Delaware Administrative Code
Title 4 - Alcoholic Beverage Control
Department of Safety and Homeland Security
Office of the Marijuana Commissioner
5000
5001 - Rules of the Office of the Marijuana Commissioner
Section 5001-12.0 - Waste and Disposal
Universal Citation: 5001 DE Admin Code 5001-12.0
Current through Register Vol. 28, No. 3, September 1, 2024
12.1 General waste and disposal requirements. All wastes which are not classified as marijuana wastes, medical wastes, or hazardous wastes, or which are not otherwise regulated by law or regulation, must be managed by disposing in dumpsters or load packers with the following protocols:
12.1.1 Dumpsters must be tightly covered,
leak proof, inaccessible to rodents and animals, and placed on concrete slabs
preferably graded to a drain. Water supply must be available within easy
accessibility for washing-down of the area. More frequent waste pickups must be
scheduled when required. The dumping site of waste materials must be in
sanitary landfills approved by DNREC.
12.1.2 Load packers must conform to the same
restrictions required for dumpsters and must be high enough off the ground to
facilitate the cleaning of the underneath areas of the stationary equipment.
The loading section must be constructed and maintained in a way to prevent
rubbish from blowing away.
12.1.3
Dumpsters and load packers must be secured in a manner to prevent unauthorized
access to the marijuana waste.
12.2 Destruction of marijuana waste
12.2.1 All marijuana waste must be rendered
unusable before leaving a marijuana establishment by grinding and incorporating
the marijuana waste with non-consumable solid wastes such that the resulting
mixture is no greater than 50% marijuana waste. Non-consumable solid waste
includes:
12.2.1.1 Paper waste;
12.2.1.2 Plastic waste;
12.2.1.3 Cardboard waste;
12.2.1.4 Food waste;
12.2.1.5 Soil;
12.2.1.6 Grease or other compostable waste;
and
12.2.1.7 Other non-consumable
solid wastes approved by the Commissioner.
12.2.2 When a marijuana plant, marijuana, or
marijuana product is removed from inventory for destruction, the marijuana
establishment must:
12.2.2.1 Immediately
update inventory in the seed-to-sale tracking system;
12.2.2.2 Quarantine the marijuana plant,
marijuana, or marijuana product for 72 hours before destruction; and
12.2.2.3 Notify the Commissioner of the
pending destruction.
12.2.3 The Commissioner may choose to observe
in person any destruction of any marijuana waste.
12.2.4 Destruction of marijuana plants,
marijuana, or marijuana products must occur when and where the action of the
marijuana establishment can be clearly captured by video surveillance, in
accordance with Section 6.0 of this regulation.
12.2.5 All destruction records must be made
available for auditing by the Commissioner.
12.3 Disposal of marijuana waste
12.3.1 After marijuana waste is rendered
unusable, the solid waste must be:
12.3.1.1
Disposed of at a solid waste disposal site or disposal facility that has a
Certificate of Designation from the applicable local governing body;
12.3.1.2 Deposited at a compost facility that
has a Certificate of Designation from DNREC;
12.3.1.3 Composted on the licensed premises
of the marijuana establishment who generated the waste, and in accordance with
applicable federal, state, and local requirements; or
12.3.1.4 Disposed of in dumpsters or load
packers in accordance with subsection 12.1 of this regulation.
12.3.2 Liquid marijuana waste must
be disposed of in accordance with applicable federal, state, and local
requirements, and the International Plumbing Code.
Disclaimer: These regulations may not be the most recent version. Delaware may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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