| Report: |  A Report to the Governor and the General Assembly of the State of Delaware
Joint Sunset Committee
2006 Final Report Delaware Solid Waste
Authority
June 2006 _______________________________________________________________
Delaware Solid Waste Authority
Table of Contents
Executive Summary
History of Solid Waste Management in Delaware
Purpose of the DSWA
Organization
Mission Statement, Goals and Objectives
Accomplishments, Opportunities and Challenges
Policymaking Structure
Meetings and Public Hearings (Freedom of Information Act and
Administrative Procedures Act)
DSWA Staff
Private Contractors
Interagency Agreements
Budget
DSWA and the Public
Education and Outreach
Community Cleanup Initiative Program
Public Complaints
Municipal Solid Waste Management In Delaware
Quantity of MSW
Waste Stream Characteristics
MSW Collection
MSW Disposal
Landfills
Collection and Transfer Stations
Recycling
Solid Waste Management in Other States
In early June 2004, the Joint Sunset Committee voted to hold over the sunset review of the Delaware Solid Waste Authority through June 2004, or later if determined by the JSC to be necessary.
On May 31, 2005, the Joint Sunset Committee voted unanimously to again hold over the sunset review of the Delaware Solid Waste Authority into 2006.
On January 12, 2006, the Joint Sunset Committee voted to continue DSWA as currently constituted. The follow is the text of the 2004 Draft Report regarding the Delaware Solid Waste Authority.
Summary
The General Assembly created the Delaware Solid Waste Authority (DSWA) in 1975 as independent agency statutorily directed to resolve municipal solid waste problems without relying on taxes or the State’s faith and credit. Its mission is to define, develop and implement cost effective plans and programs for solid waste management which best serve Delaware and protects public health and the environment. These plans and programs are articulated in the Statewide Solid Waste Management Plan.
Key to the Plan is a collection and disposal system, which in 2003 managed over 900,000 tons of material. Municipal solid waste, which includes both residential and commercial/industrial waste, is collected by forty-six licensed haulers and transporters most of who have signed exclusive use contracts with DSWA. Costs of the collection system are borne solely by the system users. The current solid waste disposal fee is $58.50/ton and it has been held constant for the past eleven years.
Municipal solid waste is landfilled or recycled. DSWA operates three active landfills, one each county, and continues to maintain the inactive Pigeon Point Landfill. DSWA’s RECYCLE DELAWARE program includes over one hundred drop-off sites located throughout the state and a voluntary curbside recycling program established in northern New Castle County in addition to other waste specific recycling programs such as an electronic goods and oil filter recycling.
Some controversy surrounds the Cherry Island Landfill in Wilmington. Cherry Island is expected to reach capacity by 2006 unless it is expanded from its current 105 feet to 290 feet. The Department of Natural Resources and Environmental Control has delayed approval of the expansion permit for numerous reasons. In the meantime, emphasis has shifted away from landfilling and toward the State’s recycling efforts, particularly within the residential sector, which currently diverts only 13 percent of its waste stream from the landfills.
The Authority is governed by a seven-member governor appointed Board of Directors responsible for overseeing policy and financial decisions affecting its $4.7 million budget. Daily operations are carried out by the over one hundred DSWA employees.
The Joint Sunset Committee last reviewed the DSWA in 1993. Recommendations (attached) from the sunset review were implemented to satisfaction of the Committee in 1994. Those recommendations are discussed throughout this report.
History of Solid Waste Management in Delaware
| 1960s | Open burning and open dumping were the most common forms of municipal solid waste management. Local governments were responsible for waste management with oversight from the State Board of Public Health. |
| Early 1970s | Governor Russell Peterson transferred responsibility for solid waste management from the Board of Health to the Department of Natural Resources and Environmental Control (DNREC). |
 | General Assembly directs DNREC to perform a Research and Development program to recover materials from solid waste and improve disposal practices. DNREC responds with a plan for managing solid waste on a statewide basis, which included the formation of a State authority for that purpose. |
| DNREC also became involved in assessing drinking water quality and determined the Potomac Aquifer near Llangollen was contaminated by leachate from the closed New Castle County dump. Other streams and aquifers in Kent and Sussex County also showed evidence of leachate contamination. |
| 1974 | DNREC adopts comprehensive regulations to manage solid waste disposal. Counties close dumps and pressure mounts to locate new landfill sites. |
| Governor Sherman Tribbitt recommended to the General Assembly that it consider creation of the Delaware Solid Waste Authority. |
| 1975 | General Assembly passed SB 410 creating the Delaware Solid Waste Authority (DSWA). Operations commence a year later. |
| U.S. Congress passed the Federal Resource Conservation and Recovery Act (RCRA). RCRA formed a federal solid waste hierarchy with an emphasis on recycling, resource conservation, and resource recovery. Later amendments established the federal government’s regulatory role in MSW management by requiring state solid waste planning and new regulations for landfills. |
| Clean Air Act amendments enacted to govern air emissions from MSW landfills. Established monitoring, record keeping, and reporting requirements to demonstrate compliance. |
| Clean Water Act amendments enacted to govern the quality of water from point discharges at all DSWA facilities. |
Early to
mid-1980sDSWA adopts the Statewide Solid Waste Management Plan, which created a framework for actions to be taken by DSWA in carrying out its legislative mandates. The Plan was later revised and updated in 1994.
