Statutes, codes, and regulations
Delaware Administrative Code
Title 7 - Natural Resources and Environmental ControlDivision of Waste and Hazardous SubstancesSolid and Hazardous Waste Management Section
Regulations Governing Solid Waste
Section 1301-10.0 - Transfer Stations

7 Del. Admin. Code § 1301-10.0

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Current through Reigster Vol. 28, No. 6, December 1, 2024
Section 1301-10.0 - Transfer Stations
10.1 General Provisions
10.1.1 Applicability
10.1.1.1 This section applies to all solid waste transfer stations in Delaware. Additional requirements may apply to transfer stations handling special solid wastes, such as infectious waste.
10.1.1.2 Compliance with these regulations does not release the owner or operator of a transfer station from the obligation of complying with any other applicable laws, regulations, or ordinances.
10.1.2 Exclusions. The following types of facilities are not considered to be transfer stations:
10.1.2.1 Facilities permitted as materials recovery facilities.
10.1.2.2 Small load collection areas located at permitted landfill sites.
10.1.2.3 Individual dumpsters used for waste generated on site (e.g., at shopping centers, apartment complexes or commercial establishments).
10.1.2.4 Compaction equipment being used exclusively for solid waste generated on site (e.g., in office or apartment complexes, industrial facilities, or shopping centers).
10.1.2.5 Temporary debris collection and reduction sites established by Delaware Emergency Management Agency (DEMA) as the result of a natural or man-made disaster event. The exclusion shall apply provided the sites are established in accordance with the applicable DEMA Debris Management Plan, and meet the substantive requirements of this section. The exclusion shall last no longer than ninety (90) days from the start of accumulation of wastes at the temporary debris collection and reduction site, unless written approval for a longer period is granted by the Department. A written record shall be required to document accumulation of debris at each site.
10.2 Siting
10.2.1 Transfer stations shall be located only in areas where the potential for degradation of the quality of air, land, and water is minimal.
10.2.2 Transfer stations shall be located adjacent to access roads capable of withstanding anticipated load limits.
10.2.3 No new transfer station shall be located in an area such that solid waste would at any time be handled:
10.2.3.1 Within the 100-year flood plain.
10.2.3.2 Within any state or federal wetland.
10.2.3.3 So as to be in conflict with any locally adopted land use plan or zoning requirement.
10.3 Design
10.3.1 General. The plans and specifications for a proposed transfer station shall be prepared and certified by a Professional Engineer registered in Delaware and shall be submitted as a part of the transfer station permit application.
10.3.2 Minimum design requirements. All transfer stations shall be designed to include at least the following:
10.3.2.1 A leachate collection and disposal system as described in Section 10.4.
10.3.2.2 A means for weighing or measuring all solid waste handled at the facility.
10.3.2.3 Tipping and loading areas contained within structures capable of preventing the development of nuisance conditions (e.g., odors, litter, dust, rodents, insects) if these areas will be within 300 feet of a commercial, institutional, or residential structure that is designed for human occupancy and that is in existence at the time of initial permit application. If tipping and loading areas will not be within 300 feet of a structure designed for human occupancy, the permittee shall evaluate the impact to the surrounding area of handling the solid waste in a nonenclosed facility. In addition, the permittee shall evaluate the need for exhaust systems in enclosed areas and shall install such systems if necessary for the protection of human health.
10.3.2.4 A means to prevent vehicles from backing into the pit while unloading.
10.3.2.5 Onsite roads designed to accommodate projected traffic flow in a safe and efficient manner.
10.3.2.6 Separate access for passenger vehicles, if both commercial and passenger vehicles are using the facility.
10.3.2.7 A fence or other security system that will prevent access to the site by unauthorized persons.
10.4 Leachate Collection And Disposal
10.4.1 All transfer stations shall be designed and constructed to include a leachate collection and disposal system that will prevent leachate (including wastewater generated during normal operation such as washout and cleaning of equipment, trucks, and floors) from contaminating the soil, surface water, or ground water.
10.4.2 The leachate collection and disposal system must be approved in advance by the Department and shall consist of one, or a combination, of the following:
10.4.2.1 Tipping, loading, and unloading areas constructed of impervious material and equipped with drains connected to either:
10.4.2.1.1 a sanitary sewer system, or
10.4.2.1.2 a corrosion resistant holding tank. If the tipping, loading, and unloading areas are not enclosed, the piping and drains to the sewer system or holding tank shall be sized to handle, at a minimum, the runoff that would result from a 2-hour 10-year storm.
10.4.2.2 Containers and compaction units constructed of durable impervious material and equipped with covers that will minimize the entrance of precipitation. Alternate designs may be used with prior written approval of the Department if the applicant can show that they will prevent leachate from contaminating the soil, surface water, and ground water.
10.5 Operation And Maintenance Standards
10.5.1 General
10.5.1.1 Transfer stations shall be operated in a manner that will preclude degradation of land, air, surface water, or ground water.
10.5.1.2 Transfer stations shall be maintained and operated to conform with the Plan of Operation submitted at the time of permit application and approved by the Department.
10.5.2 Details of operation and maintenance
10.5.2.1 Storage of solid waste. Solid waste shall not remain at the transfer station for more than 72 hours without the written approval of the Department. Any solid waste that is to be kept at the site overnight shall be stored in an impervious enclosed structure.
10.5.2.2 Disposition of solid waste leaving the facility. All solid waste accepted at the transfer station must, upon leaving the transfer station, be delivered to a processing or disposal facility authorized by the Department (or by the appropriate environmental agency, if outside of Delaware) to accept that type of waste.
