1 Del. Admin. Code § 501-8.0

Current through Register Vol. 28, No. 5, November 1, 2024

Section 501-8.0 - Recycling

8.1 Any person who owns or operates a program or facility within the State of Delaware for the purpose of recycling or resources recovery of materials in excess of 5 tons annually shall file with DSWA an annual registration statement in the form which appears as Attachment C to these regulations. Such statement shall be filed no later than February 1 of each year.

8.2 At a Recycling Center, no person shall:

8.2.1 dispose of solid waste or litter other than source separated recyclable materials or, to the extent appropriate, construction and demolition waste;

8.2.2 leave materials outside of containers specifically designated for such materials;

8.2.3 deposit into a container any material other than the specific source separated recyclable material for which the recycling container is marked to receive;

8.2.4 damage, deface, or abuse a container;

8.2.5 block or obstruct vehicles;

8.2.6 loiter; or

8.2.7 scavenge any recyclable materials.

8.3 The collection and transportation of recyclable materials shall be subject to the requirements of subsections 8.3.1 through 8.3.3 below:

8.3.1 Recyclable materials shall be source separated, segregated and stored apart from solid waste at the place of generation, including any materials to be collected under curbside recycling programs;

8.3.2 Any Recyclable Materials that are not delivered to a DSWA facility and that are in the possession of a Municipality (or any person under contract with such Municipality) or that are in the possession of a person required by contract with the DSWA to deliver solid waste to DSWA facilities, shall be delivered for processing only to a recycling facility that certifies as to its operations that:

(i) the rate of recovery from recyclable materials is at least eighty percent (80%) by weight unless the waste is construction and demolition waste, in which case the rate of recovery is at least fifty percent (50%) by weight; and

(ii) materials recovered (i.e., not residue) must be recovered for reuse and not for disposal as solid waste. The foregoing certification shall be provided in the form attached hereto as Attachment D;

8.3.3 The facility at which such recyclable materials are being handled or processed shall operate in full compliance with applicable federal, state and local laws, regulations, ordinances, permits, conditions or other requirements; and

8.3.4 All Licensees that have transported Recyclable Materials during the course of any calendar year shall report on a form substantially similar to Attachment F, no later than March 1 of the following year, the tonnage of recyclables delivered to each non-DSWA facility during such year and the average rate of recovery from Recyclables at each such facility for such year. The annual report shall contain a certification from the Licensee that to the best of the Licensee's knowledge, the materials recovered from Recyclables delivered to such facility were sold or delivered into the market for recovered materials and were not landfilled.

8.4 Waste residue resulting from recycling, resources recovery or beneficial use of Delaware solid waste and dry waste (including construction and demolition waste) which is generated from such activities conducted within the State of Delaware shall not be considered recyclable materials for purposes of this Regulation and the Delaware Code.

8.5 Solid waste and dry waste collected for purposes of incineration, waste to energy, or conversion to any type or form of waste derived fuel, in whole or in part shall not be treated as recyclable materials for purposes of this Regulation and the Delaware Code.

1 Del. Admin. Code § 501-8.0

5 DE Reg. 100 (07/01/01)
17 DE Reg. 313 (09/01/13)
19 DE Reg. 613 (1/1/2016) (Final)