reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 7 - Conservation › Chapter 63. HAZARDOUS WASTE MANAGEMENT › Subchapter II. Miscellaneous Provisions › § 6311. Service of process on owners or operators who are nonresidents or corporations not incorporated in Delaware.

§ 6311. Service of process on owners or operators who are nonresidents or corporations not incorporated in Delaware.
(a) Any nonresident person who, either in person or through others, owns or operates a facility or conducts an activity subject to this chapter or any nonresident who, either in person or through others, owns or operates a facility or conducts an activity outside the State, which while located outside the State causes or contributes to the discharge or disposal of hazardous wastes or substances into or upon the lands, air, surface water or groundwaters of the State shall be deemed thereby to have submitted himself or herself to the jurisdiction of the courts of this State and to have appointed and constituted the Secretary of State of this State or the Secretary's designee as the Secretary's agent for the acceptance of legal process in any action under this chapter. The force, validity and effect of service of process under this subsection as well as the procedure for effectuating said service shall be governed in all respects by § 3104 of Title 10.
(b) Any corporation, not incorporated in this State, which itself or through others owns or operates a facility or conducts an activity subject to this chapter or any such corporation which itself or through others owns or operates a facility or conducts an activity outside the State, which while located outside the State causes or contributes to the discharge or disposal of hazardous wastes or substances into or upon the lands, air, surface water or groundwater of the State, shall be deemed thereby to have sufficient contacts with this State to have submitted itself to the jurisdiction of the courts of this State. The force, validity and effect of service of process under this subsection as well as the procedure for effectuating said service shall be governed in all respects by § 3111 of Title 10.
62 Del. Laws, c. 412, §  3;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 63. HAZARDOUS WASTE MANAGEMENT › Subchapter II. Miscellaneous Provisions › § 6312. Public hearings.

§ 6312. Public hearings.
Public hearings shall be held on any application for or draft of, any permit or transfer facility approval, or modification thereof, or any regulation, variance request, permit revocation or appeal to the Environmental Appeals Board in accordance with §§ 6004 and 6006 of this title, except where the Secretary has adopted additional notice and hearing requirements by regulation.
62 Del. Laws, c. 412, §  3;  64 Del. Laws, c. 162, §  11;  66 Del. Laws, c. 364, §  9;
2023 Delaware Code › Title 7 - Conservation › Chapter 63. HAZARDOUS WASTE MANAGEMENT › Subchapter II. Miscellaneous Provisions › § 6313. Appeals.

§ 6313. Appeals.
(a) Any person whose interest is substantially affected by any action of the Secretary may appeal to the Environmental Appeals Board in accordance with § 6008 of this title.
(b) Any person, a party to an appeal before the Board, substantially affected by a decision of the Board may appeal to the Superior Court in accordance with § 6009 of this title.
62 Del. Laws, c. 412, §  3;
2023 Delaware Code › Title 7 - Conservation › Chapter 63. HAZARDOUS WASTE MANAGEMENT › Subchapter II. Miscellaneous Provisions › § 6314. Variances.

§ 6314. Variances.
Variances and temporary emergency variances may be granted by the Secretary from any regulation, transfer facility approval or permit condition adopted pursuant to this chapter in accordance with §§ 6011 and 6012 of this title, except that no temporary emergency variance or variance shall be granted which would be inconsistent with the requirements of § 3006(b) or (c) of the Resource Conservation and Recovery Act of 1976, Pub. L. 94-580 [42 U.S.C. § 6926(b) or (c)] (or regulations promulgated thereunder) requiring equivalence or substantial equivalence of state programs for authorization or interim authorization whichever the case may be.
62 Del. Laws, c. 412, §  3;  63 Del. Laws, c. 164, §  3;  64 Del. Laws, c. 162, §  12;  66 Del. Laws, c. 364, §  10;
2023 Delaware Code › Title 7 - Conservation › Chapter 63. HAZARDOUS WASTE MANAGEMENT › Subchapter II. Miscellaneous Provisions › § 6315. Interference with Department personnel.

§ 6315. Interference with Department personnel.
No person shall obstruct, hinder, delay or interfere with, by force or otherwise, the performance by Department personnel of any duty under this chapter, or any regulation, order, permit or decision promulgated or issued thereunder.
62 Del. Laws, c. 412, §  3;
2023 Delaware Code › Title 7 - Conservation › Chapter 63. HAZARDOUS WASTE MANAGEMENT › Subchapter II. Miscellaneous Provisions › § 6316. Funds; charges.

§ 6316. Funds; charges.
(a) The Department may cooperate with and receive moneys from the federal government, and any state or local government, or other appropriate source in carrying out its duties under this chapter.
(b) Any charges encountered by the Department as a direct result of the public notice and hearing requirements of this chapter and the regulations established thereunder are directly billable to the person conducting or applying to conduct a hazardous waste management activity.
62 Del. Laws, c. 412, §  3;  66 Del. Laws, c. 364, §  11;
2023 Delaware Code › Title 7 - Conservation › Chapter 63. HAZARDOUS WASTE MANAGEMENT › Subchapter II. Miscellaneous Provisions › § 6317. Interstate cooperation.

