ISSUE DATE        CLOSING DATE    CLOSING TIME

AUGUST 1             JULY 15 		4:30 P.M

SEPTEMBER 1          AUGUST 15 		4:30 P.M

OCTOBER 1	     SEPTEMBER 15       4:30 P.M

NOVEMBER 1           OCTOBER 15		4:30 P.M

DECEMBER 1           NOVEMBER 15        4:30 P.M

Pursuant to 7 Delaware Code, Section 6403 (i), 6403 (j), 6403 (k), 6403 (l), 6406 (a) (11), 6406 (a) (13), 6421 and other pertinent provisions of 7 Delaware Code, Chapter 64, the Delaware Solid Waste Authority (DSWA) will conduct a hearing to consider an amendment to the following documents:

(a) Statewide Solid Waste Management Plan (adopted May, 1994), and

(b) Regulations of the Delaware Solid Waste Authority (adopted October 1997)

(c) Differential Disposal Fee Program (new fee structure)

The hearing is to provide opportunity for public comment on the proposed amendments. The public record will close at the close of the Hearing.

The hearing will be held February 23, 1999 at 7:00 p.m. in the Public Meeting Room of the Delaware Solid Waste Authority, 1128 South Bradford Street, Dover, DE 19903.

Copies of the proposed amendments will be available February 1, 1999 from the Delaware Solid Waste Authority upon request. The proposed amendments will also be published in the February 1, 1999 edition of the "Register of Regulations."

If you have any questions regarding the hearing, please contact T. E. Houska, Chief of Administrative Services, Delaware Solid Waste Authority, P.O. Box 455, Dover, Delaware 19903-0455 or call (302) 739-5361. Mr. Houska can also be reached by e-mail: teh@dswa.com.

T. E. Houska II, P.E.

Chief of Administrative Service

Statewide Solid Waste Management Plan (adopted May, 1994)

Contents

I. Purpose And Authorization 2

II. Definitions 2

III. Collection And Licensing 4

IV. Use of Solid Waste Facilities 11

V. Industrial Process Solid Waste 12

VI. Other Solid Waste Projects 13

VII. Operating in a Solid Waste Facility 13

VIII. Recycling 15

IX. Transfer Station Requirements 16

X. Infectious Waste (Reserved) 17

XI. X Review, Enforcement And Sanctions 17

Exihibit A License Application Form

Exihibit B Transfer Station Monthly Solid Waste Report

*Please note that the above page numbers refer to the original document and not to the Register.

I. PURPOSE AND AUTHORIZATION

These Regulations* are adopted pursuant to the Act to achieve the goals set forth therein.

II. DEFINITIONS

"Act" means the Delaware Solid Waste Authority Act, 7 Del. C. Ch. 64.

"CEO" means Chief Executive Officer and Manager of DSWA.

"Chairman" means the Director designated by the Governor as chairman of DSWA in accordance with 7 Del. C. Section 6403(a).

"Department" means the Department of Natural Resources and Environmental Control of the State of Delaware.

"Directors" means the directors of DSWA holding office in accordance with 7 Del. C. Section 6403.

"Dry Waste" means wastes including, but not limited to, plastics, rubber, lumber, trees, stumps, vegetative matter, asphalt pavement, asphaltic products incidental to construction/demolition debris, or other materials which have reduced potential for environmental degradation and leachate production.

"DSWA" means the Delaware Solid Waste Authority, an instrumentality of the State of Delaware, existing pursuant to the Act.

"Hazardous Waste" means a solid waste, or combination of solid wastes, which because of its quantity, concentration, or physical, or chemical characteristics may cause or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating irreversible illness, or poses a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported or disposed of, or otherwise managed. Without limitation, included within this definition are those hazardous wastes listed in Sections 261.31, 261.32 and 261.33 of the Delaware Regulations Governing Hazardous Waste and those solid wastes which otherwise exhibit the characteristics of a hazardous waste as defined in Part 261 of the Delaware Regulations Governing Hazardous Waste.

"Industrial Process Solid Waste" means solid waste produced by or resulting from industrial applications, processes or operations and includes, by way of example and not by way of limitation, sludges of chemical processes, waste treatment plants, water supply treatment plants, and air pollution control facilities and incinerator residues, but does not include the solid waste generated at an industrial facility which is comparable to municipal solid waste, such as cafeteria waste, cardboard, paper and pallets, crates or other containers constructed of and containing non-hazardous combustible material.

* The Department also has promulgated regulations pertaining to solid waste disposal.

"Junkyard" means an establishment or place of business which is maintained, operated or used for storing, keeping, buying or selling junk or wrecked, scrapped, ruined or dismantled motor vehicles or motor vehicle parts.

"Licensee" means a person holding a license issued by DSWA pursuant to Article III of these Regulations.

"Municipality" means a county, city, town or other public body of the State of Delaware.

"Person" means any individual, partnership, corporation, association, institution, cooperative enterprise, municipality, commission, political subdivision, or other duly established legal entity.

"Solid Waste" means any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant or water pollution control facility and other discarded material, including solid, liquid, semi-solid or contained gaseous material, resulting from industrial, commercial, mining and agricultural operations, and from community activities, but does not include solid or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permits under Section 402 of the Federal Water Pollution Control Act, as amended, or source, special nuclear, or by-product materials defined by the Atomic Energy Act of 1954, as amended, or materials separated on- site by the generator thereof for further use, service or value.

"Solid Waste Facility" means any landfill, recycling project, including waste to energy projects, collection station, transfer station, or other solid waste processing or disposal facility or project operated by, on behalf of, or under contract with DSWA.

"Toxic Substance" means any chemical substance or mixture that may present an unreasonable risk of injury to health or the environment.

"Transfer Station" means any facility where quantities of solid waste delivered by vehicle are consolidated or aggregated for subsequent transfer by vehicle for processing, recycling or disposal.

III. COLLECTION AND LICENSING

3.01 No person shall collect, transport, and/or deliver solid waste in the State of Delaware without first having obtained a license from DSWA, provided, however, that:

a. persons transporting and delivering solid waste that they created on their premises resulting from their activities shall not be required to obtain a license therefore; and

b. persons collecting, transporting and/or delivering solid waste in the course of their employment by a person holding a license from DSWA shall not be required to obtain a license therefore; and

c. a license shall not be required for the collection, transportation, or delivery exclusively of dry waste, leaves, street and storm sewer cleaning materials, agricultural wastes or those materials identified in paragraph 4.02 (a) - (e) of these Regulations.

3.02 Each Licensee shall deliver solid waste collected in Delaware to a Solid Waste Facility. DSWA, based upon the CEO's determination of threat to public health or welfare or other emergency, may designate a specific Solid Waste Facility.

3.02 With respect to solid waste delivered to Solid Waste Facilities, the CEO, based upon a determination of threat to public health or welfare or other emergency, may designate a specific Solid Waste Facility for use.

3.03

a. Each Licensee shall clearly display on both sides of the vehicle:

i. the license stickers provided by DSWA which are the property of DSWA and subject to cancellation, suspension and/or revocation. The license stickers shall be legible at all times and shall be placed in an area of high visibility to allow immediate identification by DSWA Weighmasters and Compliance Officers. License stickers shall be not be placed on fuel or hydraulic tanks or reservoirs, or areas where the operation of mechanical parts would impair the visibility of stickers;

ii. the Licensee's business name with letters at least three (3) inches high and of a color that contrasts with the color of the vehicle. No name other than the Licensee's business name shall be displayed. A regularly used business logo may also be displayed.

b. Licensees shall maintain business offices and phone numbers as follows:

i. Licensees who collect on a yearly average 100 tons per month or more:

(a) each Licensee shall maintain a manned business office location or locations and designate a representative in responsible charge thereof;

(b) each Licensee shall provide his business office street address in addition to a Post Office Box;

(c) telephone coverage with a Delaware telephone number listed in the appropriate Delaware Telephone Directory in the business name of the Licensee shall be maintained by a responsible and authorized person at the main office during normal business hours. Licensees with main offices located outside of the State of Delaware may utilize a call forwarding service so that a Delaware telephone number may be dialed to reach an out-of-state office. An answering machine shall not satisfy this; and

(d) notification regarding any change of business location or telephone number shall be provided to DSWA in writing at least fifteen (15) days prior to such change.

ii. Licensees who collect on a yearly average less than 100 tons per month:

(a) each Licensee shall provide a street address in addition to a Post Office Box for the business office or dwelling that is able to receive correspondence. A Post Office Box shall not satisfy this requirement;

(b) telephone coverage with a Delaware telephone number listed in the appropriate Delaware Telephone Directory in the business name of the Licensee shall be maintained by the Licensee during normal business hours. Licensees with main offices located outside of the State of Delaware may utilize a call forwarding service so that a Delaware telephone number may be dialed to reach an out-of-state office. An answering service may be utilized. An answering machine shall not satisfy this requirement; and

(c) notification regarding any change of business location or telephone number shall be provided to DSWA in writing at least fifteen (15) days prior to such change.

3.04

a. Each Licensee shall maintain insurance at the following minimum amounts:

i. Automobile liability: $350,000 combined bodily injury and property damage per occurrence;

ii. General liability: bodily injury $300,000 per occurrence; property damage: $100,000 per occurrence; and

iii. Workman's Compensation as required by law.

b. Each Licensee shall provide to DSWA new certification of the coverages specified in subsection 3.04(a) including a certification within ten (10) days of renewal. Each such certification of insurance shall provide that DSWA receive at least thirty (30) days advance notice of any canceled, discontinued, or diminished coverage.

3.05 Each Licensee shall maintain collection vehicles to comply with the following minimum requirements:

a. Each collection vehicle body shall be maintained to prevent fluids from discharging onto the surface of the ground.

b. Each collection vehicle body shall be capable of being readily emptied.

c. Each collection vehicle shall be kept in a as much of a sanitary condition as to control the presence of vectors.

d. Containers, boxes, and other devices excluding open top trailers referred to as roll-offs, used by Licensees for collection of solid waste in excess of thirty (30) gallon capacity shall be enclosed to reduce fluid leakage or collection of water.

e. Each collection vehicle shall be equipped so that it can be readily towed, and maintained in good operational condition for safe and stable operation and/or navigation in or about a Solid Waste Facility.

f. Each collection vehicle used or proposed for use by an applicant or Licensee and the contents of any collection vehicle shall be subject at all times to inspection by DSWA.

g. All roll-off containers used for collecting, transporting and delivering of solid waste generated within the State of Delaware shall display stickers issued by DSWA near the bottom and front of both sides of each roll-off. Solid waste described in Section 4.03 shall be exempt from this requirement.

3.06 Each Licensee shall comply with the following requirements while collecting, transporting and/or delivering solid waste.

a. Solid waste shall not be processed, scavenged, modified, or altered except that it may be compacted and/or unloaded and reloaded at a transfer station not in violation of Article IX of these Regulations.

a. Solid waste shall not be processed, scavenged, modified, or altered unless in compliance with applicable laws and regulations.

b. Solid waste shall be suitably enclosed or covered to prevent littering or spillage of solid waste or fluids.

c. Solid waste shall not be stored in a collection vehicle for more than twenty-four (24) hours, except when the Solid Waste Facility is closed for the entire day when the twenty- four period expires; in that event, the collection vehicle shall discharge the solid waste at a Solid Waste Facility on the next day that a Solid Waste Facility is open.

c. Solid waste shall not be stored in a collection vehicle for more than twenty-four (24) hours unless the solid waste is being delivered to a Solid Waste Facility and the facility is closed for the entire day when the twenty four hour period expires, in which case the collection vehicle may discharge the solid waste at the facility on the next day that the facility is open.

d. Any spillage of solid waste shall be immediately cleaned up and removed.

e. No undue disturbance shall be caused in residential areas as a result of collection operations.

3.07 All collection vehicles shall be owned in the name of the Licensee or leased in the name of the Licensee. Upon submission of an application for a license each applicant shall provide a copy of a valid motor vehicle registration card for each collection vehicle. If the collection vehicle is not owned by the applicant, a copy of a written motor vehicle lease agreement shall also be submitted with the application.

3.08 Each Licensee shall provide and continuously maintain backup capability to allow for continued collection, transportation and/or delivery of solid waste in the event of equipment breakdown. As a minimum each Licensee, except for municipalities with a written agreement with another municipality for such backup, shall own and/or lease, in the name of the licensee, at least two fully and continuously operational collection vehicles, except for down time for routine maintenance.

3.09 Only enclosed compactor type vehicles or "roll- offs" with a cover sufficient to prevent any spillage of, loss of, or littering of solid waste shall be used by Licensees for collection, transportation, or delivery of solid waste, except for vehicles utilized only to collect, transport or deliver the solid wastes referenced in Section 4.02 (a-e) and Section 4.03, infra, or oversized bulky waste, such as couches and refrigerators. Such vehicles used for oversized bulky waste shall not satisfy part or all of the Section 3.08 requirement that each Licensee own and/or lease at least two fully and continuously operational vehicles. An exception to the requirements of the first sentence of this section may be authorized by the CEO or his designee in circumstances where it is physically impossible to provide solid waste collection services with such vehicles.

3.10

a. With the exception of any municipality, each applicant for a license and each Licensee shall provide to DSWA and maintain a bond under which the Licensee shall be jointly and severally bound with a corporate surety qualified to act in the Courts of Delaware to DSWA for amounts due to DSWA for fees or charges for services.

b. In lieu of corporate surety, the applicant or Licensee may provide security for its bond by depositing with DSWA, one of the following in an amount at least equal to the amount of the bond:

i. United States Treasury bonds, United States Treasury notes, United States Treasury certificates of indebtedness, or United States Treasury bills; or

ii. bonds or notes of the State of Delaware; or

iii. bonds of any political subdivision of the State of Delaware; or

iv. certificates of deposit or irrevocable letters of credit from any state or national bank located within the United States; or

v. United States currency, or check for certified funds from any state or national bank located within the United States.

c. The amount of the bond specified in paragraph 3.10 (a) shall be based upon the total solid waste tonnage charged by the Licensee at Solid Waste Facilities during for the month of November immediately preceding the license year for which the license is issued in accordance with the following schedule:

If the Licensee has expanded or acquired its business since the preceding November, then the total tonnage for November and Bond amount will be adjusted to account for such increase. By reference to the accounts, business, or assets acquired, an estimate will be made of what the charges in November would have been if the Licensee had been operating the newly acquired accounts, business, or assets at that time.

3.11 Any person desiring to collect, transport, and/or deliver solid waste in the State of Delaware shall submit a completed application for license to DSWA on forms provided by DSWA substantially in the form set forth in Appendix "A" of these Regulations. DSWA shall approve or deny license applications within thirty (30) days of receipt of a completed application.

3.12 DSWA may require information to supplement that requested in Appendix "A" in reviewing license applications.

3.13 The license period shall be July 1 to June 30 annually. Applications for license renewal shall be submitted to DSWA at least thirty (30) days prior to the expiration date.

3.14 Before any additional collection vehicle or substitute collection vehicle is utilized for the collection, transportation, and/or delivery of solid waste, the Licensee shall submit to DSWA the following:

a. The name, address and telephone number of the owner of the vehicle.

b. The state motor vehicle registration number.

c. A description of chassis by year and manufacturer.

d. A description of the body by year and manufacturer.

e. The legal weight limit of the vehicle.

f. The volume of the body of the vehicle in cubic yards.

g. Evidence of the insurance coverage required by this Article.

3.15 Each license shall contain the following:

a. Name and address of the Licensee.

b. A listing of all collection vehicles under the license.

c. The location or locations for delivery of solid waste for each collection vehicle.

d. Special license conditions regarding collection, transportation, and/or delivery of solid waste, as specified by DSWA.

3.16 Each license and/or collection vehicle may be transferred subject to prior approval of DSWA. Except for a municipality with a written agreement with another municipality for backup capacity, no person shall be entitled to collect, transport and/or deliver solid waste under another person's license.

3.17 Notwithstanding anything to the contrary contained in these Regulations, a Licensee may operate a replacement vehicle on a temporary basis for a period of fifteen (15) days; provided further, that the licensee shall provide DSWA an original signed letter on company letterhead providing the information listed in Section 3.14 of these Regulations. An original letter must be submitted for each day of operation until DSWA license stickers are properly displayed on the vehicle or the vehicle is removed from temporary service. Letters must be taken to the weighstation of the Solid Waste Facility.

3.18 No license shall be issued to any person who:

a. has an account with DSWA that is past due in accordance with DSWA policies or

b. is obligated to file a report in accordance with Section 8.02 of these Regulations and has not done so for the immediately preceding calendar year.

3.19 Any person who first collects and transports solid waste within the State of Delaware, without having first obtained a license under this Article, shall not be issued a license under this Article, until the expiration of one hundred twenty (120) days after the last day on which such collection and transportation without a license occurred, as determined by the CEO, or his designee.

3.20 Any Licensee who does not maintain his principal place of business in Delaware shall designate an agent, by name and street address (box number not acceptable), for service of process within Delaware. The agent shall be either an individual resident in Delaware or a corporation authorized under Title 8 of the Delaware Code to transact business in Delaware.

3.21 Before a license application is approved or denied, DSWA shall determine whether the applicant is able and reasonably certain to comply with these Regulations. Such determination may take into account any relevant factors including, but not limited to, the prior conduct of the applicant or any person, as defined herein, who is employed by or is otherwise associated with the applicant and may significantly affect the applicant's performance as it is related to the licensed activities. If the application is denied, the determination shall be reduced to writing and include the rationale for denial. Any person denied a license shall be entitled to request a hearing on such determination before the Directors of DSWA in accordance with paragraph 11.01 (b) hereof.