| DSWA takes over waste disposal services from the counties: |
| The Central Solid Waste Management Center in Dover and the Southern Solid Waste Management Center in Millsboro began providing municipal solid waste disposal services to southern Delaware. Both facilities were designed to operate MSW landfills. |
| The Delaware Reclamation Plant was established in New Castle Country to process its residential and light commercial waste. Additionally, in NCC, Pigeon Point Landfill was closed and its successor, the Cherry Island Landfill, commenced operations. |
| 1988 | HB 491 enacted and directed DSWA to implement a materials and recovery program for Kent and Sussex Counties. |
| 1989 | HB 421 enacted and directed the DSWA to implement a statewide infectious waste management program. |
| 1990 | SB 424 enacted directing the DSWA to implement a Statewide recycling and waste reduction program. |
| 1991 | DSWA opens the Pine Tree Corners Transfer Station to meet the MSW disposal needs of those living just south of the C&D Canal. DSWA also established a voluntary recycling program, which included the opening of 100 Recycle Delaware Centers. |
| 1994 | SB 141 enacted and directed the DSWA to conduct an environmental study prior to site selection and construction of any waste-to-energy facility. |
| U.S. Supreme Court Carbone decision overturns the general practice of interstate flow control nationally. |
| 1998 | Coastal Zone Act amended to prohibit incinerators in the Coastal Zone. |
| 2000 | SB 280 enacted and banned the siting of any waste-to-energy facility within three miles of any church, school, or residence. |
| 2003 | DSWA proposed a $66 million Cherry Island Landfill repair and expansion project. Voluntary curbside recycling program in Brandywine Hundred commences. |
Purpose of the DSWA
When the General Assembly created the DSWA in 1975 it envisioned a structure that would protect public health from the hazards associated with open dumping and would also support state and federal environmental goals promoting recovery, recycling, and reuse. Specifically, the General Assembly declared that:
1) A statewide comprehensive program for management, storage, collection, transportation, utilization, processing and disposal of solid waste be established.
2) A program for the maximum recovery and reuse of materials and energy resources derived from solid wastes be established.
3) A program for protecting the land, air, surface, and groundwater resources of the State from depletion and degradation caused by improper disposal of solid waste be established.
4) A program in cooperation with the US EPA, or other federal and state agencies, for the demonstration of systems and techniques of materials recovery, market development, and reuse be established.
5) A statewide program for disposal of infectious waste, giving special attention to the management and operation of an infectious waste facility, be established.
6) A statewide solid waste management plan be developed and implemented by the Authority.
In furtherance of these goals, solid waste disposal and resources recovery facilities and projects were to be implemented either by the State, or under state auspices, with assistance from private industry as necessary.
The General Assembly granted the DSWA numerous powers to effectuate the purpose. 77 Del. C. §§ 6404, 6406 Some of the Authority’s key powers include:
· Design, construct, finance, own and manage solid waste disposal, volume reduction, resource recovery, transfer, storage, transportation and waste handling facilities necessary in carrying out the Statewide Solid Waste Management Plan.
· The development, implementation, and supervision of a licensing program for all persons who haul, convey, or transport any solid waste in Delaware.
· Contract with state, local, and regional authorities, persons or firms to provide solid waste management services, design and construct solid waste facilities and other services necessary to carry out the Statewide Solid Waste Management Plan.
· Determine the location and character of any project to be developed [under this chapter], subject to the requirements of the Statewide Solid Waste Management Plan, including the location of recycling centers, without the need to obtain land use approval.
· Adopt fee schedules and user charges for the services it performs.
· Issue bonds. While there is no pledge of the State’s credit, §6409 establishes a covenant with bondholders in which the State agrees with bond holders that the State will not, as long as there is outstanding obligations, diminish or impair the power of the Authority to collect fees and the state will not terminate the Authority or authorize any other facility to assume the Authority’s functions, unless other legal provisions are made protecting those to whom the obligations remain.
· Conduct hearings, examinations and investigations.
· Employ a staff and establish offices where necessary.
· Promulgate rules and regulations.
Organization
Mission Statement, Goals and Objectives
DSWA’s mission, as defined in the Statewide Solid Waste Management Plan (SSWMP), is:
“Define, develop, and implement cost effective plans and programs for solid waste management which best serve Delaware and protect our public health and environment.”
Some of the goals listed in the 1994 SSWMP are:
· Recycle and reuse 35% of household solid waste discards through materials markets by 2001.
· Recover resources, including energy from at least 50% of combustible solid waste by 2001.
· Recover resources including energy from at least 70% of combustible solid waste by 2010.
· Plan a statewide system with potential for growth to meet the adopted goals for recycling and resource recovery.
· Maintain a 15 year reserve for statewide landfilling capacity.
Among the SSWMP objectives:
· Assess new technology through research and development, and incorporate the findings into new and existing projects.
· Incorporate flexibility into the Statewide Solid Waste Management Plan to adjust to future changes in waste characteristics.
· Identify special wastes generated in the State, evaluate current management practices, and recommend courses of action.
· Develop an effective coordinated public information program that promotes public acceptance and support of a Statewide solid waste management system.
Accomplishments, Opportunities and Challenges
DSWA identified the following as its most significant accomplishments: SSWMP, pg. 13.
· Since 1981, managing over 17 million tons of solid waste and sewage sludge.
· Design, construction, and operation of the Delaware Reclamation Plant which simultaneously processed 1,000 tons per day of solid waste from New Castle County and 250 tons per day of sewage sludge from the City of Wilmington into recyclable products. Since 1993, the DRP has not composted sewage sludge.
· Fiscally managing the development and implementation of statewide solid waste management projects with zero debt at the close of FY 2003.
· Development of Recycle Delaware program and the only statewide electronic goods recycling and oil filter recycling programs in the nation.
· Landfill gas recovery and reuse projects to use landfill gas as an alternative energy source.
· Numerous national and international awards for landfills, recycling projects and public outreach programs.
DSWA views the following as opportunities for improvement: JSC Questionnaire, pg. 15.
1. Automation of weigh scale functions to facilitate and expedite service to all customers.
2. Review and update the Statewide Solid Waste Management Plan to include an in-depth analysis of alternate waste management practices with an emphasis on recycling costs and environmental impacts.
3. Construct and operate landfill gas to energy power plants in Kent and Sussex Counties.
DSWA views the following as challenges: JSC Questionnaire, pg. 16.