§ 6317. Interstate cooperation.
The General Assembly encourages cooperative activities by the Department and the Commission with other states, interstate or regional organizations, and the federal government for the improved management of hazardous wastes; for improved, and so far as practicable, uniform state laws relating to the management of hazardous wastes; and compacts between this and other states for the improved management of hazardous wastes.
62 Del. Laws, c. 412, §  3;
2023 Delaware Code › Title 7 - Conservation › Chapter 63. HAZARDOUS WASTE MANAGEMENT › Subchapter II. Miscellaneous Provisions › § 6318. Direct action against guarantor.

§ 6318. Direct action against guarantor.
(a) In any case where the owner or operator is in bankruptcy, reorganization or arrangement pursuant to the Federal Bankruptcy Code or where (with reasonable diligence) jurisdiction in any state court or any federal court cannot be obtained over an owner or operator likely to be solvent at the time of judgment, any claim arising from conduct for which evidence of financial responsibility must be provided under this section may be asserted directly against the guarantor providing such evidence of financial responsibility. In the case of any action pursuant to this subsection, such guarantor shall be entitled to invoke all rights and defenses which would have been available to the owner or operator if any action had been brought against the owner or operator by the claimant and which would have been available to the guarantor if an action had been brought against the guarantor by the owner or operator.
(b) The total liability of any guarantor shall be limited to the aggregate amount which the guarantor has provided as evidence of financial responsibility to the owner or operator under this chapter. Nothing in this subsection shall be construed to limit any other state or federal statutory, contractual or common-law liability of a guarantor to its owner or operator including, but not limited to, the liability of such guarantor for bad faith either in negotiating or in failing to negotiate the settlement of any claim. Nothing in this subsection shall be construed to diminish the liability of any person under § 107 or 111 of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. §§ 9607 or 9611) or other applicable law.
(c) For the purpose of this section, the term “guarantor” means any person, other than the owner or operator, who provides evidence of financial responsibility for an owner or operator under this chapter.
65 Del. Laws, c. 320, §  9;
2023 Delaware Code › Title 7 - Conservation › Chapter 64. DELAWARE SOLID WASTE AUTHORITY › Subchapter I. General Provisions › § 6404. Functions of Authority.

§ 6404. Functions of Authority.
The functions of the Authority shall include, but not be limited to the following:
(1) The planning, design, construction, financing, management, ownership, operation and maintenance of solid waste disposal, volume reduction and resources recovery facilities and all related solid waste reception, transfer, storage, transportation and wastehandling and general support facilities considered by the Authority to be necessary, desirable, convenient or appropriate in carrying out the statewide solid waste management plan and in establishing, managing and operating solid waste disposal and resources recovery systems and their component waste-processing facilities and equipment;
(2) The provision of solid waste management services to municipalities, regions and persons within the State by receiving solid wastes at Authority facilities, pursuant to contracts between the Authority and such agencies, municipalities, persons, regions and business entities; the recovery of material and energy resources and resource values from such solid wastes; and the production from such services and resources recovery operations of revenues sufficient to provide for the support of the Authority and its operations on a self-sustaining basis, with due allowance for the redistribution of any surplus revenues to reduce the costs of Authority services to the users thereof;
(3) The utilization, through contractual arrangements, of private industry for implementation of some or all of the requirements of the state solid waste management plan and for such other activities as may be considered necessary, desirable or convenient by the Authority;
(4) Assistance with the coordination of efforts directed toward source separation for recycling purposes;
(5) Assistance in the development of industries and commercial enterprises within the State based upon resources recovery, recycling and reuse. These objectives shall be considered to be operating responsibilities of the Authority, in accordance with the state solid waste management plan, and are to be considered in all respects public purposes. It is the intention of this chapter that the Authority shall be granted all powers necessary to fulfill these purposes and to carry out its assigned responsibilities and that this chapter, itself, is to be construed liberally in furtherance of this intention; and
(6) The development, implementation and supervision of a program requiring all persons who haul, convey or transport any solid waste in any container to obtain a license from the Authority. The Authority may enter into an administrative agreement with any county, municipality or other political subdivision under which agreement the licensing program referenced herein may be conducted by the county, municipality or other political subdivision pursuant to such rules and regulations adopted by the Authority which are applicable to the licensing program.
60 Del. Laws, c. 288, §  1;  61 Del. Laws, c. 132, §  5;
2023 Delaware Code › Title 7 - Conservation › Chapter 64. DELAWARE SOLID WASTE AUTHORITY › Subchapter I. General Provisions › § 6405. Manager and staff.

