CHAPTER 248

FORMERLY

SENATE BILL NO. 358

AN ACT TO AMEND CHAPTER 60, TITLE 7, DELAWARE CODE, RELATING TO REGULATION OF SOLID WASTE.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend §6002 of Chapter 60, Title 7, Delaware Code, by adding new subsections (34) and (35) to read as follows:

"(34) The term 'open dump' means any facility or site where solid waste is disposed of which is not a sanitary landfill which meets the criteria promulgated under 7 Delaware Code, §6010(g)(1) and which is not a facility for disposal for hazardous waste.

(35) The term 'sanitary landfill' means a facility for the disposal of solid waste which meets the criteria under 7 Delaware Code, §6010(g)(1)."

Section 2. Amend §6010 of Chapter 60, Title 7, Delaware Code, by striking the section heading in its entirety and substituting in lieu thereof a new heading to read as follows:

"§6010. Rules and Regulations; Plans; Open Dump inventory t Prohibition of Open Dumps and Open Dumping; Closure and Upgrading; Removal from Inventory".

Section 3. Amend §6010 of Chapter 60, Title 7, Delaware Code, by adding thereto a new paragraph (e) to read as follows:

"(e) The Secretary shall formulate, amend, develop and implement, after public hearing, a State solid waste plan in accordance with the requirements of Subtitle D of the Resource Conservation and Recovery Act of 1976 (P.L. 94-580) as amended, and any regulations thereunder, hereafter referred to as RCRA; provided, however, that such plan shall be formulated in coordination with the Delaware Solid Waste Authority and shall include provisions of the statewide solid waste management plan adopted by the Delaware Solid Waste Authority pursuant to 7 Delaware Code, §6403(j) which reflect the applicable functions and activities of the Delaware Solid Waste Authority under 7 Delaware Code, Chapter 64.'

Section 4. Amend §6010 of Chapter 60, Title 7, Delaware Code, by adding a new subsection (g) to read as follows:

"(g)(1) The Secretary, after notice and public hearing, shall promulgate regulations containing criteria for determining which facilities shall be classified as sanitary lanfills and which shall be classified as open dumps within the meaning of this Chapter. At a minimum such criteria shall provide that a facility may be classified as a sanitary landfill and not an open dump only if there is no reasonable probability of adverse effects on health or the environment from disposal of solid waste at such facility. Such regulations may provide for the classification of the types of sanitary landfills.

(2) On the date as determined under (g)(3) below, the open dumping of solid waste or hazardous waste and the establishment of new open dumps is prohibited and all solid waste (including solid waste originating in other states but not including hazardous waste) shall be utilized for resource recovery or disposed of in sanitary landfills (within the meaning of this chapter) or otherwise disposed of in an environmentally sound manner, except in the case of any practice or disposal of solid waste under a timetable or schedule for compliance established under (g)(5) below.

(3) Except as provided in (g)(4) and (5) below, the prohibition contained in (g)(2) above shall take effect on the date of promulgation of regulations containing criteria under (g)(1) or un the date of approval of the State Solid Waste Plan under §4007 of RCRA, whichever is later.

(4) To assist in the formulation of the State Solid Waste Plan, the Secretary, utilizing the criteria adopted pursuant to (g)(1) above, shall develop and publish an inventory of all disposal facilities or sites in Delaware which are open dumps within the meaning of this Chapter. With respect to any active disposal facilities or sites the Secretary shall coordinate the development of the inventory with the Delaware Solid Waste Authority. Prior to publication of the inventory the Secretary shall provide written notice of the proposed open dump designation to the owner and operator of the disposal facility or site which notice shall contain a detailed statement of deficiencies under the criteria adopted pursuant to (g)(1) above. Upon receipt of notification the owner or operator shall, within thirty (30) days, be entitled to request a public hearing before the Secretary pursuant to §6008 of this Chapter to challenge the designation; otherwise, the designation shall become a final decision of the Secretary. Within sixty (60) days of publication of the open dump inventory the owner or operator of a disposal facility or site may apply to the Secretary for a timetable or schedule for compliance or closure under (g)(5) below. During the pendency of any such application and price to final action and disposition thereon the prohibition set forth in (g)(3) above shall not apply with respect to that site. Upon application by the owner or operator, a site or facility may be removed from the Open Dump Inventory after a determination by the Secretary that the basis upon which the site was designated as an open dump no longer exists. Any such application to remove a site or facility from the inventory shall be advertised in accordance with 7 Delaware code, §6004(b).

(5) All existing disposal facilities cc sites for solid waste which are open dumps listed in the inventory under §6010(g)(4) shall comply with such measures as may be required by the Secretary, consistent with the requirements of RCRA, for closure or upgrading. The Secretary shall establish a timetable or schedule for compliance for such practice or disposal of solid waste which specifies a schedule of remedial measures, including an enforceable sequence of actions or operations, leading to compliance with the prohibition on open dumping of solid waste within a reasonable time (not to exceed 5 years from the date of publication of criteria under §6010(g)(1)."

Approved May 28, 1982.