1. Examining mechanisms for collecting user fees including one which creates an assessment at the county level.
2. Expanding services to the general public while maintaining the user fee at its current level. Increased population growth and demand for services result in increased operational costs to DSWA. New revenue mechanisms need to be explored to meet this funding challenge.
Policymaking Structure
Appointment and Removal
The DSWA is comprised of seven gubernatorial appointed directors each serving three-year terms. Senate confirmation is required.
The statute does not indicate how a director may be removed or who has the authority to do so, but §6403(b) states the Governor shall appoint an interim director in the event of a “failure of a director to perform his or her duties.” No Authority director has ever been removed under this provision.
The Governor designates a director as chairman who serves at the pleasure of the Governor. Directors must be residents of and be qualified to vote in the State. Additionally, there must be at least one director from each county and the City of Wilmington. Directors registered in either major political party shall not exceed the other major political party by more than one. 7 Del. C. §6403(d) The Board of Directors are:
Richard V. Pryor, Chair
Appointed: May 1989 and again in May 1993
Expires: Serves at the pleasure of the Governor
Occupation: Director of Economic Development,
City of Wilmington
| Ronald G. McCabe, Vice-Chairman
Appointed: July 1979
Expires: June 2004
Occupation: Retired
|
J. Donald Isaacs
Appointed: October 1975
Expires: April 2004
Occupation: Retired
| Theodore W. Ryan
Appointed: February 1979
Expires: March 2005
Occupation: Retired |
William J. DiMondi
Appointed: June 1997 and January 2004
Expires: January 2007
Occupation: Wyoming Concrete Industries, Inc.
| Timothy P. Sheldon
Appointed: January 2004
Expires: March 2005
Occupation: Field Agent/Bricklayers and
Allied Craftworkers Local Union
No. 1 of PA/DE |
One Board vacancy exists. The Governor’s Office is aware of it and is currently considering a list of potential candidates for appointment.
Authority directors are entitled to reimbursement for actual and necessary expenses incurred during the performance of official duties. 7 Del. C. §6403(d). No other compensation is provided.
Meetings and Public Hearings (Freedom of Information Act and Administrative Procedures Act)
In 1993 the JSC recommended that the DSWA adhere to Freedom of Information Act (FOIA) and Administrative Procedures Act (APA) requirements. DSWA has complied with the recommendation.
Public notices of Board and Committee meetings are published in statewide newspapers and posted at DSWA facilities. Meeting agendas are posted with the public notice in compliance with FOIA. JSC questionnaire, pg. 9. Meeting notices are also mailed to a list of eighty-nine (89) subscribers as had been recommended by the JSC. Additionally, as recommended by the JSC in 1994, all DSWA meetings are held in public meeting places, specifically in the DSWA Public Meeting Room located at the DSWA office in Dover.
All Board meeting minutes are transcribed and maintained as a permanent record of the DSWA. Copies of minutes are available to the public for review at the Authority’s main office in Dover. Standard procedures, including a FOIA form, have been adopted to address public record inquiries. JSC Questionnaire, pg. 8.
The Board of Directors periodically enters executive sessions. Generally, executive sessions are held for the purposes of discussing personnel, property acquisitions, and other legal matters. A review of meeting minutes from the past three years shows that the Board adheres to the appropriate FOIA procedures for entering executive sessions.
DSWA promulgates regulations to license garbage collectors, control the use of DSWA solid waste facilities and require reporting of solid waste in Delaware. DSWA complies with APA requirements including publication of regulatory changes in the Register of Regulations for public notice and review as well as notification of the public hearing schedule. DSWA holds public hearings and offers a public comment period following hearing.
DSWA Staff
As of August 1, 2003, DSWA staff consisted of 114 full time regular employees. There were also 4 vacancies at that time. With the exception of the Chief Executive Office, Chief Operating Officer, and a few appointed engineers, DSWA employees are mostly merit. 7 Del. C. §6405
The Chief Executive Officer (referenced in Code as the manager) must be a resident of the State, a registered professional engineer in the State, have obtained at least a masters degree in civil, mechanical or chemical engineering, have at least 10 years engineering experience including at least 3 years experience in the field of solid waste management. 7 Del. C. §6405(a). Among numerous responsibilities, the CEO recommends an organizational structure for implementing DSWA functions; recommends persons to be hired; and is responsible for the planning and implementation of a comprehensive statewide solid waste management program.
The CEO is N.C. Vasuki, P.E., DEE, who served as General Manager from 1976 to 1991 and as CEO/General Manager from 1991 to present. The Chief Operating Officer is Pasquale S. Canzano who served as Chief of Engineering from 1977 to 1991 and COO from 1991 to present. Other executive group members include Ronald J. Peters, Chief Financial Officer; Thomas E. Houska, Chief of Administrative Services; Richard P. Watson, Chief Engineer; and Virginia A. Creamer, Human Resources Administrator. An organizational chart is Attachment A.
Private Contractors
Many DSWA services and functions are provided by private contractors. By law, DSWA may enter contracts either on a negotiated or open-bid basis. 7 Del C. §6408. In FY 03, contractual services totaled $3.1 million.
In 1993, the JSC recommended that the DSWA produce a report documenting and opening its bid process. Since sunset review, DSWA’s developed specific contract procedures awarding contracts through a Request for Proposal (RFP) process.
RFP’s are noticed in statewide newspapers and may be advertised in local newspapers and other media depending on the nature and scope of the work required. DSWA staff recommends a contractor to the Board of Directors based on a review of the submitted RFP and subsequent interviews with the potential contractor. That recommendation must be approved by the Board of Directors at a public meeting before contract negotiations commence. The Board of Directors must also approve the final contract by vote at a public meeting. Generally, contracts are awarded to the lowest responsive bidder.
