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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsSeptember 2013

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1 DE Admin. Code 503
2. On June 1, 2013, the Authority caused to be published, in the Delaware Register of Regulations, notice of the removal of the Obsolete Program. The removal of the Obsolete Program was also the subject of publication in the Delaware State News on June 10, 2013.
3. In accordance with 7 Del.C. §6403(i) and (k), 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
Section 6403 (7 Del.C. §6403)
1.0 Except as provided in Paragraph 2.0 below, the rate for disposal of solid waste and dry waste shall be $58.50 per ton.
2.0 For those entering into a contract with the Authority to bring all of their 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 made available by the Authority subject to the following:
3.0 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.
4.0 The contracts utilized to effectuate this Program shall be uniform 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, 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 and dry waste generated in the State of Delaware.
5.0 The Program established by Paragraph 2.0, above, shall be available to all persons having active accounts with the Authority effective July 1, 2001. For new accounts with the Authority opened after July 1, 2001, persons establishing such accounts shall be entitled to enter contracts with the Authority provided:
6.0 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, 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.
7.0 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.
8.0 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.
Last Updated: December 31 1969 19:00:00.
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