3.22 No license shall be issued to any person who:

a. holds or has held a license from DSWA which has been revoked;

b. holds or has held a license from DSWA which has been suspended, for such period as the license is suspended.

c. holds or has held an interest in any Licensee whose license from DSWA has been revoked;

d. holds or has held an interest in any Licensee whose license from DSWA has been suspended, for such period as the license is suspended.

e. owns, in whole or in part, solid waste operating assets, including vehicles and routes, which were acquired from a Licensee whose license from DSWA was revoked or suspended and who acquired such assets from such Licensee for less than fair market value. Applicants for a license may be required to produce records and other information to demonstrate that they comply with this paragraph before a license will be issued.

3.23 A Licensee shall give written notice to DSWA at least seven (7) days in advance of any of the following:

a. sale or conveyance of a significant portion of its assets;

b. sale or conveyance of a significant portion of the equity interest (e.g. stock) held in it;

c. purchase or other acquisition of a significant portion of the assets of another Licensee;

d. purchase or other acquisition of a significant portion of the equity interest in another Licensee. For purposes of this paragraph, a significant portion shall mean one-half. Fragmentation of a transfer into smaller portions shall not be used to avoid the requirements of this paragraph.

IV. USE OF SOLID WASTE FACILITIES

4.01

a. Except as otherwise provided in this Article:

i. All solid waste generated within the State of Delaware shall be delivered to and disposed of at a Solid Waste Facility;

ii. The owners and occupants of all lands, buildings, and premises located within the State of Delaware, and all those persons acting for them or under contract with them, shall use only Solid Waste Facilities for the disposal of solid waste generated within the State of Delaware.

4.01

a.

i. All solid waste generated within the State of Delaware shall be delivered to and disposed of at a Solid Waste Facility or some other duly licensed or permitted facility.

ii. The owners and occupants of all lands, buildings, and premises located within the State of Delaware, and all of those acting for them or under contract with them, shall use only Solid Waste Facilities or other duly licensed or permitted facilities for the disposal of solid waste generated within the State of Delaware.

b. Subject to the provisions of Section 3.02 and 3.18 of these Regulations, solid waste generated within the State of Delaware shall be delivered to a Solid Waste Facility or other duly licensed or permitted facility.

c. Persons delivering solid waste to a Solid Waste Facility shall pay to DSWA the applicable fees and user charges.

4.02 The following solid wastes shall not be delivered to a Solid Waste Facility:

a. Hazardous wastes

b. Explosives

c. Toxic substances

d. Pathological and infectious wastes

e. Radioactive wastes

f. Solid wastes, as determined by the CEO or his designee, which will, because of their quantity, physical properties, or chemical composition, have an adverse effect on the Solid Waste Facility, or the operation of the Solid Waste Facility, or if an effective means of risk and cost allocation cannot be achieved.

g. Solid waste generated outside the State of Delaware.

4.03 The following solid waste may be delivered to a Solid Waste Facility for disposal, but need not be, upon payment of the appropriate fee or user charge, provided that delivery of such solid waste is not otherwise proscribed by Section 4.02:

a. Agricultural waste generated on a farm.

b. Dirt, sand, crushed rock, concrete, asphalt, inert demolition and construction debris, trees, bushes, branches, leaves, and material collected in street and storm sewer cleaning. Dry waste.

c. Tires.

d. Non-hazardous waste resulting from emergency clean-up actions of the Department.

e. Industrial process solid waste exempted by Section 5.03 (b).

4.04 In the event that an invoice generated from the charging of fees or user charges at a Solid Waste Facility is not paid in accordance with DSWA credit policies the license may be revoked and/or the right to use Solid Waste Disposal Facilities may be denied to the user. Before the license revocation and/or denial of use, the user shall have a hearing before the Directors of DSWA, and the user shall be given at least ten (10) days notice of the hearing. Otherwise, the procedure for the hearing shall be as set forth in paragraph 11 10.01 (b) (ii)-(v) of these Regulations.

V. INDUSTRIAL PROCESS SOLID WASTE

5.01

a. Any person causing or allowing industrial process solid waste to be delivered to any Solid Waste Facility for disposal shall obtain the approval of DSWA prior to commencement of such disposal; provided however, that where more than one person is involved in the generation and delivery of a particular industrial process solid waste, approval of DSWA obtained by one person shall be sufficient.

b. In the event that there are any risks or additional costs involved in accepting any industrial process solid wastes, the CEO may impose an industrial process solid waste disposal surcharge to compensate DSWA for such risks and additional costs, including administrative expenses and overhead. The following factors shall be considered in determining the amount of such industrial process solid waste surcharge:

i. Quantity of waste to be disposed of;

ii. Degree of risk associated with such disposal;

iii. Additional handling, processing and disposal costs;

iv. Additional administrative expenses and overhead;

v. Additional environmental protection controls including monitoring.

c. The industrial process solid waste surcharge shall be set by the CEO, without notice and public hearing thereon, and may be done on a case by case basis.

5.02 Any person causing or allowing industrial process solid waste to be delivered to a Solid Waste Facility operated by or on behalf of DSWA shall be deemed to have agreed to indemnify and hold harmless DSWA from any liability arising from disposal of such industrial process solid waste and to have agreed to reimburse DSWA for any costs reasonably incurred to protect against or reduce any risk resulting therefrom; provided, however, such person, if such person has not caused or allowed the delivery of a hazardous substance within the meaning of the Comprehensive Environmental Response Compensation Liability Act (CERCLA), as amended, 42 USC Section 9601, et.seq., shall not be liable under this subsection to DSWA for harm or damage caused by the negligence of DSWA.

5.03 It shall be the responsibility of each generator of industrial process solid waste, in addition to the person collecting, transporting and delivering it, to obtain the approval of DSWA for disposal of industrial process solid waste at the Solid Waste Facility and to assure that such waste is delivered to the Solid Waste Facility of DSWA for disposal. Such solid waste shall be exempted from the requirement of disposal in a Solid Waste Facility if:

a. DSWA refuses to approve the disposal of such waste at a Solid Waste Facility; or

b. the generator of such waste determines or agrees to have such waste disposed of at another properly licensed or permitted facility;

c. the solid waste is described in Section 4.02 of Article IV.

5.04 Any person aggrieved by a determination of the CEO or his designee, under this Article or subsection 4.02(f) of Article IV, may seek review thereof by the Directors of DSWA in accordance with Section 6427 (f) of the Act, and Section 11 10.01 of these Regulations.

VI. OTHER SOLID WASTE PROJECTS

6.01 No person shall finance, acquire, license, construct, maintain, operate, or use a solid waste disposal, processing, or recycling project in the State of Delaware that is neither owned nor operated by, on behalf of, or at the request of DSWA.

6.02 No person shall cause or assist in the financing, acquiring, licensing, constructing, maintaining, or operating of a solid waste disposal, processing, or recycling facility in the State of Delaware, that is neither owned nor operated by, on behalf of, or at the request of DSWA.

6.03 This Article VI shall not apply to:

a. Projects dedicated exclusively to the disposal of dry waste, hazardous waste, agricultural waste, explosives, toxic substances, radioactive waste, or tires;

b. Projects used exclusively as transfer stations;

c. Recycle centers for source separated materials, such as aluminum cans;

d. Junkyards;

e. Projects dedicated exclusively to the disposal of industrial process solid waste that are lawfully permitted for the disposal of such industrial solid waste.

f. Projects dedicated exclusively to the disposal of solid waste generated outside the State of Delaware.

VII. OPERATING IN A SOLID WASTE FACILITY

7.01 All vehicles entering a Solid Waste Facility to dispose of solid waste shall proceed to the appropriate scale. Each vehicle shall come to a full stop before driving onto the scale, for weighing in or for weighing out. Quick stopping or starting on the scales will not be permitted. All personnel must remain in the vehicle unless directed by the Weighmaster to come to the scale house window. After weighing, the vehicle must not leave the scales until authorized to do so by the Weighmaster and must proceed to the area designated for disposal of the quantity and type of waste that is carried in the vehicle.

7.02 After weighing and at the direction of the Weighmaster, each vehicle shall proceed to the area designated. Spotters at the landfill face or on the tipping floor shall direct the vehicles to a dumping location. At small load facilities, waste shall be disposed only in the containers that have been provided. The contents of each vehicle shall be discharged as quickly as possible and the vehicle shall leave as directed by the operating contractor. Clean-up is allowed only at designated locations. No roll-off boxes will be dropped anywhere in a Solid Waste Facility without the express approval from a DSWA representative.

7.03 Each vehicle operator shall exercise caution, due care, and safe procedures in all operations at the Solid Waste Facility. The speed limit on the facility roads is 25 miles per hour except where a lower speed limit is indicated. Vehicle operators shall follow directions from the DSWA representative or the operating contractor in all cases of emergency.

7.04 No hand sorting, picking over, or scavenging of solid waste will be permitted at any time.

7.05 All vehicle operators and other personnel proceed onto the landfill at their own risk. DSWA shall not be liable for acts or omissions of its contractors, persons using a Solid Waste Facility, or other third persons in or about a Solid Waste Facility.

7.06 Persons under the age of 18 are not allowed to enter any Solid Waste Facility in waste collection and disposal vehicles.

7.07 No loitering will be permitted in any Solid Waste Facility.

7.08 DSWA reserves the right to redirect vehicles to alternate locations within the Solid Waste Facility, if for any reason in the opinion of DSWA's representative, the original location cannot handle the load or type of material.

7.09 There shall be no smoking in any Solid Waste Facility except in areas where smoking is expressly permitted.

7.10 The Directors of DSWA from time to time may adopt and post other rules for Solid Waste Disposal Facilities. It is the responsibility of Licensees and other persons using Solid Waste Disposal Facilities to familiarize themselves with and to obey such rules.

7.11 Any vehicle that is immobile and obstructing facility operations shall be moved to a non-conflicting area by DSWA representatives after notifying the Licensee's driver. The Licensee's driver will be given reasonable time to contact his office either through radio or telephone. If the blocking vehicle poses a safety or fire hazard, it will be removed immediately after giving notice to the driver. Licensee shall also give written instructions to drivers on proper procedures for towing.

7.12 To prevent material from falling off vehicles and to minimize litter, all open vehicles, including but not limited to pick-up trucks, entering a Solid Waste Facility to dispose solid waste shall be sufficiently secured through the use of tarpaulins or ropes or netting or enclosures sufficient to prevent the material from falling off the vehicles.

7.13

a. DSWA shall have the right to require unloading of the contents of the vehicle hauling solid waste to any solid waste facility for the purpose of inspection.

b. If any hazardous wastes, explosives, toxic substance, pathological and infectious wastes, radioactive wastes, or solid wastes generated outside the State of Delaware are found, then the person delivering such waste to a Solid Waste Facility shall be subject to the sanctions that may be imposed under Section 11.02 for violation of Section 4.02 and sanctions for violation of other applicable laws and regulations and that person shall be notified and given an opportunity to remove properly all of the waste emptied from the solid waste collection vehicle at his expense. If that is not accomplished within four (4) hours of such notice, which shall be either in person or by telephone, or, if the person cannot be reached immediately, either in person or by telephone, DSWA may proceed to arrange for removal and proper disposal of the entire load and the person bringing such material to the Solid Waste Facility shall be liable to DSWA for all costs incurred by DSWA in arranging for proper disposal, including, without limitation, DSWA's out- of-pocket expenses, contractor's fees, disposal costs, overhead supervisory costs, legal fees, testing costs, and transportation costs.

VIII. RECYCLING

8.01 The following definitions shall apply to this subarticle:

"Recycling Center" means a facility, established pursuant to 7 Del. C. S6450 et seq., to receive recyclable materials. The Recycling Center includes the recycling containers marked for the specific recyclable materials which are to be deposited therein and the area immediately surrounding them necessary for the purposes of such recycling centers. Recycling Centers shall be known as 'RECYCLE DELAWARE' Centers.

"Recyclable Materials" mean those materials which have been source-separated by the generator thereof for recycling. Source separated materials must remain separate throughout the journey and are not to be re-combined for transport.

"Recycling" means the process by which solid waste is transformed or converted into usable material(s) or product(s).

"Recycler" means a person in the business of collecting, transporting, and delivering recyclable materials.

8.02 All persons operating facilities within Delaware for the purpose of recycling solid waste or recyclable materials other than 'RECYCLE DELAWARE' Recycling Centers shall file annually with DSWA, on forms prescribed by DSWA, a report on the nature of the recycling activities conducted, the quantity and type of materials recycled, and the disposition of the materials recycled. Such reports will be due on April 30 of each year and shall be for the immediately preceding calendar year.

8.03 At a Recycling Center, no person shall:

a. dispose of solid waste or litter;

b. leave materials outside of recycling containers;

c. deposit into a recycling container any material other than the specific recyclable material for which the recycling container is marked to receive;

d. damage, deface, or abuse a recycling container;

e. block or obstruct vehicles using or serving the Recycling Center;

f. loiter;

g. scavenge any Recyclable Material; or

h. deposit Recyclable Material that has been collected from or by a Recycler.

8.04 Each container used for the collection of Recyclable Material must be clearly marked to prevent normal trash from being placed into the container, i.e., "RECYCLABLE MATERIAL ONLY" - "NO TRASH".

IX. TRANSFER STATION REQUIREMENTS

9.01 Any person operating a transfer station for solid waste within the State of Delaware shall;

a. prepare daily and maintain (for minimum period of three years after preparation) records of the solid waste handled at the transfer station showing the source and final disposition of such waste after removal from transfer station, including address of such final disposition. The records to be maintained shall be adequate to provide all information required by the Transfer Station Monthly Solid Waste Report, annexed hereto as Exhibit B;

b. submit the report required by paragraph 9.01(a) of these Regulations and verify the accuracy thereof to DSWA on or before the twentieth (20th) day of the month following the month for which the report is compiled. The report shall be in the form of the Transfer Station Monthly Solid Waste Report, annexed hereto as Exhibit B;

c. make the records required to be maintained and preserved by paragraph 9.01(a) of these Regulations available for inspection by representatives of DSWA during normal business hours.

9.02 Solid waste originating or collected outside the State of Delaware shall not be mixed, combined, or aggregated at any transfer station with solid waste originating or collected within the State of Delaware that, in accordance with these Regulations, must be delivered to a Solid Waste Facility.

9.03 It shall be the responsibility of the transfer station operator and those persons hauling to and from the transfer station to assure that all solid waste collected within the State of Delaware, and required to be delivered to a Solid Waste Facility by these Regulations, be delivered to the appropriate Solid Waste Facility.

9.04 9.02 DSWA through its designated representatives shall have the right to inspect the transfer station and solid waste hauling vehicles entering and leaving the transfer station.

X. INFECTIOUS WASTE (RESERVED)

XI. X REVIEW, ENFORCEMENT AND SANCTIONS

11.01 10.01

a. Any person seeking a license or to have solid waste disposed of at a Solid Waste Facility who has been aggrieved by a determination of the CEO or his designee under Section 3.19, 3.21, 4.02, 4.04, 5.01 (b) or 5.04 of these Regulations may seek review thereof by the Directors of DSWA by filing a request for review with the CEO within fifteen (15) days of receipt of notice of such determination. The hearing shall be held in accordance with the paragraph of Section 11 10.01 (b) of these Regulations.

b.

i. The person filing the request for review under paragraph 11 10.01 (a) of these Regulations shall be provided notice by registered mail at least fifteen (15) days before the time set for the hearing. The person filing the request for the hearing shall bear the burden of proof.

ii. The person requesting the hearing may appear personally or by counsel and may produce competent evidence in his behalf. Upon the request of the person requesting the hearing or the CEO, the Chairman of DSWA shall issue subpoenas requiring the testimony of witnesses and the production of books, records, or other documents relevant to the material involved in such hearing.

iii. All testimony at the hearing shall be given under oath and the Chairman shall administer oaths and all Directors shall be entitled to examine witnesses.

iv. The hearing may be held as part of a regular meeting or a special meeting of the Directors of DSWA. Deliberation shall be held in executive session.

v. The decision of the Directors of DSWA shall be announced at a public meeting and shall be forwarded to the person requesting the hearing in written form by registered mail.

11.02 10.02 Any person who violates a provision of these Regulations shall be subject to the following sanctions:

a. If the violation has been committed, a civil penalty of not less than One Hundred ($100) Dollars and not more than Five Thousand ($5000) Dollars shall be assessed;

b. If a violation continues for a number of days, each day of such violation shall be considered a separate violation;

c. If the violation is continuous, or there is substantial likelihood that it will reoccur, DSWA may seek a temporary restraining order, a preliminary injunction or permanent injunction;

d. Any person holding a license issued by DSWA who violates these Regulations shall be subject to revocation of such license, or suspension of such license for such period as determined by DSWA.

e. DSWA personnel are empowered to issue written notices of violations of these Regulations, without the need to employ the sanctions set forth above.

11.03 10.03 Any person who violates a provision of these Regulations may be prevented from entering a Solid Waste Facility, as determined by the CEO or his designee, until that person is in compliance with these Regulations.