§ 6405. Manager and staff.
(a) The manager of the Authority shall be a resident of the State, a registered professional engineer in the State and have obtained at least a masters degree in either civil, mechanical or chemical engineering from an accredited college or university. The manager shall have at least 10 years' engineering experience including at least 3 years' experience in the field of solid waste management.
(b) The manager shall be a member and chief executive of the staff Authority.
(c) All members of the staff shall be employees of the Authority and, except for the manager, the manager's chief administrative aide and engineers who have graduated from an engineering curriculum of 4 years or more, be covered by the state merit system as classified employees.
(d) The manager shall be responsible for developing and recommending an organizational structure for implementing the functions undertaken by the Authority. The manager shall be responsible for recommending to the Authority persons to be hired as staff members. The Authority shall approve all hirings and organizational structures.
(e) All members of the staff shall be included under and subject to Chapter 55 of Title 29.
60 Del. Laws, c. 288, §  1;  60 Del. Laws, c. 558, §  4;  63 Del. Laws, c. 372, §§  3, 4;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 64. DELAWARE SOLID WASTE AUTHORITY › Subchapter I. General Provisions › § 6408. Private contractors.

§ 6408. Private contractors.
The Authority may utilize private industry, by contract, to carry out the business, design, operating, management, marketing, planning and research and development functions of the Authority, or the Authority may determine that it is in the public interest to adopt another course of action. The Authority is hereby empowered to enter into long-term contracts with persons for the performance of any such functions of the Authority which, in the opinion of the authority, can desirably and conveniently be carried out by a person under contract provided any such contract shall contain such terms and conditions as will enable the Authority to retain overall supervision and control of the business, design, operating, management, transportation, marketing, planning and research and development functions to be carried out or to be performed by such persons pursuant to such contract. Such contracts may be entered into either on a negotiated or an open-bid basis, and the Authority in its discretion may select the type of contract it deems most prudent to utilize, considering the scope of work, the management complexities associated therewith, the extent of current and future technological development requirements and the best interests of the State. In exercising the contracting authorities set forth in this section, the Authority shall not give any preference to public versus private parties. Notwithstanding any provision of § 5103 of Title 25 (Landlord-Tenant Code) to the contrary, with respect to any long-term contract pursuant to which a private entity owns or operates a solid waste disposal, transfer station and electric and steam generating facility for the purpose of providing solid waste disposal services to the Authority, Chapters 51 through 70 of Title 25 (Landlord-Tenant Code) shall not determine the legal rights, remedies or obligations of the parties and beneficiaries to any rental or leasing agreement with respect to such facility.
60 Del. Laws, c. 288, §  1;  61 Del. Laws, c. 132, §  9;  64 Del. Laws, c. 343, §  5(b);
2023 Delaware Code › Title 7 - Conservation › Chapter 64. DELAWARE SOLID WASTE AUTHORITY › Subchapter I. General Provisions › § 6409. Covenant with bondholders.

§ 6409. Covenant with bondholders.
The State covenants and agrees with the holders of any bonds, other securities or obligations or contractual obligations of the Authority, assumed, issued or incurred by it and as security for which there may or may not be pledged the fees and revenues of any part thereof of any facility or other project that the State will not, so long as any of such bonds, other obligations or contractual obligations remain outstanding and unpaid, diminish or impair the power of the Authority to establish, levy and collect fees and other charges in connection therewith and that the State will not, so long as any of such bonds, other obligations or contractual obligations remain outstanding and unpaid, terminate the Authority or authorize any other authority or facility to undertake or assume the functions of the Authority, unless adequate provision shall be made by law for the protection of those advancing money or providing services with respect to such obligations.
60 Del. Laws, c. 288, §  1;  63 Del. Laws, c. 372, §  6;  64 Del. Laws, c. 343, §  5(b);
2023 Delaware Code › Title 7 - Conservation › Chapter 64. DELAWARE SOLID WASTE AUTHORITY › Subchapter I. General Provisions › § 6410. Securities investments.

§ 6410. Securities investments.
Notwithstanding the fact that the bonds may be payable from a special fund, if they are otherwise of such form and character as to be negotiable instruments under the terms of the Uniform Commercial Code, the bonds shall be and are hereby made negotiable instruments and securities within the meaning of and for all the purposes of the Uniform Commercial Code. All banks, bankers, trust companies, savings banks, building and loan associations, saving and loan associations, investment companies and other persons carrying on a banking business, all insurance companies, insurance associations and other persons carrying on an insurance business and all administrators, executors, guardians, trustees and other fiduciaries and all other persons whatsoever who are now or may hereafter be authorized to invest in bonds or other obligations may properly and legally invest any funds, including capital, belonging to them or within their control; and said obligations are hereby made securities which may properly and legally be deposited with and shall be received by the Authority for any purpose for which the deposit of bonds or other obligations is now or may hereafter be authorized.
60 Del. Laws, c. 288, §  1;  61 Del. Laws, c. 132, §  10;
2023 Delaware Code › Title 7 - Conservation › Chapter 64. DELAWARE SOLID WASTE AUTHORITY › Subchapter I. General Provisions › § 6411. Tax status.

