7 Del. Admin. Code § 1305-4.0

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

Section 1305-4.0 - General Provisions

4.1 Waste services providers shall:

4.1.1 Not commingle source-separated recyclables with other solid waste;

4.1.2 At a minimum, provide annual notification to their customers that single stream recycling services will be provided, with instructions on participation; and¹

4.1.3 Provide multi-family residential customers with single stream recyclables collection containers that are located adjacent, or as close as possible, to the complex's waste disposal containers, so that recycling access is at least as convenient as waste disposal.

4.2 Property managers:

4.2.1 In the single or multi-family residential sectors shall ensure that single stream recycling services are available for tenants in accordance with 7 Del.C. § 6053;

4.2.2 In the commercial sector shall ensure that single stream recycling services are available for tenants in a manner that is convenient and cost effective;

4.2.3 At a minimum, provide annual notification to their tenants that single stream recycling services will be provided with instructions on participation; and²

4.2.4 Are not precluded from requiring tenants to source-separate their single stream recyclable materials and place them in the appropriate recycling collection containers.

4.3 The commercial sector shall participate in a comprehensive recycling program. To accomplish this, all commercial sector persons shall:

4.3.1 Perform an annual review of the solid waste generated and maintain records of the review for three years;

4.3.2 Identify recyclables in the solid waste;

4.3.3 Subsequently keep recyclables separate from the solid waste stream; and

4.3.4 Ensure the recyclables enter the marketplace or are collected for recycling.

4.4 If a commercial sector entity has no recycling program or if they regularly have a significant portion of recyclables in their waste stream that are not source separated, they are not participating in a comprehensive recycling program and are subject to enforcement and penalties per Title 7 Chapter 60.

4.5 The exemption for persons who transport solid waste and recyclables from their own property as described in 7 Del.C. § 6053 (5) shall not include persons who act as a waste services provider to residences or tenants on their own property.

¹ "[a]dvise the Department... on all aspects of recycling." 7 Del.C. § 6058(c).

² In those instances where the property manager and the waste service provider are one and the same, only one annual notice shall be required.

7 Del. Admin. Code § 1305-4.0

20 DE Reg. 648 (2/1/2017) (Final)