TO: DELAWARE SOLID WASTE AUTHORITY

P. O. BOX 455

DOVER, DE 19903-0455

I hereby apply for a Solid Waste Collectors License for the period of July 1, 19 through June 30, 19 , in accordance with the Regulations of the Delaware Solid Waste Authority. Accordingly, the following is submitted:

(Note: This application will not be processed unless all requested information is provided. Each application must be accompanied by:

1. Proof of insurances as required by Section 3.04;

2. The minimum Bond or Surety, as required by Section 3.10; and,

3. The vehicle information as requested in Attachment A of this application.)

4. A copy of your Delaware Business License.

1. Name of Applicant (Individual or Firm Name):

2. Company/Trade Name:

3. Business Office address/telephone numbers (One number MUST be a Delaware number):

4. Name, address & telephone number of answering service if applicable:

5. Name of individuals having administrative responsibility at each business location:

6. Name, address, telephone number of Registered Agents or Authorized Representatives:

7. Type of Business:

Sole Proprietorship Partnership Municipality Corporation*

* If Non-Delaware Corporation, provide proof of Delaware Registration

8. Date Business was Established:

9. Delaware Business License Number: (contact Division of Revenue)

10. DNREC Waste Haulers Permit Number:

11. Delaware Business License Renewal Date:

12. Federal Taxpayer Identification Number:

13. Name & address of owners or partners in unincorporated business. Indicate respective ownership interest on a percentage basis:

14. Name & address of Officers, Directors, Shareholders holding in excess of 10% of issued Stock in incorporated business:

15. Indicate if any partnership or corporation other than applicant has any interest, direct or indirect, in the license applied for, or in the business conducted under such license. (If so, state names & addresses and interest of the partnerships, corporations and principles involved, indicating the nature and extent of the interest.)

Not applicable

Provide details if applicable:

________________________________________________

________________________________________________ ________________________________________________

________________________________________________

16. Indicate if any individual, partnership or corporation other than applicant receives or will receive (by way of rent, salary or otherwise) all or any portion of percentage of the gross or net profits or income derived from business conducted under license applied for:

Not applicable

Provide details if applicable:

________________________________________________

________________________________________________

________________________________________________

________________________________________________

17. Indicate if your company or parent company has ever been convicted of civil or criminal offenses concerning waste transporting, processing, or disposal.

No Yes (provide details on separate sheet)

18. Indicate if the applicant, any person mentioned in the application, or any person having a beneficial interest in the application has ever been denied an application to collect solid waste.

Not applicable

Provide details if applicable:

________________________________________________

________________________________________________

________________________________________________

________________________________________________

19. State general area served by applicant:

________________________________________________

________________________________________________

________________________________________________

________________________________________________

20. Indicate days of the week collections are made:

Mon Tue Wed Thur Fri Sat Sun

21. Daily average weight of Household solid waste collected: _________________ Tons

22. Daily average weight of Municipal solid waste collected: _________________ Tons

23. Daily average weight of Commercial/Industrial solid waste collected:________________________ Tons

24. Indicate location(s) where solid waste is being or will be delivered:________________________ Tons

25. Statement of experience in solid waste collection, transportation, and/or disposal:

________________________________________________

________________________________________________

________________________________________________

________________________________________________

I HEREBY CERTIFY THAT THE INFORMATION PROVIDED HEREIN AND ATTACHED HERETO IS TRUE AND CORRECT AND THAT I HAVE READ AND AM FAMILIAR WITH THE REQUIREMENTS OF THE REGULATIONS OF THE DELAWARE SOLID WASTE AUTHORITY.

Date Signature of Applicant Title

STATE OF COUNTY OF

Before me appeared , who under oath certifies that the information provided in this application is true and correct.

Date Notary Public

TRANSFER STATION MONTHLY SOLID WASTE REPORT

From: Reporting Period:

To: Delaware Solid Waste Authority Date:

CERTIFICATION I hereby certify that the above information is true and correct, to the best of my knowledge, this day of , A.D. 19 .

Notary Public President

The Delaware Solid Waste Authority ("Authority"), pursuant to the provisions of 7 Del. C. Ch. 64, hereby adopts the following program applicable to the fee for disposal of solid waste at authority facilities:

1. The base rate for disposal of solid waste (excluding special and industrial process solid waste) shall be $58.50 per ton.

2. For those persons entering into a contract with the Authority to bring all of their solid waste (excluding special and industrial process solid waste) which has been collected in the State of Delaware to Authority facilities, the rebates set forth shall be paid by the Authority subject to the folowing:

a. The contract term shall be from the effective date to June 30, 2002, July 1, 2000 to June 30, 2002, or July 1, 2001 to June 30, 2002.

b. A rebate of $10.00 shall be paid for each ton of solid waste (excluding special and industrial process solid waste) delivered to Authority facilities and for which the base rate disposal fee of $58.50 per ton has been paid to the Authority. The rebate shall be paid for the following periods in which the solid waste (excluding special and industrial process solid waste) has been delivered:

(i) Effective date through June 30, 1999

(ii) July 1, 1999 through June 30, 2000

(iii) July 1, 2000 through June 30, 2001

(iv) July 2001 through June 30, 2002

c. The rebate for the periods set forth in Paragraph 2(b) above shall be paid within forty-five (45) days after full payment has been made to the Authority by the person entitled to the rebate, for the solid waste (excluding special and industrial process solid waste) delivered during the applicable period.

d. An additional rebate shall also be paid in the event that the solid waste (excluding special and industrial process solid waste) delivered to the authority facilities exceeds 800,000 tons for any of the following periods:

(i) July 1, 1999 to June 30, 2000

(ii) July 1, 2000 to June 30, 2001

(iii) July 1, 2001 to June 30, 2002

For each ton of solid waste (excluding special and industrial process solid waste) in excess of 800,000 tons paid for at the base rate and delivered to Authority facilities during each period identified immediately above, the Authority shall set aside the sum of $8.50 per ton in a fund which shall be divided among those persons entering into contracts with the Authority and/or participating in this program. Each such person shall be entitled to a share of the fund based on the percentage of solid waste (excluding special and industrial process solid waste) which such person delivers to Authority facilities as a part of the total of all solid waste (excluding special and industrial process solid waste) delivered to authority facilities by (1) all persons under contract with the authority, and (2) all the municipalities, political subdivisions and governmental instrumentalities and entities. The additional rebate for the periods set forth in this Paragraph 2(d) shall be paid within forty-five (45) days after full payment has been made to the Authority by the persons entitled to the rebate.

e. In order to enter into the program, persons delivering solid waste (excluding special and industrial process solid waste) collected in the State of Delaware shall execute contracts with the Authority (I) prior to the effective date for the contract term from the effective date to June 30, 2002; (ii) on or before June 30, 2000 for the contract term July 1, 2000 to June 30, 2002; and (iii) on or before June 30, 2001 for the contract term July 1, 2001 to June 30, 2002.

3. Those persons not under contract with the authority shall be entitled to use the Authority facilities for disposal of solid waste collected in the State of Delaware, subject to payment of such rate or rates established by the Authority, and subject to compliance with the regulations and requirements of the authority and other applicable laws and regulations.

4. The contracts utilized to effectuate this program shall be uniform and shall be consistent with the operative provisions of the program as set forth herein, and shall contain such other terms and conditions deemed desirable and acceptable to the Authority. Anything to the contrary contained herein not withstanding, municipalities, political subdivisions and governmental instrumentalities and entities which deliver to Authority facilities all their solid waste (excluding special and industrial process solid waste) collected in the State of Delaware shall be entitled to the full benefits of this program, without the need of entering into a contract with the authority. The contracts shall inure to the benefit of and be binding on the persons, including their successors, assigns, parents, subsidiaries, affiliates, partners, joint venturers, divisions, and all other entities existing or newly formed, controlled directly or indirectly by such persons, through change in ownership or status by transfer of assets or otherwise, and which engage in the collection and/ or transportation of solid waste (excluding special industrial process solid waste) generated in the State of Delaware.

5. This Program shall be available to all persons having active accounts with the Authority effective January 1, 1999 and who have delivered to authority facilities during the preceding twelve (12) month period a total of at least one hundred (100) tons of solid waste (excluding special and industrial process solid waste). For new accounts with the Authority after January 1, 1999, persons establishing such accounts shall be entitled to enter the program provided:

(a) the uniform contract referenced in Paragraph 4 herein is executed within sixty (60) days of the date the new account is established;

(b) the term of the contract extends to June 30, 2002;

(c) the new account is with a new person, and not a person having an account with the authority as of January 1, 1999; and

(d) the program benefits do not come into effect until sixty (60) days after the new account is established.

6. For purposes of this program the term "person" is defined to mean any individual, partnership, corporation, association, institution, cooperative enterprise, municipality, commission, political subdivision or other duly established legal entity. The term "person" shall also include successors, assigns, parents, subsidiaries, affiliates, partners, joint venturers, divisions, and all other entities existing or newly formed, controlled directly or indirectly by the person, through change in ownership or status by transfer of assets or otherwise.

7. This program shall become effective on the effective date established by the Authority and continue until June 30, 2002.

INTRODUCTION

On August 31, 1998 the Delaware Solid Waste Authority ("DSWA") announced that it was initiating the process of updating its Statewide Solid Waste Management Plan ("Plan") which was last amended on May 24, 1994. As part of the process, written comments were solicited from the public by October 2, 1998, and it was indicated that public workshops would be held to discuss comments and develop a framework/outline for the initial draft of the Plan revision.

In addition to the comprehensive process of updating the Plan, the DSWA is undertaking this limited Plan amendment in conjunction with regulation changes to afford the DSWA greater solid waste management program flexibility. The management flexibility is set forth hereafter and is intended to supplement the existing Plan. To the extent that there is any inconsistency, this proposed Plan amendment supercedes.

BACKGROUND

The DSWA has been directed by the Delaware General Assembly to carry out specific statutory responsibilities under 7 Delaware Code Chapter 64 (see appendix A of the Plan as adopted May 1994). Some of those responsibilities include:

1. That a statewide comprehensive program for management, storage, collection, transportation, utilization, processing and disposal of solid waste be established.

2. That a program for the maximum recovery and reuse of materials and energy resources derived from solid wastes be established.

3. That 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. That a statewide solid waste management plan be developed and implemented by DSWA.

In order to fulfill those responsibilities, the Delaware General Assembly provided DSWA with statutory capabilities. Some of those capabilities include:

1. Plan, design, construct, finance, manage, own, operate and maintain solid waste management facilities.

2. The receipt, transfer, storage, transportation, and handling of solid waste and development of support facilities as deemed necessary by DSWA.

3. Being granted all powers necessary to fulfill these purposes and to carry out assigned responsibilities.

4. Develop, implement and supervise a program requiring all persons who haul, convey or transport any solid waste to obtain a license from DSWA.

5. Charge reasonable fees for services.

6. Control, through regulation or otherwise, the collection, transportation, storage and disposal of solid waste, and sanction any person who violates a regulation or a license condition.

7. Establishment of fees and charges for owners and occupants of real estate to support budgeting needs.

8. Utilize private industry to the maximum extent feasible to perform planning, design, management, collection, construction, operation, manufacturing, and marketing functions related to solid waste disposal and resources recovery.

9. Assist in the development of industrial enterprises based upon resources recovery, recycling, and reuse.

10. Purchase, manage, lease or rent real and personal property.

11. Do all things necessary for the performance of its duties, the fulfillment of its obligations, the conduct of its operations and the conduct of a comprehensive program for solid waste disposal and resources recovery, and for solid waste management services.

12. Make short and long range plans for the storage, collection, transportation or processing and disposal of solid wastes and recovered resources by the DSWA-owned facilities.

13. Contract with municipal, county and regional authorities, state agencies and persons to provide waste management service in accordance with this chapter and to plan, design, construct, manage, operate and maintain solid waste disposal and processing facilities on their behalf.

14. Utilize private industry, by contract, to carry out the business, design, operating, management, marketing, planning and research and development functions of the DSWA or the DSWA may determine that it is in the public interest to adopt other courses of action.

15. Enter into a contract or contracts with any municipality providing for or relating to the collection or treatment and disposal of garbage, solid wastes and refuse originating in the municipality and the cost and expense of such collection or treatment and disposal.

The DSWA has, under its statutory provisions implemented projects to meet the legislated mandate. Such projects include:

Delaware Reclamation Project

Cherry Island Landfill Phases I - V

Intermediate Processing Center

Pigeon Point Transfer Station

Pinetree Corners Transfer Station

Sandtown Landfill Areas A - E

Jones Crossroads Landfill Cells 1 -3

Recycle Delaware Centers (120 locations)

Recyclables Marketing Program

Collection Stations (5 locations)

Household Hazardous Waste Collection

Public Education Program

DSWA by contract has participated as a customer in private sector owned facilities such as Waste to Energy projects and recycling centers.

The DSWA has identified several future projects to continue to meet its legislative mandate. Such projects include:

Delaware Recycling Center / Materials Recovery Facility

Central Solid Waste Management Center: Transfer Station / Materials Recovery Facility

Southern Solid Waste Management Center: Transfer Station / Materials Recovery Facility

Cherry Island Landfill Phase VI

Pine Tree Corners Transfers Station Expansion

Sandtown Landfill Areas F - H

Jones Crossroads Landfill Cells 4 -6

Statewide Site Development

Transportation Operations and Maintenance Centers

The DSWA's enabling legislation establishes a statewide solid waste management system which is unique. The scope of the DSWA's responsibilities are broad and the DSWA has implemented a program which not only meets state needs, but which is regional in nature. To support the DSWA's program, which has involved significant out of state disposal of solid waste, the DSWA has chosen among available management options, a statutorily authorized method of directing the flow of certain solid waste generated in the state to DSWA facilities. Although the DSWA's method of controlling waste flow is considered valid, the decision of the United States Supreme Court rendered in C. A. Carbone, Inc. v. Town of Clarkstown has caused all flow methods to be scrutinized.

Faced with constantly changing solid waste disposal objectives and alternatives, many of which could decrease the DSWA's participation in out of state disposal activities and involvement with out of state interests, the DSWA finds it necessary to have available the maximum flexibility possible to structure a program which best meets the needs of the citizens of the state and protects the public health and the environment. Accordingly the DSWA by this amendment to the Plan identifies the alternatives available to the DSWA for replacing the current method of flow control.

SOLID WASTE MANAGEMENT OPTIONS

In addition to the alternatives set forth in Chapter IV of the Plan, the DSWA shall have available the following solid waste management options:

1. The provision by contract with solid waste haulers for solid waste collection and transportation services.

2. The provision of recycling services.

3. Use of differential pricing for solid waste disposal fees.

4. Establishment of fees and charges for owners and occupants of real estate to satisfy budgetary needs.

5. Construction or acquisition in whole or in part of facilities to satisfy solid waste collection, transportation, transfer, recycling or disposal needs.

The DSWA, in reviewing the management system options available for establishing user fees, considers differential pricing for solid waste disposal to be the preferable alternative of the options set forth above. The DSWA in implementing management options may utilize DSWA staff or contract for services. The DSWA may enter into short or long-term agreements under such terms and conditions considered desirable by the DSWA. The DSWA may set and modify the fees it charges in implementing any of the management options. In selecting and implementing options, alternatives and ancillary program features, including the establishment and modification of fees, the DSWA shall act through Resolution of its Board of Directors.

The Delaware State Fire Prevention Commission will hold a hearing pursuant to 16 Del. C. §6603 and 29 Del. C. 101 on Tuesday, February 16, 1999, at 2:00 P.M. and 7:00 P.M. in the Commission Chamber, Delaware State Fire School, Delaware Fire Service Center, 1463 Chestnut Grove Road, Dover, Delaware. The Commission is proposing changes to the following Regulations.

Part V, Chapter 5 Standard for the Marking, Identification, and Accessibility Of Fire Lanes, Exits, Fire Hydrants, Sprinkler, and Standpipe Connections

Persons may view the proposed changes to the Regulations between the hours of 8:00 a.m. to 4:30 p.m., Monday through Friday, at the Delaware State Fire Prevention Commission, Delaware State Fire School, Delaware Fire Service Center, 1463 Chestnut Grove Road, Dover, Delaware, 19904, or the Administrative Office of the State Fire Marshal located at the Delaware Fire Service Center, 1537 Chestnut Grove Road, Dover, Delaware, 19904, or the Regional State Fire Marshal's Offices located in the First Federal Plaza Building, 704 King Street, Suite 200, Wilmington, Delaware, 19801, and Road 321, Georgetown, Delaware, 19947.

Persons may present their views in writing by mailing their views to the Commission at the above addresses prior to the hearing, and the Commission will consider those responses received before 10:a.m. on February 16, 1999, or by offering testimony at the Public Hearing. If the number of persons desiring to testify at the Public Hearing is large, the amount of time allotted to each speaker will be limited. There will be a reasonable fee charge for copies of the proposed changes.

Standard For The Marking, Identification, And Accessibility Of Fire Lanes, Exits, Fire Hydrants, Sprinkler, And Standpipe

5-1 General.

5-1.1 Scope.

5-1.1.1 This Regulation establishes the minimum requirements for the design criteria and marking of fire lanes so as to provide access by emergency services to buildings and structures, fire hydrants, standpipes and sprinkler connections.

5-1.1.2 This Regulation also establishes the minimum requirements for the design criteria and marking of free and unobstructed areas or zones around fire hydrants; standpipe and sprinkler connections; building exits for access by emergency services and to prohibit the blocking of such areas.

5-1.2 Purpose.

5-1.2.1 The purpose of this Regulation is to provide for requirements that ensure a reasonable degree of operational access by emergency services to buildings and structures for those fire protection and life safety features routinely utilized by the emergency services.

5-1.3 Application.

5-1.3.1 For the purpose of meeting 5-1.1.1, this regulation shall apply to:

(a) All buildings >10,000 square feet in gross floor area

(b) All buildings:

(1) 3 or more stories in height OR

(2) Over 35 feet in height

(c) All buildings or operations whose primary occupancy is classified as "High Hazard Occupancy"

5-1.3.2 For the purpose of meeting 5-1.1.2, this regulation shall apply to all fire hydrants and fire department connections which are part of a specific buildings fire protection features.