§ 6411. Tax status.
The powers and functions exercised by the Authority under this chapter and any amendments hereof or supplements hereto are and will be in all respects for the benefit of the people of the State, and for the protection of their health and welfare. To this end, the Authority shall be regarded as performing essential governmental functions in exercising such powers and functions and in carrying out this chapter and of any law relating thereto, and shall not be required to pay any taxes or assessments of any character, levied either by the State or a political subdivision thereof, upon any of the property used by it for such purposes, or any income or revenue therefrom, including any profit from a sale or exchange. The bonds or other securities or obligations issued by the Authority, their transfer and the interest paid thereon or income therefrom, including any profit from a sale or exchange, shall at all times be free from taxation by State or any subdivision thereof. The Authority may enter into agreements with any person, other than a municipality, leasing a project from the Authority or operating or managing the project providing for the making of payments in lieu of taxes to any municipality within which the project is located of an amount which may be equal to the taxes on real and personal property which such person would have been required to pay had it been the owner of such property during the period for which such payment is made or such lesser amount as shall be agreed upon by such person and the Authority.
60 Del. Laws, c. 288, §  1;  61 Del. Laws, c. 132, §  11;
2023 Delaware Code › Title 7 - Conservation › Chapter 64. DELAWARE SOLID WASTE AUTHORITY › Subchapter I. General Provisions › § 6412. Judicial review.

§ 6412. Judicial review.
Judicial proceedings to review any rule, regulation or other action of the Authority or to determine the meaning or effect thereof, may be brought in the Superior Court of this State, provided such review is requested within 30 days from the date of the promulgation of the rule or regulation or other action of the Authority.
60 Del. Laws, c. 288, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 64. DELAWARE SOLID WASTE AUTHORITY › Subchapter I. General Provisions › § 6413. No pledge of credit; exception.

§ 6413. No pledge of credit; exception.
The Authority shall have no power to pledge the credit or to create any debt or liability of the State, or of any other agency or of any political subdivision, except that bonds, loan agreements or service agreements, all of which may be supported by the full faith and credit of a municipality, may be pledged as security for bonds or other obligations of the Authority.
60 Del. Laws, c. 288, §  1;  61 Del. Laws, c. 132, §  12;
2023 Delaware Code › Title 7 - Conservation › Chapter 64. DELAWARE SOLID WASTE AUTHORITY › Subchapter I. General Provisions › § 6414. Local cooperation.

§ 6414. Local cooperation.
All municipalities, political subdivisions and every department, agency or public body of the State is hereby authorized and empowered to cooperate with, aid and assist the Authority in effectuating this chapter and of any amendment hereof or supplement hereto, without regard to any law, public or private, or charter, regulating the issuance of debt or other obligations or governing the issuance of bonds.
60 Del. Laws, c. 288, §  1;  61 Del. Laws, c. 132, §  13;
2023 Delaware Code › Title 7 - Conservation › Chapter 64. DELAWARE SOLID WASTE AUTHORITY › Subchapter I. General Provisions › § 6415. Depositaries.

§ 6415. Depositaries.
All banks, bankers, trust companies, savings banks and other persons carrying on a banking business under the laws of the State are authorized to give security for the safekeeping and prompt payment of moneys of the Authority deposited by it with them, in such manner and form as may be required by and as may be approved by the Authority, which security may consist of a good and sufficient undertaking with such sureties as may be approved by the Authority, or may consist of the deposit with the Authority or other depositary approved by the Authority as collateral of such securities as the Authority may approve.
60 Del. Laws, c. 288, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 64. DELAWARE SOLID WASTE AUTHORITY › Subchapter I. General Provisions › § 6416. Reports and audits.

§ 6416. Reports and audits.
(a) The Authority shall make annual reports to the Governor, and the General Assembly of the State, setting forth in detail its operations and transactions, and may make such additional reports from time to time to the Governor and General Assembly as it may deem desirable.
(b) The Authority shall, at least annually, cause an independent audit of its fiscal affairs to be made and shall furnish a copy of such audit report together with such additional information or data with respect to its affairs as it may deem desirable to the Governor and General Assembly of the State.
60 Del. Laws, c. 288, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 64. DELAWARE SOLID WASTE AUTHORITY › Subchapter I. General Provisions › § 6421. Public bodies to pay service charges.

§ 6421. Public bodies to pay service charges.
Each county, city, town or other public body shall promptly pay to the Authority all service charges and other moneys which the Authority may charge to it, as owner or occupant of any facility, and shall provide for the payment thereof in the same manner as other obligations of such county, city, town or other public body.
61 Del. Laws, c. 132, §  17;
2023 Delaware Code › Title 7 - Conservation › Chapter 64. DELAWARE SOLID WASTE AUTHORITY › Subchapter I. General Provisions › § 6422. Powers respecting garbage and solid wastes disposal limited after creation of Authority; use of services.

