§ 6401. Findings; policy; purpose. (a) Findings. — The General Assembly finds and declares: (1) That the people of the State have the right to a clean and wholesome environment; (2) That prevailing solid waste disposal practices generally, throughout the State, result in unnecessary environmental damage, substantially degrade surface and groundwater, waste valuable land and […]
§ 6402. Definitions. The following terms shall have the meanings ascribed to them in this chapter: (1) “Authority” means the Delaware Solid Waste Authority. (2) “Costs” means the cost or fair market value or value, as determined by the Authority, of construction, real property, property rights, utility extensions, disposal facilities, access roads, easements, franchises, financing […]
§ 6403. Establishment, composition, etc., of Authority. (a) There is hereby established and created a statewide solid waste authority, a body politic and corporate constituting a public instrumentality of the State established and created for the performance of an essential public and governmental function, to be known as the Delaware Solid Waste Authority. The Authority […]
§ 6404. Functions of Authority. The functions of the Authority shall include, but not be limited to the following: (1) The planning, design, construction, financing, management, ownership, operation and maintenance of solid waste disposal, volume reduction and resources recovery facilities and all related solid waste reception, transfer, storage, transportation and wastehandling and general support facilities […]
§ 6405. Manager and staff. (a) The manager of the Authority shall be a resident of the State, a registered professional engineer in the State and have obtained at least a masters degree in either civil, mechanical or chemical engineering from an accredited college or university. The manager shall have at least 10 years’ engineering […]
§ 6406. Powers of Authority. (a) The Authority shall have the power to: (1) Approve and adopt an organizational structure to implement this chapter. (2) Employ a staff to carry out the functions of the Authority. (3) Establish offices where necessary in the State. (4) Retain by contract legal counsel, auditors, engineers, private consultants, advisors […]
§ 6407. Funds and transfers of interests. (a) The Authority shall have the power to: (1) Accept gifts, grants or loans of funds, property or service from any source, public or private, and comply, subject to this chapter, with the terms and conditions thereof; (2) Receive funds from the sale of general bonds, revenue bonds […]
§ 6408. Private contractors. The Authority may utilize private industry, by contract, to carry out the business, design, operating, management, marketing, planning and research and development functions of the Authority, or the Authority may determine that it is in the public interest to adopt another course of action. The Authority is hereby empowered to enter […]
§ 6409. Covenant with bondholders. The State covenants and agrees with the holders of any bonds, other securities or obligations or contractual obligations of the Authority, assumed, issued or incurred by it and as security for which there may or may not be pledged the fees and revenues of any part thereof of any facility […]
§ 6410. Securities investments. Notwithstanding the fact that the bonds may be payable from a special fund, if they are otherwise of such form and character as to be negotiable instruments under the terms of the Uniform Commercial Code, the bonds shall be and are hereby made negotiable instruments and securities within the meaning of […]
§ 6411. Tax status. The powers and functions exercised by the Authority under this chapter and any amendments hereof or supplements hereto are and will be in all respects for the benefit of the people of the State, and for the protection of their health and welfare. To this end, the Authority shall be regarded […]
§ 6412. Judicial review. Judicial proceedings to review any rule, regulation or other action of the Authority or to determine the meaning or effect thereof, may be brought in the Superior Court of this State, provided such review is requested within 30 days from the date of the promulgation of the rule or regulation or […]
§ 6413. No pledge of credit; exception. The Authority shall have no power to pledge the credit or to create any debt or liability of the State, or of any other agency or of any political subdivision, except that bonds, loan agreements or service agreements, all of which may be supported by the full faith […]
§ 6414. Local cooperation. All municipalities, political subdivisions and every department, agency or public body of the State is hereby authorized and empowered to cooperate with, aid and assist the Authority in effectuating this chapter and of any amendment hereof or supplement hereto, without regard to any law, public or private, or charter, regulating the […]
§ 6415. Depositaries. All banks, bankers, trust companies, savings banks and other persons carrying on a banking business under the laws of the State are authorized to give security for the safekeeping and prompt payment of moneys of the Authority deposited by it with them, in such manner and form as may be required by […]
§ 6416. Reports and audits. (a) The Authority shall make annual reports to the Governor, and the General Assembly of the State, setting forth in detail its operations and transactions, and may make such additional reports from time to time to the Governor and General Assembly as it may deem desirable. (b) The Authority shall, […]
§ 6417. Sanctions. (a) Any person who violates a regulation or a license condition, or who violates § 6428 of this title, shall be subject to the following sanctions: (1) If the violation is of a regulation or license condition promulgated or imposed under §§ 6401-6429 of this title and the violation has been completed, […]
§ 6418. Bonds of Authority. (a) The Authority shall have the power and is hereby authorized from time to time to issue its negotiable bonds for any of its corporate purposes, including incidental expenses in connection therewith, and to secure the payment of the same by a lien or pledge covering all or part of […]
§ 6419. Remedies of bondholders. (a) In the event that the Authority shall default in the payment of principal of or interest on any issue of bonds after the same shall become due, whether at maturity or upon call for redemption, and such default shall continue for a period of 30 days, or in the […]
§ 6420. Contracts. (a) The Authority and any municipality may enter into a contract or contracts 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. (b) Any such contract may provide […]