5-1.3.3 This Regulation shall apply to all buildings, additions or those buildings undergoing a change in occupancy as specified in Part I, Chapter 1 of these Regulations.

5-1.3.4 This Regulation does not apply to:

(a) One- and two-family dwellings as defined in Part I, Chapter 1 of these Regulations.

(b) Residential units occupied as one- and two-family units when constructed in a "townhouse" configuration.

5-1.3.5* Where, in the opinion of the State Fire Marshal, an occupancy's fire protection features are such that fire lanes do not contribute to the overall level of life safety and/or property conservation, the State Fire Marshal may modify the requirements of this Chapter. Such occupancies shall be identified on a case by case basis and listed by the State Fire Marshal.

A-5-1.3.5 The intent of this section is to allow the State Fire Marshal, on a case by case basis, to modify the fire lane requirements (including the use of forestry lanes) based on the occupancy's site configuration, building size and construction, occupancy classification, and internal features of fire protection, such as fire alarm signaling and fire suppression systems.

5-1.4 Definitions.

5-1.4.1 The definitions as found in this section shall be in addition to the definitions found in other sections of these Regulations and shall be applicable to Part V, Chapter 5.

Edge of Roadway. Shall be defined as:

1. Alongside of a curb, or

2. The outer edge of a roadway, or

3. The outer edge of the designated fire lane

Yellow Color. The specific color yellow shall be uniformly accepted yellow as utilized by State of Delaware Department of Transportation (DelDOT).

High Hazard Occupancy. Any building or area classified as high hazard within the Life Safety Code, NFPA 101, or as extra hazard within the Standard for the Installation of Sprinkler Systems, NFPA 13.

5-2 Fundamental Requirements.

5-2.1 Every building, structure or property shall be provided with sufficient emergency access to and from both primary and secondary entrances, exits, and necessary equipment such as fire hydrants, fire department connections, drafting pads, and like items.

5-2.2 Every fire lane, fire hydrant, fire department connection and other like items shall be clearly marked in accordance with applicable sections of this Chapter.

5-2.3 Every fire lane, fire hydrant, fire department connection and other like items shall be continuously maintained free of all obstructions or impediments allowing full and instant use in case of an emergency.

5-2.4 Every fire lane, fire hydrant, fire department connection, and other like items shall be maintained by the property owner to such a degree so as to keep said equipment properly marked, accessible, and visible at all times.

5-2.5 Where, in the absence of specific instructions, signs or other notification, the color yellow shall denote "NO PARKING."

5-2.6 Where required by this regulation, fire lanes, fire hydrants, fire department connections and other like items shall use demarcation lines to define specific areas.

5-2.7 All demarcation lines shall be a minimum of four inches (4") in width.

5-2.8 All demarcation lines shall be yellow in color and only a vivid and durable paint shall be used which is suitable for road surfaces.

5-2.9 Enforcement action to require the appropriate design and marking of fire lanes and other like items shall be as prescribed in this Regulation and 16 Del. C. §6611.

5-2.10 Enforcement action regarding stopping, standing or parking a vehicle in a fire lane shall be as prescribed in this regulation and 21 Del. C. §7001.

5-2.11 Enforcement action regarding stopping, standing or parking a vehicle within 15 feet of a fire hydrant shall be as prescribed in this regulation and 21 Del. C. 4179

5-2.12 Four copies of an independent and specific record type plan, shall be submitted to the State Fire Marshal's Office providing specific identification and marking details of access roadways, fire lanes, fire department connections and fire hydrants.

5-3 Access Roadways.

5-3.1 Where emergency services have to utilize access roadways between public streets or roads to reach designated fire lanes, etc. such access roadways shall be constructed to meet the minimum engineering specifications and/or requirements to support emergency apparatus.

5-3.2 Access roadways with no parking on one or both sides shall be marked as follows:

(1) Curbs painted yellow or a yellow line pursuant to Figure 1 of these Regulations and

(2) Signs posted along the curb, building line, or side of the roadway placed at each end of the access roadway and spaced at 150 foot intervals maximum; all signs shall be located no less than six feet above the pavement and no higher than eight feet

5-3.3 Access roadways with parking on both sides shall not require marking

5-4 Design Of Fire Lanes.

5-4.1 Design and location of fire lanes around buildings, structures or properties are dependent on many considerations, such as occupancy, building height, construction, property grades, etc. As a result, only those persons having a good working knowledge of fire department operations and equipment limitations should determine fire lane locations. The following criteria shall be followed to effect a proposed design for submittal to the State Fire Marshal or his duly authorized representative for review and approval.

5-4.2 Primary fire lanes shall be a minimum 24 feet in width.

5-4.3 Secondary fire lanes shall be a minimum 16 feet in width.

5-4.4* The minimum width of primary and/or secondary fire lanes may be reduced when, in the opinion of the State Fire Marshal, the reduced width will not impact on the accessibility of fire department emergency vehicles.

A-5.4.4 The intent of this section is to allow the State Fire Marshall to accept a primary and/or secondary fire lane width less than what is required by these Regulations.

5-4.5 Fire lanes shall be constructed to meet the minimum engineering specifications and/or requirements to support emergency apparatus.

5-4.6 "Speed Bumps" or any other like device used to reduce vehicle speed will be installed pursuant to the State of Delaware Department of Transportation specifications.

5-4.7 No parking shall be permitted between a primary fire lane and the building. One row of parking shall be permitted between a secondary fire lane and the building.

5-4.8 Overhangs, canopies, balconies, or any other building feature shall not project over any primary or secondary fire lane.

5-5 Location Of Fire Lanes.

5-5.1 Primary fire lanes shall be required to run along the "front of the building" as determined by the primary entrance/exit, windows, balconies, etc. In cases where there is more than one primary entrance/exit, each shall be served by a primary fire lane even if this exceeds the accessibility percentage as required in Table 5-7.

5-5.2 Secondary fire lanes are acceptable to achieve the remaining required perimeter accessibility percentage and to provide access to fire department connections and secondary exits.

5-5.3 The closest edge of both primary and secondary fire lanes shall not be located further than 50 feet from an exterior wall if one or two stories; 40 feet if three or four stories and 30 feet if over four stories in height.

5-6 Marking Of Fire Lanes.

5-6.1 General.

5-6.1.1 All fire lanes shall be marked in accordance with figures 1, 3 and 4 of these regulations

5-6.1.2 Fire lanes with no parking between the fire lane and the building shall be marked as follows:

(1) Curbs painted yellow or 4 inch yellow demarcation lines on both the inner and outer edges as illustrated in Figures 1 and 3 of these regulations and

(2) Signs meeting the design of figure 9, posted along

the curb, building line, or edge of the roadway placed at each end of the fire lane and spaced at 150 foot intervals maximum; all signs shall be located no less than six feet above the pavement and no higher than eight feet

5-6.1.3 Fire lanes with parking between the fire lane and the building shall not require any form of marking as illustrated in Figures 2 and 4 of these regulations

5-7 Perimeter Accessibility.

5-7.1 Perimeter accessibility is calculated based on building occupancy, height, and internal fire protection features.

5-7.2 Table 5-7 shall be used in determining perimeter accessibility in new buildings.

5-7.3 Table 5-7 shall be used for existing buildings also, except that only 50 percent of the determined perimeter accessibility percentage will be required.

5-7.4 For this regulations purpose, building height shall be measured from the lowest level of fire department vehicle access to the floor of the highest occupiable story.

5-7.5 Perimeter accessibility may be reduced by up to 50 percent when the building is completely protected by an automatic sprinkler system installed pursuant to the specifications and standards of the Standard for the Installation of Sprinkler Systems, NFPA 13, as adopted and/ or modified by these Regulations.

Exception: Perimeter accessibility shall not be reduced for Health-Care or Detention and Correctional occupancies.

5-8 Forestry Lanes.

5-8.1 Forestry lanes may only be utilized pursuant to §5- 1.3.5 of this Regulation.

5-8.2 Forestry lanes shall be a minimum of 16 feet in width.

5-8.3 Forestry lanes shall be constructed of no less than six inches (6") of crusher run on a well compacted base of select material with a two inch (2") maximum cover of top soil and seed

5.8.4 All forestry lanes shall be marked by use of no smaller than three foot (3') and no longer than five foot (5') trees or shrubs spaced 20 feet on center. Trees and shrubs of the same size and type shall be placed at the end of the forestry lane to denote its end

5-8.5 All forestry lanes shall be provided with adequate curb cuts and each side of the curb cuts shall be provided with signs the same type of which are specified in §5-6.1.2 of this chapter

5-9 Marking And Identification Of Exits.

5-9.1 This regulation may be applied to exits which are obstructed by the parking of vehicles or other obstructions.

5-9.2 Exits shall have demarcation lines to define specific areas.

5-9.3 Demarcation lines shall be a minimum of four inches (4") in width.

5-9.4 Demarcation lines shall be yellow in color and only a vivid and durable paint shall be used which is suitable for road surfaces.

5-9.5 Demarcation lines on secondary exits shall be measured from the center line of the exit way and shall extend for a distance of six feet (6') on either side to the public way (fire lane).

5.9.6 Demarcation lines need not be located on sidewalk surfaces or other pedestrian surfaces not subject to vehicular traffic but shall extend from the end of the sidewalk surface to the fire lane.

5-9.7 No objects, stands, displays, or other impediments shall be located within the demarcation area.

5-9.8 Four inch steel bollards filled with concrete shall be installed at the corners of the exit demarcation area.

5-10 Marking And Identification Of Fire Hydrant Location.

5-10.1 All fire hydrants shall be marked in accordance with Figures 5, 6 and/or 7.

5-10.2 When fire hydrants are located along the curb line, the area between the fire hydrant and the fire lane shall be stenciled with the words "NO PARKING" which shall extend to a distance of 15 feet on either side to be measured from the center line of the fire hydrant (See Figure 5).

5-10.3 Where fire hydrants are located on a curb island extension in such a manner that the hydrant is directly accessible to the access or fire lane, it will only be necessary to paint the curb island extension for the distance it traverses the access lane. (See Figure 7)

5-10.4 The distance between a fire hydrant and the nearest demarcation line of a fire lane shall not be greater than seven feet (7') unless an alternate distance is approved by the State Fire Marshal.

5-10.5 The steamer connection of all fire hydrants shall be so positioned so as to be facing the fire lane.

5-10.6 Where fire hydrants are located in parking lots or other areas susceptible to blockage by parked vehicles they shall be treated as follows (See Figure 6):

(a) Fire hydrants shall be protected in all directions for a distance of seven feet (7') with barriers or curbing

(b) A fire lane or vehicle access roadway, a minimum of 16 feet in width, shall run through the parking area and adjacent to the demarcation area of the fire hydrant.

5-10.7 All fire hydrants shall have demarcation lines to define specific areas.

5-10.8 All demarcation lines shall be a minimum of four inches (4") in width.

5-10.9 All demarcation lines shall be yellow in color and only a vivid and durable paint shall be used which is suitable for road surfaces.

5-10.10 Four inch steel bollards filled with concrete shall be installed at the corners of the fire hydrant demarcation area

5-11 Marking And Identification Of Standpipes And Sprinkler Connections.

5-11.1 In addition to the requirements outlined in Part III, Chapter 1, §1-1.4.1 of these Regulations, all standpipe and sprinkler connections shall also be marked in accordance with Figure 8.

5-11.2 Demarcation lines shall be measured from the center line of connection and extend for a distance of four feet (4') on either side.

5-11.3 Demarcation lines need not be located on sidewalk surfaces but should extend from the end of the sidewalk surface to the fire lane.

5-11.4 No objects, stands, displays, or other impediments shall be located within the demarcation area.

5-11.5 All standpipe and sprinkler connections and other such like items shall have demarcation lines to define specific areas.

5-11.6 All demarcation lines shall be a minimum of four inches (4") in width.

5-11.7 All demarcation lines shall be yellow in color and only a vivid and durable paint shall be used which is suitable for road surfaces.

5-11.8 Four inch steel bollards filled with concrete shall be installed at the corners of the standpipe and sprinkler

1-2 3-4 Over 4

Type of Occupancy (Up to 25') (26-50') (Over 50')

Place of Assembly

Class A 100% 100% 100%

Class B 75% 100% 100%

Class C 50% 100% 100%

Educational

All Schools 100% 100% 100%

Day Care Facilities 75% 100% 100%

Health Care & Penal 100% 100% 100%

Business 50% 100% 100%

Mercantile

Class A 100% 100% 100%

Class B 75% 100% 100%

Class C 50% 100% 100%

Residential 50% 70% 100%

NOTE 1: Industrial, Storage, special hazards, and any occupancy not listed in Table 5-7 will be reviewed on an individual basis with the nature and degree of the hazard to be considered.

NOTE 2: See §5-1.3.3 for buildings that are not required to comply with this Table.

NOTE 3: Perimeter accessibility may be reduced by up to 50 percent when the building is completely protected by an automatic sprinkler system installed pursuant to the specifications and standards of the Standard for the Installation of Sprinkler Systems, NFPA 13, as adopted and/ or modified by these regulations

Exception: Perimeter accessibility shall not be reduced for Health-Care or Detention and Correction occupancies

NOTE 4: Where, in the opinion of the State Fire Marshal, an occupancy's fire protection features are such that fire lanes do not contribute to the overall level of life safety and/or property conservation, the State Fire Marshal may modify the requirements of this Chapter. Such occupancies shall be identified on a case by case basis and listed by the State Fire Marshal.

Please Take Notice, pursuant to 29 Del.C., Chapter 101 and 24 Del.C., §2007(a)(1), the Delaware Board of Occupational Therapy has developed and proposes to adopt comprehensive Rules and Regulations. The regulations will describe the Board's organization, operations and rules of procedure, the process and requirements for licensure and certain standards of conduct applicable to the practice of occupational therapy.

A public hearing will be held on the proposed Rules and Regulations on Wednesday, March 17, 1999 at 4:30 p.m. in the Second Floor Conference Room A of the Cannon Building, 861 Silver Lake Blvd., Dover, DE 19904. The Board will receive and consider input in writing from any person on the proposed Rules and Regulations. Written comments should be submitted to the Board in care of Mary Paskey at the above address. Final date to submit written comments shall be at the above scheduled public hearing. Anyone wishing to obtain a copy of the proposed Rules and Regulations or to make comments at the public hearing should contact Mary Paskey at the above address or by calling (302) 739-4522, ext. 207.

This notice will be published in two newspapers of general circulation not less than twenty (20) days prior to the date of the hearing.

Table of Contents

RULE 1: Definitions/Requirements for Supervision of

OTA/L

RULE 2: Licensure Procedure

RULE 3: Temporary Licensure/Examination Eligible OT

RULE 4: Temporary Licensure/Examination Eligible OTA

RULE 5: Continuing Education

Rule 1: Supervision/consultation Requirements for Occupational Therapy Assistants:

(A) "Occupational therapy assistant" shall mean a person licensed to assist in the practice of occupational therapy under the supervision of an occupational therapist. Title 24, Delaware Code, §2002(4). (emphasis added)

"Under the supervision of an occupational therapist" means the interactive process between the licensed occupational therapist and the occupational therapy assistant. It shall be more than a paper review or co-signature. The supervising occupational therapist is responsible for insuring the extent, kind, and quality of the services rendered by the occupational therapy assistant.

The phrase, "Under the supervision of an occupational therapist," as used in the definition of occupational therapist assistant includes, but is not limited to the following requirements:

1. Communicating to the occupational therapy assistant the results of patient/client evaluation and discussing the goals and program plan for the patient/client;

2. In accordance with supervision level and applicable health care, educational, professional and institutional regulations, reevaluating the patient/client, reviewing the documentation, modifying the program plan if necessary and co-signing the plan.

3. Case management;

4. Determining program termination;

5. Providing information, instruction and assistance as needed;

6. Observing the occupational therapy assistant periodically; and

7. Preparing on a regular basis, but at least annually, a written appraisal of the occupational therapy assistant's performance and discussion of that appraisal with the assistant.

The supervisor may assign to a competent occupational therapy assistant the administration of standardized tests, the performance of activities of daily living evaluations and other elements of patient/client evaluation and reevaluation that do not require the professional judgment and skill of an occupational therapist.

(B) Supervision for Occupational Therapy Assistants is defined as follows:

1. Direct Supervision requires the supervising occupational therapist to be on the premises and immediately available to provide aid, direction, and instruction while treatment is performed in any setting including home care. Occupational therapy assistants with experience of less than one (1) full year are required to have direct supervision.

2. Routine Supervision requires direct contact at least every two (2) weeks at the site of work, with interim supervision occurring by other methods, such as telephonic or written communication.

3. General Supervision requires at least monthly direct contact, with supervision available as needed by other methods.

(C) Minimum supervision requirements:

1. Occupational therapy assistants with experience of less than one (1) full year are required to have direct supervision.

Occupational therapy assistants with experience greater than one (1) full year must be supervised under either direct, routine or general supervision based upon skill and experience in the field as determined by the supervising OT.

2. Supervising occupational therapists must have at least one (1) year clinical experience after they have received permanent licensure.

3. An occupational therapist can supervise no more than three (3) occupational therapy assistants (two (2) if in separate locations).

4. Levels of supervision should be determined by the occupational therapist before the individuals enter into a supervisor/supervisee relationship. The chosen level of supervision should be reevaluated regularly for effectiveness.

