CHAPTER 432

FORMERLY

SENATE BILL NO. 424

AS AMENDED BY SENATE AMENDMENTS NO. 1 AND 2

AN ACT TO AMEND CHAPTER 63 & 64, TITLE 7 OF THE DELAWARE CODE TO ESTABLISH A COMPREHENSIVE STATEWIDE PROGRAM FOR RECYCLING AND WASTE REDUCTION.

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

Section 1. Amend Chapter 64 of Title 7 of the Delaware Code designating the existing sections 6401-6449 as subchapter 1 and by adding thereto a new subchapter II to read as follows:

"Subchapter II. Recycling and Waste Reduction

§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 has 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, re-used, 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 re-use 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.

§6451. Definitions.

The following terms shall have the meanings ascribed to them in this chapter:

(1) "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.

(2) "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.

(3) "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.

(4) "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.

(5) "Waste reduction" means the efforts exercised by generators of useless discarded materials to avoid or minimize usage of such materials.

§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:

(a) the long term planning of a coordinated program of source separation of recyclable materials and utilization of large scale resources recovery projects;

(b) the establishment of recycling centers to receive and handle source separated recyclable materials;

(c) the development of a marketing program for the State, national or international sale of recovered materials;

(d) 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;

(e) the development of a program for cooperation with the private sector to further the purposes and objectives of source separated recycling and waste reduction;

(f) the development of a program of coordination and cooperation with public interest groups and municipalities to further Statewide recycling and waste reduction;

(g) the development of a program of public education and promotion for Statewide recycling and waste reduction;

(h) the development of a program to source separate materials from the solid waste stream which are harmful to the environment for purposes of separate authorized disposal;

(i) the development of a system of registration and information gathering regarding the nature and extent of recycling and waste reduction undertaken throughout the State; and

(j) the development of incentive programs to encourage local and Statewide recycling and waste reduction.

§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. Non-ferrous 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.

§6454. Recycling Centers. After incorporation of recycling and waste reduction measures into the statewide solid waste management plan, the Authority shall establish recycling centers in each County. The recycling centers shall be the depositories for the source separated recyclable materials designated by the Authority. The Authority shall provide for the collection of source separated recyclable materials from the recycling centers and, to the extent possible, direct such separated materials to markets for use. Any profit after expenses resulting from the operation of the recycling centers shall be used to create economic incentives for the delivery of source separated recyclable materials to the recycling centers, and any deficit resulting from operation shall be applied uniformly to the user fees charged by the Authority for solid waste disposal.

§6455. Public Education and Promotion of Recycling and Waste Reduction Programs. The Authority shall initiate and conduct a public education program to disseminate information on the purposes and value of source separated recycling and resources recovery. Such program may be conducted in conjunction with similar efforts of private industry, municipalities and public interest groups. The program may include the use of public advertising.

§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.

§6457. Funding. Except as specifically provided otherwise for the operation of recycling centers under §6454 of this title, the costs of implementing programs related to recycling and waste reduction may be funded to the fullest extent authorized for other Authority activities under the provisions of this chapter.

§6458. Marketing of Recyclable Materials. The Authority shall be entitled to obtain, develop, create and promote State, national and international markets for usable materials recovered from recycling and resources recovery activities. The Authority shall seek to obtain the best available pricing for recovered materials, with due consideration to other pertinent factors, under short or long term arrangements as deemed appropriate by the Authority. The Authority shall be entitled to offer incentives to develop markets for recovered materials.

§6459. Annual Report. The Authority's annual report submitted under §6416 of this title shall set forth its operations and transactions involving recycling and waste reduction, and shall include information pertaining to the advice, assistance, and cooperative efforts extended by the Department of Natural Resources and Environmental Control to the Authority regarding the recycling and waste reduction program. The Authority shall also include in the independent audit of its fiscal affairs those matters related to its activities involving recycling and waste reduction.

§6460. Energy Resource Recovery Study — Kent and Sussex Counties. In addition to the requirements of §6429 of this title, the Authority is directed to undertake a feasibility analysis of establishing separate material and energy recovery facilities to Kent County and Sussex County independently. Such analysis shall include consideration of the availability of solid waste material, the market for recovered materials and energy, the effect of other recycling and waste reduction measures, general project economics and environmental impacts. The Authority shall not be entitled to proceed with a material and energy recovery facility under the provisions of §6429 of this title until such time that the feasibility study required hereunder is filed with the Governor, The President Pro Tempore of the Senate, and the Speaker of the House of Representatives. Such feasibility analysis shall be completed and filed no later than January 15, 1991."

Section 2. Amend Section 6403, Chapter 64 of Title 7 of the Delaware Code by adding a new subsection (m) to read as follows:

"(m) The Authority may, after notice and public hearing, adopt rules and regulations governing the- composition, quality, quantity and delivery of source separated recyclable materials to recycling centers."

Section 3. Amend Section 6406(a)(15), Chapter 64 of Title 7 of the Delaware Code by changing the period at the end of such subparagraph to a comma, and adding the following:

"including the location of recycling centers, without the need to obtain land use approval."

Section 4. Amend Section 6406(a)(31), Chapter 64 of Title 7 of the Delaware Code by changing the period at the end of such subparagraph to a comma, and adding the following:

"except to the extent that the Authority engages in activities authorized under §6452(h) of this title."

Section 5. Amend Section 6407(a), Chapter 64 of Title 7 of the Delaware Code by adding a new subparagraph (6) to read as follows:

"(6) Establish payment schedules and make payments for the delivery of source separated recyclable materials to recycling centers, and create, through funding, incentives for the delivery of source separated recyclable materials to recycling centers by community groups under programs authorized by the Authority."

Section 6. Amend Section 6304(g), Chapter 63 of Title 7 of the Delaware Code by striking the period "." immediately following the word "Authority" and inserting the following:

"except to the extent authorized by the Authority with respect to small quantity source separated designated materials which are delivered to recycling centers for disposal in an authorized manner."

Section 7. The provisions of this Act shall be read in harmony with the existing provisions of 7 Del. C. Ch. 64 and nothing contained herein shall be construed to supersede such provisions. This legislation shall be known as the Delaware Recycling and Waste Reduction Act.

Section 8. The Authority shall submit to the Department of Natural Resources and Environmental Control for consideration and possible comment its proposed Statewide Recycling and Waste Reduction Plan and its proposed plans for the establishment of recycling centers. The Department of Natural Resources and Environmental Control shall provide advice, cooperation, and assistance to the Authority with respect to the activities undertaken by the Authority pursuant to this Act.

Approved July 24, 1990.