§ 6422. Powers respecting garbage and solid wastes disposal limited after creation of Authority; use of services.
(a) The Authority by regulation may provide that no municipality shall have power to engage in, grant any license or permit for or enter into any contract for the collection or treatment and disposal of garbage, refuse and solid wastes; and no such municipality or any person, firm, corporation or association shall engage in any activities within such municipality which would be competitive with the purposes of the Authority as provided in this chapter; provided, however, that the prohibitions aforesaid shall not be applicable to that activity in which the Authority shall determine not to engage.
(b) It is hereby determined and declared that it is necessary for the health and welfare of the inhabitants of the State that the facilities and services of the Authority shall be used by the owners or occupants of all lands, buildings and premises within the State, and the Authority may by regulation require the owners or occupants of all lands, buildings and premises therein to use the services and facilities of the Authority under such rules and regulations as the Authority shall fix and establish. This section shall not be construed, however, to affect or impair any contract entered into prior to July 12, 1977.
61 Del. Laws, c. 132, §  18;  63 Del. Laws, c. 372, §  8;
2023 Delaware Code › Title 7 - Conservation › Chapter 64. DELAWARE SOLID WASTE AUTHORITY › Subchapter I. General Provisions › § 6423. Construction of chapter.

§ 6423. Construction of chapter.
This chapter and the regulations promulgated thereunder shall be construed liberally to effectuate the legislative intent and as complete authority for the performance of each and every act and thing herein authorized.
61 Del. Laws, c. 132, §  19;
2023 Delaware Code › Title 7 - Conservation › Chapter 64. DELAWARE SOLID WASTE AUTHORITY › Subchapter I. General Provisions › § 6424. Cooperation with United States.

§ 6424. Cooperation with United States.
The Authority shall adopt all necessary regulations, rules, procedures and plans to comply with the objectives of the Resource Conservation and Recovery Act of 1976 [42 U.S.C. § 6901 et seq.] and the Solid Waste Disposal Act of the United States P.L. 89-272 and may make application to the United States for financial assistance to develop and implement the purposes of this chapter.
61 Del. Laws, c. 132, §  20;
2023 Delaware Code › Title 7 - Conservation › Chapter 64. DELAWARE SOLID WASTE AUTHORITY › Subchapter I. General Provisions › § 6425. Conflict of interest.

§ 6425. Conflict of interest.
No director shall be entitled to vote on any matter before the Authority if such director knowingly has a financial interest in the outcome of such matter. In the event a director knowingly has a financial interest such director shall indicate to the chairperson the nature of the interest and the chairperson shall note for the record that the director did not vote by reason of conflict of interest. In situations in which a director or directors do not vote by reason of conflict of interest, the matter pending before the Authority shall be decided on the basis of a majority vote of the remaining directors present who do not have a conflict of interest. A director or directors having a conflict of interest as set forth herein shall be counted for purposes of establishing a quorum provided such director or directors are present at the meeting. The fact that a director or directors have not voted by reason of conflict of interest shall in no way affect the validity of an act or actions taken regarding the matter before the Authority.
61 Del. Laws, c. 132, §  21;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 64. DELAWARE SOLID WASTE AUTHORITY › Subchapter I. General Provisions › § 6426. Indemnification of directors.

§ 6426. Indemnification of directors.
(a) The State shall indemnify a director who is a party or is threatened to be made a party to any suit or proceeding, whether civil, criminal, administrative or investigative, by reason of the fact that he or she is or was a director of the Authority, against expenses, including attorney's fees, judgments, fines and amounts paid in connection with such action, suit or proceeding, if such director acted in good faith and in a manner such director believed to be in the best interests of the Authority, and, with respect to a criminal action or proceeding, had no reasonable cause to believe the conduct was unlawful.
(b) Any indemnification under this section shall be made only as authorized in the specific case upon a determination that indemnification of the director is proper in the circumstances because the director has met the applicable standard of conduct set forth in subsection (a) of this section. Such a determination shall be made by the Attorney General or the Attorney General's designee within 15 days of the date of receipt of a request for such a determination. In the event the Attorney General fails to make the determination within the time frame specified, the requested indemnification hereunder shall be deemed as granted.
(c) Expenses incurred in defending any suit or proceeding referred to herein may be paid in advance of the final disposition of such suit or proceeding upon submission of documentation to the directors regarding the validity of such expenses.
(d) No payment under this section shall be made unless the director seeking such payment shall agree that the State be subrogated, to the extent of such payment, to all rights of recovery of such director, and shall agree to execute all papers required and shall do everything that may be necessary to secure such rights, including the execution of such documents necessary to enable the State effectively to bring suit in the name of the State.
(e) Any eligible director seeking indemnification under this section shall file a written request for determination with the Attorney General setting forth in full the circumstances supporting the claim for indemnification.
(f) The indemnification provided in this section shall apply only to acts and/or omissions occurring subsequent to January 1, 1977. In the event expenses covered by the indemnity set forth in this section are payable under a valid and enforceable commercial insurance policy maintained by and/or for the benefit of the directors, this indemnity shall not apply to expenses subject to recovery pursuant to such insurance coverage.
61 Del. Laws, c. 115, §  1;  67 Del. Laws, c. 136, §  8;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 64. DELAWARE SOLID WASTE AUTHORITY › Subchapter I. General Provisions › § 6428. Deposit of solid waste generated outside State prohibited.

