7 Del. Admin. Code § 1301-9.0

Current through Register Vol. 28, No. 4, October 1, 2024

Section 1301-9.0 - Resource Recovery Facilities

9.1 Applicability

This section applies to:

9.1.1 Materials recovery facilities, and

9.1.2 Thermal recovery facilities.

9.2 Siting

9.2.1 Resource recovery facilities shall be located only in areas where the potential for degradation of the quality of air, land, and water is minimal.

9.2.2 No new resource recovery facility shall be located in an area such that solid waste would at any time be handled:

9.2.2.1 Within the 100 year flood plain.

9.2.2.2 Within any state or federal wetland.

9.2.2.3 Within 1000 feet of any state or federal wildlife refuge, wildlife area, or park.

9.2.2.4 So as to be in conflict with any locally adopted land use plan or zoning requirement. In addition, any facility that processes municipal solid waste shall not be located within 10,000 feet of any airport currently used by turbojet aircraft or 5,000 feet of any airport runway currently used by pistontype aircraft, unless a waiver is granted by the Federal Aviation Administration.

9.3 Design And Construction

9.3.1 Applicants wishing to construct and operate resource recovery facilities will be encouraged to design the facilities so that they are capable of removing and recycling those materials for which recycling is currently technically and economically feasible. The design should allow for future alteration or upgrading to accomplish removal of additional materials as recycling of these materials becomes feasible.

9.3.2 The plans and specifications for a proposed resource recovery facility shall be prepared and certified by a Professional Engineer registered in Delaware and shall be submitted as a part of the Solid Waste Management Facility permit application.

9.3.3 Construction and installation activities for new facilities shall be carried out in accordance with a third party quality assurance plan approved by the Department. Expansions or alterations of existing facilities shall be carried out in accordance with an approved third-party quality assurance plan if deemed necessary by the Department.

9.3.4 Minimum design requirements

9.3.4.1 All new resource recovery facilities shall be designed to include the following features, as a minimum:

9.3.4.1.1 A setback area with appropriate screening.

9.3.4.1.2 A means to detect explosion potential and equipment designed to minimize the impact of explosion (if the solid waste to be handled and the equipment to be used have the potential of causing explosion).

9.3.4.1.3 A means for maintaining quality control of recovered materials.

9.3.4.1.4 Storage capacity for a minimum of three days of storage (at maximum anticipated loading rates) of incoming solid waste, facility process solid waste residues and effluents, and recovered materials. The storage areas must be within enclosed structures if deemed necessary by the Department.

9.3.4.1.5 Tipping floors, sorting pads, and solid waste storage areas constructed of material capable of withstanding heavy vehicle usage and of reducing and controlling runoff.

9.3.4.1.6 A completely enclosed unloading area, if deemed necessary by the Department.

9.3.4.1.7 Adequate floor drains graded to facilitate washdown and to prevent standing water. Drains shall discharge to a sanitary sewer system, holding tank, or appropriate treatment facility.

9.3.4.1.8 Surface water and erosion controls.

9.3.4.1.9 An auxiliary power system sized to enable emergency shut down of the facility to occur without causing irreparable damage to the equipment.

9.3.4.1.10 Control mechanisms to minimize and contain accidental spillage of reagents, lubricants, or other liquids used as well as residues generated.

9.3.4.1.11 A fire detection and protection system capable of detecting, controlling, and extinguishing any fires that may occur as a result of facility operation.

9.3.4.1.12 A fence or other security system that will prevent access to the site by unauthorized persons.

9.3.4.1.13 A means for weighing or measuring all incoming solid waste, all recyclable materials recovered from the waste, and all residues generated at the facility.

9.4 Operation And Maintenance Standards

All new and existing resource recovery facilities shall comply with this section.

9.4.1 General

9.4.1.1 Facilities shall be operated in a manner that will preclude degradation of land, air, surface water, or ground water.

9.4.1.2 All facilities shall be operated and maintained to conform with the approved Plan of Operation submitted at the time of permit application and approved by the Department.

9.4.2 Details of operation and maintenance

9.4.2.1 Unloading of solid waste shall take place only at clearly marked unloading areas.

9.4.2.2 Storage and handling

9.4.2.2.1 External storage of solid waste containing garbage is prohibited. No solid waste shall be stored in such a manner that the storage area or the solid waste becomes a nuisance or endangers human health or the environment.

