AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO SOLID WASTE RECYCLING.

Universal recycling mandate requiring all solid waste collectors to provide single-stream curbside recycling to single-family residential customers by September 15, 2011, and to multi-family residential customers by January 1, 2013, with containers delivered at no separate charge.

Persons who transport and deliver their own solid waste and recyclables on their own property are exempt from the subchapter requirements. Ownership of recyclable materials is preserved until placed at curbside for collection, and no provision prevents competition in collecting, transporting, processing, or marketing recyclables.

Commercial businesses must participate in a comprehensive recycling program by January 1, 2014, including assessing all generated wastes, identifying commercially recyclable materials, and recycling them unless the cost of recycling exceeds the cost of disposal. Businesses must maintain records for Department review.

The commingling prohibition was changed from 'may not knowingly commingle' (in SA 2) to simply 'may not comingle,' removing the knowledge requirement and making it a strict liability standard.

The SA 2 provision allowing persons who collect single-stream recycling to report known instances of repeated contamination of recyclable containers to the Department was not carried into the final bill text.

Establishes the Delaware Recycling Fund with four permitted uses: funding the Recycling Grants and Low Interest Loan Program, paying for studies and evaluations, covering administrative costs (capped at 10% without Joint Finance Committee approval), and paying Division of Revenue administration costs. Expenditures require Controller General and OMB Director approval.

Creates a competitive Recycling Grants and Low Interest Loan Program to assist persons in the recycling business with start-up costs for source-separated collection and processing, emphasizing residential single-stream collection and commercial waste. Recipients are prohibited from increasing solid waste collection rates until March 15, 2013.

Establishes a 16-member Recycling Public Advisory Council appointed by the Governor, with members representing government, industry, and public interest groups. Members serve up to 3-year terms, may not serve more than 2 consecutive terms, and must use EPA definitions of recycling and municipal solid waste.

Sets civil penalties for violations: $100 to $500 per day for first conviction, and $500 to $1,500 per day for subsequent convictions within a 10-year period. Also provides a conciliation process where the Secretary may attempt to obtain compliance before imposing penalties.

Requires annual reporting to the Governor and General Assembly by November 1 each year on recycling status, including attainment of diversion goals, an accounting of the grants program, and an auditable accounting of recycling rates. First recycling report covers calendar year 2011, due February 15, 2012.