In furtherance of the determination long established in § 6450 of this title 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” and that 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 General Assembly hereby makes the following findings and declares the following intent with respect to the establishment of this subchapter. In order to establish a comprehensive statewide system of recycling, wherein recycling is maximized and the necessary economies of scale are realized, every residence and business must have access to recycling programs that are both convenient and cost effective. It is the intent of the General Assembly, in full recognition that the establishment of a comprehensive statewide recycling program has long been sought, that said program shall be accomplished by modification of the existing beverage container law and the establishment of universal recycling inclusive of the prescribed recycling programs, requirements and goals that follow. As such, liberal interpretation in favor of accomplishing the stated goals and objectives shall be exercised.

77 Del. Laws, c. 275, §  1; 

Notwithstanding any definitions in Chapter 60 or 64 of this title to the contrary, the following words and phrases shall have the meaning ascribed to them in this subchapter unless the context clearly indicates otherwise.

(1) “Authority” means the Delaware Solid Waste Authority.

(2) “Beverage” means any mineral waters (but not including naturally sparkling mineral waters), soda waters or any other carbonated beverage not containing alcohol that is commonly known as a “soft drink” and any beer, ale or other malt beverage containing alcohol.

(3) “Beverage container” means any airtight nonaluminous container containing less than 2 quarts of a beverage under pressure of carbonation.

(4) “Dealer” means any person who engages in the sale of beverages in beverage containers to a consumer and shall include groups of retailers or retail chains.

(5) “Multi-family” means 3 or more attached structures, such as condominiums or apartments, generally intended for occupancy by individuals or families and where centralized community trash disposal and collection services are typically provided.

(6) “Municipal solid waste” means wastes such as durable goods, nondurable goods, containers and packaging, food scraps, organic yard waste and miscellaneous inorganic waste from residential (i.e. household), commercial, institutional and industrial sources such as appliances, automobile tires, old newspapers, clothing, disposal tableware, office and classroom paper, wood pallets, and cafeteria wastes. Municipal solid waste does not include solid wastes from other sources such as construction and demolition debris, auto bodies, municipal sludges, combustion ash and industrial process wastes.

(7) “On-premises sales” means sales transactions in which beverages are purchased by a consumer for immediate consumption within the area under the control of the dealer.

(8) “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.

(9) “Recyclable material” or “recyclables” means any material or group of materials that can be collected and sold or used for recycling.

(10) “Recycling” means the process by which solid wastes are separated for use as raw materials, products or replacement of products, including the reuse of organic yard waste, but does not include the incineration of materials for energy.

(11) “Residential waste” means the solid waste generated in occupied single-family and multi-family structures. Also referred to as “household waste”.

(12) “Single-family” means either a detached structure (i.e. a house) surrounded by open space or attached structures, such as town or row homes, generally intended for occupancy by a family and where individual trash collection services are typically provided for each structure.

(13) “Single stream” means a system in which all fibers (including but not limited to paper, cardboard, etc.) and containers (including but not limited to plastic, glass and metal) are commingled for collection into 1 container instead of being sorted into separate commodities and multiple containers.

(14) “Source-separated” means recyclable materials, including single stream recyclables, are segregated at the point of generation and kept apart from the waste stream by the generator thereof for the purpose of collection and recycling.

61 Del. Laws, c. 503, §  1;  63 Del. Laws, c. 385, §  1;  67 Del. Laws, c. 341, §  1;  71 Del. Laws, c. 74, §  2;  77 Del. Laws, c. 275, §  1; 

The goal of universal recycling is to create an economy of scale wherein a dramatic increase in Delaware’s diversion of recyclables occurs in the most cost effective manner achievable while simultaneously creating job opportunities and significantly reducing Delaware’s rate of waste disposal.

Universal recycling shall be implemented in accordance with the following provisions:

(1) Effective no later than September 15, 2011, the Authority shall cease providing curbside recycling services, including yard waste collection, and all persons providing solid waste collection services in the State shall also provide:

a. Single-stream curbside recycling collection services to all of their Delaware single-family residential customers, including delivery of a container for the purpose of storage and collection of recyclables that is adequately sized for the customers use such that recycling is encouraged and disposal of recyclables is discouraged; and the recyclables collection service shall be provided at a frequency of not less than once every other week.

b. Source-separated recycling collection services to dealers who provide on-premise sales, including delivery of a recyclables container that is adequately sized for the premise being served and a frequency of recyclables collection that shall preclude the recycling containers from overflowing and otherwise causing a nuisance.

c. All single-family residential and on-premise sales customers with a single charge for the collection of waste and recyclables on their “waste services” bill that is inclusive of the combined waste and recycling collection service costs. Local governments that do not presently bill separately for the costs of waste collection are exempt from this requirement.

d. Notification to all customers that the single-stream recycling service will be provided and instructions on participation prior to September 15, 2011.

e. Annual notification to single family residential customers with instructions on participating in the recycling program, including educational content about recyclable material.

