1 Del. Admin. Code § 501-4.0

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

Section 501-4.0 - Use of DSWA Facilities by Municipalities and Their Contractors

4.1 Any solid waste, including but not limited to dry waste, that is generated in the State of Delaware, and collected or transported by a Licensee or by any person on behalf of a Licensee, or any municipality, or by a person pursuant to an agreement with any municipality, shall be disposed of at a DSWA facility, unless it is a solid waste listed in Section 4.2 or Section 4.3. Any Licensee, municipality, or other person that enters into an agreement for the collection or transportation of such solid waste that is required to be delivered to a DSWA facility pursuant to this section shall include in such agreement a requirement that the solid waste shall be disposed at a DSWA facility. Every person required by contract to deliver solid waste or Recyclable Materials to a DSWA facility shall comply with such requirement.

4.2 The following solid wastes shall not be delivered to a DSWA facility:

4.2.1 Hazardous wastes

4.2.2 Explosives

4.2.3 Pathological and infectious wastes

4.2.4 Radioactive wastes

4.2.5 Solid wastes, as determined by the CEO or his designee, which will, because of their quantity, physical properties, or chemical composition, have an adverse effect on the DSWA facility, or the operation of the DSWA facility, or if an effective means of risk and cost allocation cannot be achieved.

4.2.6 Wastes which are prohibited by the DSWA facility(s) DNREC permit.

4.2.7 Solid wastes, except recyclable materials, generated outside the State of Delaware.

4.3 The following solid waste may but is not required to be delivered to a DSWA facility for disposal or recycling, upon payment of the subject to any limitations imposed by statute, regulation or permit conditions; or otherwise appropriate fee or user charge, provided that delivery of such solid waste is not otherwise proscribed by § 4.2:

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.

4.3.2 Non-hazardous waste resulting from emergency clean-up actions.

4.3.3 Any special solid waste allowed at a DSWA facility pursuant to Section 6.0 of these regulations.

4.3.4 Asbestos.

4.3.5 Source separated recyclable materials

4.3.6 Industrial solid waste

4.3.7 Agricultural waste generated on a farm

4.3.8 Tires

4.3.9 Construction and demolition waste generated and collected in New Castle County.

4.3.10 Waste materials collected from industrial facilities which have adopted and implemented a companywide policy requiring all waste materials generated at its industrial facilities to be disposed at waste to energy plants. In order for waste to qualify under this subsection 4.3.10, the Licensee transporting such waste must provide a written notification from the industrial facility to the DSWA stating:

(i) the name and location of the industrial facility in Delaware;

(ii) the industrial facility's companywide policy;

(iii) the date and manner by which such companywide policy was adopted; and

(iv) the name and location of the waste to energy plant to which the waste materials are being transported. The Licensee seeking to take advantage of this Subsection 4.3.10 must deliver the notice to the DSWA before transporting waste materials to a waste to energy plant.

1 Del. Admin. Code § 501-4.0

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