Interagency Agreements
DSWA coordinates solid waste management with other agencies or localities some of which include:
1. Department of Natural Resources and Environmental Control (DNREC). DREC regulates landfills among other related issues and requires DSWA to obtain permits for its projects in the same fashion as any other public entity or business.
In addition to permitting, DNREC and DSWA have several Memorandums of Understanding (MOU). One noteworthy MOU formalizes quarterly meetings between DSWA and DNREC to focus on policy issues and DSWA projects. This MOU addresses one 1994 JSC recommendation for both agencies to meet on a regularly scheduled basis to discuss issues of mutual concern.
2. State Planning Office. DSWA reviews its land use issues in accordance with the Livable Delaware Initiative. DSWA formalized an internal process for coordinating the development of its projects with the State Planning Office. A procedural regulation was adopted by the Board of Directors at a public meeting on January 22, 2003. JSC Questionnaire, pg. 17.
3. City of Wilmington. An 1995 MOA between DSWA and the City of Wilmington continues and maintains DSWA’s management of the stabilized sewage sludge product produced at Wilmington’s Waste Water Treatment Plant. The MOA was restated in 1997 to provide for the City of Wilmington to pay debt service to DSWA and DSWA to accept stabilized sewage sludge for use at the Cherry Island Landfill at no fee to the City. The 1997 MOA ended in June 2003 and stabilized sewage sludge is now accepted without charge to the City for use in regrading the closed Pigeon Point Landfill.
Budget
DSWA prepares and annual budget based on a fiscal year beginning on July 1 and ending on June 30. The budget process is the prime responsibility of the Chief Financial Officer for its final preparation and presentation to the general public and Board of Directors for approval. Budgetary needs are determined principally by active contracts with the private sector and the operational needs dictated by DSWA’s programs and facilities. Operational costs, including capital costs, are to be recovered through revenues derived from DSWA's user fees. JSC Questionnaire, pg. 32.
DSWA’s Fiscal Year 2004 proposed budget is $47.9 million. Budget highlights include: DSWA Meeting Minutes, March 27, 2003.
· Zero debt.
· Employee expenses increased from $5.4 million in FY 03 to $5.6 million.
· Professional services increased from $1.5 million in FY 03 to $1.7 million.
· Contractual services increased from $3.1 million in FY 03 to $3.3 million.
· Other expenses, including travel, remained relatively constant.
· Revenue from user fees is expected to be $42.3 million.
· Revenue from recyclables for FY 04 is expected to be $500,000.
In 1993, the JSC expressed concern with DSWA’s legal expenses. Since sunset review, legal fees have been between .44% and 2% of total operating costs, depending on the legal matters brought before the Authority. JSC Questionnaire, pg. 12.
The FY 04 Budget is included as Attachment B.
DSWA and the Public
Education and Outreach
DSWA has developed numerous educational materials for students and teachers including: JSC Questionnaire, pg. 20-24.
· Trash Can Dan and the Clean Up Kids designed for elementary students. There are currently over 7,600 Clean Up Kids members.
· Great Waste Mystery curriculum designed for grades 6-8 to promote responsible behavior and increase awareness of solid waste management practices. DSWA trained 440 Delaware teachers to use the curriculum.
· Activity and coloring books, lesson plans, and other interactive activities.
· Proton Dan Refuse Burning and Safe Alternatives Video for middle school students and up addresses hazards and illegality of refuse burning and discusses safe alternatives.
Public outreach efforts include:
· Annual Earth Day Festivals promoting recycling and reuse
· Solid Waste Forums
· Public Workshops
· Public tours of DSWA facilities
· Program brochures and quarterly newsletters (Trash Tracks)
· Radio series (Talking Trash)
· DSWA website (www.dswa.com)
· Citizen Response Line provides a toll-free number (1-800-404-7080) for residents to voice concerns or request information. It is staffed by one full time employee and is available from 8:00 a.m. to 4:30 p.m. Monday through Friday.
Community Cleanup Initiative Program
The Community Cleanup Initiative Program provides a landfill use credit for each state representative and state senator to designate to a local community service or non-profit agency. Credits ($1,000 per Representative and $2,000 per Senator) are used by the designee to offset any landfill costs associated with community cleanup programs. JSC Questionnaire, pg. 52.
Public Complaints
In 1993, the JSC recommended the DSWA begin a system of tracking complaints, separating citizen complaints from licensee complaints. DSWA has complied with this recommendation.
Public complaints are generally received by the Citizen Response Line (CRL). All calls are logged and, if a complaint, a brief summary of the call is written and then forwarded to the appropriate program or facility manager to address. All calls are logged into a database and the database is used to evaluate program or staff needs and performance evaluations. JSC Questionnaire, pg. 54.
In CY 2001, the CRL received 20 complaints; 30 complaints in CY 2002 and 58 complaints in CY 2003. Most complaints concern either the RECYCLE DELAWARE program or the Household Hazardous Waste program. Staff has noted that the number of recycling complaints had increased, requiring either additional staff to improve operations, a change in the number of bins at some locations, or search for additional centers.
Beginning in Fall 2002, DSWA received numerous complaints about odors from the Cherry Island Landfill. The Authority has responded by participating in DNREC’s odor roundtable, participating in studies with the University of Delaware, and has initiated permits to expand Cherry Island’s landfill gas system.
DSWA also processes license related complaints and if necessary, will issue a Notice of Violation. All complaints are processed according to DSWA’s Compliance Standard Operating Procedure, which requires complaints to be logged, assigned a complaint number, investigated, and reports written if necessary. The complainant is also contacted with the investigations outcome, if so chosen to be. JSC Questionnaire, pg. 53.
Municipal Solid Waste Management in Delaware
Under EPA’s definition, municipal solid waste (MSW) includes waste from residential, commercial, institutional, and some industrial sources. It does not include wastes that are typically landfilled with MSW such as municipal sludge, construction and demolition debris, tires, and other nonhazardous material.