(2) Effective no later than January 1, 2013, all persons providing solid waste collection services in the State shall provide:

a. Single-stream recycling collection services to all of their Delaware multi-family residential customers, including providing the multi-family complex with an appropriately sized and centrally located recyclables collection container or containers for the complex being served and ideally in the same proximity as the complex’s waste disposal containers. Local governments may require multi-family complex owners to provide their own recyclable collection containers consistent with local requirements.

b. Annual notification to the multi-family complex management with instructions on participating in the recycling program, including educational content about recyclable material.

c. A frequency of recyclables collection that shall preclude the recycling containers from overflowing and otherwise causing a nuisance.

d. Written justification to the Department for not providing multi-family recycling collection services where the physical constraints of the site prevent the placement of both trash and recycling containers. Exclusion from multi-family recycling is subject to Department review and approval.

(3) Owners or operators of multi-family complexes must, at least once per calendar year, provide residents with instructions on participating in the complex’s recycling program, including educational content about recyclable material.

(4) It is the express requirement of this legislation that universal recycling be adopted by the commercial sector and that all commercial businesses actively participate in a comprehensive recycling program no later than January 1, 2014.

a. A comprehensive recycling program for the commercial sector must, at a minimum, include recyclable wastes that are collected in the Authority’s single-stream recycling program.

b. Persons who provide waste collection services to commercial customers shall include delivery of a container for the purpose of storage and collection of recyclables that is adequately sized for the customers’ use such that recycling is encouraged and disposal of recyclables is discouraged; the recyclables collection service must be provided at a frequency of not less than once every other week.

c. Commercial businesses shall assess all generated wastes, other than those that are able to be accepted in the Authority’s recycling program, and identify those wastes that have commercially available means of recycling. Commercial businesses shall recycle those wastes unless the commercial business determines that the cost of recycling those wastes exceeds the cost of disposal. The commercial business must maintain records documenting this evaluation for Department review.

(5) Persons who choose to transport and deliver the solid waste and recyclables they generated on their own property for proper disposal or to a recycling facility of their choice respectively are not affected by this subchapter and may continue in this practice.

(6) Nothing shall impair the ownership of recyclable materials by the generator unless and until such materials are placed at curbside or similar location for collection and recycling, and nothing in this chapter shall be construed to prevent any person from collecting, transporting, processing, and marketing recyclable materials in competition with other persons in the same business, including the Authority, provided that the requirements of this subchapter are satisfied.

(7) Persons engaging in the collection, transportation, processing, or marketing of source separated recyclable materials shall conduct such activities in a manner that the source separated recyclable materials enter the marketplace and are otherwise not disposed via a landfill or by incineration.

(8) Persons who collect single-stream recycling may not knowingly commingle the contents of waste and recyclable containers for disposal.

(9) Persons who collect single-stream recycling may report to the Department known instances of repeated contamination of recyclable containers placed out for recycling.

77 Del. Laws, c. 275, §  1;  85 Del. Laws, c. 444, § 1; 

(a) There shall be established in the State Treasury and in the accounting system of the State a special fund to be known as the Delaware Recycling Fund (“the Fund”).

(b) The following revenue shall be deposited into the Fund:

(1) As specified in § 2912 of Title 30, the recycling fee on the sale of beverage containers;

(2) On the last day of each month, the State Treasurer shall credit the Fund with interest on the average balance in the Fund for the preceding month. The interest to be paid to the Fund shall be that proportionate share, during such preceding month, of interest to the State as the Fund’s and the State’s average balance is to the total State’s average balance;

(3) Any other revenue appropriated or transferred to the account by the General Assembly; and

(4) Repayment of low interest loans.

(c) The Fund shall be used by the Secretary for the exclusive purpose of funding specific activities designed to enhance this State’s recycling rate and the diversion of recyclables that would otherwise be land disposed.

(1)-(4) [Repealed.]

(d)-(f) [Repealed.]

77 Del. Laws, c. 275, §  1;  85 Del. Laws, c. 444, § 2; 

77 Del. Laws, c. 275, §  1;  repealed by 85 Del. Laws, c. 444, § 3, effective Aug. 26, 2026.; 

It is the intent of the General Assembly that implementation of the requirements of this subchapter reduce the amount of nonhazardous solid waste currently deposited in landfills in this State by maximizing the recovery of recyclable materials. In order to do so, it will be necessary for the State to embrace the Zero Waste Principles of designing and managing products and processes to systematically avoid and eliminate the volume and toxicity of waste and materials, conserve and recover all resources, and not incinerate or bury them. In that spirit, the following Interim Waste Diversion Goals are established with the understanding that as more data and information regarding the implementation of universal recycling become available, the goals leading up to January 1, 2020, may be modified by the Department as circumstances dictate; however, the January 1, 2020, goals may not be modified without the approval of the General Assembly:

