CHAPTER 288

FORMERLY

SENATE BILL NO. 410

AN ACT ESTABLISHING A DELAWARE SOLID WASTE AUTHORITY TO PROVIDE STATEWIDE SOLID WASTE MANAGEMENT SERVICES AND WHICH TRANSFERS FROM THE DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL TO THE AUTHORITY THE POWER TO LICENSE THE HAULING, CONVEYANCE, AND TRANSPORTATION OF SOLID WASTE AND TO PROVIDE AN APPROPRIATION THERETO.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Title 7, Delaware Code, is hereby amended by adding thereto a new chapter to read as follows:

"CHAPTER 64. DELAWARE SOLID WASTE AUTHORITY

§6401. Findings, policy and purpose.

(a) Findings. The General Assembly finds and declares that the people of the State of Delaware have the right to a clean and wholesome environment; that prevailing solid waste disposal practices generally, throughout the state, result in unnecessary environmental damage, substantially degrade surface and groundwater, waste valuable land and other resources, and constitute a continuing hazard to the health and welfare of the people of the state; the local governments responsible for waste disposal services are becoming hard pressed to provide adequate services at reasonable costs, without damage or hazard to the environment and the loss of useful resources; that as a result of inadequate solid waste collection and disposal systems rural areas of the State are particularly subjected to esthetic degradation because of litter; that locally organized voluntary recycling programs have shown that solid wastes produced in the State of Delaware contain recoverable resources; that technology and methods now exist to dispose of solid wastes and recover resources with commensurate environmental benefits; that coordinated large scale processing of solid wastes may be necessary in order to achieve maximum environmental and economic benefits for the people of the State; that the amounts of solid waste being produced within the State of Delaware are adequate to sustain such large-scale processing; that the geography and population density of the state are such as to enable and facilitate the effective and economic regional accumulation of solid wastes; that the development of systems and facilities and the use of the technology necessary to initiate large-scale processing of solid wastes have become logical and necessary functions to be assumed by state government; that the provision of solid waste disposal services to local governments at reasonable cost. through the use of state governmental powers and capabilities, would supply valuable assistance to such local governments; and, that, because of the foregoing, the provision of statutory authorization for the necessary state structure, which can take initiative and appropriate action to provide the necessary systems, facilities, technology and services for solid waste management and resources recovery is a matter of important public interest and that it is the purpose and intent of the general assembly to be and remain cognizant not only of its responsibility to authorize and establish accomplishment of solid waste management and resources recovery, but also of its responsibility to monitor and supervise the activities and operations of the state authority created by this Act, and the exercise of the powers conferred upon such authority by virtue of this Act.

(b) Policy. The general assembly declares the following to be the policies of the State of Delaware:

to protect, preserve and enhance the environment of the state shall be considered environmental goals of the state;

(2) that solid waste disposal and resources recovery facilities and projects are to be implemented either by the state of Delaware or under state auspices, in furtherance of these goals;

(0) that appropriate governmental structure, processes and support are to be provided so that effective state systems and facilities for solid waste management and large-scale resources recovery may be developed, financed, planned, designed, constructed and operated for the benefit of the people, municipalities and counties of the State;

(1) that private industry is to be utilized to the maximum extent feasible to perform planning, design, management, collection, construction, operation, manufacuring and marketing functions related to solid waste disposal and resources recovery and to assist in the development of industrial enterprises based upon resources recovery, recycling and reuse;

(2) that long-term negotiated contracts between the state and persons and business entities may be utilized as an incentive for the development of industrial and commercial enterprise based on resources recovery within the state;

(3) that solid waste collection and disposal services shall be provided for municipal and regional authorities and persons in the state, at reasonable cost, by state systems and facilities where such services are considered necessary and desirable in accordance with the statewide solid waste management plan and that any revenues received from the payment of the costs of such services otherwise from the operation of state systems and facilities shall be redistributed to the users of such services provided that the authority has determined that all contractual obligations related to such systems and facilities have been met and that such revenues

are surplus and not needed to provide necessary support for such systems and facilities;

(7) that provision shall be made for planning, research and development, and appropriate innovation in the design, management and operation of the state' s systems a'nd facilities for solid waste management, in order to permit continuing improvement and provide adequate incentives and processes for lowering operation and other costs;

(8) that the Authority established pursuant to this Act shall have responsibility for implementing solid waste disposal and resources recovery systems and facilities and solid waste management services where necessary and desirable throughout the state in accordance with a state solid waste management plan and applicable statutes and regulations;

(9) that actions and activities performed or carried out by the authority or its contractors in accordance with the provisions of this Act shall be in conformity with the state solid waste management plan.

