The enactment in 1975 of Title 7, Chapter 64 of the Delaware Code made the Delaware Solid Waste Authority (DSWA) responsible for developing, adopting, and implementing the Statewide Waste Management Plan for Delaware. Prior to the establishment of DSWA, a disjointed public and private collection and disposal system existed throughout Delaware. Delaware had no significant public recycling programs and minimal private recycling companies.

The growth in population and development led to an increased quantity and complexity of solid waste generation, which made waste disposal problems acute in densely populated areas. In less densely populated areas, the protection of the groundwater and wetlands were not a consideration in the disposal of solid waste. Counties and municipalities turned to the State for solutions to their solid waste disposal problems. The State Legislature established The Delaware Solid Waste Authority (DSWA) on August 12, 1975, based on a recommendation from DNREC in a document entitled, “State Plan for Solid Waste Management”.