Sussex County, DE
 
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Table of Contents
Table of Contents
[HISTORY: Adopted by the County Council of Sussex County 6-27-1972 as Ord. No. 10. Amendments noted where applicable.]
GENERAL REFERENCES
Housing standards — See Ch. 71.
Lot maintenance — See Ch. 80.
Water and sewers — See Ch. 110.

§ 91-1 Purpose.

The purpose of this chapter is to:
A. 
Define various types of solid wastes.
B. 
Define various types of solid waste haulers and originators.
C. 
Prohibit disposal of solid wastes in unauthorized locations.
D. 
Establish fees for public collectors' licenses.
E. 
Establish standards for equipment used to store and transport solid wastes by public collectors.
F. 
Establish fees for use of solid waste disposal facilities operated by or for the Sussex County Council.
G. 
Establish restrictions to conserve solid waste disposal facilities.
H. 
Establish penalties for violations of the provisions of this chapter.

§ 91-2 Definitions.

A. 
For the purpose of this chapter, various types of solid wastes shall be defined as follows:
ANIMALS AND FOWL
Includes dead dogs, cats, wild and domestic birds, poultry and livestock in their natural form, but excludes the aforementioned which have been processed in any manner so as to be included in the definition of "garbage."
BULKY WASTES
Includes waste materials such as refrigerators, washers, dryers, stoves, water tanks, tree branches, limbs, stumps, tires and other similar materials, but excludes materials described in the definitions of "garbage" and "rubbish."
CONSTRUCTION WASTES
Includes the waste portion of materials used in the construction or alteration of or additions to buildings, but excludes paper, cardboard and other material described in the definition of "rubbish."
DEMOLITION WASTES
Includes the structural, interior and exterior covering materials of any building which is being partly or totally demolished, and shall include wiring, plumbing materials, gutters and downspouts, but excludes loose paper, rubbish and other contents described in the definitions of "garbage" and "rubbish." "Demolition waste" shall also include trees, stumps, limbs and branches resulting from trimming or removal of trees.
EXCEPTED MATERIALS
Includes materials consisting entirely of topsoil, clean earth (sand, clay, etc.), rock gravel, broken masonry and concrete which may be useful in the disposal operation.
GARBAGE
Includes all table, kitchen, restaurant, food-processing or selling waste of any animal or vegetable nature, swill, vegetables, fruits, meats, fish, bones, fat, all solid putrescible matter, animal and vegetable, which may result from the preparation of meat, fish, fowl and vegetables of any character or which may be caused by the decay of foodstuffs or by handling, storing or dealing in the same. "Garbage" shall also include paper, plastic or other products which have become wetted or saturated with any of the above items as a result of wrapping, storing or serving foodstuffs.
HAZARDOUS WASTES
Includes any highly flammable, poisonous, odorous or offensive-tasting material which would present a fire or chemical hazard or pollute the air or groundwater, such as gasoline, arsenic, phenol, etc.
RUBBISH
Includes waste materials from homes, commercial, industrial, recreational or educational establishments or other sources which may be both combustible and noncombustible but are not highly putrescible or hazardous. "Rubbish" includes paper, rags, cans, bottles, plastic, leaves, grass and plant trimmings.
UNACCEPTABLE WASTES
Includes materials which, in their present form, are a nuisance or hazard to the disposal operation and can be made a lesser nuisance or hazard or are partly or entirely salvageable when dismantled, contained, reduced in size and/or separated, such as car seats, car bodies, LP gas tanks, etc.
B. 
For the purpose of this chapter, the following definitions shall apply to those persons, firms or corporations who originate, collect, transport and dispose of solid wastes:
PRIVATE HAULER
Includes any person, firm or corporation which collects solid wastes from its own dwelling, recreational, commercial or industrial establishment or operation and transports such wastes for disposal at a facility operated by Sussex County.
PUBLIC COLLECTOR
Includes any person, firm or corporation engaged in the business of collection and transportation for disposal of solid wastes for a fee or consideration from two or more dwellings, apartments or establishments. The following shall not be included as a "public collector:"
(1) 
Any person, firm or corporation collecting and transporting for disposal solid wastes from his own dwelling, apartment or establishment.
(2) 
Any person, firm or corporation collecting waste from one or more industrial or commercial establishments, intended entirely for reprocessing.
WASTE ORIGINATOR
Includes any person, firm or corporation who acquires any material which, through his use or possession, becomes unwanted or unworthy of salvage due to its condition, quantity and/or location.