(10) that these policies and purposes are hereby declared to be in the public interest and the provisions of this Act to be necessary and for the public benefit, as a matter of legislative determination.

(c) Purpose. The General Assembly declares the following to be the purpose of this Chapter:

(1) That a statewide comprehensive program for management, storage, collection, transportation, utilization, processing and disposal of solid waste be established.

(2) That a program for the maximum recovery and reuse of materials and energy resources derived from solid wastes be established.

(3) That a program for protecting the land, air, surface, and groundwater resources of the State from depletion and degradation caused by improper disposal of solid waste be established.

(4) That a program in cooperation with the U.S. Environmental Protection Agency, or other federal and state agencies, for the demonstration of systems and techniques of materials recovery, market development, and reuse be established.

(5) That a statewide solid waste management plan be developed and implemented by the Authority.

§6402. Definitions. The following terms shall have the meanings ascribed to them in this Chapter:

(a) "Authority" means the Delaware Solid Waste Authority.

(b) "Department" means the Department of Natural Resources and Environmental Control.

(c) "Facility" means any solid waste disposal site, system or process and the operation thereof, including but not limited to personnel, equipment and buildings.

(d) "Groundwater" means any water naturally found under the surface of the earth.

() "Person" means any individual, partnership, corporation, association, institution, corporative enterprise, municipality, commission, political subdivision or other duly established legal entity.

() "Resources Recovery" means the recovery of energy and materials from solid wastes in a saleable form which will allow their reuse in specific market applications.

(g) "Resources Recovery Systems" means systems specifically designed for recycling solid wastes into energy and materials.

() "Revenues" means all revenues to the authority including but not limited to those generated through user charges and the sale of recycling products through resources recovery systems and facilities.

(a) "Solid Waste" means any garbage, refuse, rubbish, special solid waste, other wastes or any combination thereof with insufficient liquid content to be free flowing.

(b) "Solid Waste Management Services" means services including but not limited to the collection, transportation, storage, transfer, processing, recycling or disposal of solid wastes.

(c) "Surface Water" means water occuring generally on the surface of the earth.

(1) "Users" means any person who delivers and/or deposits solid waste at a facility for subsequent processing, disposal or recycling.

(m) "Volume Reduction" means a system or process for physically or chemically reducing the volume of solid wastes.

§6403. Authority and Directors.

(a) There is hereby established and created a statewide solid waste authority to be known as the Delaware Solid Waste Authority.

(b) The Authority shall consist of seven (7) directors, all of whom shall be residents of and qualified to vote in the State of Delaware. The Governor shall appoint the directors with the advice and consent of the Senate. The Governor shall designate a director as Chairman, and such director shall serve at the pleasure of the Governor. There shall be at least one director from each of three counties and the City of Wilmington. Authority directors registered in either major political party shall not exceed the other major political party be more than one. The terms of the original directors, excluding the Chairman, shall be as follows: two (2) directors shall serve for one (1) year; two (2) directors shall serve for two (2) years; and two (2) directors shall serve for three (3) years. Upon the expiration of the terms of the original directors, excluding the Chairman, the term of each director appointed thereafter shall be three (3) years.

(c) For purposes of conducting business of the Authority five directors shall consitute a quorum. A majority vote shall be required on any action or matter before the Authority. The business of the Authority shall be conducted in meetings open to the public, and such meetings shall be timely noticed through statewide newspaper advertisement.

(d) Each director shall be entitled to reimbursement for actual and necessary expenses incurred during the performance of official duties.

(e) The Authority may delegate to one or more of its directors, the manager, or its agents, such powers and duties as it may deem necessary and proper in conformity with the provisions of this Chapter.

(f) The Chairman shall, with the approval of the directors, select a Manager of the Authority who shall be an employee of the Authority.

