1 Del. Admin. Code § 501-3.0

Current through Register Vol. 28, No. 5, November 1, 2024

Section 501-3.0 - Collection and Licensing

3.1 No person shall collect, transport, and/or deliver solid waste, or dry waste, except recyclable materials, in the State of Delaware without first having obtained a License, provided, however, that:

3.1.1 persons transporting and delivering solid waste, or dry waste, that they created on their premises resulting from their activities shall not be required to obtain a License; and

3.1.2 persons collecting, transporting and/or delivering solid waste, or dry waste, in the course of their employment by a person holding a License shall not be required to obtain a License.

3.1.3 persons who first became subject to this licensing requirement because of amendments to the regulations which require a License for the collection, transport, and/or delivery of dry waste, shall not be required to have such License for the 60 day period following the effective date of the regulations.

3.2 The CEO may designate a specific DSWA facility or facilities for delivery or disposal of solid waste, dry waste, or recyclable materials.

3.3 Each Licensee shall clearly display on both sides of the vehicle:

3.3.1 the License Stickers provided by DSWA which 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;

3.3.2 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.

3.4 Licensees shall maintain business offices and phone numbers as follows:

3.4.1 Licensees who collect on a yearly average 100 tons per month or more:

3.4.1.1 each Licensee shall maintain a manned business office location or locations and designate a representative in responsible charge thereof;

3.4.1.2 each Licensee shall provide a street address for the business office to which correspondence may be mailed;

3.4.1.3 [Reserved]

3.4.1.4 notification regarding any change of business location or telephone number shall be provided to DSWA in writing within seven days of such change.

3.5 Licensees who collect on a yearly average less than 100 tons per month:

3.5.1 each Licensee shall provide a street address for the business office or dwelling to which correspondence may be mailed. A Post Office Box shall not satisfy this requirement;

3.5.2 [Reserved]

3.5.3 notification regarding any change of business location or telephone number shall be provided to DSWA in writing within seven days of such change.

3.6 Each Licensee shall maintain insurance at the following minimum amounts:

3.6.1 Automobile liability: $350,000 combined bodily injury and property damage per occurrence;

3.6.2 General liability: bodily injury $300,000 per occurrence; property damage: $100,000 per occurrence; and

3.6.3 Workman's Compensation as required by law.

3.6.4 Each Licensee shall provide to DSWA new certification of the coverages specified in Section 3.6 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.

3.7 Each DSWA permitted vehicle shall, at all times:

3.7.1 Be maintained to prevent fluids or other contents from spilling onto any surface

3.7.2 Be capable of being readily emptied;

3.7.3 Be kept in as much of a sanitary condition as possible to control the presence of vectors;

3.7.4 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 DSWA facility; and

3.7.5 Be subject at all times to inspection by DSWA, including the contents thereof.

3.8 Each Licensee shall comply with the following requirements while collecting, transporting and/or delivering solid waste or dry waste.

3.8.1 Solid waste, or dry waste, shall not be processed, scavenged, modified, or altered unless in compliance with applicable laws and regulations.

3.8.2 Solid waste, or dry waste, in collection vehicles and/or containers shall be suitably enclosed or covered to prevent littering or spillage of solid waste or fluids.

3.8.3 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 facility authorized to receive such waste 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.

3.8.4 Any spillage shall be immediately cleaned up and removed.

3.8.5 No undue disturbance shall be caused in residential areas as a result of collection operations.

3.8.6 For Licensees newly licensed on and after January 10, 2016, such Licensees shall only utilize enclosed compactor type vehicles or "roll-offs" with a cover sufficient to prevent any spillage of, loss of, or littering for the collection, transportation, or delivery of solid waste, except for vehicles utilized only to collect, transport, or deliver solid wastes referenced in Section 4.2 and Section 4.3, Infra., or oversized bulky waste, such as couches and large household appliances (i.e., "white goods").

3.9 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.