§ 91-3 Method and location of solid waste storage and disposal.

A. 
It shall be unlawful to dispose of solid wastes by any method or at any location prohibited by applicable regulations of the State of Delaware or Sussex County.
B. 
It shall be unlawful to dispose of solid wastes on any property without the written consent of the owner or person legally responsible for the use of the property.
C. 
It shall be unlawful to store solid wastes for collection or transfer without the effective provisions to prevent odor, nuisance to adjacent inhabitants and protection against rodents, animals and insects.

§ 91-4 License fees; license period.

A. 
Fees.
(1) 
The annual license fee for public collectors operating any vehicle with a capacity of 10 cubic yards or more shall be $100 per year and $5 per year for each vehicle.
(2) 
The annual license fee for public collectors operating only vehicles with capacities less than 10 cubic yards shall be $25 per year and $5 per year for each vehicle.
(3) 
Each detachable body or container used to transport solid wastes for disposal by a public collector shall be licensed at a charge of $2 per year.
(4) 
Additional or replacement vehicles and containers licensed during the year will be subject to a fee of $5 per vehicle and $2 per container.
(5) 
Initial license fees will be prorated by quarters or fractions thereof remaining in the license year, except for the fees per vehicle and container, which are due in their entirety for any fraction of a year.
B. 
The license period shall be one year, beginning July 1 and ending June 30.
C. 
License tags must be displayed on the vehicles and containers for which they are issued while the vehicles and containers are used for the purpose covered by the licenses.
D. 
State and local government agencies owning or leasing vehicles and collecting solid wastes with their own employees are exempt from the public collector's annual license fee but will be required to pay the license fee for vehicles and containers.

§ 91-5 Insurance.

Each person, firm or corporation licensed as a public collector by Sussex County shall show evidence of and maintain insurance coverages as follows:
A. 
Vehicle: $10,000/$20,000 for personal injury and $20,000 for property damage.
B. 
General liability: $10,000/$20,000 for property damage.

§ 91-6 Applications for licenses.

A. 
Applications for licenses shall include the legal name of the person, firm or corporation to whom the license is to be issued. In the case of a partnership, the names of all partners shall be given, and in the case of a corporation, the names of all officers, the state of incorporation and the address of the home office.
B. 
Applications shall also contain the address and phone of the business office, the serial number of the state business license, the general area of collection, the number of trucks in operation, the name of the owner of each vehicle (and if other than the licensee, a copy of the lease agreement), the state motor vehicle registration number, a description of the chassis (make, year and model), descriptions of the body (type and make), the legal gross vehicle weight limit and the volume of the body (cubic yards).

§ 91-7 Vehicle and equipment requirements.

A. 
Vehicles used by public collectors which are licensed for the first time prior to July 1, 1972, shall have bodies with solid bottoms, sides, fronts and tops, with solid rear doors or tarpaulin to prevent spillage when traveling, except vehicles which haul solid wastes in plastic bags or other containers which are secured to prevent spillage.
B. 
Vehicles with capacities greater than 10 cubic yards used by public collectors which are licensed for the first time on July 1, 1972, or after shall have bodies which are totally enclosed to prevent spillage of any contents when traveling, watertight to prevent leakage of any liquid and equipped to unload mechanically, except small vehicles which haul solid wastes in plastic bags or other containers which are secured to prevent spillage, which shall only be required to unload mechanically.
C. 
All vehicles hauling solid waste shall have said wastes contained so as to prevent any spillage, either solid or liquid, while loading or transporting for disposal.

§ 91-8 Charges for depositing solid waste at county facilities.

