[HISTORY: Adopted by the County Council of Sussex County 6-27-1972
as Ord. No. 10. Amendments noted where applicable.]
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.
A.
ANIMALS AND FOWL
BULKY WASTES
CONSTRUCTION WASTES
DEMOLITION WASTES
EXCEPTED MATERIALS
GARBAGE
HAZARDOUS WASTES
RUBBISH
UNACCEPTABLE WASTES
For the purpose of this chapter, various types of solid
wastes shall be defined as follows:
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."
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."
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."
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.
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.
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.
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.
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.
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.
PRIVATE HAULER
PUBLIC COLLECTOR
WASTE ORIGINATOR
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:
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.
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:"
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.
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.
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.
Each person, firm or corporation licensed as a public collector by Sussex
County shall show evidence of and maintain insurance coverages as follows:
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).
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.
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.
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.
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.
