CHAPTER 623

AN ACT TO AMEND TITLE 16, DELAWARE CODE, REQUIRING THE ESTABLISHMENT OF COUNTY PLANS FOR SOLID WASTE MANAGEMENT, APPROPRIATING FUNDS FOR SUCH PLANNING, AND EMPOWERING THE DIVISION OF PHYSICAL HEALTH OF THE DEPARTMENT OF HEALTH AND SOCIAL SERVICES TO ADMINISTER, REGULATE AND DISTRIBUTE SUCH FUNDS.

WHEREAS, in this State, the volume of solid wastes (garbage, trash, refuse) produced each year has greatly increased because of a rapidly expanding population, a healthy economy with the widespread use of packaged products; and

WHEREAS, the improper storage, collection and disposal of such solid wastes may (1) cause the breeding of insects and rodents (2) be the source of odors, (3) cause uncontrolled fires and air pollution, and (4) contaminate surface and ground waters; and

WHEREAS, such conditions are a menace to the health, safety, and welfare of the people of the State; and

WHEREAS, the disposal of solid wastes should be conducted on a regional basis,

NOW, THEREFORE,

Be it enacted by the General Assembly of the State of Delaware (three-fourths of all the members elected to each branch thereof concurring therein):

Section 1. Title 16, Delaware Code, is amended by inserting after Chapter 17, a new Chapter, Chapter 18, which shall read as follows:

CHAPTER 18. SOLID WASTE: MANAGEMENT, STORAGE,

COLLECTION AND DISPOSAL

§ 1801. Definitions

(a) Qualified Agency, as used in this Chapter shall mean: (1) The Levy Court or County Council of the Counties.

(b) Planning of Solid Waste Collection and Disposal Systems shall mean:

(1) Engineering or planning services to survey, plan, develop and supervise the establishment or construction of comprehensive solid waste collection, and disposed systems.

(c) Federal Aid or Grant shall mean any and all Federal grants-in aid, regardless of source, which supplement the aid provided by the State in this Chapter and which are applied to the planning of solid waste collection and disposal systems by qualified agencies.

(d) Solid Waste shall mean that material that is made up of residential, domestic, institutional, commercial, agricultural, industrial and street or highway refuse. It includes garbage, rubbish, ashes, street refuse, dead animals, abandoned automobiles, demolition rubble and sewage sludge.

(e) Collection and Disposal Systems shall mean:

(1) Systems for the storage, collection, transportation, transfer, processing, reclamation, reduction and disposal of solid wastes.

§ 1802. Establishment of County Plans

Each of the three counties, New Castle, Kent and Sussex, shall prepare and administer a comprehensive and detailed plan for a system for the collection, storage and disposal of all solid wastes which are produced or are disposed of within the boundaries of their respective counties. Provided, however, that if a county does not indicate its willingness, within 60 days from the effective date of this Chapter, to submit a plan as provided herein, the Division of Physical Health of the Department of Health and Social Services, shall conduct its own study and prepare plans as to that county. Such plans shall:

(a) Consider domestic, industrial, demolition, commercial, and agricultural wastes.

(b) Provide for the control of the wastes from point of origin to the place or places of disposal.

(c) Include a method or methods of adequately financing the comprehensive plan.

(d) Establish an organization for the administration and enforcement of the comprehensive plan.

(e) Be completed and submitted to the Division of Physical Health of the Department of Health and Social Services, by April 1, 1971.

§ 1803. Amount of aid; limitation

A qualified agency proceeding with the planning of solid waste collection and disposal systems and applying for aid under this Chapter shall receive State aid funds appropriated pursuant to the purposes and provisions of this Chapter in an amount not to exceed 75 per cent of the cost of the planning of the solid waste collection and disposal system. If Federal funds are received, the sum of State and Federal grants -in-aid shall not exceed 75 per cent of the cost of the planning of the solid waste collection and disposal system.

§ 1804. Allocation of funds

The Division of Physical Health of the Department of Health and Social Services is hereby empowered to administer the provisions of this Chapter and allocate and disburse funds to qualified agencies which make proper application for such funds. Application forms shall be furnished by the Division, and the Division Director, with the approval of the Secretary of the Department, may set rules and regulations to govern the applications and aid the payment process.

Section 2. There is appropriated to the Department of Health and Social Services, Division of Physical Health, the sum of Seventy-Five Thousand Dollars ($75,000) which shall be used for grants-in-aid to qualified agencies for the planning of solid waste collection and disposal systems.

Section 3. This Act is a supplementary appropriation and the money appropriated shall be paid by the State Treasurer out of funds in the General Fund of the State not otherwise appropriated.

Section 4. Any of said appropriated funds remaining unexpended at the end of Fiscal Year ending June 30, 1971, shall not revert to the General Fund, but shall be retained by the Department to be used for the purposes set forth in this Act.

Approved June 30, 1970.