Section 1. Amend § 6002, Title 7 of the Delaware Code, by inserting
therein the following new paragraphs:
“(74) ‘Collector’
means a person who collects recyclable materials and/or organic yard waste.
(75) ‘Municipal
Solid Waste’ means durable goods (excluding vehicles and other moving
equipment), nondurable goods, containers and packaging, food scraps, organic
yard waste and miscellaneous inorganic waste from residential (single- and
multi-family households) and non-residential (commercial, institutional and
industrial) sources. Municipal solid
waste does not include construction and demolition debris, vehicle bodies,
pre-consumer waste, municipal sludges, combustion ash or industrial process
wastes.
(76) ‘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.
(77) ‘Processor’
means a person who manages recyclables and/or organic yard waste for the
purpose of returning them to the economic mainstream.
(78) ‘Recyclable
Material’ or ‘Recyclables’ means any material or group of materials that can be
collected and sold or used for beneficial purposes.
(79) ‘Single
Stream’ means a system in which all fibers (at a minimum paper, cardboard,
etc.) and containers (at a minimum plastic and metal) are mixed together for
collection into one container instead of being sorted into separate commodities
and multiple containers.
(80) ‘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.
(81) ‘Transporter’
means any person engaged in the transportation of solid waste.
(82) ‘Authority’
means the Delaware Solid Waste Authority.
(83) ‘Recycling’
means the process by which discarded municipal solid waste materials are
separated and used as raw materials, products or replacement of products,
including the reuse of organic yard waste, but does not include the burning of
materials for energy.
(84) ‘Local
Governments’ means counties, cities, towns, municipalities, civic or community
associations within unincorporated areas of the state that are recognized as a
not-for-profit organization under state and federal law.”.
Section 2. Amend Chapter 60, Title 7 of the Delaware
Code, by adding the following new Sections to Subchapter II thereof:
Ҥ6043.
Local Government Recycling Grants Program and Private Sector Initiatives.
(a) Local Government Recycling Grants Program. There is hereby established a competitive
Local Government Recycling Grants Program (Program) to assist local governments
with (1) the implementation of source separated recyclables collection and
processing programs with emphasis on start-up costs for single-stream curbside collection and (2)
start-up costs for initiatives which result in the beneficial use of solid
waste materials which would otherwise be land disposed. The Program shall be administered by the
Department, and monies from the Program shall be paid based on approved grant
requests. The Department shall be entitled to charge to the Program an
administrative fee of 7.5% of grants made to cover the cost of managing the
Program. The Department shall be
entitled to disburse grant monies for the documented costs of implementing the
collection or processing of source separated recyclable materials. The Department shall be entitled to adopt
guidelines and procedures for administering the Program and determining
eligibility for receipt of funding pursuant to § 6044(a) of this Title. The Department shall solicit the commentary
of the grant eligible stakeholders during development of the grant guidelines
and procedures. Local Governments
electing to implement a curbside recycling program are in no way precluded from
requiring mandatory participation by the residents within their
jurisdiction. The Program shall be
funded by monies made available under the provisions of § 6044.
(b) Local Governments and private sector entities engaging in the
collection, transportation, processing, and marketing of source-separated
recyclable materials shall conduct such activities in a manner that the
source-separated recyclable materials enter the marketplace or, in the event
the recyclable materials are unmarketable, then put to other beneficial use.”
(c) Private Sector Initiatives.
There is hereby established a competitive grant program to assist
private sector entities with (1) start-up costs for the implementation of
source separated recyclables collection and processing programs with emphasis
on single-stream curbside collection and (2) start-up costs for beneficial use
initiatives which result in the beneficial use of solid waste materials which
would otherwise be land disposed. The
private sector initiatives program shall be administered and subject to the
requirements set forth in subsection (a) above.
§6044.
Delaware
Recycling Fund.
(a)
There is hereby established a Delaware Recycling Fund
in the Department for the exclusive purpose of funding specific activities
designed to enhance the state’s recycling rate and the beneficial use of
materials otherwise land disposed.
