New Solid Waste Regulations Go Into Effect January 1, 2021 – Could Impact Retail Establishments

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DNREC  Division of Waste and Hazardous Substances has updated and finalized a proposal to adopt regulations to clarify the State’s Single-Use Plastic Bag Ban and At Store Recycling Program that will go into effect on January 1. 2021.

Based on filings by DNREC, the purposes of the proposed regulations are to ensure: clarification of the current statutory requirements to enable stores and plastic bag manufacturers to achieve and maintain compliance; that every store provides an at-store recycling program for plastic carryout bags and plastic film that permits a customer to return clean and dry plastic carryout bags and plastic film to the store; that source-separated plastic bags and plastic film are not commingled with other solid waste, and that plastic carryout bags and plastic film enter the marketplace. The types of individuals and/or small businesses that would be subject to the proposed regulations are stores and plastic bag manufacturers. “Store” means an entity in Delaware, with a business license issued by the Delaware Department of Finance, Division of Revenue whose business activity includes the category “Retailer” and operates a physical location within Delaware consisting of a single location that has at least 7,000 square feet of retail space or three (3) or more locations each having at least of 3,000 square feet of retail space; stores that carry multiple business activity licenses are bound by this proposed regulation; stores that carry a single business activity license of “Retailer – Restaurant” are exempt from these regulations.

To view the Regulatory Flexibility Analysis and Impact Statement Form, click here

To view the proposed regulation, click here