Chapter 17. Refuse and Garbage
TITLE 16
Health and Safety
Regulatory Provisions Concerning Public Health
CHAPTER 17. REFUSE AND GARBAGE
§ 1701. Bringing garbage or household refuse into State; permit and bond.
No person shall bring into the State from any place without the State, garbage or household refuse for the purpose of feeding it to hogs or for any other purpose, unless there has first been obtained from the Department of Health and Social Services a permit naming the area within which such garbage or household refuse shall be disposed of, and unless there has been deposited with the Department of Health and Social Services a bond for the sum of $500 which shall be forfeitable if the disposal of such garbage is not provided for in such a manner as meets the requirements of the Department of Health and Social Services.
38 Del. Laws, c. 46, § 1; Code 1935, § 890; 16 Del. C. 1953, § 1701; 70 Del. Laws, c. 149, §§ 115, 116.;
§ 1702. Prohibited areas for garbage disposal; revocation of permit.
The Department of Health and Social Services may at any time determine the limits of areas within which garbage under no circumstances shall be disposed of or deposited and shall at any time revoke any permit given if the disposal of any garbage is conducted in such a way as to constitute a nuisance or a menace to the public health.
38 Del. Laws, c. 46, § 2; Code 1935, § 890; 16 Del. C. 1953, § 1702; 70 Del. Laws, c. 149, § 117.;
§ 1703. Nuisance.
The bringing in of garbage from any place without the State without a permit, the depositing of garbage in any area not named by the Department of Health and Social Services as an area suitable for the disposal of such garbage, and the disposal of any garbage in an unsanitary manner shall be deemed a nuisance under § 310 of this title and subject to the penalties provided in § 317 of this title.
38 Del. Laws, c. 46, § 3; Code 1935, § 890; 16 Del. C. 1953, § 1703; 70 Del. Laws, c. 149, § 118.;
§ 1704. Dumping refuse or other material upon property; penalty.
(a) No person, by agent or otherwise, shall cast, throw, fell or deposit or in any manner cause to be felled or deposited on or upon any public or private real property anywhere in this State, without first obtaining the consent of the legal owner or custodian of such property or premises first obtained for that purpose in the case of private property or from the legal authority having control, management or administration thereof in the case of such public property, any refuse, debris, waste, dirt, trash, brush, tree or part thereof, offal or any other material, matter or substance of any kind whatsoever. No such refuse, etc., shall be dumped or deposited within 50 feet of any highway, whether or not the consent required has been obtained, except where any authorized dumping is to fill a low place to a level not higher than the adjacent roadway shoulder and a sign has been erected designating such place for dumping.
(b) Whoever violates subsection (a) of this section shall be fined not less than $15 nor more than $100.
20 Del. Laws, c. 123; Code 1915, § 3488; Code 1935, § 3963; 47 Del. Laws, c. 127, § 1; 16 Del. C. 1953, § 1704.;
§ 1705. Refuse from fowl and poultry dressing -- Dumping.
No person shall dump or otherwise deposit any blood, garbage, carrion, offal, filth or other refuse derived or resulting from the dressing of fowl and poultry of all kinds in an obnoxious or noisome state upon any land or in any stream or other body of water within this State.
43 Del. Laws, c. 94, § 1; 16 Del. C. 1953, § 1705.;
§ 1706. Refuse from fowl and poultry dressing -- Treatment.
(a) The Department of Natural Resources and Environmental Control, by rules and regulations, shall prescribe the methods and means of treating any blood, garbage, carrion, offal, filth or other refuse from the dressing of fowl and poultry so as to remove the noisome or obnoxious nature thereof.
(b) Whoever dumps or otherwise deposits any blood, garbage, carrion, offal, filth or other refuse from the dressing of fowl and poultry upon any land or in any stream or other body of water within this State without first having treated the same in accordance with the rules and regulations prescribed by the Department of Natural Resources and Environmental Control, pursuant to the authority contained in subsection (a) of this section, shall be fined not less than $10 nor more than $50, with cost of suit, or imprisoned until the same be paid or until discharged by law.
(c) Any person convicted of violating this section, who shall not immediately remove the blood, garbage, carrion, offal, filth or other refuse from the dressing of fowl and poultry from the place where the same has been by that person dumped or otherwise deposited, is guilty of a separate and distinct offense for each day thereafter that the same has not been removed from the place where it has been so dumped or deposited by that person.
43 Del. Laws, c. 94, § 2; 16 Del. C. 1953, § 1706; 55 Del. Laws, c. 442, § 10; 57 Del. Laws, c. 739, § 221; 70 Del. Laws, c. 186, § 1.;
§ 1707. Burning of refuse and garbage in certain residential areas; penalty.
(a) In any residential area consisting of homes on lots of 1 acre or less no outdoor fire shall be fueled by any material other than wood, wood by-products, limited to paper, leaves, twigs, clippings and grass cuttings and coke for barbecues.
(b) Any violation of this section shall be punishable by a fine not to exceed $25.
16 Del. C. 1953, § 1707; 54 Del. Laws, c. 320.;
§ 1708. Storage of refuse and garbage in multi-family buildings; penalty.
(a) Multi-family houses and apartment complexes shall provide adequate storage areas outside the principal structure of such multi-family houses and apartment complexes for the temporary storage of trash and garbage and shall provide covered metal containers in such areas for the temporary storage of refuse classed as garbage.
(b) Any person who violates this section shall upon the first conviction thereof be fined $10 and upon each subsequent conviction thereof shall be fined not less than $25 nor more than $500 or shall be imprisoned not more than 90 days, or both.
16 Del. C. 1953, § 1708; 56 Del. Laws, c. 150.;
§ 1709. Trash containers on highways; penalty.
(a) A person, by agent or otherwise, may not cause a trash container having a capacity of 2 cubic yards or greater to be placed in this State anywhere upon a highway, which means the entire width between the boundary lines, including parking spaces, berms, and shoulders, of any way or place of whatever nature open to the use of the public as a matter of right for purposes of vehicular travel, but not including a road or driveway upon grounds owned by private persons, colleges, universities, or other private institutions, unless:
(1) The container, at a minimum, has a strip of 4-inch, red and white, high-intensity, reflective conspicuity adhesive tape wrapped fully around it at its midpoint, between the bottom of the container and the opening at the top; and
(2) The container clearly displays in letters and numbers at least 3 inches high the name and phone number of the owner of the container, or the owner's agent.
(b) A violation of this section is punishable by a fine of not less than $50 nor more than $500. Justice of the Peace Court has jurisdiction over violations of this section.
74 Del. Laws, c. 286, § 1.;