9.4.2.2.2 All solid waste passing through the facility must ultimately be recycled or be disposed of at a solid waste facility authorized to accept that type of solid waste.

9.4.2.2.3 Solid waste delivered to the facility shall be processed within the time limit specified by the Department.

9.4.2.2.4 Nonputrescible recyclable materials may be stored for up to 30 days. The storage period may be increased, with written approval of the Department, if all of the following conditions are met:

9.4.2.2.4.1 there is a demonstrated need to do so (e.g., a market agreement with terms of receipt based on greater than 30 day intervals or volumes that may take longer than 30 days to acquire);

9.4.2.2.4.2 there is sufficient Department approved storage area;

9.4.2.2.4.3 an inventory methodology is used to ensure that the recyclables do not remain on the site for longer than the specified time period; and

9.4.2.2.4.4 the inventory methodology is provided to and approved by the Department before storage begins.

9.4.2.3 Control of nuisances and hazards

9.4.2.3.1 Litter: The permittee shall provide for routine maintenance and general cleanliness of the entire site, as well as litter removal along roads approaching the site.

9.4.2.3.2 Air Pollution: The operation of the facility shall comply with 7 Del.C. Ch. 60, and with the Regulations Governing the Control of Air Pollution.

9.4.2.3.3 Vectors: The permittee shall implement a vector control plan to prevent the establishment of habitats for nuisance organisms (e.g., flies, maggots, roaches, rodents, and similar vermin) and to mitigate nuisances and hazards to human health and the environment.

9.4.2.3.4 Fire: Equipment shall be available on site to control fires, and arrangements shall be made with the local fire protection agency to provide immediate services when needed. If deemed necessary by the Department, a separate area shall be provided for temporary placement of hot loads received at the facility. The hot load area shall be located away from trees, bushes, and structures, and loads shall be extinguished immediately upon unloading.

9.4.2.4 Access roads to the point of solid waste discharge shall be designed, constructed, and maintained so that traffic will flow smoothly and will not be interrupted by inclement weather. Access to the site shall be limited to those times when an attendant is on duty and to those persons authorized to deliver solid waste to the site. This section shall not be construed to limit right of pursuant to 7 Del.C. § 6024.

9.4.2.5 Personnel. Sufficient types and numbers of trained personnel shall be available at the site to insure capability for operation in accordance with these regulations. The facility shall be operated under the close supervision of an individual who is thoroughly familiar with the requirements and operational procedures of the facility and is experienced in matters of solid waste management. All thermal recovery facilities shall be operated under the direct supervision of an individual who has successfully completed a training course on use of the specific equipment installed at the facility.

9.4.2.6 Health and safety. Employees at the site shall work under all appropriate health and safety guidelines established by the Occupational Safety and Health Administration. First aid equipment shall be available at the site.

9.4.2.7 Equipment. Adequate numbers and types of equipment commensurate with the size of the operation shall be available at the site to insure operation of the facility in accordance with the provisions of these regulations and the plan of operation. All solid waste handling equipment shall be cleaned routinely and maintained according to the manufacturer's recommendations. All processing equipment shall be operated by persons thoroughly trained in the proper operation of the equipment and shall be maintained in good working order.

9.4.2.8 Disposal of process residues and of solid waste that cannot be processed by the facility

9.4.2.8.1 Unless specified otherwise in writing by the Department, all residues generated by the operation of a facility shall, within three days of generation, be disposed of, used, or treated in a manner that is consistent with state and federal regulations.

9.4.2.8.2 Unless specified otherwise in writing by the Department, all solid waste that is delivered to the facility but that cannot be processed at the facility shall, within three days of receipt, be removed from the facility for disposal, use, or treatment in a manner that is consistent with state and federal regulations.

9.4.3 Recordkeeping

The following information must be recorded in a timely manner and the records retained by the owner or operator for at least three years:

9.4.3.1 Types and weight or volume of solid waste received.

9.4.3.2 Weight or volume of each material recycled or marketed.

9.4.3.3 A record of the commercial solid waste haulers (company name, address, and telephone number) using the facility, and the type and weight or volume of solid waste delivered by each hauler to the facility each day.