Monies in the Delaware Recycling Fund shall be retained in an interest
bearing account and may be expended only:
(1)
To fund the Local Governments Recycling Grants Program
and Private Sector Initiatives. Annual
funding for the Local Governments Recycling Grants Program and Private Sector
Initiatives shall be dependent on revenue generated by the Delaware Recycling
Fund referenced in subsection (d) of this Section;
(2)
To pay the Department’s limited and reasonable costs
and grant recipient’s costs of establishing and conducting public outreach and
education programs to promote the Grant Program, curbside recycling and organic
yard waste management and beneficial use initiatives;
(3)
To pay the limited and reasonable cost of the
Department and Recycling Public Advisory Council, collectively studying and
evaluating the status and potential for recycling the commercial component of
municipal solid waste, and other improvements to the residential curbside
recycling program, including the funding of initiatives undertaken by Local
Governments and the private sector to enhance the recovery rates of recyclable
materials and determination of the level of recycling
achievable for all solid waste generated in the state as a result of
implementation of the programs established under this Subchapter.
(b)
The funding for the Delaware Recycling Fund shall be
derived from an assessment of $3.00 per ton made by the Department for every
ton of solid waste generated and/or disposed in Delaware, excluding recyclable
materials actually recycled and hazardous waste, collected by transporters
and/or generators subject to: (i) the permit requirements of the Department pursuant
to § 6001(c)(6), § 6003 (a)(4), and § 6025 of Title 7 of the Delaware Code;
and (ii) the licensing requirements of the Authority adopted pursuant to § 6404
(6) of Title 7 of the Delaware Code. Quarterly (by the 15th of January,
April, July and October) the Authority shall submit to the Department the names
and addresses of the transporters subject to the provisions of 7 Del. C.
6404(6) and the total solid waste tonnage that each transporter delivered to
each DSWA facility. The Department, via
its transporter permit program, shall be responsible for identifying the
generators and transporters of solid waste which do not use the Authority’s
facilities, and shall make an assessment for the tonnage of solid waste
generated and/or disposed in Delaware.
(c)
Any Local Governments subject to the assessment
established under this § 6044 shall be entitled to seek and obtain an exemption
from the assessment upon demonstration to the satisfaction of the Secretary
that the Local Government has adopted a program which has achieved a recovery
rate of 30 percent of the total residential solid waste which would otherwise
be land disposed by the Local Government.
The exemption shall be valid so long as the 30 percent recovery rate is
being achieved on an annual basis.
(d) The
assessment shall become effective three (3) months from the date of enactment
and the Department shall collect the assessment from transporters and/or
generators after the initial assessment on a quarterly basis utilizing forms
and procedures developed by the Department.
Payment of assessments shall be due within 30 days of the end of the
quarter (The 30th of January, April, July and October), and any late
payment shall bear interest at the rate of 1.5% per month. The Department shall provide an annual report
to the Authority and the Recycling Public Advisory Council setting forth the
amounts collected from each transporter and/or generator and any
delinquencies. The Authority and the
Department shall cooperate in maintaining an accurate list of active
transporters and/or generators subject to the assessment. The Department shall be entitled to seek
collection of any assessments due to the Department through civil action or may
seek to impose on the transporter and/or generator the sanctions specified for
violation of a permit condition as set forth in § 6005 of Title 7 of the
Delaware Code.
(e)
The Department shall commence the Local
Governments Recycling Grants and Private Sector Initiatives Programs in
calendar year 2008 and offer the Programs at least annually thereafter until
December 31, 2015. One year prior to the
termination date, the Department in consultation with the Recycling Public
Advisory Council and pursuant to the solicitation of commentary by grant
eligible stakeholders), shall report on the status of the Programs and make
recommendations to the Governor and General Assembly on whether and how the
Program should be reauthorized. The assessment shall terminate as of December
31, 2015 unless reauthorized by enabling legislation.
(f)
The Recycling Public Advisory Council, pursuant
to solicitation of commentary by grant eligible stakeholders, shall make
recommendations annually to the Department regarding the programmatic
priorities for awarding grant funds under §6043 of this Title. The Recycling Public Advisory Council shall
provide recommendations regarding the categories and priorities for grants that
reflect an informed and representative view of the most urgent and important
areas where grant funding will provide the most benefit to the State of Delaware balancing
current needs with those of future generations.
(g)
The Department shall review all applications and
requests for funding from the Delaware Recycling Fund and award funding grants
taking into consideration the Recycling Public Advisory Council
recommendations. In those cases where the Department’s funding decisions differ
significantly from the Recycling Public Advisory Council recommendations, the
Department shall report to the Recycling Public Advisory Council the justification
for such differences.
