Introduction. The purpose of this Policy is to provide guidelines helpful in identifying those garbage collection districts which will be deemed by Kent County to have "ascertainable boundaries" within the legislative intent expressed by the usage of that phrase in 9 Del. C. § 4721.

"Ascertainable boundaries" is deemed to mean that area of reasonably compact and contiguous real estate contained within identifiable real property boundaries, located in areas within Kent County, Delaware, but outside any incorporated municipalities, which can be readily identified by residents to be served, and trash collection entities providing services, and thus being capable of being efficiently and economically serviced.

Garbage collection locations sought to be included in a garbage collection district, which are entirely separate from other such included locations, are deemed by Kent County not to be within ascertainable boundaries with such other locations, and may not be counted as a part of any requirement of, or be included in, any such garbage collection district.

It is the intent of Kent County Levy Court that where a parcel or parcels of real property located in Kent County, Delaware, and owned by or in the name of the government of Kent County, are to be connected to and make use of the Kent County Sewage System, said parcels shall be treated, to the extent legally and practically possible, as if the parcel or real property were owned by a contract user.

That department of Kent County government which is administering or in charge of the use of real property, which property is intended by that department to use or benefit from, the Kent County Sewage System, shall be responsible for completing administrative actions necessary to cause that property to undertake the same burdens and benefits which it would undertake if it were the property of a contract user of the Kent County Sewage System.

In all cases, the applicable department will enter into a written Memorandum of Understanding (MOU) with the Kent County Engineer, which MOU will be signed by both the aforesaid department head, and the Kent County Engineer.

The aforesaid MOU will contain the same terms, or the equivalent of the same terms (as determined by the Kent County Engineer, who will have full discretion in such matters), as would be required if the property were owned by a third party who was using the Kent County Sewage System on a contract user basis.

Any such MOU will become legally effective and binding only after same is presented to, and approved by a formal recorded vote of, the Kent County Levy Court.

The Kent County Levy Court commits to reduce the impact of its operations on the environment, by adopting the International Organization for Standardizations (ISO) 14001 Environmental Management Systems standards, and the National Biosolids Partnership (NBP) Code of Good Practice for the wastewater collection and treatment facility operations directed by the Department of Public Works. In addition, the Levy Court requires all public works contractors employed at the covered facilities to abide by this Policy.

The Levy Court commits to:

This Policy is communicated to all Kent County employees and the general public.

The Delaware Code, Title 9 authorizes the County to create Garbage Collection Districts (§ 4723) and Streetlight Districts (§ 5101). In accordance with the provisions of the Annotated Code, the property owners must file a petition.

In order to properly establish billing cycles and service contracts, plus handle notification of residents and service delivery companies, the following administrative cycles are specified:

These procedures will facilitate full compliance with the provisions of the Annotated Code and provide for the orderly processing of the petition by Public Works, Finance, Receiver of Taxes and the Board of Assessment.