§ 6428. Deposit of solid waste generated outside State prohibited.
Any provision of this chapter to the contrary notwithstanding, solid waste including infectious waste, generated outside the State shall not be delivered to a facility operated by, or on behalf of, or under contract with the Authority. However, recyclable materials generated outside the State may be delivered for recycling to a recycling center or facility operated by, on behalf of, or under contract with the Authority. This section does not limit the Authority's power under this chapter to promulgate regulations further limiting the delivery of solid waste to its facilities based upon the hazardous, explosive, toxic, pathological, infectious or radioactive properties of the waste, or by reason of its other physical properties, chemical composition or quantity which may have an adverse effect on the Authority's facilities.
65 Del. Laws, c. 344, §  2;  67 Del. Laws, c. 136, §  11;  73 Del. Laws, c. 184, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 64. DELAWARE SOLID WASTE AUTHORITY › Subchapter I. General Provisions › § 6429. Material and energy recovery facility for Kent County and Sussex County.

§ 6429. Material and energy recovery facility for Kent County and Sussex County.
(a) The Authority is directed to study, finance, design, develop, implement and operate a material and energy recovery facility at either or both of the sites where it now owns and operates landfills in Kent County and Sussex County or at such other site as it may select in accordance with this chapter to serve Kent County and Sussex County.
(b) The Authority shall file a report with the Governor, the President Pro Tempore of the Senate and the Speaker of the House of Representatives on or before May 1 in each year commencing with 1989 on the status of its efforts to develop a material and energy recovery facility to serve Kent County and Sussex County.
66 Del. Laws, c. 272, §  2;
2023 Delaware Code › Title 7 - Conservation › Chapter 64. DELAWARE SOLID WASTE AUTHORITY › Subchapter I. General Provisions › § 6430. Collection and transportation of infectious waste.

§ 6430. Collection and transportation of infectious waste.
(a) Any person who collects or transports infectious waste from an infectious waste generator shall obtain from the Authority a license specifically for collection or transportation of infectious waste in the State.
(b) The Authority may, after public notice and hearing, adopt rules and regulations governing the licensing of infectious waste collectors and transporters.
(c) The Authority may, after public notice and hearing, adopt rules and regulations for the tracking of infectious waste generated by infectious waste generators, by requiring infectious waste generators and transporters to file with the Authority a copy of any infectious waste tracking form or manifest that may be required under laws or regulations of the State.
67 Del. Laws, c. 136, §  9;
2023 Delaware Code › Title 7 - Conservation › Chapter 64. DELAWARE SOLID WASTE AUTHORITY › Subchapter I. General Provisions › § 6431. Infectious waste disposal.

§ 6431. Infectious waste disposal.
(a) It is hereby determined and declared that it is necessary for the health and welfare of the inhabitants of the State that the facilities and services of the Authority shall be used by all infectious waste generators within the State for the disposal of all infectious waste generated within the State, and the Authority may by regulation require all infectious waste generators, collectors and transporters therein to use the services and facilities of the Authority under such rules and regulations as the Authority shall fix and establish for the disposal of infectious waste; provided, however, that the infectious waste generators with on-site incineration for the disposal of infectious waste as of July 1, 1989, may continue to use such on-site incineration for the disposal of infectious waste generated on-site. The Authority, after public notice and hearing, may adopt rules and regulations requiring such infectious waste generators to report not less often than annually on the quantity and types of infectious waste incinerated on-site. This section shall not be construed, however, to affect or impair any contract entered into prior to July 1, 1989.
(b) The Authority is directed to study, finance, design, develop, implement and operate, or cause the same to occur, an infectious waste incineration facility at the sites where it now owns and operates landfills in New Castle County, Kent County or Sussex County, or where it now owns and operates the Delaware Reclamation Project in New Castle County, or at such other site as it may select in accordance with this chapter. The Authority is hereby authorized to dispose of ash from any such infectious waste incineration facility in the Authority's landfills, subject to regulations promulgated by the Department of Natural Resources and Environmental Control.
67 Del. Laws, c. 136, §  10;
2023 Delaware Code › Title 7 - Conservation › Chapter 64. DELAWARE SOLID WASTE AUTHORITY › Subchapter I. General Provisions › § 6432. Environmental study to be conducted before site selection and construction of any proposed resource recovery facility or any proposed waste incinerator; copies to be filed with the Governor, the President Pro Tempore of the Senate, and the Speaker of the House of Representatives.