10.5.2.3 Control of nuisances and hazards
10.5.2.3.1 Litter. The permittee shall provide for routine maintenance and general cleanliness of the entire site, as well as litter removal along roads approaching the site if accumulations of litter along the approach roads are clearly the result of the operation of the transfer station.
10.5.2.3.2 Vectors. The permittee shall implement a vector control plan to prevent the establishment of habitats for nuisance organisms (e.g., flies, maggots, roaches, rodents, and similar vermin) and to mitigate nuisances and hazards to human health and the environment.
10.5.2.3.3 Air Pollution. The operation of the transfer station shall comply with 7 Del.C. Ch. 60 and the Regulations Governing the Control of Air Pollution.
10.5.2.3.4 ' Fire. Equipment shall be available on site to control fires, and arrangements shall be made with the local fire protection agency to provide immediate services when needed. If deemed necessary by the Department, a separate area shall be provided for temporary placement of hot loads received at the facility. The hot load area shall be located away from trees, bushes, and structures, and loads shall be extinguished immediately upon unloading.
10.5.2.4 Access to the site shall be limited to those times when an attendant is on duty and to those persons authorized to use the site for the disposal of solid waste. This section shall not be construed to limit right of entry pursuant to 7 Del.C. § 6024.
10.5.2.5 Personnel. Sufficient numbers and types of personnel shall be available at the site to insure capability for operation in accordance with these regulations.
10.5.2.6 Health and safety. Employees at the site shall work under all appropriate health and safety guidelines established by the Occupational Safety and Health Administration. First aid equipment shall be available at the site.
10.5.2.7 Equipment. Adequate numbers and types of equipment commensurate with the size of the operation shall be available at the site to insure operation of the facility in accordance with the provisions of these regulations and the plan of operation. All waste handling equipment shall be cleaned routinely and maintained according to the manufacturer's recommendations.
10.5.3 Recordkeeping. The following information must be recorded in a timely manner and the records retained by the owner or operator for at least three years:
10.5.3.1 A record of the solid waste commercial haulers (company name, address, and telephone number) using the facility and the type and weight or volume of solid waste delivered by each hauler to the transfer station each day.
10.5.3.2 A record of the type and weight or volume of solid waste delivered from the transfer station to its final destination each day.
10.5.3.3 A record of fires, spills, and uncontrolled releases that occur at the facility, and of hot loads received.
10.5.3.4 Fire and safety inspections.
10.5.3.5 Major equipment maintenance.
10.5.3.6 Destination of the solid waste.
10.5.4 Reporting
10.5.4.1 The permittee shall submit to the Department on an annual basis a report summarizing facility operations for the preceding calendar year. The due date for this annual report will be specified in the facility's permit. The report shall be on a form acceptable to the Department and shall describe and summarize all environmental monitoring and construction activities conducted within the year covered by the report. The report shall include, but not necessarily be limited to, the following:
10.5.4.1.1 Type and weight or volume of waste received.
10.5.4.1.2 A complete list of commercial haulers that hauled waste to or from the facility during the year covered by the report.
10.5.4.1.3 Destination of the solid waste and the type and weight or volume of waste delivered to the destination.
10.5.4.1.4 Descriptions of any intentional or accidental deviations from the approved Plan of Operation.
10.5.4.1.5 Descriptions of all construction or corrective work conducted on the site in accordance with approved plans or to achieve compliance with these regulations.
10.5.4.1.6 An updated estimate of the cost of closing the facility.
10.5.4.1.7 Any additional information specified by the Department.
10.5.4.2 The owner or operator shall notify the Department immediately if either of the following occurs:
10.5.4.2.1 A fire that requires the services of a fire protection agency.
10.5.4.2.2 A spill or uncontrolled release that may endanger human health or the environment.
10.5.5 Prohibitions
10.5.5.1 Solid Waste generated outside of the State of Delaware shall not be combined, commingled or aggregated with solid waste that was generated in Delaware and that is required, pursuant to regulations promulgated by the Delaware Solid Waste Authority (DSWA), to be disposed of at a DSWA facility
10.5.5.2 No liquids, other than those used to disinfect, to suppress dust, or to absorb or cover odors from the solid waste, shall be added to the solid waste.
10.5.5.3 Open burning is prohibited on any transfer station site.
10.5.5.4 Scavenging is prohibited at any transfer station.
10.6 Cessation And Closure
10.6.1 General. When a transfer station ceases accepting solid waste, all of the waste on site shall be removed and the facility shall be closed in a manner that will eliminate the need for further maintenance at the site.
10.6.2 Required submittals; notification
10.6.2.1 An owner or operator of a new transfer station must submit a conceptual closure plan at the time of initial permit application. Any person desiring to close a transfer station shall, at least 90 days before the date on which the facility will stop accepting waste, submit the following to the Department:
10.6.2.1.1 Written notification of intent to close
10.6.2.1.2 Updated closure plan, and
10.6.2.1.3 Closure schedule.
10.6.2.2 At least 90 days prior to the date when waste will no longer be accepted at the facility, the owner or operator shall submit to the Department all of the items listed in Section 10.6.2.1. Closure activities shall not commence until the Department has:
10.6.2.2.1 certified in writing that the closure plan and schedule are complete in accordance with the requirements of these regulations;
10.6.2.2.2 given public notice regarding the closure activity and the opportunity for a public hearing as provided in 7 Del.C. Ch. 60;
10.6.2.2.3 approved in writing anupdated closure plan and closure schedule
10.6.2.2.4 if a hearing has been requested, considered any comments received concerning the closure plan;
10.6.2.2.5 modified the permit to allow closure to take place.