Quantity of MSW
In Fiscal Year 2003, DSWA managed over 900,000 tons of solid waste statewide. Of that total, over 600,000 tons were managed in New Castle County; 100,000 tons in Kent County; and over 200,000 tons in Sussex County.
Over time, MSW quantities have changed as a result of population growth, economic factors, or a combination of both. Prior to 1991, MSW managed by DSWA grew rapidly. Between 1991 and 2000 MSW tonnage decreased and flattened. Since 2000, MSW tonnage has increased gradually.
Waste Stream Characteristics
MSW is characterized as either residential or commercial/industrial waste. About 50 percent of the MSW stream is residential waste and about 50 percent is commercial/industrial waste.
The following graph shows the aggregate MSW stream composition Waste stream composition is determined by analyzing landfills. The most recent waste composition study is from 1997 in which DSWA hired an outside contractor to analyze Delaware’s four landfills.:
Not included in MSW waste stream is infectious medical waste and hazardous waste. Both of those wastes are prohibited from DSWA’s landfills in accordance with DNREC regulations. Infectious medical wastes are treated and disposed outside of Delaware. DNREC regulates healthcare wastes and is responsible for enforcing those regulations.
MSW Collection
The tipping (user) fee system is mandated in DSWA’s enabling legislation. Prior to 1992, DSWA provided solid waste disposal services on a county basis and charged tipping fees for those facilities located within each county. In 1992, DSWA switched to a Statewide User Fee System.
User fees are established through public hearings and are collected by unit weight or flat fee depending on the customer. JSC Questionnaire, pg. 47. The table below outlines user fees for FY 03:
The current solid waste tipping fee of $58.50 has been held constant for eleven (11) years. User fees reflect the cost of system operations including debt service and cost increases due to regulatory adjustments. Statewide Solid Waste Management Plan, pg 14. The average cost of household solid waste collection represents approximately 68 percent of the total cost to the homeowner of household solid waste management, with the balance of the cost incurred for disposal. Ibid.
Regional Tipping Fees
Tipping fees for the Northeast Region vary from the lowest of $39/ton in Virginia to the highest of $70/ton in Vermont. Pennsylvania’s and New York’s state average tipping fee is $55/ton; Maryland’s state average is $48/ton; New Jersey’s state average is $60/ton; and New Hampshire’s state average is $66/ton. Sources: Mid-Atlantic States Municipal Waste Matrix, May 1999; New Hampshire Solid Waste Management Bureau; Vermont Waste Management Division of Solid Waste.
Licensing
Forty-six (46) licensed DSWA collectors and transporters collect solid waste in Delaware (32 licensed private collectors and 14 licensed municipal collectors). JSC Questionnaire, pgs. 17 and 44. Of the 898,000 tons of waste managed by DSWA in FY 2002, 758,000 tons (85 percent) were collected by licensed haulers. Two licensed collectors, Waste Management, Inc. and BFI, collect over half of the MSW in Delaware.
Among other licensure standards, collectors and transporters are required to obtain a DNREC Solid Waste Transporters Permit and understand which wastes are and are not acceptable at DSWA facilities. There is no fee to obtain a license from DSWA but DNREC collects a fee ($300) per truck per year for all transporters of solid waste. Unlike Delaware, the States of New Jersey, Pennsylvania, and New York all have state licensure fees.
In 1999, DSWA developed a contractual rebate program, called the Differential Disposal Fee Program (DDFP), in response to an earlier U.S. Supreme Court decision, which subjected flow control practices to federal scrutiny and significantly changed how waste managers protected their financial investment. The DDFP provides an incentive for licensed collectors to sign an exclusive use contract with DSWA. In return, DSWA pays the DDFP licensed collector an annual rebate based on the tonnage delivered. JSC Questionnaire, pg. 18. This practice helps to ensure waste is disposed of at a DSWA facility rather than non-DSWA facility. Currently 99 percent of the eligible tonnage is under contract through June 30, 2005.
MSW Disposal
DSWA has primarily relied on landfilling for waste disposal but also uses or has used waste-to-energy (1990-2000), materials and resource recovery (1982-1993), voluntary drop-off recycling (1990 to present), and subscription curbside recycling (2003 to present).
Landfills
DSWA manages four landfills statewide. Three are active and include: Cherry Island in New Castle County, Sandtown in Kent County, and Jones Crossroads in Sussex County. Pigeon Point landfill closed in 1985 but the DSWA continues to manage post closure responsibilities as required by the EPA.
In Fiscal Year 2003, almost 900,000 tons of trash was landfilled. Most of the material landfilled was MSW (858, 817 tons). The remainder was composed of: construction and demolition debris (37,306 tons), asbestos (2,468 tons), sludge (888 tons), and shredded tires (322 tons).
Northern Solid Waste Management Center (NSWMC) – Cherry Island
Opened: 1981
Description: Cherry Island Landfill (CIL) is located on a 513-acre site in Wilmington. Another 160 acres of land adjacent to the landfill is owned by DSWA but is in use by the Army Corps. of Engineers until 2009 or until the Army Corps. finds another site for dredging.
CIL was constructed with a height limit of 176 feet. Currently, CIL stands 105 feet.
Unique to the CIL is its construction atop 50-60 feet of dredged materials, or spoils, that settles to form a natural liner meeting EPA and DNREC regulations for landfill construction.
Tonnage of Waste Managed: 525,000 tons each year from 190,000 New Castle County Households.
Cost: $31 million capital investment from 1985-2000.
Landfill Life: 2006 without repairs and expansion. 2037 with repairs and expansion.
Landfill composition: Mostly paper, organics and yard waste. More paper and organic products are delivered by the commercial sector than the private while the residential sector disposes more yard waste (45,684 tons) than the commercial sector (4,162 tons).
