1 Del. Admin. Code § 501-2.0

Current through Register Vol. 28, No. 5, November 1, 2024
Section 501-2.0 - Definitions

"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 or managed separately in an authorized manner to reduce adverse environmental impacts.

"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 materials or groups of materials that can be and commonly are collected 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.

1 Del. Admin. Code § 501-2.0

5 DE Reg. 100 (07/01/01)
15 DE Reg. 637 (11/01/11)
17 DE Reg. 313 (09/01/13)
19 DE Reg. 613 (1/1/2016) (Final)