For additional information on the public notice procedure see section 4.1.2 of these regulations.

10.6.2.3 A copy of the approved closure plan must be maintained at the facility or at some other location designated by the owner or operator until closure has been completed.
10.6.3 Closure plan contents. The closure plan for a transfer station must include, as a minimum, the following:
10.6.3.1 A description of the methods, procedures, and processes that will be used to close the transfer station, including provisions that will be made for the proper disposal of all waste that is on the site when operations cease.
10.6.3.2 An estimate of the cost of closing the facility. This estimate shall be updated yearly and submitted to the Department as a part of the annual report described in Section 10.5.4.1.6.
10.6.3.3 A plan for postclosure care of the facility if such care would be necessary to protect human health and the environment.
10.6.3.4 A description of the planned postclosure use of the property.
10.6.3.5 A copy of the approved closure plan must be maintained at the facility or at some other location designated by the owner or operator until closure has been completed.
10.6.4 Minimum closure requirements
10.6.4.1 Closure shall be carried out in accordance with the approved closure plan and the modified permit.
10.6.4.2 Closure must be complete within six months after the date on which the Department issued the approved closure plan and closure schedule.
10.6.4.3 When closure has been completed to the satisfaction of the Department, the Department will issue a letter indicating that closure has occurred in accordance with the closure plan.
10.6.4.4 After closure has been completed, the Department may require that the permittee conduct monitoring and/or maintenance activities at the site to prevent or detect and mitigate any adverse environmental or health impacts.

7 Del. Admin. Code § 1301-10.0

8 DE Reg. 354 (8/1/04)
13 DE Reg. 1093 (02/01/10)
19 DE Reg. 422 (11/1/2015)
20 DE Reg. 296 (10/1/2016) (Final)