4 Del. Admin. Code § 5001-12.0

Current through Reigster Vol. 28, No. 6, December 1, 2024

Section 5001-12.0 - Waste and Disposal

12.1 General waste and disposal requirements. All wastes which are not classified as marijuana wastes, medical wastes, or hazardous wastes, or which are not otherwise regulated by law or regulation, must be managed by disposing in dumpsters or load packers with the following protocols:

12.1.1 Dumpsters must be tightly covered, leak proof, inaccessible to rodents and animals, and placed on concrete slabs preferably graded to a drain. Water supply must be available within easy accessibility for washing-down of the area. More frequent waste pickups must be scheduled when required. The dumping site of waste materials must be in sanitary landfills approved by DNREC.

12.1.2 Load packers must conform to the same restrictions required for dumpsters and must be high enough off the ground to facilitate the cleaning of the underneath areas of the stationary equipment. The loading section must be constructed and maintained in a way to prevent rubbish from blowing away.

12.1.3 Dumpsters and load packers must be secured in a manner to prevent unauthorized access to the marijuana waste.

12.2 Destruction of marijuana waste

12.2.1 All marijuana waste must be rendered unusable before leaving a marijuana establishment by grinding and incorporating the marijuana waste with non-consumable solid wastes such that the resulting mixture is no greater than 50% marijuana waste. Non-consumable solid waste includes:

12.2.1.1 Paper waste;

12.2.1.2 Plastic waste;

12.2.1.3 Cardboard waste;

12.2.1.4 Food waste;

12.2.1.5 Soil;

12.2.1.6 Grease or other compostable waste; and

12.2.1.7 Other non-consumable solid wastes approved by the Commissioner.

12.2.2 When a marijuana plant, marijuana, or marijuana product is removed from inventory for destruction, the marijuana establishment must:

12.2.2.1 Immediately update inventory in the seed-to-sale tracking system;

12.2.2.2 Quarantine the marijuana plant, marijuana, or marijuana product for 72 hours before destruction; and

12.2.2.3 Notify the Commissioner of the pending destruction.

12.2.3 The Commissioner may choose to observe in person any destruction of any marijuana waste.

12.2.4 Destruction of marijuana plants, marijuana, or marijuana products must occur when and where the action of the marijuana establishment can be clearly captured by video surveillance, in accordance with Section 6.0 of this regulation.

12.2.5 All destruction records must be made available for auditing by the Commissioner.

12.3 Disposal of marijuana waste

12.3.1 After marijuana waste is rendered unusable, the solid waste must be:

12.3.1.1 Disposed of at a solid waste disposal site or disposal facility that has a Certificate of Designation from the applicable local governing body;

12.3.1.2 Deposited at a compost facility that has a Certificate of Designation from DNREC;

12.3.1.3 Composted on the licensed premises of the marijuana establishment who generated the waste, and in accordance with applicable federal, state, and local requirements; or

12.3.1.4 Disposed of in dumpsters or load packers in accordance with subsection 12.1 of this regulation.

12.3.2 Liquid marijuana waste must be disposed of in accordance with applicable federal, state, and local requirements, and the International Plumbing Code.

4 Del. Admin. Code § 5001-12.0

28 DE Reg. 226 (9/1/2024) (Final)