1 Del. Admin. Code § 501-6.0
Current through Register Vol. 28, No. 5, November 1, 2024
Section 501-6.0 - Special Solid Waste6.1 Any person causing or allowing special solid waste to be delivered to any DSWA facility shall obtain the approval of DSWA prior to commencement of such delivery; provided however, that where more than one person is involved in the generation and delivery of a particular special solid waste, approval of DSWA obtained by one person shall be sufficient. DSWA has adopted a policy on special solid wastes which provides detailed information regarding the approval process.6.2 In the event that there are any risks or additional costs involved in accepting any special solid wastes, the CEO may impose a special solid waste disposal surcharge to compensate DSWA for such risks and additional costs, including administrative expenses and overhead. The following factors shall be considered in determining the amount of such special solid waste surcharge: 6.2.1 Quantity of waste to be disposed of;6.2.2 Degree of risk associated with such disposal;6.2.3 Additional handling, processing and disposal costs;6.2.4 Additional administrative expenses and overhead;6.2.5 Additional environmental protection controls including monitoring.6.3 The special solid waste surcharge shall be set by the CEO, without notice and public hearing thereon, and may be done on a case by case basis.6.4 Any person causing or allowing special solid waste to be delivered to a DSWA facility operated by or on behalf of DSWA shall be deemed to have agreed to indemnify and hold harmless DSWA from any liability arising from disposal of such special solid waste and to have agreed to reimburse DSWA for any costs reasonably incurred to protect against or reduce any risk resulting therefrom; provided, however, such person, if such person has not caused or allowed the delivery of a hazardous substance within the meaning of the Comprehensive Environmental Response Compensation Liability Act (CERCLA), as amended, 42 USC Section 9601, et.seq., shall not be liable under this subsection to DSWA for harm or damage caused by the negligence of DSWA.6.5 It shall be the responsibility of each generator of special solid waste, in addition to the person collecting, transporting and delivering it, to obtain the approval of DSWA for disposal of special solid waste at the DSWA facility and to assure that such waste is delivered to the DSWA facility for disposal. Such solid waste shall not be disposed in a DSWA facility if: 6.5.1 DSWA refuses to approve the disposal of such waste at a DSWA facility; or6.5.2 the generator of such waste determines or agrees to have such waste disposed of at another properly licensed or permitted facility;6.5.3 the solid waste is described in § 4.2.6.6 Any person aggrieved by a determination of the CEO or his designee, under this Article or Sections 4.2 and 4.3, may seek review thereof by the Directors of DSWA in accordance with the Act, and these Regulations.1 Del. Admin. Code § 501-6.0