5. The supervising occupational therapist, in collaboration with the occupational therapy assistant, shall maintain a written supervisory plan specifying the level of supervision and shall document the supervision of each occupational therapy assistant. Levels of supervision should be determined by the occupational therapist before the individuals enter into a supervisor/supervisee relationship. The chosen level of supervision should be reevaluated regularly for effectiveness.

This plan shall be reviewed at least every six months or more frequently as demands of service changes.

6. A supervisor who is temporarily unable to provide supervision shall arrange for substitute supervision by an occupational therapist licensed by the Board with at least one (1) year of clinical experience, as defined above, to provide supervision as specified by Rule 1 of these rules and regulations.

RULE 2: LICENSURE PROCEDURES:

(A) To apply for an initial license, an applicant shall submit to the Board:

(1) A completed notarized application on the form approved by the Board;

(2) Verification of a passing score on the NBCOT standardized exam submitted by the exam service or NBCOT;

(3) Official transcript and proof of successful completion of field work submitted by the school directly to the Board office;

(4) Fee payable to the State of Delaware.

(B) To apply for a reciprocal license, in addition to the requirements listed in Title 24, Delaware Code, §2011, an applicant shall submit the following to the Board:

(1) A completed notarized application on the form approved by the Board;

(2) Verification of a passing score on the NBCOT standardized exam submitted by the exam service or NBCOT;

(3) Letter of verification from any state in which the applicant has been licensed ( the applicant is responsible for forwarding the blank verification form to all states where they are now or ever have been licensed);

(4) Fee payable to the State of Delaware.

(C) To apply for renewal, an applicant shall submit:

(1) A completed renewal application on the form approved by the Board;

(2) Evidence of meeting continuing education requirements as designated by the Board in Rule 5;

(3) Renewal fee payable to the State of Delaware.

(D) To apply for inactive status:

A licensee may, upon written request to the Board, have his/her license placed on inactive status if he/she is not actively engaged in the practice of occupational therapy in the State.

(E) To apply for reactivation of an inactive license, a licensee shall submit:

(1) A letter requesting reactivation;

(2) A completed application for renewal

(3) Proof of continuing education attained within the past two years (20 contact hours) The twenty (20) hours must be in accordance with Rule 5 of these rules and regulations;

(4) Fee payable to the State of Delaware.

(F) To apply for reinstatement of an expired license, an applicant shall submit (within three (3) years of the expiration date):

(1) A completed application for renewal;

(2) Proof of continuing education attained within the past two years (20 contact hours). The twenty (20) hours must be in accordance with Rule 5 of these rules and regulations;

(3) Licensure and late fee payable to the State of Delaware.

RULE 3: TEMPORARYLICENSURE/EXAMINATION

ELIGIBLE OT:

(A) To apply for a temporary license, an applicant shall submit to the Board:

(1) A completed, notarized application on the form approved by the Board;

(2) Official transcript and proof of successful completion of field work submitted by the school directly to the Board office;

(3) A letter indicating the date on which the applicant proposes to take the NBCOT examination;

(4) A signed agreement from an occupational therapist currently licensed by the state of Delaware certifying that the applicant will be supervised while practicing, in accordance with the definitions for supervision as stated herein,

in paragraph (c);

(5) Fee payable to the State of Delaware.

(B) Following the examination, the temporary licensee shall submit to the Board a notarized copy of the verification of exam scores , if the Board has not directly received the results of the examination. If the temporary licensee has not

successfully passed the examination the temporary license will be surrendered to the Board immediately upon notification of exam results.

(C) Supervision of the exam-eligible occupational therapist with a temporary license shall be defined as follows:

(1) The supervising occupational therapist must hold a current license to practice in the state of Delaware;

(2) Must have completed a minimum of one year of practice from the date of their permanent licensure status;

(3) Supervision must consist of daily face to face contact between the supervisor and the temporary licensee;

(4) The supervising occupational therapist shall at no time supervise more than four (4) temporarily licensed occupational therapists. In the event that the temporary licensees should be working at separate sites, the supervising therapist shall supervise no more than two (2) temporarily- licensed therapists. A supervising therapist can assume responsibility for no more than five (5) including temporarily licensed OTs and OTAs and licensed OTAs.

RULE 4: TEMPORARY LICENSURE/EXAMINATION ELIGIBLE OTA:

(A) To apply for a temporary license, an applicant shall submit to the Board:

(1) A completed, notarized, application on the form provided by the Board;

(2) Official transcript and proof of successful completion of field work submitted by the school directly to the Board Office;

(3) A letter indicating the date on which the applicant proposes to take the NBCOT examination;

(4) A signed agreement from an occupational therapist currently licensed by the state of Delaware certifying that the applicant will be supervised while practicing, in accordance with the definitions for supervision as stated herein,

in paragraph (c);

(5) Fee payable to the State of Delaware.

(B) Following the examination, if the Board has not directly received the results of the examination, the temporary licensee shall submit to the Board a notarized copy of the verification of exam scores,. If the temporary licensee has not successfully passed the examination, the temporary license will be surrendered to the Board immediately upon notification of exam results.

(C) Supervision for the examination-eligible occupational therapy assistant with a temporary license shall be defined as follows:

(1) The supervising occupational therapist must hold a current license to practice in the state of Delaware;

(2) Must have completed a minimum of one year of practice from the date of their permanent licensure status;

(3) Direct Supervision as defined in Rule 1 shall be required of all temporarily licensed occupational therapy assistants;

(4) The supervising occupational therapist shall at no time supervise more than three (3) temporarily licensed occupational therapy assistants. A supervising therapist can assume responsibility for no more than five (5) including temporarily licensed OT, OTAs and licensed OTAs).

RULE 5: CONTINUING EDUCATION:

(A) Continuing Education Units (CEUs):

Contact hours shall be prorated for new licensees in accordance with the following schedule:

**21 months up to and including 24 months remaining in the licensing cycle requires ......... 20 hours

**16 months up to and including 20 months remaining in the licensing cycle requires ......... 15 hours

**11 months up to and including 15 months remaining in the licensing cycle requires ........ 10 hours

**10 months or less remaining in the licensing cycle........ exempt

(B) Definition of Acceptable Continuing Education Credits:

Credits must be earned in two (2) or more of the seven (7) categories for continuing education beginning on page 8.

(C) Continuing Education Content:

Activities must be in a field of health and social services related to occupational therapy. Approval will be at the discretion of the Board. CEUs earned in excess of the required credits for the two (2) year period may not be carried over to the next biennial period.

(D) Definition of Contact Hours:

(1) Academic course work, correspondence courses, or seminar/workshop shall be equivalent to one (1) contact hour.

(2) One (1) academic semester hour shall be equal to fifteen (15) contact hours.

(3) One (1) academic quarter hour shall be equal to ten (10) contact hours.

(4) The preparing of original lectures, seminars, or workshops in occupational therapy or health care subjects shall be granted one (1) contact hour for preparation for each contact hour of presentation. Credit for preparation shall be given for the first presentation only.

(E) Categories for Continuing Education:

(1) COURSES: The maximum number of hours for course work which shall not exceed nineteen (19) hours, (1.9 CEUs), are hour-for-hour program content only, courses from extension courses, refresher courses, workshops, seminars, lectures, conferences, in-services, as long as they enhance occupational therapy services. Excluded are any job related duties in the workplace such as fire safety, OSHA or CPR.

(2) PROFESSIONAL MEETINGS & ACTIVITIES: The maximum number of credit hours shall not exceed ten (10) hours, (1.0 CEUs). Approved credit includes attendance at: DOTA business meetings, AOTA business meetings, AOTA Representative Assembly meetings, NBCOT meetings, OT Licensure Board meetings and AOTA National Round Table discussions. Credit will be given for participation as an elected or appointed member/officer on a board, committee or council in the field of health and social service related to occupational therapy. Excluded are any job related meetings such as department meetings, supervision of students and business meetings within the work setting.

(3) PUBLICATIONS: The maximum number of credit hours shall not exceed fifteen (15) hours, (1.5 CEUs). These include writing chapters, books, abstracts, book reviews accepted for publication and media/video for professional development in any venue. Prior approval by the Board for individual credit is mandatory for the licensee. Publications submitted at the close of the licensure period, which have not been previously reviewed and approved by the Board, will not be considered for continuing education credits.

(4) PRESENTATIONS: The maximum number of credit hours shall not exceed fifteen (15) hours, (1.5 CEUs). This includes workshops and community service organizations presentations that the licensee presents. Credit will not be given for the presentation of information that the licensee has already been given credit for under another category.

(5) RESEARCH/GRANTS: May be used one time for CEUs per study/topic regardless of length of project, not to exceed ten (10) hours, (1.0 CEUs). CEUs accumulated under this category may not be used under the publication category. Licensee must submit documentation of authorship or letters from authorizing entity to receive continuing education credit. Documentation must be presented for prior Board approval to determine the number of CEU hours.

(6) SPECIALTY CERTIFICATION: Approval of credit hours for specialty certification, requiring successful completion of courses and exams attained during the current licensure period will be at the discretion of the Board. Examples include Certified Hand Therapist (CHT) and Certified Pediatric Occupational Therapist (BCP).

(7) HOME STUDY COURSES: The maximum number of credit hours shall not exceed ten (10) hours, (1.0 CEUs). These include distance learning and correspondence courses. Documentation must be presented for prior Board approval for home study courses.

The Delaware Real Estate Commission, in accordance with 24 Delaware Code, Section 2905(a)(1) and 29 Delaware Code, Section 10115 of the Administrative Procedures Act, hereby give notice that it shall hold a public hearing on March 18, 1999 at 1:30 p.m. in the second floor Conference Room A of the Cannon Building, 861 Silver Lake Boulevard, Dover Delaware.

The Commission shall receive input in writing or by oral testimony from interested persons regarding revisions of the rules and regulations: Rule I.C.I (Responsibility). Add sentence specifying responsibility of broker to see that all agents affiliated with his/her office are currently licensed; Rule II.A.2. Non-substantive changes updating the title of the education guidelines. Rule XII. (Inducements). Add subsection B permitting a broker or salesperson who must be a resident or non-resident licensee to give a rebate/discount/ any other thing of value to a purchaser or seller and C which requires the licensee to disclose to his or her principal any rebate or discount made to buyer.

The final date for interested persons to submit views in writing or orally shall be at the above scheduled public hearing. Anyone wishing to make oral or written comments or who would like a copy of the proposed changes may contact the Commission office at 302-739-4522, extension 219, or write to the Delaware Real Estate Commission , 861 Silver Lake Boulevard Suite 203, Dover, DE 19904-2467.

SECTIONS: PAGE

Introduction 1

Requirements for Obtaining a Salesperson's License 2

Requirements for Obtaining a Real Estate Broker's

License 3

Reciprocal Licenses 5

Escrow Accounts 5

Transfer of Broker or Salesperson 6

Business Transactions and Practices 6

Renewal of Licenses 8

Availability of Rules and Regulations 9

Disclosure 9

Hearings 11

Inducements 11

Necessity of License 11

Out of State Land Sales Applications 11

*Please note that the above page numbers refer to the original document and not to the Register.

I. Introduction

A. Authority

1. Pursuant to 24 Del. C. Section 2905, the Delaware Real Estate Commission is authorized and empowered and hereby adopts the rules and regulations contained herein.

2. The Commission reserves the right to make any amendments, modifications or additions hereto, that, in its discretion are necessary or desirable.

3. The Commission reserves the right to grant exceptions to the requirements of the rules and regulations contained herein upon a showing of good cause by the party requesting such exception, provided such exception is not inconsistent with the requirements of 24 Del. C. Chapter 29.

B. Applicability

The rules and regulations contained herein, and any amendments, modifications or additions hereto are applicable to all persons presently licensed as real estate brokers or real estate salespersons, and to all persons who apply for such licenses.

C. Responsibility

1. It is the responsibility of the employing broker to insure that the rules and regulations of the Commission are complied with by licensees. Every broker is responsible for making certain that all of his or her sales agents are currently licensed, and that their agents make timely application for license renewal. A broker's failure to meet that responsibility may result in a civil fine against the broker of up to $1,000.00 per agent.

2. Each office location shall be under the direction of a broker of record, who shall provide complete and adequate supervision of that office. A broker serving as broker of record for more than one office location within the State shall apply for and obtain an additional license in his name at each branch office. The application for such additional license shall state the location of the branch office and the name of a real estate broker or salesperson licensed in this State who shall be in charge of managing the branch office on a full time basis.

A broker shall not serve as broker of record unless said broker has been actively engaged in the practice of real estate, either as a licensed salesperson or a licensed broker, for the preceding three (3) years.

Where an unforeseen event, such as a resignation or termination from employment, death, emergency, illness, call to military service or training, or a sanction imposed by the Commission causes or necessitates the removal of the sole licensed broker in an office, arrangements may be made with the Commission for another broker to serve as broker of record for said office on a temporary basis.

The employment of a sales manager, administrative manager, trainer, or other similar administrator shall not relieve the broker of record of the responsibilities contained and defined herein.

3. The failure of any licensee to comply with the Real Estate Licensing Act and the rules and regulations of the Commission may result in disciplinary action in the form of a reprimand, civil penalty, suspension or revocation of the broker's and/or salesperson's license.

II. REQUIREMENTS FOR OBTAINING A SALESPERSON'S LICENSE

The Commission shall consider any applicant who has successfully completed the following:

A. Course

1. The Commission shall consider any applicant who has successfully completed an accredited course in Real Estate Practice.

2. Effective May 1, 1978, all real estate courses shall be limited to thirty-five (35) students in each class. This applies to both day and night courses. All other regulations regarding real estate courses are issued under the "Guidelines for Fulfilling the Delaware Real Estate Continuing Education Requirements". The Commission reserves the right to grant exception to this limitation.

B. Examination

1. Within twelve (12) months of completing an accredited course, the applicant must make application to the Commission by submitting a score report showing successful completion of the examination required by the Commission. The applicant must forward all necessary documentation to the Commission to be considered for licensure.

2. An applicant may sit for the examination a maximum of three (3) times after successful completion of an approved course in real estate practice. If an applicant fails to pass the examination after three (3) attempts at such, the applicant shall be required to retake and successfully complete an approved course in real estate practice before being permitted to sit for the examination again.

C. Ability to conduct business

1. The Commission reserves the right to reject an applicant based on his or her inability to transact real estate business in a competent manner or if it determines that the applicant lacks a reputation for honesty, truthfulness and fair dealings.

2. The minimum age at which a salesperson's license can be issued is eighteen (18).

D. Fees

The Commission shall not consider an application for a salesperson's license unless such application is submitted with evidence of payment of the following fees:

1. Salesperson's application fee established by the Division of Professional Regulation pursuant to 29 Del. C. Section 8807(d).

III. REQUIREMENTS FOR OBTAINING A REAL ESTATE BROKER'S LICENSE

The Commission shall consider the application of any person for a broker's license upon completion of the following:

A. Course

1. The Commission shall consider the application of any person for a license after said applicant has successfully completed an accredited course.

2. Effective May 1, 1978, all courses shall be limited to thirty-five (35) students in each class.

B. Experience

1. A salesperson must hold an active license in the real estate profession for five (5) continuous years immediately preceding application for a broker's license.

2. The applicant shall submit to the Commission a list of at least thirty (30) sales or other qualified transactions, showing dates, location, purchaser's name and seller's name. These sales must have been made by the applicant within the previous five (5) years through the general brokerage business and not as a representative of a builder, developer, and/or subdivider. Transactions involving time-shares, leases, or property management are not qualified transactions for purposes of obtaining a real estate broker's license. The Commission reserves the right to waive any of the above requirements, upon evidence that the applicant possesses sufficient experience in the real estate business or demonstrates collateral experience to the Commission.

3. The list of thirty (30) sales or other qualified transactions and/or the variety of the licensee's experience must be approved by the Commission.

C. Examination

Within twelve (12) months of completing an accredited course, the applicant must submit a score report showing successful completion of the examination required by the Commission and submit all necessary documentation including the credit report required by Paragraph E of this rule to the Commission to be considered for licensure.

D. Ability to conduct business

1. The Commission reserves the right to reject an applicant based on his or her ability to transact real estate business in a competent manner or if it determines that the applicant lacks experience, a reputation for honesty, truthfulness and fair dealings.

2. The minimum age at which a person can be issued a broker's license is twenty-three (23).

E. Credit Report

Each applicant shall submit a credit report from an approved credit reporting agency, which report shall be made directly to the Commission.

F. Fees

The Commission shall not consider an application for a broker's license unless such application is submitted with evidence of payment of the following fees:

1. Broker's application fee established by the Division of Professional Regulation pursuant to 29 Del. C. Sec. 8807(d).

IV. RECIPROCAL LICENSES

A. Requirements

1. A non-resident of this State who is duly licensed as a broker in another state and who is actually engaged in the business of real estate in the other state may be issued a non-resident broker's license under 24 Del. C. Sec. 2909(a).

2. A non- resident salesperson who is duly licensed as a salesperson in another state and who is actually engaged in the business of real estate in the other state may be issued a non-resident salesperson's license provided such non-resident salesperson is employed by a broker holding a broker's license issued by the Commission.

3. The Commission, at its discretion, may issue a non-resident broker's or salesperson's license without the course and examination required by Rules II.B. or III.C. provided the non-resident broker or salesperson passed an equivalent course and examination in his/her resident state and provided that such other state extends the same privilege to Delaware real estate licensees.