Issues: In 2003, DSWA proposed a $66 million repair and expansion project. This project would expand CIL’s height to 290 feet and repair a layer in the landfill that, if left as is, would require CIL waste to be shipped elsewhere in seven years. DSWA Meeting Minutes, February 15, 2001.
DSWA considered several alternatives to CIL expansion including: a materials recovery facility, shipping some MSW to an out of state waste-to-energy plant, building a new landfill, transferring MSW to the Central Solid Waste Management Center, and several others. DSWA selected vertical expansion of CIL because it was shown to provide solid waste management for NCC until 2037.
DNREC approval of the DSWA’s permit applications for CIL repairs and expansion and landfill gas system expansion are pending.
Central Solid Waste Management Center (CSWMC)
Opened: 1980
Description: The CSWMC is located in Sandtown, 13 miles southwest of Dover. The CSWMC site encompasses 529 acres of which 160 acres is or will be used for landfilling. The remainder is used for buffers. CSWMC also uses and active landfill gas collection system. It is operated by George and Lynch, Inc. Statewide Solid Waste Management Plan, pg. 32.
Tonnage Managed: 400 tons per day or approximately 125,000 tons per year.
Cost: $24 million capital investment from 1985-2000.
Landfill Life: 2016 at the current active cell. 2063 for the entire site.
Landfill Composition: Mostly paper, plastic and organics.
The Southern Solid Waste Management Center (SSWMC)
Opened: 1984
Description: SSWMC is located at Jones Crossroads west of Millsboro. The SSWMC encompasses 570 acres including 200 acres used for landfilling and 370 acres used for buffers and other purposes. Because of the high water table, the SSWMC landfill is constructed entirely above ground. Statewide Solid Waste Management Plan, pg. 32.
Tonnage Managed: 606 tons per day or approximately 200,000 tons per year.
Cost: $42 million capital investment from 1985-2000.
Landfill Life: 2014 for the current active cell. 2036 for the entire site.
Landfill Composition: Mostly paper, plastics, and organics.
Collection and Transfer Stations
Collection and transfer stations facilitate MSW disposal throughout the state. Collection stations are small solid waste disposal sites located in rural areas of Sussex and Kent Counties. These facilities accept bagged MSW from residents in roll-off boxes. The boxes are then taken to a DSWA landfill for final disposition. JSC Questionnaire, pg. 46. Collection stations are located in Omar, Longneck, Bridgeville, Ellendale, and Cheswold.
Transfer stations receive MSW from both commercial and residential customers. MSW is placed in transfer trailers and taken to a landfill for final disposition. There are two existing transfer stations (Pine Tree Corners and Pigeon Point Transfer Station). Three proposed transfer stations include Milford, Route 5, and Dover transfer stations. Permit applications for Milford and Route 5 transfer stations have been submitted to DNREC. The Dover transfer station is in the planning stage.
Recycling
The Waste Reduction and Recycling Act of 1990 mandated the inclusion of the following provisions, to the extent possible, as part of the Statewide Solid Waste Management Plan: §6452.
1. Long term planning of a coordinated program of source separation of recyclable materials and the utilization of large scale resources recovery projects.
2. Establishment of recycling centers.
3. Development of a marketing program for state, national or international sale of recovered materials.
4. Development of an informational program and establishment of specifications for delivery of source separated recyclable materials to recycling centers to assure marketability of recovered materials.
5. Development of a recycling program in cooperation with the private sector.
6. Development of a coordination/cooperation program with public interest groups and municipalities.
7. Development of a public education and recycling promotion program.
8. Development of a program to source separated materials, which are harmful to the environment.
9. Development of a registration and information gathering system regarding the nature and extent of recycling and waste reduction undertaken throughout the state.
10. Development of incentive programs to encourage local and statewide recycling and waste reduction.
Additionally, the General Assembly listed the following materials as recoverable: newsprint, computer paper, white paper, cardboard, plastics, ferrous and non-ferrous metals, white goods, yard waste, used motor oil, asphalt, batteries, and household paint containers.
RECYCLE DELAWARE
DSWA responded to the Waste Reduction and Recycling Act with a statewide voluntary recycling program, called RECYCLE DELAWARE, consisting of 140 drop-off centers located throughout the state. Drop-off centers are open 7 days a week, 24 hours a day and are free to use.
In addition to drop-off sites, in 2003, DSWA began a subscription curbside recycling program for all residents of Northern New Castle County. This subscription program provides a weekly collection service for $6 per month. Customers may have yard wastes collected and recycled for an additional $3 per month. Four hundred (400) have enrolled in the program since it began. DSWA August 14, 2003 Meeting Minutes.
Other key services of the RECYCLE DELAWARE program include:
1. Electronic Goods Recycling collects discarded electronic goods for residents, schools and businesses currently at no cost. There are six locations statewide available for drop-off.
2. Household Hazardous Waste Collection provides a free drop off program for all residents. Four collection events are held each year.
3. Tire Recycling. DSWA separates tires for recycling at each landfill site. Tires are shipped to a private facility for use as a fuel substitute. Forty percent of total tires are recycled.
4. White Goods (used/discarded appliances). DSWA separates white goods from the waste stream for Freon removal and recycling.
5. Oil and oil filter collection. Guardian Inc. collects the oil for DSWA at the Intermediate Processing Facility and transports to Motiva. Motiva re-refines the oil for resale as a petroleum product. Guardian and Motiva provide their services at no cost to DSWA.
RECYCLE DELAWARE materials are processed at the Intermediate Processing Facility in Wilmington.
In FY 2003, the RECYCLE DELAWARE program collected 27,785 tons of material. Of that total, 24,944 tons (89%) was sold to markets, 972 tons (3.5%) was sent to the landfill, and the remaining 1,869 tons were provided to vendors/contractors.