A. 
Charges for depositing solid wastes at disposal facilities operated by or for Sussex County will be as follows:
(1) 
Residents or property owners depositing garbage or rubbish collected from their own residence: a fee of $30. A special permit will be issued by Sussex County evidencing payment of said charge which will expire upon June 30, 1993. A fee of $10 for each additional household vehicle used for the deposit of garbage or rubbish collected from their own residence. The permit issued for each additional household vehicle shall expire upon June 30, 1993.
[Amended 5-7-1991 by Ord. No. 765; 4-7-1992 by Ord. No. 820]
(2) 
Private haulers regularly depositing solid wastes in quantities greater than 1,000 pounds per month shall be required to obtain a private hauler's permit. The fee for the first fiscal year shall be $5 per year or fraction thereof for the first vehicle and $2 per year for each additional vehicle for Sussex County school districts and private haulers who pay either Sussex County capitation tax or directly or indirectly pay Sussex County real estate tax. The fee for all other private haulers regularly depositing solid wastes in quantities greater than 1,000 pounds per month for the first fiscal year or portion thereof shall be based on the estimated quantity of wastes originating from each private hauler's establishment. The annual charge for permits for subsequent fiscal years ending June 30 each year shall be based on recorded quantities deposited during a period of at least three months prior to the permit application. Permit fees calculated on a volume basis will be charged at the rate of 30 cents ($0.30) per cubic yard.
(3) 
Persons, firms and corporations not regularly depositing solid wastes in quantities greater than 1,000 pounds per month but which originate from building demolition, fire-damage cleanup, land clearing, tree trimming and removal, etc., shall be required to obtain a special permit. A special permit will be required by a resident or property owner prior to depositing demolition waste from any building with a gross floor area of 250 square feet or more. The special permit charge for building demolition waste shall be $1 per 100 square feet of gross floor area, payable upon application. Special permits for other materials shall be charged at $0.30 per cubic yard, with 75% of the estimated quantity payable on application and the balance calculated on actual volume deposited and billed when operation is completed.
(4) 
Public collectors depositing garbage and rubbish: no charge.
B. 
The method of payment is to be established by the Sussex County Council.

§ 91-9 Restrictions and special requirements.

A. 
The following restrictions and requirements are necessary to conserve the capacity of various solid waste disposal facilities for their primary purpose of receiving garbage and rubbish and to prevent use by persons, firms or corporations which do not contribute to the cost of operation of said facilities.
(1) 
A permit must be obtained in advance from the County Engineer's office to dispose of any building or portion thereof larger than 250 square feet in size. This permit may require disposal at other than the nearest facility because of space available. All buildings or portions of buildings must be reduced to flat sections, be free from garbage and rubbish and be small enough to be transported legally without a permit.
(2) 
A permit must be obtained in advance from the County Engineer's office to dispose of more than four discarded car, truck, or tractor tires.
(3) 
Trees trimmed or removed for land development or right-of-way clearing shall have all wood four inches or less in diameter chipped, larger wood cut in lengths not exceeding four feet in length and all roots trimmed flush with the base of stumps. Trees trimmed or removed by a person doing the work at his own residence need not be reduced to chips but must be cut to the four-foot length or shorter.
(4) 
All refrigerators, freezers or similar objects shall have the doors removed before disposal at Sussex County operated facilities.
(5) 
It shall be unlawful to transport solid wastes originating outside Sussex County to solid waste disposal facilities operated by Sussex County without a special permit issued under conditions and rates recommended by the County Engineer and approved by the Sussex County Council.
B. 
Unacceptable wastes, as defined in § 91-2A, may be received at disposal sites operated by Sussex County upon application to the County Engineer but would be subject to special charges recommended by the County Engineer and approved by the Sussex County Council.

§ 91-10 Violations and penalties.

Violation of any portion of these regulations shall be deemed a misdemeanor and, for each and every violation, shall be punishable by a fine not to exceed $200 or a prison sentence not to exceed 30 days, or both, for the first offense and $500 and 60 days for every offense thereafter.