V. ESCROW ACCOUNTS

A. All moneys received by a broker as agent for his principal in a real estate transaction shall be deposited within three (3) banking days after a contract of sale or lease has been signed by both parties, in a separate escrow account so designated, and remain there until settlement or termination of the transaction at which time the broker shall make a full accounting thereof to his or her principal.

B. All moneys received by a salesperson in connection with a real estate transaction shall be immediately delivered to the appropriate broker.

C. A broker shall not co-mingle money or any other property entrusted to him with his money or property, except that a broker may maintain up to $100.00 of his/her own funds in the escrow account to cover bank service charges and to maintain the minimum balance necessary to avoid the account being closed.

D. A broker shall maintain in his office a complete record of all moneys received or escrowed on real estate transactions, including the sources of the money, the date of receipt, depository, and date of deposit; and when a transaction has been completed, the final disposition of the moneys. The records shall clearly show the amount of the broker's personal funds in escrow at all times.

E. An escrow account must be opened by the broker in a bank with an office located in Delaware in order to receive, maintain or renew a valid license.

F. The Commission may summarily suspend the license of any broker who fails to comply with Paragraph D, who fails to promptly account for any funds held in escrow, or who fails to produce all records, books, and accounts of such funds upon demand. The suspension shall continue until such time as the licensee appears for a hearing and furnishes evidence of compliance with the Rules and Regulations of the Commission.

G. Interest accruing on money held in escrow belongs to the owner of the funds unless otherwise stated in the contract of sale or lease.

VI. TRANSFER OF BROKER OR SALESPERSON

A. All licensees who transfer to another office, or brokers who open their own offices, but who were associated previously with another broker or company, must present a completed transfer form to the Commission signed by the individual broker or company with whom they were formerly associated, before the broker's or salesperson's license will be transferred. In addition all brokers who are non-resident licensees must also provide a current certificate of licensure.

B. The Commission reserves the right to waive this requirement upon a determination of good cause.

C. All brokers of record who move the physical location of their office shall notify the Commission in writing at least 30 days, or as soon as practical, prior to such move by filing a new office application.

VII. BUSINESS TRANSACTIONS AND PRACTICES

A. Written Listing Agreements

Listing Agreements for the rental, sale, lease or exchange of real property, whether exclusive, co-exclusive or open shall be in writing and shall be signed by the seller or owner.

B. Copy of agreements

Every party to a listing agreement, agreement of purchase and sale, or lease shall be furnished with an executed copy of such contract or contracts. It shall be the responsibility of the licensee to deliver an executed copy of the agreements to the principals within a reasonable length of time after execution.

C. Advertising

1. Any licensee who advertises, on signs, newspapers or any other media, property personally owned and/or property in which a licensee has any ownership interest, and said property is not listed with a broker, must include in the advertisement that he/she is the owner of said property and that he/she is a real estate licensee.

2. Any licensee who advertises in newspapers or any other media, property personally owned and/or property in which the licensee has any ownership interest, and said property is listed with a broker, must include in the advertisement the name of the broker under whom he/she is licensed, that he/she is the owner of said property, and that he/she is a real estate licensee. This subsection does not apply to signs.

3. Any licensee who advertises, by signs, newspaper, or any other media, any property for sale, lease, exchange, or transfer that is listed with a broker must include in the advertisement the name of the broker under whom the licensee is licensed.

4. All advertisements for personal promotion of licensees must include the name of the company under whom the licensee is licensed.

D. Separate Office

1. Applicants for broker's licenses and those presently licensed must maintain separate offices in which to conduct the real estate business. Nothing contained herein, however, shall preclude said persons from sharing facilities with such other businesses as insurance, banking, or others that the Commission shall deem compatible.

2. Where the office is located in a private home, said office must have a separate entrance and must be approved by the Commission. The broker must place a permanent sign indicating the name under which the office is licensed, in a conspicuous location.

E. Compensation

1. Licensees shall not accept compensation from more than one party to a transaction, even if permitted by law, without timely disclosure to all parties to the transaction.

2. When acting as agent, a licensee shall not accept any commission, rebate, or profit on expenditures made for his principal-owner without the principal's knowledge and informed consent.

F. Duty to Cooperate

Brokers and salespersons shall cooperate with all other brokers and salespersons involved in a transaction except when cooperation is not in the client's best interest. The obligation to cooperate does not include the obligation to share commissions or to otherwise compensate another broker or salesperson.

VIII. RENEWAL OF LICENSES

A. Renewal Required by Expiration Date on License

In order to qualify for license renewal as a real estate salesperson or broker in Delaware, a licensee shall have completed 15 hours of continuing education within the two year period immediately preceding the renewal. The broker of record for the licensee seeking renewal shall certify to the Commission, on a form supplied by the Commission, that the licensee has complied with the necessary continuing education requirements. This certification form shall be submitted by the licensee together with his/her renewal application and renewal fee. The broker of record shall retain for a period of one (1) year, the documents supporting his/her certification that the licensee has complied with the continuing education requirement. A licensee who has not paid the fees and/or met the requirements for the renewal of his or her license by the expiration date shown thereon, shall not list, sell, lease or negotiate for others after such date.

B. Delinquency Fee

1. If a licensee fails to renew his or her license prior to the expiration date shown thereon, he or she shall be required to pay the full license fee and an additional delinquency fee equal to one half of the license fee. If a licensee fails to renew his or her license within 60 days of the expiration date shown thereon, the license shall be cancelled.

2. Failure to receive notice of renewal by a licensee shall not constitute a reason for reinstatement.

C. Reinstatement of License

1. A cancelled license shall be reinstated only after the licensee pays the necessary fees, including the delinquency fee, and passes any examinations required by the Commission. If the licensee fails to apply for renewal within 6 months of the cancellation date, the licensee shall be required to take the state portion of the examination. If the licensee fails to apply for renewal before the next renewal period commences (two years), the licensee shall be required to pass both the state and the national portions of the examination.

2. No person whose license has been revoked will be considered for the issuance of a new license for a period of at least two (2) years from the date of the revocation of the license. Such person shall then fulfill the following requirements: he or she shall attend and pass the real estate course for salespersons; take and pass the Commission's examination for salespersons; and any other criteria established by the Commission. Nothing above shall be construed to allow anyone to take the course for the purpose of licensing until after the waiting period of two (2) years. Nothing contained herein shall require the Commission to issue a new license upon completion of the above mentioned requirements, as the Commission retains the right to deny any such application.

IX. AVAILABILITY OF RULES AND REGULATIONS

A. Fee Charge for Primers

Since licensees are required to conform to the Commission's Rules and Regulations and the Laws of the State of Delaware, these Rules and Regulations shall be made available to licensees without charge. However, in order to help defray the cost of printing, students in the real estate courses and other interested parties may be required to pay such fee as stipulated by the Division of Professional Regulation for the booklet or printed material.

X. DISCLOSURE

A. A licensee who is the owner, the prospective purchaser, lessor or lessee or who has any personal interest in a transaction, must disclose his or her status as a licensee to ALL persons with whom he or she is transacting such business, prior to the execution of any agreements and shall include on the agreement such status.

B. Any licensee advertising real estate for sale stating in such advertisement, "If we cannot sell your home, we will BUY your home", or words to that effect, shall disclose in the original listing contract at the time he or she obtains the signature on the listing contract, the price he will pay for the property if no sales contract is executed during the term of the listing. Said licensee shall have no more than sixty (60) days to purchase and settle for the subject property upon expiration of the original listing or any extension thereof.

C. A licensee who has direct contact with a potential purchaser or seller shall disclose in writing whom he/she represents in any real estate negotiation or transaction. The disclosure as to whom the licensee represents should be made at the 1st substantive contact to each party to the negotiation or transaction. In all cases such disclosure must be made prior to the presentation of an offer to purchase. A written confirmation of disclosure shall also be included in the contract for the real estate transaction.

The written confirmation of disclosure in the contract shall be worded as follows:

With respect to agent for seller: "This broker, any cooperating broker, and any salesperson working with either, are representing the seller's interest and have fiduciary responsibilities to the seller, but are obligated to treat all parties with honesty. The broker, any cooperating broker, and any salesperson working with either, without breaching the fiduciary responsibilities to the seller, may, among other services, provide a potential purchaser with information about the attributes of properties and available financing, show properties, and assist in preparing an offer to purchase. The broker, any cooperating broker, and any salesperson working with either, also have the duty to respond accurately and honestly to a potential purchaser's questions and disclose material facts about properties, submit promptly all offers to purchase and offer properties without unlawful discrimination."

With respect to agent for buyer: "This broker, and any salesperson working for this broker, is representing the buyer's interests and has fiduciary responsibilities to the buyer, but is obligated to treat all parties with honesty. The broker, and any salesperson working for the broker, without breaching the fiduciary responsibilities to the buyer, may, among other services, provide a seller with information about the transaction. The broker, and any salesperson working for the broker, also has the duty to respond accurately and honestly to a seller's questions and disclose material facts about the transaction, submit promptly all offers to purchase through proper procedures, and serve without unlawful discrimination."

In the case of a transaction involving a lease in excess of 120 days, substitute the term "lessor" for the term "seller", substitute the term "lessee" for the terms "buyer" and "purchaser", and substitute the term "lease" for "purchase" as they appear above.

D. If a property is the subject of an agreement of sale but being left on the market for backup offers, or is the subject of an agreement of sale which contains a right of first refusal clause, the existence of such agreement must be disclosed by the listing broker to any individual who makes an appointment to see such property at the time such appointment is made.

XI. HEARINGS

A. When a complaint is filed with the Commission against a licensee, the status of the broker of record in that office shall not change.

B. There shall be a maximum of one (1) postponement for each side allowed on any hearing which has been scheduled by the Commission. If any of the parties are absent from a scheduled hearing, the Commission reserves the right to act based upon the evidence presented.

XII. INDUCEMENTS

A. Real Estate licensees cannot use commissions or income received from commissions as rebates or compensation paid to or given to NON-LICENSED PERSONS, partnerships or corporations as inducements to do or secure business, or as a finder's fee.

B. This Rule does not prohibit a real estate broker or salesperson from giving a rebate or discount or any other thing of value directly to the purchaser or seller of real estate. The real estate broker or salesperson, however, must be licensed as a resident or non-resident licensee by the Commission under the laws of the State of Delaware.

C. A real estate broker or salesperson has an affirmative obligation to make timely disclosure, in writing, to his or her principal of any rebate or discout that may be made to the buyer.

XIII. NECESSITY OF LICENSE

A. For any property listed with a broker for sale, lease or exchange, only a licensee shall be permitted to host or staff an open house or otherwise show a listed property. That licensee may be assisted by non-licensed persons provided a licensee is on site. This subsection shall not prohibit a seller from showing their own house.

B. For new construction, subdivision, or development listed with a broker for sale, lease or exchange, a licensee shall always be on site when the site is open to the general public, except where a builder and/or developer has hired a non-licensed person who is under the direct supervision of said builder and/or developer for the purpose of staffing said project.

XIV. OUT OF STATE LAND SALES APPLICATIONS

A. All applications for registration of an out of state land sale must include the following:

1. A completed license application on the form provided by the Commission.

2. A $100 filing fee made payable to the State of Delaware.

3. A valid Business License issued by the State of Delaware, Division of Revenue.

4. A signed Appointment and Agreement designating the Delaware Secretary of State as the applicant's registered agent for service of process. The form of Appointment and Agreement shall be provided by the Commission. In the case of an applicant which is a Delaware corporation, the Commission may, in lieu of the foregoing Appointment and Agreement, accept a current certificate of good standing from the Delaware Secretary of State and a letter identifying the applicant's registered agent in the State of Delaware.

5. The name and address of the applicant's resident broker in Delaware and a completed Consent of Broker form provided by the Commission. Designation of a resident broker is required for all registrations regardless of whether sales will occur in Delaware.

6. A bond on the form provided by the Commission in an amount equal to ten (10) times the amount of the required deposit.

7. Copies of any agreements or contracts to be utilized in transactions completed pursuant to the registration.

B. Each registration of an out of state land sale must be renewed on an annual basis. Each application for renewal must include the items identified in sub-sections 2 through 4 of Section A above and a statement indicating whether there are any material changes to information provided in the initial registration. Material changes may include, but are not limited to, the change of the applicant's resident broker in Delaware; any changes to the partners, officers and directors' disclosure form included with the initial application; and any changes in the condition of title.

C. If, subsequent to the approval of an out of state land sales registration, the applicant adds any new lots or units or the like to the development, then the applicant must, within thirty days, amend its registration to include this material change. A new registration statement is not required, and the amount of the bond will remain the same.

The Delaware Gaming Control Board proposed amendments to the Bingo Regulations and charitable Gambling Regulations. The Board proposes these regulations pursuant to 28 Del. C. §1122 and 29 Del. C. §10111. A copy of the proposed regulations are attached to this letter.

The public may obtain copies of the existing regulations and proposed regulations from the Board's office, Division of Professional Regulations, c/o Lynn Houska, Cannon Building, Suite #203, 861 Silver Lake Boulevard, Dover, DE 19904, phone (302) 739-4522. The Board will accept written comments from February 1, 1999, until March 2, 1999. A public hearing will be held at the Board's monthly meeting on March 3, 1999, at 1:00 p.m. at the Common Building, second floor conference room.

The Board proposes to amend Charitable Gambling Regulation 3.12 to provide for filing of an after occasion report within fifteen (15) days of the last day of the function consistent with 28 Del. C. §1140. The Board proposes to amend Bingo Regulation 1.04(7) to further define the cookie jar bingo games by providing: 1) that no licensee can start a third cookie jar bingo jackpot without first giving away their first cookie jar bingo jackpot; and, 2) if a licensee has not given away a first cookie jar jackpot as required, then the licensee must hold a separate bingo coverall game as the last game to award the jackpot.

3.12: Reports After the Function.

Within fifteen (15) days of the last day of the Function, the member-in-charge shall submit a report to the Board stating the amount of Gross Receipts, the Net Proceeds and the list of expenses incurred. This report must indicate the specific charitable purposes for which the proceeds will be used.

1.04(7): Conduct of Bingo.

No prizes greater in an amount or value than $250 shall be offered or given in any single game and the aggregate amount or value of all prizes offered or given in all games played on a single occasion shall not exceed $1,000. All winners shall be determined and all prizes shall be awarded in any game played on any occasion within the same calendar day as that upon which the game is played. The value of any promotional giveaways, which shall be no more than $500 per annum to be distributed at an organizational anniversary date and no more than three (3) holiday dates per year shall not be counted towards the dollar amounts described in this section. However, a licensee may offer inducements, including but not limited to cookie-jar bingo games that do not exceed $500 per game per night, free refreshments, and free transportation of players to and from bingo events, to attract bingo players to the bingo event, provided that the fair market value of inducements is limited to 15% of the total amount of all other prizes offered or given during the bingo event.

Any amounts in any cookie-jar bingo games shall not be included in the limitations of this section or in any prize money limitations. A bingo licensee may not have more than two $500 cookie jar bingo pots at any one time which are to be awarded to players. The licensee must award the first cookie jar bingo pot before it may start a third cookie jar bingo pot. In the event that a licensee has a first cookie jar bingo pot of $500 and then accrues a second cookie jar bingo pot of $500, the licensee must award the first cookie jar pot to a player on the occasion at which the second cookie jar pot reaches the $500 limit. On such occasion, if the first cookie jar pot is not awarded by the end of the occasion, the licensee shall conduct a final special bingo game of "full card" or "black out" bingo using a separate, single card, and the first $500 cookie jar shall be won by the player or players who first covers al spaces on their entire card.

The Secretary seeks the consent of the State Board of Education to repeal the regulation School Calendar and Required Days and Hours of Instruction, I.D.2., page A-7 in the Handbook for K-12 Education. The repeal is necessary because the regulation is simply a repeat of Del. C., Section 1049, and does not need to be in regulation since it is already in the Del. C.

From Handbook For K-12 Education

2. School Calendar And Required Days And Hours of Instruction

Delaware Code, Title 14, Section 1049 as amended in January 1996 gives local school boards the following authority concerning the school calendar and hours of instruction:

a. Local school boards will determine the hours of daily school sessions, holidays when district schools will be closed and days on which teachers attend educational improvement activities.

b. District calendars shall be adopted by April 30 for the ensuing year and may only be amended following 30 days public notice.

c. Requirements Related to Calendar Days

(1) Grades 1-12 must attend at least 180 days of school.

(2) Kindergarten students must attend 176 days of school in either a morning or afternoon session or the equivalent.

(3) Up to 4 days per semester may be abbreviated for parent-teacher conferences, curriculum development, semester examinations, or other school improvement activities.

(a) Except for the first and last day of the school year any such abbreviated day shall be at least 3 1/2 hours exclusive of lunch and shall not be scheduled on a school day preceding a scheduled holiday.

(b) Morning and afternoon sessions of kindergarten shall be alternated on such abbreviated days.

d. Requirements Related to Hours

(1) For grades 1-12 the length of the regular school day shall be at least six hours exclusive of lunch.

(a) A district may schedule days with fewer than six hours so long as the total scheduled hours of instruction do not fall below 1,060 hours.

(2) The actual hours of instruction may be less than 1,060 hours due to unplanned delays or early dismissals of not more than two hours in each instance which are caused by weather or other unforeseen emergency circumstances.

The Secretary seeks the consent of the State Board of Education to repeal the regulation on Technology, I.L.7., page A-39 in the Handbook for K-12 Education. The repeal is necessary because it is simply a technical assistance statement and does not regulate anything.

FROM HANDBOOK FOR K-12 EDUCATION

7. TECHNOLOGY

a. Philosophy

Technological advancements have become a part of our society affecting all segments of our lives. Educators recognize the potential of these advancements in supporting instruction, preparing students for a technological age and assisting with information management.