9.4.3.4 Process monitoring data.

9.4.3.5 Characterization testing of recyclable materials.

9.4.3.6 Ultimate disposal of these materials.

9.4.3.7 Characterization testing of process residues to determine the quality for possible marketing or BTU value.

9.4.3.8 A record of fires, spills, and uncontrolled releases that occur at the facility, and of hot loads received.

9.4.3.9 Documentation of training provided to employees.

9.4.3.10 Fire and safety inspections.

9.4.3.11 Major equipment maintenance.

9.4.3.12 Any additional records specified by the Department.

9.4.4 Reporting

9.4.4.1 The permittee shall submit to the Department on an annual basis a report summarizing facility operations for the preceding calendar year. The report shall be on a form prescribed by the Department and shall describe and summarize all solid waste processing, environmental monitoring, and construction activities conducted within the year covered by the report. The report shall include, but not necessarily be limited to, the following:

9.4.4.1.1 Types and weight or volume of solid waste received.

9.4.4.1.2 Weight or volume of each material recycled or marketed, and identification of the markets.

9.4.4.1.3 Weight or volume of unprocessable solid wastes and of process residues, and location of ultimate disposal of these materials.

9.4.4.1.4 A complete list of commercial haulers that delivered solid waste to the facility during the year.

9.4.4.1.5 A discussion of the feasibility of recycling materials that are currently being received at the facility but are not being recycled.

9.4.4.1.6 Descriptions of any intentional or accidental deviations from the approved Plan of Operation.

9.4.4.1.7 Descriptions of all construction or corrective work conducted on the site in accordance with approved plans or to achieve compliance with these regulations.

9.4.4.1.8 Results of characterization testing of recyclable materials and process residues.

9.4.4.1.9 Any additional information specified by the Department.

9.4.4.2 The permittee shall immediately notify the Department if any of the following occurs:

9.4.4.2.1 A shut down that results in solid waste being diverted from the facility.

9.4.4.2.2 A fire.

9.4.4.2.3 A spill or nonpermitted release.

9.5 Closure

9.5.1 General. When a resource recovery facility ceases accepting solid waste, all of the solid waste on site shall be removed and the facility shall be closed in a manner that will eliminate the need for further maintenance at the site.

9.5.2 Required submittals; notification

9.5.2.1 An owner or operator of a resource recovery facility must submit a conceptual closure plan at the time of initial application for a Solid Waste Management Facility Permit.

9.5.2.2 At least 180 days prior to the projected date when solid waste will no longer be accepted at the facility, the owner or operator shall submit to the Department all of the items listed in Section 4.4.3. Closure activities shall not commence until the Department has given public notice regarding the closure activity and the opportunity for a public hearing as provided in 7 Del.C. Ch. 60, approved in writing anupdated closure plan and closure schedule. For additional information on the public notice procedure see section 4.1.2 of these regulations.

9.5.2.3 A copy of the closure plan must be maintained at the facility or at some other location designated by the owner or operator until closure has been completed.

9.5.3 Closure plan contents. The closure plan for a resource recovery facility must include, as a minimum, the following:

9.5.3.1 A description of the methods, procedures, and processes that will be used to close the facility, including provisions that will be made for the proper disposal of all solid waste that is on the site when operations cease.

9.5.3.2 An estimate of the cost of closing the facility. This estimate shall be updated yearly and submitted to the Department as a part of the annual report described in Section 9.4.4.

9.5.3.3 A description of the planned postclosure use of the property.

9.5.4 Minimum closure requirements

9.5.4.1 Closure shall be carried out in accordance with the approved closure plan.

9.5.4.2 Closure must be complete within one year after the date on which the Department issued the approved closure plan and closure schedule.

9.5.4.3 When closure is completed, the owner or operator must submit to the Department certification by a Professional Engineer registered in Delaware that the facility has been closed in accordance with the specifications in the approved closure plan.

9.5.4.4 When closure has been completed to the satisfaction of the Department, the Department will issue a letter indicating that closure has occurred in accordance with the closure plan.

9.5.4.5 After closure has been completed, the Department may require that the permittee conduct monitoring and/or maintenance activities at the site to prevent or detect and mitigate any adverse environmental or health impacts.

7 Del. Admin. Code § 1301-9.0

8 DE Reg. 354 (8/1/04)
20 DE Reg. 296 (10/1/2016) (Final)