(g) The Authority shall continue until its existence shall be terminated by law.

() The Authority may adopt procedural rules to implement the provisions of this section.

(i) The Authority may, after notice and public hearing, adopt rules and regulations governing the use and/or operation of facilities under its jurisdiction and control.

(j) The Authority shall, after notice and public hearing, adopt a state wide solid waste management plan, and amend such plan as necessary.

(k) The Authority may, after notice and public hearing, adopt fee schedules, user charges, and/or other charges for the use and/or operation of facilities under its jurdisdiction and control.

(I) The Authority may, after notice and public hearing, adopt rules and regulations to effectuate the powers, policies, purposes, and functions set forth in this Chapter.

0404. Functions of the Authority.

The functions of the Authority shall include, but not be limited to the following:

(a) 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 provisions of 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;

() 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;

(c) 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;

() Assistance with the coordination of efforts directed toward source separation for recycling purposes; and,

(a) Assistance in the development of industries and commercial enterprises within the State of Delaware 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 Act that the authority shall be granted all powers necessary to fulfill these purposes and to carry out its assigned responsibilities and that the provisions of the Act, itself; are to be construed liberally in furtherance of this intention.

(b) 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.

§6405. Manager and Staff.

(a) The Manager of the Authority shall be a resident of the State of Delaware, a registered Professional Engineer in the State of Delaware, 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 ten (10) years engineering experience including at least three (3) years experience in the field of solid waste management.

(b) The Manager shall be a member and chief executive of the state of the Authority.

(c) The Manager shall be paid a salary equivalent to pay grade 30 in the State merit system.

(d) All members of the staff shall be employees of the Authority and be covered by the State merit system as classified employees.

(e) 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.

§6406. Powers of the Authority.

(a) The Authority shall have the power to:

(1) approve and adopt an organizational structure to implement the provisions of this Chapter.

(2) employ a staff to carry out the functions of the Authority.

(3) establish offices where necessary in the State of Delaware.

(4) retain by contract legal counsel, auditors, engineers, private cousultants, advisors, or other contractual services required by the Authority.

(5) sue and be sued.

(6) have a seal and alter it at pleasure.

(7) conduct such hearings, examinations, and investigations as may be necessary and appropriate to the conduct of its operations and the fulfillment of its responsibilities.

(8) to procure and keep in force adequate insurance or otherwise provide for the adequate protection of its property, as well as to indemnify and save harmless it and its officers, agents or employees against loss or liability with respect to any risk which it or they may be exposed in carrying out any function of the Authority.

(9) to design, construct, own and operate facilities.

(0) obtain access to public records and apply for the process of subpoena if necessary to produce books, papers, records and other data.

(1) charge reasonable fees for services it performs and waive, suspend, reduce or otherwise modify such fees when it is deemed appropriate to do so.

(2) purchase, manage, lease, or rent such real and personal property as it may deem necessary, convenient or desirable.

(3) otherwise, do all things necessary for the performance of its duties, the fulfillment of its obligations, the conduct of its operations, and the conduct of a comprehensive program for solid waste disposal and resources recovery, and for solid waste management services, in accordance with the provisions of the state solid waste management plan, applicable statutes and regulations and the requirements of this Act.

(14) assume through contract or otherwise, any existing contract, grant, or property right, or interest held by any person, partnership, corporation, municipality, county, state agency, federal agency, or other legal entity, pertaining to solid waste storage, collection, transportation, treatment, processing, disposal, recycling, reuse, or any other use.

(0) determine the location and character of any project to be developed under the provisions of this Act, subject to the requirements of the statewide solid waste management plan.

(1) purchase, receive by gift or otherwise, lease, exchange, or otherwise acquire and construct, reconstruct, improve, maintain, equip and furnish such waste management projects as are called for by the state solid waste management plan.

(2) sell or lease to any person, all or any portion of a waste management project, for such consideration and upon such terms as the authority may determine to be reasonable.

(3) mortgage or otherwise encumber all or any portion of a project whenever, in the opinion of the Authority, such action is deemed to be in furtherance of the purposes of this Act.

(4) grant options to purchase, or to renew a lease for, any authority waste management project or such terms as the Authority may determine to be reasonable.

