999 to June 30, 2000
(ii) July 1, 2000 to June 30, 2001
(iii) July 1, 2001 to June 30, 2002
For each ton of solid waste (excluding special and industrial process solid waste) in excess of 800,000 tons paid for at the base rate and delivered to Authority facilities during each period identified immediately above, the Authority shall set aside the sum of $8.50 per ton in a fund which shall be divided among those persons entering into contracts with the Authority. Each such person shall be entitled to a share of the fund based on the percentage of solid waste (excluding special and industrial process solid waste) which such person delivers to Authority facilities as a part of the total of all solid waste (excluding special and industrial process solid waste) delivered to Authority facilities by all persons under contract with the Authority. The additional rebate for the periods set forth in this Paragraph 2(d) shall be paid within forty-five (45) days after full payment has been made to the Authority by the persons entitled to the rebate.
d. The disposal fee for dry waste delivered to designated solid waste facilities shall be $40.00 per ton. Such designated facilities shall include the Central Solid Waste Facility located at Sandtown in Delaware and the Southern Solid Waste Facility located at Jones Crossroads in Delaware, but shall not include the Northern Solid Waste Facility located at Cherry Island in Delaware. If the Authority establishes a disposal fee for dry waste above $40.00 per ton at any time during the term of the contract, the $40.00 per ton disposal fee shall apply for the term of the contract to those entering contracts. If the Authority establishes a disposal fee for dry waste below $40.00 per ton at any time during the term of the contract, those entering contracts with the Authority shall be entitled to such lower disposal fees while such disposal fees are in effect.
e. In order to enter into the program, persons delivering solid waste (excluding special and industrial process solid waste) collected in the State of Delaware shall execute contracts with the Authority (i) prior to May 1, 1999 for the contract term from the May 1, 1999 to June 30, 2002; (ii) on or before June 30, 2000 for the contract term July 1, 2000 to June 30, 2002; and (iii) on or before June 30, 2001 for the contract term July 1, 2001 to June 30, 2002.
In order to enter into contracts under this Paragraph 2, persons having active accounts with the Authority and delivering solid waste or dry waste to an Authority facility that was collected in the State of Delaware shall execute contracts with the Authority (i) on or before September 1, 2001 for the contract term from July 1, 2001 to June 30, 2005, provided however, that for contracts executed after July 1, 2001 but on or before September 1, 2001 the effective date for participating in the Program shall be the effective date of execution of the contract; (ii) on or before June 30, 2002 for the contract term July 1, 2002 to June 30, 2005; (iii) on or before June 30, 2003 for the contract term July 1, 2003 to June 30, 2005; and (iv) on or before June 30, 2004 for the contract term July 1, 2004 to June 30, 2005.
3. Those persons not under contract with the Authority shall be entitled to use the Authority facilities for disposal of solid waste and dry waste collected in the State of Delaware, subject to payment of such rate or rates established by the Authority, and subject to compliance with the regulations and requirements of the Authority and other applicable laws and regulations.
4. The contracts utilized to effectuate this Program shall be uniform and shall be consistent with the operative provisions of the program as set forth herein, and shall contain such other terms and conditions deemed desirable and acceptable to the Authority. Municipalities, political subdivisions and governmental instrumentalities and entities which are required to deliver to Authority facilities all their solid waste and dry waste collected in the State of Delaware shall be entitled to the full benefits of this Program. The contracts shall inure to the benefit of and be binding on the persons, including their successors, assigns, parents, subsidiaries, affiliates, partners, joint venturers, divisions, contractors and subcontractors, and all other entities existing or newly formed, controlled directly or indirectly by such persons, through change in ownership or status by transfer of assets or otherwise, and which engage in the collection and/or transportation of solid waste (excluding special and industrial process solid waste) and dry waste generated in the State of Delaware.
5. The This Program established by Paragraph 2, above, shall be available to all persons having active accounts with the Authority effective July 1, 2001. April 30, 1999 and who have delivered to Authority facilities during the preceding twelve (12) month period a total of at least fifty (50) tons of solid waste (excluding special and industrial process solid waste). For new accounts with the Authority opened after May 1, 1999 July 1, 2001, persons establishing such accounts shall be entitled to enter the program contracts with the Authority provided:
(a) the uniform contract referenced in Paragraph 4 herein is executed within sixty (60) days of the date the new account is established;
(b) the term of the contract extends to June 30, 2002 2005;
(c) the new account is with a new person, and not a person having an account with the Authority as of March l, 1999 July 1, 2001; and
(d) the persons agree that the Program benefits (rebate or reduced fee) do not come into effect until sixty (60) days after the new account is established.
6. For purposes of this Program the term "person" is defined to mean any individual, partnership, corporation, association, institution, cooperative enterprise, municipality, commission, political subdivision or other duly established legal entity. The term "person" shall also include successors, assigns, parents, subsidiaries, affiliates, partners, joint venturers, divisions, contractors and subcontractors, and all other entities existing or newly formed, controlled directly or indirectly by the person, through change in ownership or status by transfer of assets or otherwise.
7. This program shall become effective on May 1, 1999 and continue until June 30, 2002. For purposes of this Program the term "dry waste" shall have the meaning as defined in the REGULATIONS OF THE DELAWARE SOLID WASTE AUTHORITY. For purposes of this Program the term "solid waste" shall have the meaning as defined in the REGULATIONS OF THE DELAWARE SOLID WASTE AUTHORITY but shall not include dry waste, or special or industrial process solid waste.
8. This Program shall become effective on July 1, 2001 and continue until June 30, 2005. For those persons who have (i) prior to the adoption of this Program entered Differential Disposal Fee contracts with the Authority and (ii) who do not enter the Differential Disposal Fee contract under this Program, the provisions of prior Program and prior Differential Disposal Fee contract shall continue in full force and effect.