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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsSeptember 2013

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1 DE Admin. Code 501
2. On June 1, 2013, the Authority caused to be published, in the Delaware Register of Regulations, notice of the proposed Amendments. The proposed Amendments were also the subject of publication in the Delaware State News on June 10, 2013
3. In accordance with 7 Del.C. §6403(i), on Tuesday, July 2, 2013 a hearing was held before Michael W. Teichman, Esquire, the Authority's designated hearing officer. At the hearing, documents and sworn testimony were received into evidence.
Summary of Evidence, Findings of Fact and Conclusions of Law
"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, product, energy, or managed separately in an authorized manner to reduce adverse environmental impacts.
"Recycle Delaware Center" means a DSWA facility, established pursuant to 7 Del.C. §6450 et seq., to receive recyclable materials and 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 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 any 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.
3.3.1 the License Stickers provided by DSWA which is 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;
3.4.1.3 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 may utilize a call forwarding service so that a Delaware telephone number may be dialed to reach an out-of-state office. The exclusive use of an answering machine shall not satisfy this requirement; and [Reserved]
3.5.2 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 may utilize a call forwarding service so that a Delaware telephone number may be dialed to reach an out-of-state office. The exclusive use of an answering service may be utilized. An answering machine shall not satisfy this requirement; and [Reserved]
3.14 The License period for municipalities shall be five years. The License period for all Licensees except municipalities shall be two years, or such other time period as determined by DSWA’s CEO or COO. The License renewal application shall be submitted to DSWA at least thirty (30) calendar days prior to the expiration date of the existing License.
3.18 Notwithstanding anything to the contrary contained in these Regulations, a Licensee may operate a replacement vehicle on a temporary basis for a period of fifteen (15) days; provided further, that the licensee shall provide DSWA an original signed letter on company letterhead providing the information listed in §3.15 of these Regulations. An original letter must be submitted for each day of operation until DSWA License Stickers are properly displayed on the vehicle or the vehicle is removed from temporary service. Letters must be taken to the weighstation of the DSWA Solid Waste Facility. Only persons licensed by DSWA shall utilize properly complete letters of authorization. No other letters of authorization shall be accepted at DSWA facilities.
3.23.5 Any transfer, assignment or other arrangement whereby the customers or accounts of one Licensee are serviced by another Licensee. Such notice shall include the number and type (e.g., commercial, municipal, residential, industrial, etc.) of accounts or customers affected, and a description of the geographical location in which such accounts or customers are located.
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 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 CB).
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.
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 and/or the right to use DSWA facilities may be denied to the user 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.
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 recyclable materials in excess of 5 tons annually shall file with DSWA an annual registration statement in the form which appears as Attachment DC to these regulations. Such statement shall be filed no later than February 1 of each year.
8.2 At a Recycle Delaware 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;
8.3 Recyclable materials and dry waste delivered to a DSWA facility shall be free of contamination as determined by DSWA. The collection and transportation of recyclable materials shall be subject to the requirements of subsections 8.3.1 through 8.3.3 below:
8.3.2 Any Recyclable materials 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 percent (60%) 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
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 BE;
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.
10.21 Any person who violates a provision of these Regulations or a License condition shall be subject to the following sanctions:
10.21.1 If the violation has been committed 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;
10.2.21.4 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;
10.2.31.5 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.
Street Area code - Phone number
City State Zip Code
Name of Individual having administrative responsibility at this location
Street Area code - Phone number
City State Zip Code
Name of Individual having administrative responsibility at this location
Name of service
City State Zip Code
Name of Individual having administrative responsibility at this location
Name
City State Zip Code
Name
City State Zip Code
6. Type of business: £ Sole Proprietorship £ Partnership £ Municipality £ Corporation*
8. Delaware Business License number: (contact Division of Revenue)
Name Percentage
Name Percentage
Name Percentage
12. Officers, Directors, Shareholders holding in excess of 10% of issued Stock in incorporated business:
Name Percentage
Name Percentage
C: ___________________________________________________________________________
Name Percentage
13. Indicate if any partnership or corporation other than applicant has any interest, direct or indirect, in the License applied for, or in the business conducted under such License. (If so, state names, addresses, and interest of the partnerships, corporations, and principals involved, indicating the nature and extent of the interest.)
£ Not applicable £ Applicable, provide details:
£ Not applicable £ Applicable, provide details:
£ No £ Yes (Provide details: Use the back of this sheet or separate sheet if necessary)
£ Not applicable £ Applicable, provide details:
£ Mon £ Tue £ Wed £ Thu £ Fri £ Sat £ Sun
DISPOSAL FACILITY
Tons Location Name Address
Tons Location (Name and Address
Last Updated: December 31 1969 19:00:00.
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