(5) acquire, by purchase, gift, transfer, or by condemnation for public purposes, and manage and operate, hold and dispose of real property and, subject to agreements with lessors or lessees, develop or alter such property by making improvements and betterments with the purpose of enhancing the value and the usefulness of such property.

(6) make plans, surveys, studies and investigations necessary or desirable, in conformity with the state plan and

with due consideration for local or regional plans, to carry out authority functions with respect to the acquisition, use and development of real property and the design and construction of systems and facilities.

-(22) make short and long range plans, consistent with the provisions of the state solid waste management plan, for the storage, collection, transportation or processing and disposal of solid wastes and recovered resources by the Authority-owned facilities.

(23) design or provide for the design of solid waste management facilities including design for the alteration, reconstruction, improvement, enlargement or extension or existing facilities.

(0) construct, erect, build, acquire, alter, reconstruct, improve, enlarge or extend waste management projects including provision for the inspection and supervision thereof and the engineering, architectural, legal, fiscal and economic investigations and studies, surveys, designs, plans, working drawings, specifications, procedures and any other actions incidental thereto.

(1) own, operate and maintain solid waste management projects and make provision for their management and for the manufacturing, processing and transportation operations necessary to derive recovered resources from solid waste, and contracting for the sale of such.

(2) enter upon lands and waters, as may be necessary, to make surveys, soundings, borings and examinations in order to accomplish the purposes of this Act.

(3) contract with municipal, county, and regional authorities, state agencies and persons to provide waste management services in accordance with the provisions of this Act and to plan, design, construct, manage, operate and maintain solid waste disposal and processing facilities on their behalf.

(28) design and construct improvements or alterations on properties which it owns or which it operates by contract on behalf of municipal or regional authorities.

(0) contract for services in the performance of architectural and engineering design, the supervision of design and construction, system management and facility management, for such professional or technical services as are required, and for such other professional or technical services as may require either prequalification of a contractor or the submission by any person, firm or consortium or association of persons or firms of a proposal in response to an official request for proposal or similar written communication of the Authority, whenever such services are, in the discretion of the Authority, deemed necessary, desirable or convenient in carrying out the purposes of the Authority.

(1) contract for the construction of solid waste facilities with individuals or firms, or consortiums of such individuals or firms, pursuant to applicable provisions of this Act, the requirements of applicable regulations and the State Plan and in accordance with such specifications, terms and conditions as the Authority may deem necessary or advisable.

b. Any contract for construction valued at over twenty-five thousand dollars shall be let by the Authority pursuant to the process of open or competitive bidding, provided, the Authority shall have power to determine the format, contents and scope of any contract for a solid waste management project, the conditions under which bidding shall take place and the schedule and stipulations for a contract award. The Authority shall also have power to select the contractor deemed to have submitted the most responsive bid, price and other factors considered, when, in the judgment of the Authority, such award is in the best interests of the State. The Authority may in its discretion negotiate and enter into a contract or contracts with a single source when it is desirable to do so.

§6407. Funds and Transfers of Interests.

(a) The Authority shall have the power to:

(1) Accept gifts, grants or loans of funds, property or service from any source, public or private, and comply, subject to the provisions of this act, with the terms and conditions thereof;

(2) Receive funds from the sale of the bonds or other obligations of municipal and regional authorities and from the sale of obligations of the Authority and its real and personal properties;

(0) Receive funds or revenues from the sale of products, materials, fuels and energy in any form derived from the processing of solid waste by systems, facilities and equipment under its jurisdiction, and receive revenues in the form of rents, user fees, user charges, licensing fees, and other charges paid by units or agencies of State and local government, and by persons and organizations, to compensate the Authority for the use of its facilities or the performance of its services;

(1) Apply for and accept from a federal agency loans or grants for use in carrying out its purposes and enter into agreements with such agency respecting any such loans or grants;