In addition to DSWA, there are several private sector recyclers in Delaware. DSWA requires any facility operating for the purpose of recycling to file an annual report. In FY 2002, 379 companies reported to the DSWA that they had conducted recycling activities. These 379 companies identified 1.5 million tons of recycled material by the private sector.
Diversion Rates
A diversion rate refers to the tonnage of recyclables, reusables, compostables, and combustibles received divided by the total discards and multiplied by 100. The diversion rate can also be thought of as a landfill avoidance percentage.
Delaware’s MSW diversion rate in 2000 was 21 percent compared nationally to 28 percent. The Second Annual Report of the Recycling Public Advisory Council, January 2003, referencing two reports from the Franklin Associates. The MSW diversion rate accounts for both residential and commercial diversion of waste. Generally, the commercial sector diverts waste at higher percentage than does the residential sector.
Much of the focus in Delaware concerns the residential solid waste (RSW) diversion rate. Delaware’s RSW diversion rate is approximately 13 percent. The Second Annual Report of the Recycling Public Advisory Council, January 2003. New Castle County’s RSW diversion rate is 6 percent.
Both RSW rates are well below the 30 percent RSW diversion goal established by Executive Order 82 signed by Governor Carper in 2000. Executive Order 82 also established the Recycling Public Advisory Council (RPAC) and specifically charged it to assist DSWA and DNREC with achieving the RSW diversion goal.
In 2002, RPAC contracted with DSM Environmental Services to evaluate the quantities of material diverted and costs for an enhanced residential recyclables collection and processing system in New Castle County. New Castle County was the focus of the study because it generates 60 percent of the total RSW generated in the state.
The DSM study only included recyclables, leaf, and yard trimmings generated by NCC households. The report’s major conclusions were:
· Achieving a 30 percent RSW diversion rate in NCC will take a combination of organized curbside recycling, expanded leaf collection programs, a requirement to mulch grass clippings, and construction of a new Materials Recovery Facility to process the recyclables.
· An organized dual stream, bi-weekly collection of recyclables countywide or an organized single stream collection of recyclables countywide have lower costs than continuing to landfill the refuse.
· Adding curbside recycling collection to the existing refuse collection system would require a household fee of $1.80 - $2.60/month.
· Yard trimmings comprise 23 percent of the residential waste stream. Potentially, 39, 200 tons of leaf and grass waste could be recovered from the waste stream for a 15 percent impact on the recycling rate. Yard waste collection and processing costs would be $11/household/year for leaf wastes and $31/household/year from grass clippings.
RSW Diversion Rates in Other States
Caution should be used when comparing Delaware to other states or the nation as whole because there is little consistency in the methodology used for calculating recycling or diversion rates. Nonetheless, there is value to understanding how other localities divert waste from their landfills.
The Institute for Local Self Reliance (ILSR) published a study for the EPA showing that 18 communities have diverted between 40 percent to 65 percent of their RSW stream by recycling and composting. Cutting the Waste Stream in Half: Community Record Setters Show How. EPA Report 5300-R-99-013. http://www.epa.gov/osw. Specific data on each of the programs is provided on the next page.
WASTE REDUCTION RECORD SETTERS
(Source: Institute for Local Self-Reliance, Washington, D.C. 1999)
Community | Character | Population | Residential Waste
Generated (tons) | Recycling Level | Compost Level | Net Program
Costs / HH 3/Year |
| Ann Arbor, MI | Urban, college town | 112,000 | 47,900 | 30% | 23% | $ 78 |
| Bellevue, WA | Suburban, urban | 103,700 | 39,190 | 26% | 34% | $ 236 |
| Bergen Co., NJ | Suburban (70 towns) | 825,400 | 693,840 | 17% | 32% | NA |
| Chatham, NJ | Suburban borough | 8,300 | 8,010 | 22% | 43% | $ 228 |
| Clifton, NJ | Suburban, urban | 75,000 | 54,211 | 16% | 28% | $ 178 |
| Crockett, TX | Small rural city | 8,300 | 2,710 | 20% | 32% | $ 69 |
| Dover, NH | Small rural city | 26,100 | 9,460 | 35% | 17% | $ 73 |
| Falls Church, VA | Suburban | 10,000 | 6,660 | 25% | 40% | $ 215 |
| Fitchburg, WI | Small rural city | 17,300 | 4,150 | 29% | 21% | $ 108 |
| Leverett, MA | Rural town | 1,900 | 650 | 31% | 23% | $ 51 |
| Loveland, CO | Small residential city | 44,300 | 17,970 | 19% | 37% | $ 85 |
| Madison, WI | Urban, college town | 200,900 | 88,580 | 16% | 34% | $ 175 |
| Portland, OR | Urban | 503,000 | 172,830 | 23% | 17% | $ 211 |
| Ramsey Co., MN | Urban, suburban, rural | 496,100 | 673,300 1 | 39% 2 | 8% 2 | $ 237 |
| San Jose, CA | Urban | 873,300 | 433,576 1 | 19% | 26% | $ 187 |
| Seattle, WA | Urban | 534,700 | 288,106 1 | 29% | 21% | $ 155 |
| Visalia, CA | City in rural area | 91,300 | 50,810 | 16% | 33% | $ 202 |
| Worcester, MA | Urban | 169,800 | 57,570 | 27% | 27% | $ 75 |
1 Represents municipal solid waste (residential, commercial, and institutional waste streams).
2 Represents percentage of municipal solid waste composted as Ramsey County does not track residential materials separately from other MSW.
3 Net RSW program costs divided by the number of households served. Net RSW program cost is the cost of RSW program plus the costs of trash collection and disposal minus materials recovery.
DMS # 0011420141
Common strategies used by the communities identified in the ILSR report are:
1) Targeting a wide range of recyclables. The communities recover between 17 and 31 different types of materials from the waste stream.
2) Composting. For 10 of 18 communities, composting accounts for more than half of all residential waste reduction.