(1) In order to effectively measure the diversion rates being achieved, all persons, including persons who collect, process, or market recyclables, with the exception of those specified in § 6053(5) of this title, must report to the Department on a calendar year basis, no later than February 15 of the following year, the type and quantity of recyclables managed, the method of recycling collection used (single or multiple streams), and the location of the recycling facilities used pursuant to reporting guidance developed by the Department and the Authority. Said reporting guidance must be developed pursuant to the solicitation of stakeholders responsible for reporting, shall take into account the need for confidentiality of the information reported, and shall be finalized no later than December 1, 2010. The first recycling report shall cover calendar year 2011 and shall be due no later than February 15, 2012.

(2) In order to ensure that the waste diversion goals specified in Table 1 of this section above are achieved by the dates specified, the Department shall assess progress and recommend to the Governor and Generalany additional mechanisms necessary, including all of the following:

a. Which waste streams must be diverted from disposal.

b. The parties responsible for ensuring the identified waste streams are diverted from disposal.

c. The date by which the diverted waste streams must be diverted from disposal.

d. Implementation of Pay As You Throw Program.

e. Extended producer responsibility.

f. Incentive-based recycling.

g. Waste bans and related requirements.

77 Del. Laws, c. 275, §  1;  85 Del. Laws, c. 444, § 4; 

(a) The General Assembly hereby finds that beverage containers are a valuable recyclable material and a major source of nondegradable litter in this State and that the collection and disposal of this litter and solid waste constitutes a great financial burden for the citizens of this State; and that, in addition to this unnecessary expenditure of tax moneys, such litter unreasonably interferes with the enjoyment of life and property by our citizens; and that the practice of littering and disposal of a recyclable material is not compatible with previously adopted policies of the State in regard to proper use and protection of our natural resources.

(b) It is the intent of the General Assembly to increase recycling significantly, inclusive of beverage containers, thereby conserving valuable natural resources, removing the blight of litter on the landscape of the State caused by the disposal of beverage containers and other packaging, and reduce the increasing costs of litter collection and disposal.

(c) Prohibitions. — No beverage shall be sold or offered for sale in this State:

(1) In containers connected to each other with plastic rings or similar devices which are not classified by the Department as biodegradable, photodegradable or recyclable.

(2) In a beverage container which is not recyclable or refillable.

61 Del. Laws, c. 503, §  1;  64 Del. Laws, c. 57, §  1;  67 Del. Laws, c. 341, §  2;  77 Del. Laws, c. 275, §  1; 

The Department shall coordinate with the Authority in convening periodic meetings of stakeholders to discuss the status of recycling activities in Delaware. For purposes of this section, “stakeholders” include representatives from all of the following:

(1) The Department.

(2) The Authority.

(3) The Delaware Association of Counties.

(4) The Delaware League of Local Governments.

(5) The recycling industry.

(6) The waste hauling industry.

(7) The soft drink industry.

(8) The alcoholic beverage industry.

(9) Delaware State Chamber of Commerce.

(10) The restaurant industry.

(11) The Delaware Food Industry Council.

(12) The public.

77 Del. Laws, c. 275, §  1;  81 Del. Laws, c. 79, § 2;  85 Del. Laws, c. 444, § 5; 

61 Del. Laws, c. 503, §  1;  68 Del. Laws, c. 146, §  1;  70 Del. Laws, c. 186, §  1;  77 Del. Laws, c. 275, §  1;  repealed by 85 Del. Laws, c. 444, § 6, effective Aug. 26, 2026.; 

(a) The Department and Authority are hereby required to provide to the Governor and the General , by November 1 of each year, an annual report on the status of recycling activities in Delaware. Said report must, at a minimum, include the following:

(1) Status of attainment of the recycling goals specified in § 6056 of this title.

(2) An assessment of the activities of both the Department and the Authority in achieving the recycling goals specified in § 6056 of this title.

(3) An objective, auditable accounting of recycling rates for total solid waste, municipal solid waste, and residential solid waste.

(4) Use the definitions of “recycling” and “municipal solid waste” as stated by the United States Environmental Protection Agency in its document EPA530-R-97-011 dated September 1997. The Department is able to adopt changes to these definitions.

(b) The Department, in concert with the Authority, shall:

(1) Monitor this State’s recycling initiatives and measure Delaware’s achievements toward attainment of the recycling goals specified in § 6056 of this title.

(2) Design and implement public educational efforts aimed at increasing public awareness of recycling opportunities.

(3) Provide technical assistance to local entities to assist them in increasing their recycling rates.

85 Del. Laws, c. 444, § 7;