(2) Make loans to any municipal or regional authority or to any person for the planning, design, acquisition, construction, reconstruction, improvement, equipping and furnishing of solid waste management project, which loans shall be secured by loan agreements, contracts or any other instruments or agreements with respect to the use of fees and charges, upon such terms and conditions as the Authority shall determine reasonable in connection with such loans, including provisions for the establishments and maintenance of reserve funds, and in the exercise powers granted in this

section in connection with the project for any such municipal or regional authority or person, to require the inclusion in any contract, loan agreement or other instrument, of such provisions for the construction, use, operation and maintenance and payment of operating and other costs of a project as the Authority may deem necessary or desirable, and in connection with the making of such loans, the Authority may purchase, acquire and take assignments and the notes and bonds of municipal or regional authorities and persons and receive other forms of security and evidences of indebtedness, and in furtherance of the purposes of this Act and to assure the payment of the principal and interest of such loans, and in order to assure the payment of the principal and interest of such loans, and in order to assure the payment of the principal and interest on bonds or notes of the Authority issued to provide funding such loans, may attach, seize, purchase, acquire, accept or take title to any project by conveyance, and may sell, lease or rent any such project for a use specified in this Act.

(b) The directors of the Authority may by resolution, in accordance with the provisions and stipulations of this Act and the authority's general and other bond resolutions, authorize both segregation of such authority revenues as may at any time be adjudged by said directors to be surplus to the needs of the Authority to meet is contractural and other obligations and to provide for its operations or other business purposes, and the equitable redistribution of such segregated surplus revenues to some or all of the users of the system in accordance with applicable provisions of the state solid waste management plan.

(c) All state funds previously appropriated to and for the use of the Department regarding the Delaware Reclamation Project are transferred to the Authority for the same purposes.

(d) All federal grant monies previously received by and for the use of the Department regarding the Delaware Reclamation Project are transferred to the Authcirity for the

same purposes.

(e) All contractural rights and obligations heretofore vested in or applying to the Department relating directly to the Delaware Reclamation Project are transferred to and assumed by the Authority.

(f) There is hereby appropriated the sum of Two Hundred Thousand Dollars ($200,00.00) to be used to implement the provisions of this Chapter during Fiscal Year 1976. At the beginning of each subsequent fiscal year a sum necessary to maintain a balance of Two Hundred Thousand Dollars ($200,000.00) in the Authority's operating budget shall be automatically appropriated and paid from the General Fund.

§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 shallcontain 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.

§6409. Covenant with Bond Holders.

The State covenants and agrees with the holders of any bonds or other securities or obligations of the Authority, assumed, issued, or incurred by it and as security for which there may 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 or other 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 so long as any or such bonds or other obligations remain outstanding and unpaid, 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 upon such obligations.

§6410. Securities Investments.

The bonds or other securities or obligations which may be issued by the Authority pursuant to this Chapter, or any amendments hereof or supplements hereto, are hereby declared to be negotiable instruments, and are hereby made securities. 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 or bonds or other obligations is now or may hereafter be authorized.

§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 of Delaware, 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 the provisions of 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.

0412. 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 thrity (30) days from the date of the promulgation of the rule or regulation or other action of the Authority.

0413. No Pledge or Credit.

The Authority shall have no power to pledge the credit or to create any debt or liability of the State of Delaware, or of any other agency or of any political subdivision.

0414. 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 the provisions of this Chapter and of any amendment hereof or supplement hereto.

§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 monies 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.

0416. Reports and Audits.

(a) The Authority shall make annual reports to the Governor, and the Legislature of the State of Delaware, setting forth in detail its operations and transactions, and may make such additional reports from time to time to the Governor and Legislature 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 Legislature of the State.

Section 2. Title 7, Delaware Code, Section 6010 is

hereby amended by the repeal of subsection (e).

Section 3. Title 7, Delaware Code, Section 6023 is

hereby amended by: (a) deleting the words "solid or" from the title of the section; and (b) deleting the words "solid or" from subsection (d) of said section.

Section 4. Title 7, Delaware Code, Section 6025 is

hereby amended by adding the following sentence to subsection )a):

"The provisions of Chapter 64 of this Title shall not be interpreted to be in conflict with either the purposes of this Chapter concerning solid waste as set forth in §6001(c)(6), or any regulation promulgated thereunder."

Section 5. Title 7, Delaware Code, Section 6026(a)

is hereby amended by deleting the words "solid or" as they appear in said subsection.

Section 6. This act shall become effective on the

date the initial Directors of the Authority have been appointed and confirmed.

Approved August 7, 1975