3.10 As a minimum each Licensee, except for municipalities with a written agreement with a licensed collector 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

3.11 Each Licensee shall pay all amounts due and owing to the DSWA for services at the time such services are rendered, unless such Licensee has a charge account established and in good standing in accordance with DSWA policy and procedure respecting charge account privileges.

3.12 Any person desiring to collect, transport, and/or deliver solid waste or dry waste, except recyclable materials, 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 Attachment "A" of these Regulations. DSWA shall approve or deny License applications within thirty (30) days of receipt of a completed application.

3.13 DSWA may require information to supplement that requested in Attachment "A" in reviewing License applications.

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.

3.15 Before any additional collection vehicle or substitute collection vehicle is utilized for the collection, transportation, and/or delivery of solid waste or dry waste, the Licensee shall submit to DSWA the following:

3.15.1 The name, address and telephone number of the owner of the vehicle.

3.15.2 The state motor vehicle registration number.

3.15.3 A description of chassis by year and manufacturer.

3.15.4 A description of the body by year and manufacturer.

3.15.5 The legal weight limit of the vehicle.

3.15.6 The volume of the body of the vehicle in cubic yards.

3.15.7 Evidence of the insurance coverage as required by Section 3.6.

3.16 Each License shall contain the following:

3.16.1 Owners Name and/or trading name.

3.16.2 Physical and/or mailing addresses.

3.16.3 License period.

3.16.4 Authorized signature.

3.16.5 Special License conditions regarding collection, transportation, and/or delivery of solid waste or dry waste, as specified by DSWA.

3.17 The Licensee shall notify DSWA of any transfer of a License or title to a DSWA permitted vehicle within seven days of such transfer. Except for a municipality with a written agreement with a licensed collector for backup capacity, no person shall be entitled to collect, transport and/or deliver solid waste or dry waste under another person's 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.

3.19 No License shall be issued to any person who:

3.19.1 has a charge account with DSWA that is past due in accordance with DSWA policies or

3.19.2 is obligated to file a report in accordance with these Regulations and has not done so for the immediately preceding calendar year.

3.19.3 holds or has held a License which has been revoked;

3.19.4 holds or has held a License which has been suspended, for such period as the License is suspended;

3.19.5 holds or has held an interest in any Licensee whose License has been revoked;

3.19.6 holds or has held an interest in any Licensee whose License has been suspended, for such period as the License is suspended; and

3.19.7 owns, in whole or in part, operating assets, including vehicles and routes, which were acquired from a Licensee whose License 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.

3.20 Any person who first collects, transports, and/or delivers solid waste or dry waste, except recyclable materials, within the State of Delaware, without leaving first obtained a License under this Article, shall not be issued a License required 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, or as determined by the CEO, or his designee.

3.21 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.

3.22 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 these Regulations.

3.23 A Licensee shall give written notice to DSWA within seven (7) days of any of the following:

3.23.1 sale or conveyance of a significant portion of its assets;

3.23.2 sale or conveyance of a significant portion of the equity interest (e.g. stock) held in it;

3.23.3 purchase or other acquisition of a significant portion of the assets of another Licensee;

3.23.4 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.

3.23.5 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.

3.24 With respect to any vehicle which accesses a DSWA facility based on the extension of credit by DSWA, the vehicles shall use:

3.24.1 License Stickers;

3.24.2 RF transponders;

3.24.3 barcode identification Cards; or

3.24.4 Other identification as permitted by DSWA.

By using one or more of the above required items, the originally assigned person is accepting responsibility for all charges to the person's account. The required identification items are the property of DSWA and must be removed, returned, and/or destroyed in accordance with existing DSWA policy upon selling or transferring a vehicle. The originally assigned person remains responsible for all charges to his account until DSWA receives written documentation from the person to confirm a change in the status of the account or the account vehicle. (For example: selling or trading a vehicle.)

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 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 B).

1 Del. Admin. Code § 501-3.0

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)