At all levels of education, educators are very interested in the effect technology has on instruction and have implemented various technologies to enhance instruction. The state recognizes the need to establish priorities for instructional technology, coordinate the use of technology, and promote training and staff development to assure full benefit of technology.

b. Specific information on the Technology issues can be found in the State Instructional Technology Plan.

The Office of Vital Statistics, Division of Public Health of the Department of Health and Social Services, will hold a public hearing to discuss proposed Regulations for the Vital Statistics Code (Title XVI, Chapter 31, Delaware Code). These proposed regulations describe procedures the Office of Vital Statistics will utilize in registering, maintaining, and releasing vital events for the State of Delaware.

This public hearing will be held on Monday, March 15, 1999 beginning at 10:00 a.m. in Room 309, Jesse Cooper Building, Dover, Delaware.

Copies of the proposed regulations are available for review by contacting:

Mr. Michael Richards

Office of Vital Statistics

Division of Public Health

Jesse Cooper Building

P. O. Box 637

Dover, Delaware 19903

Telephone: 302.739.4721

Anyone wishing to present their oral comments at this hearing should contact Mr. Michael Richards at (302) 577- 6666 by March 8, 1999. Anyone wishing to submit written comments as a supplement to, or in lieu of oral testimony should submit such comments by March 19, 1999 to:

Mr. Michael Richards, Director

Office of Vital Statistics

Division of Public Health

PO Box 637

Dover, Delaware 19903

Del. Code. §3104 has established in the Division of Public Health an Office of Vital Statistics which shall install, maintain and operate the only system of vital statistics throughout this State. The Office of Vital Statistics shall have branch offices in each county. The Department of Health and Social Services shall designate one such branch as the central Office of Vital Statistics, and this branch shall be responsible for the supervision of the operation of the other vital statistics offices throughout this State.

The State Registrar may delegate such duties and responsibilities to branch offices as he or she deems necessary to insure the efficient operation of the system of vital statistics. These duties may include any or all of the following:

(a) The receipt, processing, and maintenance of records of birth, death, fetal death, and marriage occurring within their respective counties. This includes the receipt of these records from the person responsible for their filing, checking them for accuracy and completeness, and forwarding them to the central Office of Vital Statistics at intervals prescribed by the State Registrar.

(b) Issuance of certified copies of birth, death, fetal death and marriage records. The records from which the certified copies are issued shall be those maintained in the branch office or shall be provided by the central Office of Vital Statistics. All forms and procedures used to issue the certified copies shall be provided or approved by the State Registrar. If it is deemed appropriate and feasible, any branch office may be provided access to all birth, death and marriage records filed in Delaware.

(c) Acting as the agent of the State Registrar in their designated area and providing assistance to physicians, hospitals, funeral directors, and others in matters related to the system of vital statistics.

(d) Performing such other duties as may be prescribed by the State Registrar.

When an authorized reproduction of a vital record has been properly prepared by the State Registrar in accordance with Title 29, Chapter 5 of the Delaware Code and when all steps have been taken to insure the continued preservation of the information, the record from which such authorized reproduction was made may be disposed of in accordance with an approved disposition schedule. Such record may not be disposed of, however, until the quality of the authorized reproduction has been tested in accordance with Title 29, Chapter 5 of the Delaware Code to insure that acceptable certified copies can be issued and until a security copy of such document has been placed in a secure location removed from the building where the authorized reproduction is housed. Such security copy shall be maintained in such a manner to insure that it can replace the authorized reproduction should the authorized reproduction be lost or destroyed.

The State Registrar shall update the appropriate retention and disposition schedules as necessary. The State Division of Historical and Cultural Affairs shall adhere to applicable state laws and regulations pertaining to vital records.

Regulation 3.1. Media, Forms, Certificates, Electronic Data Files.

All forms, certificates, records, electronic data files, and reports used in the system of vital statistics are the property of the Department of Health and Social Services and shall be surrendered to the State Registrar upon demand. The forms prescribed and distributed by the State Registrar for reporting vital statistics shall be used only for official purposes. Only those forms furnished or approved by the State Registrar shall be used in the reporting of vital statistics or in making copies thereof. Electronic data records shall be accepted only when standards set by the State Registrar are met.

Regulation 3.2. Requirements for Preparation of Certificates.

All forms, certificates, and reports relating to vital statistics must either be type written or printed legibly in black, unfading ink, or stored on electronic media approved by the State Registrar. All signatures required shall be entered in black, unfading ink or stored electronically. Unless otherwise directed by the State Registrar, no certificate shall be complete and correct and acceptable for registration:

(a) That does not contain the certifier's name typed or printed legibly;

(b) that does not supply all items of information called for thereon or satisfactorily account for their omission;

(c) that contains alterations or erasures;

(d) that does not contain handwritten signatures as required;

(e) that is marked "copy" or "duplicate";

(f) that is a carbon copy;

(g) that is prepared on an improper form;

(h) that contains improper or inconsistent data;

(i) that contains an indefinite cause of death which denotes only symptoms of disease or conditions resulting from disease;

(j) that is not prepared in conformity with regulations or instructions issued by the State Registrar.

To protect the integrity of vital records:

(a) The State Registrar or other custodians of vital records shall not permit inspection of these records, or disclose information contained in vital statistics records, or copy or issue a copy of all or part of any such record unless he or she is satisfied that the applicant is authorized to obtain a copy or abstract of such record.

(1) Family members doing genealogical research and genealogists representing a family member may obtain copies of records needed for their research. Unless the registrant is deceased, appropriate authorizations shall be required from the registrant or relevant family members as defined in section 3110(b) for the release of the records. If family members, or genealogists representing them, are unable to establish the death of a registrant or to identify those closer family members authorized by Section 3110(b), they may obtain copies of marriage and death records only upon presentation of evidence satisfactory to the State Registrar that they are directly descended from a parent or grandparent of the registrant.

(2) The term "authorized representative" shall include an attorney, physician, funeral director, or other designated agent acting in behalf of the registrant or his or her family.

(3) The natural parents of adopted children, when neither has custody, and commercial firms or agencies requesting listings of names and addresses shall not be authorized to obtain copies or abstracts of the record.

(b) The State Registrar or local custodian shall not issue a certified copy of a record until the applicant has provided sufficient information to locate the record. Whenever it shall be deemed necessary to establish an applicant's right to information from a vital record, the State Registrar or local custodian may also require identification of the applicant or a sworn statement.

(c) When 72 years have elapsed after the date of birth, or 40 years have elapsed after the date of death or marriage, such records in the custody of the State Registrar shall become available to any person upon submission of an application containing sufficient information to locate the record. The State Registrar shall collect the same fee for each copy issued or search of the files made, as is charged for a single certified copy. The same fee shall apply for vital records in the possession of the Division of Historical and Cultural Affairs.

(d) All forms and procedures used in the issuance of certified copies of vital records in the state shall be uniform and provided or approved by the State Registrar. All certified copies issued shall have security features that deter the document from being altered, counterfeited, duplicated, or simulated without ready detection. All certified copies shall include, at a minimum, the following security features:

(1) sensitized security paper;

(2) background security design;

(3) copy void pantograph;

(4) consecutive numbering;

(5) engraved border;

(e) A certified copy or other copy of a death certificate containing the cause of death information shall not be issued except as follows:

(1) Upon specific request of the spouse, children, parents, or other next of kin of the decedent or their respective authorized representatives; or

(2) when a documented need for the cause of death to establish a legal right or claim has been demonstrated; or

(3) when the request for the copy is made by or on behalf of an organization that provides benefits to the decedent's survivors or beneficiaries; or

(4) upon specific request by local, state, or Federal agencies for research or administrative purposes approved by the Department of Health and Social Services; or

(5) when needed for statistical or research activities provided requests for such information conform to the Regulations Governing The Release of Vital Statistics Data For Research And Statistical Purposes established by the Department of Health and Social Services; or

(6) upon receipt of an order from a court of competent jurisdiction ordering such release.

(f) Nothing in these regulations shall be construed to permit disclosure of information contained in the "Information for Medical and Health Use Only" section of the certificate of birth or the "Information for Statistical Purposes Only" section of the certificate of marriage or certificate of divorce or annulment unless specifically authorized by the Department of Health and Social Services for statistical or research purposes. Such data shall not be subject to subpoena or court order and shall not be admissible before any court, tribunal, or other judicial body.

(g) When the State Registrar receives information that a certificate may have been registered through fraud or misrepresentation, he or she shall withhold issuance of any copy of that certificate pending an administrative hearing. The sole purpose of the hearing shall be to determine whether their is sufficient evidence to continue to withhold issuance of copies of said certificate. The State Registrar shall offer the registrant or the registrant's authorized representative notice and opportunity to be heard. If upon conclusion of the hearing no fraud or misrepresentation is found, copies may be issued. If upon conclusion of the hearing fraud or misrepresentation is found, the State Registrar shall remove the certificate from the file. The certificate and evidence shall be retained but shall not be subject to inspection or copying except upon order of a court of competent jurisdiction or by the State Registrar for purposes of administering the vital statistics program.

Regulation 5.1. Out-of-Institution Birth - Documentary Evidence.

When a birth occurs in Delaware outside of a hospital or institution, and the birth certificate is filed before six months, additional evidence in support of the facts of birth may be required.

A certificate for the birth shall be completed and filed upon presentation of the following evidence by the individual responsible for filing the certificate:

(a) Evidence of pregnancy, such as but not limited to:

(1) Prenatal record, or

(2) a statement from a physician or other health care provider qualified to determine pregnancy, or

(3) a home visit by a public health nurse or other health care provider, or

(4) other evidence acceptable to the State Registrar.

(b) Evidence that the infant was born alive, such as but not limited to:

(1) A statement from the physician or other health care provider who saw or examined the infant, or

(2) an observation of the infant during a home visit by a public health nurse, or

(3) other evidence acceptable to the State Registrar.

(c) Evidence of the mother's presence in this state on the date of the birth, such as but not limited to:

(1) If the birth occurred in the mother's residence,

(a) A driver's license, or a state-issued identification card, which includes the mother's current residence on the face of the license/card, or

(b) a rent receipt that includes the mother's name and address, or

(c) any type of utility, telephone, or other bill that includes the mother's name and address, or

(d) other evidence acceptable to the State Registrar.

(2) If the birth occurred outside of the mother's place of residence, and the mother is a resident of Delaware, such evidence shall consist of:

(a) An affidavit from the tenant of the premises where the birth occurred, that the mother was present on those premises at the time of the birth, and

(b) evidence of the affiant's residence similar to that required in paragraph (c)(1) of this regulation, and

(c) evidence of the mother's residence in Delaware similar to that required in paragraph (c)(1) of this regulation, or

(d) Other evidence acceptable to the State Registrar.

(3) If the mother is not a resident of Delaware, such evidence must consist of clear and convincing evidence acceptable to the State Registrar.

Regulation 5.2. Determination of Mother.

For the purposes of birth registration, the mother is deemed to be the woman who gives birth to the child, unless otherwise provided by state law or determined by a court of competent jurisdiction prior to the filing of the birth certificate.

The report for an infant of unknown parentage shall be registered on a current certificate of live birth and shall:

(a) Have "foundling" plainly marked in the top margin of the certificate;

(b) show the required facts as determined by approximation and have parentage data left blank;

(c) show the name and title of the custodian in lieu of the attendant.

If a report of a foundling is later placed in a special file as provided by Section 3122(d) of the Delaware Code, the State Registrar may inspect such information for purposes of properly administering the vital statistics program or as otherwise provided by state law.

Regulation 7.1. Acceptance of Death Certificate with Incomplete Personal Information.

If all the personal information necessary to complete a certificate of death is not available within the time prescribed for filing of the certificate, the funeral director or person acting as such, shall file the certificate with all information that is available and satisfactorily account for all the items that are omitted.

A supplemental report providing the personal information omitted from the original certificate shall be filed by the funeral director or person acting as such with the State Registrar as soon as possible, but in all cases within 30 days of the date the death occurred.

The supplemental report shall be used to revise the existing certificate of death; and the certificate of death shall be marked "Revised".

Regulation 7.2. Replacement of Pending Certificate

When a pending certificate of death is filed pursuant to Section 3123(e), a revised certificate of death providing the medical information omitted from the original certificate shall be completed by the certifier within thirty days of the date the death occurred, or within sixty days if an extension has been applied for through the State Registrar. The revised certificate shall be forwarded to the funeral director or person acting as such. The funeral director will complete all the personal information and file the revised certificate of death with the Office of Vital Statistics. The revised certificate of death shall replace the pending certificate of death and shall be considered the original. Such certificate shall not be marked "Revised".

Regulation 7.3. Hospital or Institution May Assist in Preparation of Certificate.

When a death occurs in a hospital or other institution and the death is not under the jurisdiction of the medical examiner, the person in charge of such institution, or his or her designated representative, may initiate the preparation of the certificate of death as follows:

(a) (1) Place the full name of the decedent and the date, time, and place of death on the certificate of death and obtain the medical certification of cause of death from the attending physician or;

(2) place the full name of the decedent and the date, time, and place of death on the certificate of death and obtain the pronouncing physician's attestation.

(b) present the partially completed certificate of death to the funeral director or person acting as such.

Regulation 8.1. Certificates.

(a) Whenever an adoption decree is amended or annulled, the clerk of the court shall prepare a report thereof. This report shall include such facts as are necessary to identify the original certificate of adoption and the facts amended in the adoption decree as shall be necessary to properly amend the birth record.

(b) When the State Registrar shall receive a certificate of adoption, report of annulment of adoption, or amendment of a decree of adoption for a person born outside Delaware, he or she shall forward such certificate or report to the State Registrar in the state of birth.

Regulation 8.2. New Certificate.

The new certificate of birth prepared after adoption shall be on the form in use at the time of its preparation and shall include the following items and such other information necessary to complete the certificate:

(a) The name of the child;

(b) the date and city and/or county of birth as transcribed from the original certificate;

(c) the names and personal particulars of the adoptive parents;

(d) the name of the attendant, printed or typed;

(e) the State File number assigned to the original certificate of birth;

(f) the original filing date

The information necessary to locate the existing certificate and to complete the new certificate shall be submitted to the State Registrar on forms prescribed or approved by him or her.

Regulation 8.3. Existing Certificate to Be Placed in a Special File.

After preparation of the new certificate, the existing certificate and the evidence upon which the new certificate was based shall be placed in a special file. Such file shall not be subject to inspection except upon order of a court of competent jurisdiction or by the State Registrar for purposes of properly administering the vital statistics program or as otherwise provided by state law.

The new certificate of birth prepared after acknowledgement or establishment of paternity shall be on the form in use at the time of its preparation and shall include the following items and such other information necessary to complete the certificate:

(a) The name of the child;

(b) the date and city and/or county of birth as transcribed from the original certificate;

(c) the names and personal particulars of the natural parents;

(d) the name of the attendant, printed or typed;

(e) the State File number assigned to the original certificate of birth;

(f) the original filing date.

The information necessary to locate the existing certificate and to complete the new certificate shall be submitted to the State Registrar on forms prescribed or approved by him or her.

Regulation 10.1. Amendment of Minor Errors on Birth Certificates During the First Year.

Amendment of obvious errors, transposition of letters in words of common knowledge, or obvious omissions may be made by the State Registrar within the first year after the date of birth either upon his or her own observation or query or upon request of a person as defined in Regulation 10.3. When such additions or minor amendments are made by the State Registrar, a notation as to the source of the information, together with the date the change was made and the initials of the authorized agent making the change shall be made on the certificate in such a way as not to become a part of any certified copy issued. The certificate shall not be marked "Amended."

Regulation 10.2. All Other Amendments.

Unless otherwise provided in these regulations or in the statute, all other amendments to vital records shall be supported by:

(a) An affidavit setting forth:

(1) Information to identify the certificate;

(2) the incorrect data as it is listed on the certificate;

(3) the correct data as it should appear; and

(b) One or more items of documentary evidence which support the alleged facts and which were established at least five years prior to the date of application for amendment or within seven years of the date of the event.

The State Registrar shall evaluate the evidence submitted in support of any amendment, and when he or she finds reason to doubt its validity or adequacy, the amendment may be rejected and the applicant advised of the reasons for this action.

Regulation 10.3. Who May Apply.

(a) To amend a certificate of birth, application may be made by one of the parents, if the registrant is under age 18; the guardian, the registrant if 18 years of age or over; or the individual responsible for filing the certificate.

(b) To amend a certificate of death, application may be made by the next of kin, the informant listed on the certificate of death, or the funeral director or person acting as such who submitted the certificate of death. Applications to amend the medical certification of cause of death may be made only by the physician who provided the medical certification or the medical examiner.

(c) To amend a certificate of marriage, application must be made jointly by both parties to the marriage or by the survivor. In the event the marriage to which the application relates was terminated by divorce or annulment on or before the date of application for amendment, the applicant may request amendment only of those items on the certificate of marriage which relate to the applicant.

Regulation 10.4. Amendment of Registrant's Given Names on Certificates of Birth Within the First Year.

Until the registrant's first birthday, given names may be amended upon receipt of an affidavit signed by the parent(s) named on the certificate or the guardian, person, or agency having legal custody of the registrant.

After one year from the date of birth the provisions of Regulation 10.2 must be followed to amend a given name if the name was entered incorrectly on the certificate of birth. A legal change of name order must be submitted from a court of competent jurisdiction to change a given name after one year.

Regulation 10.5. Addition of Given Names on Certificates of Birth.