(h)
The Authority shall not be entitled to receive
any grants from the Delaware Recycling Fund.
(i)
The Recycling Public Advisory Council and the
Department shall publish annually by November 1st of each year a
report on all actions and activities involving the Delaware Recycling Fund and
the status of recycling activities in Delaware as they relate to attainment of
the goals established under 7 Del C. §6046(a).
(j)
The monies provided from the Delaware Recycling
Fund shall be subject to independent audit and the recipient of any such
funding shall agree to the audit and cooperate with the auditor as a condition
of receiving funding.
§6045. Residential Curbside Recycling Programs
Residential Curbside
Recycling Programs eligible for receiving funding from the Delaware Recycling
Fund shall provide that persons who participate in the curbside recycling
program separate in single stream or multi-stream at least paper materials
(including at a minimum corrugated cardboard), aluminum materials, steel
materials, organic yard waste and plastics materials deemed capable of being
recycled from other municipal solid waste generated at their homes, apartments
and other residential establishments and to store such materials until
collection. Nothing shall be deemed to impair the ownership of separated
materials by the person who generated them unless and until such materials are
placed at curbside or similar location for collection by the Local Government
or other collector.”.
Section 3. Amend § 6451, Title 7 of the Delaware Code,
by inserting therein the following new paragraphs:
“(6) ‘Single
stream’ means a system in which all fibers (at a minimum paper, corrugated
cardboard etc.) and containers (at a minimum plastic and metal) are mixed
together for collection into one container instead of being sorted into
separate commodities and multiple containers. (7)‘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.”.
Section 4. Amend § 6452(2), Title
7 of the Delaware Code, by inserting the words “and single stream materials”
immediately after the word “materials” as it appears therein.
Section 5. Amend § 6452, Title 7
of the Delaware Code, by striking the word “and” at the end of paragraph (9)
thereof; by striking the period as it appears at the end of paragraph (10)
thereof and substituting in lieu thereof a semi-colon; and by inserting therein
the following new subsections:
“(11) The
implementation of a single-stream source separated recycling system that
balances the need for drop-off recycling centers with public and private sector
implementation and expansion of curbside recycling programs; provided, however,
that where a municipal government implements mandatory curbside recycling
within its jurisdiction, the Authority may remove the drop off sites located
within the same jurisdiction; and
(12) The development
of recycling centers for organic yard wastes on Authority controlled and
publicly controlled lands if necessary in the event private organic yard waste
recycling efforts are unable to provide this service at a level capable of
managing all of the organic yard waste which is generated.”.
Section 6. Amend Chapter 64, Title
7 of the Delaware Code, by striking § 6454 thereof in its entirety and by
substituting in lieu thereof the following:
Ҥ6454. Recycling Centers.
(a) The Authority shall establish organic yard waste recycling
centers on lands owned or controlled by the Authority or other public entity if
needed to supplement organic yard waste recycling facilities operated by the
private sector. The Authority shall be
entitled to impose a tipping fee or other service charge to cover the capital
and operating costs of Authority recycling centers which handle organic yard
waste.
(b) Implementation of efficient and cost-effective recycling
programs will require that Delaware
have access to processing facilities capable of processing single and/or
multiple-stream recyclables. Where the private sector has developed extensive
recyclables processing capability and unique programs that provide incentives
to the general public to recycle that are not available to Delaware
residents, the Department and the Authority shall encourage and work with the
private sector to establish private facilities for recyclables and recycling
incentive programs in Delaware.
If, the private sector does not provide
sufficient private facilities for recyclables, as determined by the Department
and the Authority, then the Authority shall accept at no cost and process or
provide for the processing of single stream recyclable materials comprised of
paper materials, aluminum materials, steel materials and plastic materials. Additional
materials may be accepted at the single-stream recycling center subject to the
approval of the Authority. The Authority
shall receive recyclable materials for transfer to the processing facility at locations
designated by the Authority. It shall be
the responsibility of the Authority to ensure that processing and/or transfer
facilities for managing single-stream collected recyclables are in operation in
each County. It shall also be the
responsibility of the Authority to transport or arrange for the transport of
recyclables from transfer stations or landfills at which they choose to accept
recyclable materials to a processing facility.
Municipal and private collectors shall not be required to use the
Authority’s recycling centers. The revenues derived from the sale of recyclable
materials and the Authority’s revenue stream resulting from the elimination of
drop off recycling centers under the provisions of this Act shall be used to
offset the Authority’s costs of transporting, receiving, processing and
marketing recyclable materials.”.