§ 6432. Environmental study to be conducted before site selection and construction of any proposed resource recovery facility or any proposed waste incinerator; copies to be filed with the Governor, the President Pro Tempore of the Senate, and the Speaker of the House of Representatives.
Notwithstanding any provision of this title to the contrary, the Authority shall conduct an environmental study, focusing upon the dangers and costs of any proposed resource recovery facility or any proposed waste incinerator, including the potential of same upon air, water, and soil quality, and the Authority shall file copies of any such environmental study with the Governor, the President Pro Tempore of the Senate, and the Speaker of the House of Representatives, before proceeding with site selection and construction of any proposed resource recovery facility or any proposed waste incinerator.
69 Del. Laws, c. 269, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 64. DELAWARE SOLID WASTE AUTHORITY › Subchapter II. Recycling and Waste Reduction › § 6450. Findings; policy; purpose.

§ 6450. Findings; policy; purpose.
The General Assembly hereby makes the following findings and declares the following policies and purposes with respect to the recycling and reduction of solid waste materials. It is determined that the reduction of solid waste disposal and recovery of usable materials from solid waste are matters of extreme importance in minimizing the environmental impact of solid waste disposal through landfilling. It is in the public interest to develop a comprehensive statewide system of recycling and resource recovery which maximizes the quantity of solid waste materials which can be recovered, reused or converted to beneficial use. The statewide system should utilize existing and new resource recovery facilities such as reclamation projects and waste-to-energy projects while establishing and developing a statewide source separation program through use of recycling centers. In addition to maximizing the recovery and reuse of materials from solid waste through use of large scale projects, it is a state goal to provide an opportunity for source separated recycling to every person in the State. In order to accomplish the goals and objectives of statewide recycling and waste reduction, it is determined that the Authority develop a comprehensive program incorporating long range planning, project development, public education and promotion, information gathering, and marketing. It is further determined that the Authority, in developing a statewide comprehensive recycling and waste reduction program, consider measures to remove from the solid waste stream through source separation materials harmful to the environment which cannot be readily or effectively recycled so that such materials can be separately disposed in an authorized manner. These findings, policies and purposes are declared to be in the public interest and these provisions are considered necessary and for the public benefit as a matter of legislative determination, and liberal interpretation in favor of accomplishing the stated goals and objectives shall be provided.
67 Del. Laws, c. 432, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 64. DELAWARE SOLID WASTE AUTHORITY › Subchapter II. Recycling and Waste Reduction › § 6451. Definitions.

§ 6451. Definitions.
The following terms shall have the meanings ascribed to them in this subchapter:
(1) “Organic yard waste” means plant material resulting from lawn maintenance and other horticultural gardening and landscaping activities and includes grass, leaves, prunings, brush, shrubs, garden material, Christmas trees and tree limbs up to 4 inches in diameter.
(2) “Recyclable material” means any material or group of materials that can be collected and sold or used for beneficial purposes or separated from the waste stream and disposed separately in an authorized manner to reduce environmental impacts.
(3) “Recycling” means the process by which solid waste and other discarded materials are transformed into usable materials or disposed separately in an authorized manner to reduce adverse environmental impacts.
(4) “Recycling center” means any solid waste management facility designed and operated by or on behalf of the Authority for the purpose of receiving recyclable materials. The construction and operation of recycling centers shall not require any municipal or state agency approval and no permit or license fee or any other form of assessment shall be made with respect to the construction and operation of recycling centers.
(5) “Source separation” or “source separated” means the process by which recyclable materials are segregated and kept apart from the waste stream by the generator thereof for the purpose of collection, disposition, recycling or resources recovery.
(6) “Waste reduction” means the efforts exercised by generators of useless discarded materials to avoid or minimize usage of such materials.
67 Del. Laws, c. 432, §  1;  77 Del. Laws, c. 275, §  2;
2023 Delaware Code › Title 7 - Conservation › Chapter 64. DELAWARE SOLID WASTE AUTHORITY › Subchapter II. Recycling and Waste Reduction › § 6452. Statewide recycling and waste reduction plan.

