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New Castle County, DE Trash & Recycling: Recycling Rules (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Who must comply
Every dwelling occupant
Container duty
Owner must supply containers
Container type
Leakproof, covered, outdoor-rated
Max daily fine
$100 per violation day
Scope
Unincorporated + opt-in municipalities

Summary

Dwelling occupants must dispose of rubbish, garbage and recycling in covered, leakproof containers, and the owner must supply them.

These county ordinances apply to unincorporated areas of New Castle County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

308.2.1 Rubbish, garbage and recycling - disposal, containers. Every occupant of a dwelling shall dispose of rubbish, garbage and recycling in a clean and sanitary manner by placing the rubbish, garbage and recycling in approved containers that are leakproof, covered, and designed for outside garbage storage and disposal. The owner of the dwelling shall be responsible for providing the requisite rubbish, garbage and recycling containers.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 5).

Full Breakdown

New Castle County's Property Maintenance Code requires every dwelling occupant to keep rubbish, garbage and recycling in a clean, sanitary manner by placing it in approved leakproof, covered containers made for outside storage. The dwelling owner, not the tenant, is responsible for providing those containers. Rental property owners must also ensure tenants have regular removal service and document that in writing under Chapter 19. Violations run up to $100 per day under the Department of Land Use's civil penalty schedule. The code applies in unincorporated New Castle County and in any incorporated municipality that opts to have the County provide property maintenance enforcement; Wilmington and Newark run their own property codes and are not covered here.

Violations & Fines

Up to $100 civil penalty per day the violation continues; $1,000 for removing a posted notice or order.

Frequently Asked Questions

Does this apply inside Wilmington or Newark?
No. Wilmington and Newark enforce their own municipal property codes; this county chapter covers unincorporated areas and any municipality that opts into County enforcement.
Who has to buy the recycling bins?
The dwelling owner must provide the required leakproof, covered rubbish, garbage and recycling containers, per Section 308.2.1.

Sources & Official References

Other rules in New Castle County

All New Castle County rules

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