Section 7. Amend Chapter 64, Title 7 of the Delaware Code, by striking §
6455 thereof in its entirety and substituting in lieu thereof the following:
Ҥ6455. Public Education and Promotion of Recycling,
Composting and other Waste Reduction Programs.
The Authority, in cooperation and consultation with
the Department, shall initiate and conduct public outreach and education
programs on the operation of its residential curbside recycling, drop off and
organic yard waste programs, as well as continuing education on the purposes
and value of source separated recycling and resources recovery. The intent of
these educational programs shall be to maximize the diversion and recovery of
household recyclables and organic yard waste, whether it was generated by the
commercial or residential sector. Such
program may be conducted in conjunction with similar efforts of private
industry, municipalities, public interest groups and the Department. The program may include the use of public
advertising.”.
Section 8. Amend Chapter 64, Title 7 of the Delaware Code, by inserting
therein the following new Sections:
Ҥ 6461.
Residential Curbside Recycling Programs.
(a) Establishment. The Authority shall
establish and implement a statewide residential multi-stream and/or single
stream source separation and collection program for recyclable materials in
accordance with this section. This shall include provisions encouraging and facilitating the
development of flexible private and municipal systems for source separating
recyclables, collecting source separated recyclables, processing source
separated recyclables and marketing source-separated recyclables.
(b) Notice. The Authority
shall establish a comprehensive and sustained public information and education
program addressing recycling program features and requirements. As a part of this program, the Authority
shall, at least 30 days prior to the initiation of the recycling program and
thereafter, provide notification to all affected residents of the requirements
of any residential curbside collection program.
(c) Implementation.
(1) In
the absence of private or municipal participation, in whole or in part, in the
collection, transportation, processing, and marketing of multi-stream and/or
single stream source separated recyclable materials, the Authority shall make
such services available statewide through a multi-stream and/or single stream
drop off sites and by offering a subscription multi-stream and/or single stream
curbside recycling service, directly or through contract with others. The Authority may utilize its own personnel
and resources but preference should be given to contracting with the private
sector if cost effective, to provide this service consistent with the
provisions of 7 Del. C. 6401(b)(4).
(2) Nothing
contained herein shall be construed to prevent any person from collecting,
transporting, processing, and marketing source separated recyclable materials
in competition with municipalities or the Authority, provided that the
requirements of this Subchapter are satisfied.”.
Section 9. Amend Chapter 60, Title 7 of the Delaware Code, by inserting
therein the following new Section:
Ҥ 6046. Minimum
Recovery Rates.
(a) It is the intent of the General Assembly that the program
implemented pursuant to this Subchapter reduce the amounts of municipal solid
waste, which is comprised of residential and commercial solid waste (including
organic yard waste), currently deposited or capable of being deposited in
landfills in this State by recovering from such municipal solid waste
recyclable materials at the recovery levels specified below. The Department and the Recycling Public
Advisory Council shall report annually on the recovery rates of solid waste by
identifying all public and private recycling efforts which reduce the amounts
of municipal solid waste generated. Any person engaged in recycling or resource
recovery of source separated solid waste generated in the State shall file with
the Department an annual statement which contains the information required by
the Department to determine and report on the recovery rate. It shall be a goal to achieve recovery rates
of municipal solid waste according to the following schedule:
|
Time in which Recovery Rates are achieved
|
Total Residential
Solid Waste Recovered
|
Total Commercial
Solid Waste Recovered
|
|
January 1, 2008
|
20%
|
______
|
|
January 1, 2009
|
25%
|
_____
|
|
January 1, 2010
|
30%
|
50%
|
The goal for recovery of municipal solid
waste (residential solid waste and commercial solid waste) shall be 51% to be
attained by January 1, 2015.
(b) Notwithstanding any provisions or definition to the contrary
contained in this Chapter, for purposes of satisfying the minimum recovery
rates set forth in subsection (a) above recyclable materials shall be those
paper, aluminum, metal, and plastic materials and other municipal solid waste
which is source separated and collected for recycling, and recycling for
purposes of the program established hereunder shall mean the process by which
discarded municipal solid waste materials are separated and used as raw
materials, products or replacement of products, or put to other beneficial use,
including the reuse of organic yard waste, but does not include the burning of
materials.”.