3) Convenience. Residents are more likely to participate if recyclables collection is frequent and uncomplicated. Curbside recycling combined with drop off sites increases the likelihood that residents will recycle. Sixteen of the 18 communities have curbside recycling programs.
4) Pay as you Throw (PAYT) Trash Fees. Under PAYT systems, residents pay by volume or weight for the trash they set out at the curb. The fees are a direct economic incentive to recover more and pay less. Eleven of the 18 communities use PAYT systems.
5) Mandatory Participation. Eleven of the 18 communities require residents to source separate their trash or ban the set-out of designated materials with their trash.
Funding Recycling Programs
DSWA funds the RECYCLE DELAWARE program through a surcharge on the per ton user fee charged at DSWA owned and operated landfills. JSC Questionnaire. Fiscal Year 2003 costs for Recycle Delaware were $4.8 million and the revenues from the sale of recycled material were $1.1 million for a net loss of $3.7 million.
In 2003, DNREC had $57,000 available for recycling assistance grants ($50,000 allotted by the Legislature, plus $7,000 carried over). Second Annual Report of the RPAC, January 2003, Executive Summary, pg. iii. Grant money is used to implement waste diversion initiatives for primarily small municipalities who are starting or expanding recycling programs. For example, The City of Rehoboth Beach used grant money to establish recycling at the beach in which 9,000 pounds of aluminum cans and 5,000 pounds of plastic bottles that would have otherwise been landfilled were recycled. Camden and Delaware City also implemented projects with the assistance of grant funds.
The Citizen’s Work Group on Recycling, in 2000, concluded grant funding of at least $500,000 per year would be needed to increase the RSW diversion rate to 25 percent.
Funding mechanisms used by other states include taxing the consumer or offering companies tax credits as an incentive to buy recycled materials.
Solid Waste Management in Other States
All states landfill and have recycling programs of some type. Some also integrate waste-to-energy (WTE) facilities, also known as incinerators, into their solid waste management plan.
In Delaware, SB 280 prohibits incinerators within a three mile radius of any church, school, or residence. It is not the purpose of this section to advocate for or against amending that law. The following paragraphs briefly explain the WTE technology and provide an overview of some of the benefits and costs derived from solid waste incineration.
WTE facilities turn trash into steam or electricity to power homes and industry through the process of combustion. There are approximately 102 WTEs in 31 states processing 30 million tons of trash each year. The technology is also used worldwide, most notably in Germany, Netherlands, Sweden, Switzerland, Denmark, France, and Japan.
WTE technology may be one of three main types:
· Mass-burn facilities generate energy by feeding mixed MSW into large furnaces dedicated solely to burning trash. The resulting energy produces steam or electricity. Mass burn facilities generally have a materials recovery facility on-site or close by to separate recyclables prior to burning.
· Refuse derived-fuel plants remove recyclable materials and noncombustibles, then shred or process the combustible fraction of the waste stream into a relatively uniform solid fuel.
· Modular facilities are similar to mass burn plants but are smaller, prefabricated plants that can be quickly assembled where they are needed.
Federal Maximum Achievable Control Technology (MACT) promulgated in 1995 strictly regulates WTE emissions by requiring WTE facilities to upgrade their pollution control technology. MACT equipment is designed to destroy harmful organics and dioxins through the combustion process and was also designed to prevent the release of greenhouse gases. Waste Age, pg. 8, August 2002. Specifically, EPA data shows that since 1990 dioxin emissions from WTE facilities have decreased by more than 95 percent, lead emissions by 90.9 percent, mercury emissions by 95 percent, particulate matter by 89 percent, sulfur dioxide by 86.7 percent, and nitrogen oxides emissions by 17.6 percent. Ibid. EPA also reports that dioxin emissions from WTE facilities represent less than 1 percent of the nation’s dioxin sources.
Technology has considerably changed how WTEs operate but it has not changed the controversy surrounding them. On one hand, WTE can offer the following benefits: Making a Clean Energy Source Cleaner, The AIMS Coalition.
· WTEs reduce the volume of trash landfilled by up to 90 percent.
· WTEs generate about one-quarter of total biomass generation. Biomass (materials like paper, wood, cloth, food waste) is renewable energy and accounts for 1.4 percent of the total electricity market. Renewable energy totals slightly more than 2 percent of the electricity market.
· WTE power is cleaner than other fossil fuels (coal, oil, and natural gas).
· WTE and recycling are compatible. WTEs use magnets and other devices to recover metals for recycling. As a result, EPA has reported that WTE plants have a 33 percent recycling rate compared with the 28 percent national average.
On the other hand, WTEs are often viewed as a source of pollution that may cause serious health and environmental effects. Some issues are:
· Asthma. Certain outdoor air pollutants exacerbate asthma symptoms. Because WTEs are a source of air pollutants such as fine particulates and sulfur dioxide, they likely will continue to be monitored for their impact on respiratory diseases.
· Dioxin toxicity. Dioxins are distributed into the environment as part of WTE stack gases and ash. Some research has demonstrated that dioxins may cause adverse effects upon the immune and nervous systems and is often associated with cancer. Incineration and Human Health, http://www.greenpeace.org.
· Metals toxicity. Metals from WTEs are distributed among ash and stack emissions. Mercury emission is a concern because it can accumulate in fish and other animals which in turn may be digested by people. Mercury can also contaminate local soil and vegetation. Ibid.
· Ash disposal. At issue is whether metals contained in WTE ash are harmful if disposed in a landfill or used as landfill cover. It has been suggested by Greenpeace and other environmental groups that metals from ash may leak into and contaminate soil and groundwater. Ibid.
Because of the potentially adverse health and environmental impacts, WTE opponents call for alternative ways to handle waste specifically through zero waste policies and recycling programs.
Lastly, WTEs are a significant economic investment. Typical construction costs are $200 million.
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