§ 6452. Statewide recycling and waste reduction plan.
The Authority shall, pursuant to the provisions of § 6403(j) of this title, incorporate into the statewide solid waste management plan, to the extent deemed necessary, provisions for:
(1) The long term planning of a coordinated program of source separation of recyclable materials and utilization of large scale resources recovery projects;
(2) The establishment of recycling centers to receive and handle source separated recyclable materials;
(3) The development of a marketing program for the state, national or international sale of recovered materials;
(4) The development of an informational program and establishment of specifications and requirements for delivery of source separated recyclable materials to recycling centers to assure marketability of recovered materials;
(5) The development of a program for cooperation with the private sector to further the purposes and objectives of source separated recycling and waste reduction;
(6) The development of a program of coordination and cooperation with public interest groups and municipalities to further statewide recycling and waste reduction;
(7) The development of a program of public education and promotion for statewide recycling and waste reduction;
(8) The development of a program to source separate materials from the solid waste stream which are harmful to the environment including but not limited to used oil and filters, batteries, household hazardous wastes, electronic wastes, etc., as long as economically sustainable in the judgment of the Authority for purposes of separate authorized disposal;
(9) The development of a system of registration and information gathering regarding the nature and extent of recycling and waste reduction undertaken throughout the State;
(10) The development of incentive programs to encourage local and statewide recycling and waste reduction;
(11) The implementation of a source-separated recycling system that balances the need for drop-off recycling centers with public and private sector implementation and expansion of curbside recycling programs except where a municipal government implements curbside recycling within its jurisdiction, the Authority may, after consultation with the local municipality, remove the drop off sites located within the same jurisdiction with the goal of maintaining at least one existing drop-off recycling center in each municipality until January 1, 2014; and
(12) Providing at no cost to those persons required to provide curbside recycling services pursuant to § 6053 of this title the Authority's unneeded wheeled recycling carts on the basis determined by the Authority for the purpose of minimizing the costs associated with the implementation of universal recycling when the Authority ceases providing curbside recycling services in accordance with § 6053(1) of this title.
67 Del. Laws, c. 432, §  1;  77 Del. Laws, c. 275, §  3;
2023 Delaware Code › Title 7 - Conservation › Chapter 64. DELAWARE SOLID WASTE AUTHORITY › Subchapter II. Recycling and Waste Reduction › § 6453. Recyclable materials.

§ 6453. Recyclable materials.
(a) The Authority shall consider, as part of its source separated recycling and waste reduction program, recovery and use of the following materials:
(1) Newsprint.
(2) Computer paper.
(3) White paper.
(4) Corrugated and other cardboard.
(5) Plastics.
(6) Ferrous metals.
(7) Nonferrous metals.
(8) White goods.
(9) Organic yard waste.
(10) Used motor oil.
(11) Asphalt.
(12) Batteries.
(13) Household paint, solvent, pesticide and insecticide containers.
(b) The Authority may adopt regulations describing recyclable materials and adding other materials to the list of recyclable materials.
67 Del. Laws, c. 432, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 64. DELAWARE SOLID WASTE AUTHORITY › Subchapter II. Recycling and Waste Reduction › § 6454. Recycling centers.

§ 6454. Recycling centers.
Implementation of efficient and cost-effective recycling programs will require that Delaware have access to facilities capable of processing source separated recyclables. Where the private sector has developed extensive recyclables processing capability and where unique programs that provide incentives to the general public to recycle that are not available to Delaware residents, the Department and the Authority shall encourage and work with the private sector to establish private facilities for recyclables and recycling incentive programs in Delaware. The Authority shall accept recyclables from municipalities and nonmunicipal persons at no cost under such contractual terms and conditions as mutually agreed. Additional materials may be accepted at the source separated recycling center subject to the approval of the Authority. The Authority shall receive recyclable materials for transfer to the processing facility at locations designated by the Authority. It shall be the responsibility of the Authority to ensure that processing and/or transfer facilities for managing source separated collected recyclables are in operation in each County. It shall also be the responsibility of the Authority to transport or arrange for the transport of source separated recyclables from the Authority's transfer stations or landfills to a processing facility.
67 Del. Laws, c. 432, §  1;  77 Del. Laws, c. 275, §  4;
2023 Delaware Code › Title 7 - Conservation › Chapter 64. DELAWARE SOLID WASTE AUTHORITY › Subchapter II. Recycling and Waste Reduction › § 6455. Public education and promotion of recycling, composting and other waste reduction programs.

§ 6455. Public education and promotion of recycling, composting and other waste reduction programs.
The Authority, in cooperation and consultation with the Department, shall initiate and conduct public outreach and education programs on the cessation of its curbside recycling program and modification to its drop off and organic yard waste programs, as well as continuing education on the purposes and value of source separated recycling and resource recovery. The intent of these educational programs shall be to maximize the diversion and recovery of recyclable materials and organic yard waste, whether it was generated by the commercial or residential sector. Such program may be conducted in conjunction with similar efforts of private industry, municipalities, public interest groups, the Department and the Recycling Public Advisory Council. The program may include the use of public advertising.
67 Del. Laws, c. 432, §  1;  77 Del. Laws, c. 275, §  5;
2023 Delaware Code › Title 7 - Conservation › Chapter 64. DELAWARE SOLID WASTE AUTHORITY › Subchapter II. Recycling and Waste Reduction › § 6456. Registration of recycling and resource recovery facilities.

§ 6456. Registration of recycling and resource recovery facilities.
Any person engaged in recycling or resources recovery of source separated solid waste generated in the State shall file with the Authority an annual registration statement containing such information as specified in regulations adopted by the Authority. No fee shall be charged as part of the requirement for filing a registration statement.
67 Del. Laws, c. 432, §  1;