Until the registrant's seventh birthday, given names, for a child whose birth was recorded without given names, may be added to the certificate upon receipt of an affidavit signed by the parent(s) named on the certificate or the guardian, person, or agency having legal custody of the registrant.

After seven years the provisions of Regulation 10.2 must be followed to add a given name.

Regulation 10.6. Legal Change of Name.

Upon receipt of a certified copy of an order of a court of competent jurisdiction changing the name of a person born in Delaware and upon request of such person or his or her parents, guardian, or legal representative, the State Registrar shall amend the certificate of birth to show the new name.

Regulation 10.7. Amendment of Cause of Death.

The cause of death may be amended only upon receipt of a signed statement or an approved electronic notification from the physician or medical examiner who originally certified the cause of death. In the absence or inability of the physician or with his or her approval the cause of death may be amended upon receipt of a signed statement or an approved electronic notification from his or her associate physician, or the chief medical officer of the institution in which death occurred, or a medical examiner who assumes jurisdiction of the case provided such individual has access to the medical history of the case. The State Registrar may require documentary evidence to substantiate the requested amendment.

Regulation 10.8. Amendment of the Same Item More than Once.

Once an amendment of an item is made on a vital record, that item shall not be amended again except upon receipt of a court order from a court of competent jurisdiction.

Regulation 10.9. Methods of Amending Certificates.

Certificates of birth, death, and marriage may be amended by the State Registrar in the following manner:

(a) Completing the item in any case where the item was left blank on the existing certificate.

(b) Drawing a single line through the item to be amended and inserting the correct data immediately above or to the side thereof. The line drawn through the original entry shall not obliterate such entry.

(c) Amending a record maintained in an electronic file by changing the item(s) to be amended. The date of the amendment must be made part of the record and the original information must also be retained.

(d) Upon receipt of a certified copy of an order of a court of competent jurisdiction indicating the sex of an individual born in Delaware has been changed by surgical procedure and whether such individual's name has been changed, the certificate of birth of such individual shall be amended by preparing a new certificate. The item numbers of the entries that were amended shall not, however, be identified on the new certificate or on any certified copies that may be issued of that certificate.

Regulation 10.10. Denial of Amendment.

When an applicant does not submit the minimum documentation required for amending a vital record or when the State Registrar has cause to question the validity or adequacy of the applicant's sworn statements or the documentary evidence, and if the deficiencies are not corrected, the State Registrar shall not amend the vital record and shall advise the applicant of the reason for this action and shall further advise the applicant of the right of appeal to a court of competent jurisdiction.

Regulation 10.11. Notification of Amendment.

(a) When a certificate or report is amended under this section by the State Registrar, the State Registrar shall report the amendment to any other custodian of the vital record and their record shall be amended accordingly.

(b) When an amendment is made to a certificate of marriage by the local official issuing the marriage license, copies of such amendment shall be forwarded to the State Registrar.

Regulation 11.1. Delayed Certificate of Birth Form.

All certificates registered six months or more after the date of birth are to be registered on a delayed certificate of birth form prescribed and furnished by the State Registrar.

Regulation 11.2. Who May Request the Registration of a Delayed Certificate of Birth.

Any person born in Delaware whose birth is not recorded in the state, his/her parent or guardian, or any other person age 18 or older acting for the registrant and having personal knowledge of the facts of birth may request the registration of a delayed certificate of birth, subject to these regulations and instructions issued by the State Registrar.

Each application for a delayed certificate of birth shall be signed and sworn to before an official authorized to administer oaths by the person whose birth is to be registered if such person is 18 years of age or over and is competent to sign and swear to the accuracy of the facts stated therein; otherwise the application shall be signed and sworn to by one of the parents of the registrant, his/her guardian, or any other person age 18 or older having personal knowledge of the facts of birth.

Regulation 11.3. Facts to be Established for a Delayed Registration of Birth.

The minimum facts which must be established by documentary evidence shall be the following:

(a) The full name of the person at the time of birth;

(b) the date of birth and state of birth;

(c) the full maiden name of the mother;

(d) the full name of the father; except that if the mother was not married either at the time of conception or birth the name of the father shall not be entered on the delayed certificate except as provided in Regulation 11.4.

Regulation 11.4. Delayed Registration Following a Legal Change of Status.

When evidence is presented reflecting a legal change of status by adoption, legitimation, or acknowledgment of paternity, a new delayed certificate may be established to reflect such change. The existing certificate and the evidence upon which the new certificate was based shall be placed in a special file. Such file shall not be subject to inspection except upon order of a court of competent jurisdiction or by the State Registrar for purposes of properly administering the vital statistics program.

Regulation 11.5. Documentary Evidence - Requirements.

To be acceptable for filing, the name of the registrant at the time of the birth and the date and place of birth entered on a delayed certificate of birth shall be supported by at least:

(a) A hospital record created at the time of birth, or two pieces of acceptable documentary evidence, if the record is filed within ten years after the date of birth; or

(b) three pieces of acceptable documentary evidence, if the record is filed ten years or more after the date of birth.

Facts of parentage shall be supported by at least one document.

Regulation 11.6. Documentary Evidence - Acceptability.

The State Registrar shall determine the acceptability of all documentary evidence submitted.

(a) Documents presented, including but not limited to census, hospital, church, and school records, must be from independent sources and shall be in the form of the original record or a duly certified copy thereof or a signed statement from the custodian of the record or document. Affidavits of personal knowledge are not acceptable as evidence to establish a delayed certificate of birth.

(b) All documents submitted in evidence:

(1) For persons aged ten or older, must have been established at least ten years prior to the date of application, or within three years of the date of birth;

(2) for persons under ten, must be dated at least one year prior to the date of application or within the first year of life.

Regulation 11.7. Abstraction of Documentary Evidence.

The State Registrar, or his or her designated representative, shall abstract on the delayed certificate of birth a description of each document submitted to support the facts shown on the delayed birth certificate. This description shall include:

(a) The title or description of the document;

(b) the name and address of the custodian.

(c) the date of the original filing of the document being abstracted;

(d) all birth facts required by Regulation 11.3 contained in each document accepted as evidence.

All documents submitted in support of the delayed birth registration shall be returned to the applicant after review.

Regulation 11.8. Verification by the State Registrar.

The State Registrar, or his or her designated representative shall verify:

(a) That no prior birth certificate is on file for the person whose birth is to be recorded;

(b) That he or she has reviewed the evidence submitted to establish the facts of birth;

(c) That the abstract of the evidence appearing on the delayed certificate of birth accurately reflects the nature and content of the document.

Regulation 11.9. Dismissal After One Year.

Applications for delayed certificates which have not been completed within one year from the date of application may be dismissed at the discretion of the State Registrar. Upon dismissal, the State Registrar shall so advise the applicant and all documents submitted in support of such registration shall be returned to the applicant.

Regulation 11.10. Delayed Registration for the Deceased.

No delayed certificate of birth shall be registered for a deceased person.

Regulation 11.11. Denial of Registration.

When an applicant does not submit the minimum documentation required for delayed registration or when the State Registrar has cause to question the validity or adequacy of the applicant's sworn statement or the documentary evidence, and if the deficiencies are not corrected, the State Registrar shall not register the delayed certificate of birth and shall advise the applicant of the reasons for this action, and shall further advise the applicant of his or her right to seek an order from a court of competent jurisdiction.

The registration of a death after the time prescribed by statute and regulations shall be registered on the current certificate of death form in the manner prescribed below:

(a) If the attending physician or medical examiner at the time of death and the attending funeral director or person who acted as such are available to complete the certificate of death, it may be completed without additional evidence and filed with the State Registrar. For those certificates filed six months or more after the date of death, the physician or medical examiner and the funeral director or person who acted as such must state in accompanying affidavits that the information on the certificate is based on records kept in their files.

(b) In the absence of the attending physician or medical examiner and the funeral director or person who acted as such, the certificate may be filed by the next of kin of the decedent and shall be accompanied by two documents which identify the decedent and his or her date and place of death.

In all cases, the State Registrar may require additional documentary evidence to prove the facts of death.

A summary statement of the evidence submitted in support of the delayed registration shall be endorsed on the certificate.

The registration of a marriage after the time prescribed by statute shall be made on the current certificate of marriage form in the manner prescribed below:

(a) The certificate must be filed with the Clerk of the Peace where the marriage license was originally issued.

(b) To be acceptable for registration by the State Registrar the delayed certificate of marriage must be supported by:

(1) A copy of the license or of the application for license if the license was granted, and

(2) a signed statement from the officiant or the custodian of the records of the officiant and from one witness to the wedding ceremony indicating that a marriage ceremony was performed and the date and place of the marriage.

(c) In all cases, the State Registrar may require additional documentary evidence to prove the facts of marriage.

(d) When an applicant does not submit the minimum documentation required for delayed registration or when the State Registrar has cause to question the validity or adequacy of the statements or the documentary evidence, and if the deficiencies are not corrected, the State Registrar shall not register the delayed certificate of marriage and shall advise the applicant of the reasons for this action, and shall further advise the applicant of his or her right to seek an order from a court of competent jurisdiction.

In compliance with the State's Administrative Procedures Act (APA - Title 29, Chapter 101 of the Delaware Code) and with 42CFR §447.205, and under the authority of Title 31 of the Delaware Code, Chapter 5, Section 505, the Delaware Department of Health and Social Services (DHSS)/Division of Mental Retardation is amending its eligibility criteria.

Comments, written suggestions, compilations of data, testimony, briefs or other written materials concerning this change must be received by mail no later than March 3, 1999, at the DMR Administrative Office, Jesse Cooper Building, Federal Street, Dover, DE 19903, attention Susan Morrison Smith. Materials filed thereafter will not be considered except where good cause for lateness is demonstrated. Copies of all written submissions filed with the Division of Mental Retardation office will be available for public inspection in the DMR Administrative Office at the address given above. Please call (302) 739-4881, for an appointment if you wish to review the materials. Individuals with disabilities who wish to participate in these proceedings, or review the materials submitted, should contact the Division to discuss auxiliary aids or services needed to facilitate such review or participation. Such contact may be in person, in writing or by telephone by using the Telecommunications Relay Service, or otherwise.

Revision:

"Mental retardation refers to substantial limitations in present functioning. It is characterized by significantly subaverage intellectual functioning, existing concurrently with related limitations in two or more of the following applicable adaptive skill areas: communication, self-care, home living, social skills, community use, self-direction, health and safety, functional academics, leisure, and work. Mental retardation manifests before age 18."

The Division of Mental Retardation provides services to those individuals whose disability meets all of the following conditions:

(A) (i) is attributable to mental retardation (1992 AAMR definition) and/or (ii) Autism (DSM IV) and/or (iii)Prader Willi (documented medical diagnosis) and/or (iv) is attributable to a neurological condition closely related to mental retardation because such condition results in an impairment of general intellectual functioning and adaptive behavior similar to persons with mental retardation and requires treatment and services similar to those required for persons with impairments of general intellectual functioning

(B) manifested before age 22

(C) is expected to continue indefinitely

(D) results in substantial functional limitations in 2 or more of the following adaptive skill areas:

1) communication

2) self-care

3) home living

4) social skills

5) community use

6) self-direction

7) health and safety

8) functional academics

9) leisure

10) work

(E) reflects the need for lifelong and individually planned services

(F) intellectual functioning and adaptive behavior is determined by using established standardized tests approved by the Division.

1. Title of the Regulations:

Amendments to the Delaware 1999 Rate-of-progress Plan for Kent and New Castle Counties: for Demonstrating Progress Toward Attainment of the National Ambient Air Quality Standard for Ground Level Ozone

2. Brief Synopsis of the Subject, Substance and Issues:

The Amendments consist of 1) updated calculations of emission reduction credits resulting from the imposition of facility caps on NOx emissions as required by Air Quality Regulation #37; 2) the removal from the original Plan of the peak ozone season equivalent of 8.5 tons per year of credited reductions attributed to emission controls on the spill diversion tank at Motiva Enterprises' waste water treatment system; 3) the inclusion of a contingency plan to cover the Clean Air Act requirement for a minimum of an additional 3 percent reduction held in reserve in case of failure to meet the emission target levels in 1999.

3. Possible Terms of The Agency Action:

None

4. Statutory Basis or Legal Authority to Act:

• 7 Del. C., Chapter 60 Section 6010

• Clean Air Act Amendments of 1990

5. OTHER REGULATIONS THAT MAY BE AFFECTED BY THE PROPOSAL:

None

6. Notice of Public Comment:

March 16, 1999 6:00 p.m. DNREC Auditorium, 89 Kings Highway, Dover, DE

7. Prepared by:

Alfred_R. Deramo, Program Manager (302) 739-4791 January 15, 1999

January 1999

Table of Contents Page

1. Introduction 1

2. Reevaluations of voc and nox emission reductions 2

2.1 VOC Emission Reductions from Benzene

Waste Rule and Delaware Regulation 24.28 2

2.2 NOx Emission Reductions from Delaware

RACT Applicable Point Sources in Kent County 2

2.3 NOx Emission Reductions from OTC

Regional Controls and Delaware Regulation 37 5

2.4 Summary of VOC and NOx Emission

Reductions after Amendments 9

2.5 Requirements for VOC and NOx

Emission Reductions 9

3. Contingency Plan of Delaware's 1999

Rate-Of-Progress Plan 12

3.1 Contingency Requirements for

Emission Reductions 12

3.2 Control Measures to Meet

Contingency Requirements 12

Appendix M (Amended). VOC Emission Reductions

from Federal Benzene Waste Rule

and Delaware Regulation 24.28 M-0

Appendix P. MOBILE5a Input and Output Files for

Stage II Vapor Recovery Program with

Annual Inspections P-0

List of Tables Page

Table 3-15 (Amended). NOx Emission Reductions

from Delaware RACT Applicable Point Sources

in Kent County 4

Table 3-19 (Amended). NOx Emission Reductions

from OTC Regional Control Requirements

and Delaware Regulation 37 7

Table 1. Summary of 1999 VOC and NOx

Emission Reductions (in TPD) 9

Table 1-16 (Amended). Calculation of Creditable

VOC Emission Reductions ( in TPD) for 1999 RPP 10

Table 1-17 (Amended). Percents of VOC and NOx

Emission Reductions for 1996-1999 Period 10

Table 2. Summary of Contingency Measures and

Emission Reductions 17

Table M-1. 1990 Base Year Uncontrolled VOC

Emissions from Motiva's Wastewater Treatment

Plant M-1

Table M-2. Summary of VOC Emissions at

Motiva's Wastewater Treatment Plant M-5

List of Acronyms

AQM: Air Quality Management Section

BEA: Bureau of Economic Analysis

CAAA: Clean Air Act Amendments of 1990

CE: Control Efficiency

CMSA: Consolidated Metropolitan Statistical Area

CO: Carbon Monoxide

DelDOT: Delaware Department of Transportation

DNREC: Delaware Department of Natural Resources

and Environmental Control

EPA: United States Environmental Protection Agency

ER: Emission Reduction

GF: Growth Factor

mmBTU: Million British Thermal Unit

MOU: Memorandum Of Understanding

MW: Megawatt

NAA: Non-Attainment Area

NAAQS: National Ambient Air Quality Standard

NOx: Oxides of Nitrogen

OTC: Ozone Transport Commission

OTR: Ozone Transport Region

RACT: Reasonably Available Control Technology

RE: Rule Effectiveness

RP: Rule Penetration

RPP: Rate-of-Progress Plan

SCC: Source Classification Code

SIC: Standard Industrial Classification

SIP: State Implementation Plan

TPD: Tons Per Day

TPY: Tons Per Year

VOC: Volatile Organic Compound

VRS: Vapor Recovery System

List of References

1. Federal Clean Air Act, 42 U.S.C.A. '7401 et seq., as amended by the Clean Air Act Amendments of 1990, P.L. 101-549, November 15, 1990.

2. NO_x Substitution Guidance, Office of Air Quality Planning and Standards, U.S. Environmental Protection Agency, Research Triangle Park, North Carolina, December, 1993.

3. The Delaware 1999 Rate-of-Progress Plan for Kent and New Castle Counties, Department of Natural Resources and Environmental Control, Air Quality Management Section, Dover, Delaware, December 1997.

4. The Delaware 15% Rate-of-Progress Plan, Department of Natural Resources and Environmental Control, Air Quality Management Section, Dover, Delaware, February, 1995.

5. Delaware Regulations Governing the Control of Air Pollution, Division of Air and Waste Management, Delaware Department of Natural Resources and Environmental Control, Dover, Delaware, Updated to March 8, 1995.

6. Memorandum of Understanding among the States of the Ozone Transport Commission on Development of a Regional Strategy Concerning the Control of Stationary Source Nitrogen Oxide Emissions, Stationary and Area Source Committee, Ozone Transport Commission, Washington, D.C., September 1994.

7. The 1990 OTC NOx Baseline Emission Inventory, EPA-454/R-95-013, Office of Air Quality Planning and Standards, US EPA, Research Triangle Park, North Carolina, July 1995.

8. NOx Budget Program Regulation No. 27, Department of Natural Resources and Environmental Control, Air Quality Management Section, Dover, Delaware, December 1997.

9. Guidance on the Post-1996 Rate-of-Progress Plan and the Attainment Demonstration, Office of Air Quality Planning and Standards, US EPA, Research Triangle Park, North Carolina, February 1994.

10. Guidance on Issues Related to 15 Percent Rate-of- Progress Plans, Policy memorandum, M.H. Shapiro, Acting Assistant Administrator for Air and Radiation, US EPA, Washington D.C., August 23, 1993.