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Delaware Code Title 16. Health and Safety § 3165. Analysis of material samples for natural organic reduction

Current as of January 01, 2026 | Updated by Findlaw Staff

A natural organic reduction facility shall be responsible for:

(1) Ensuring that the natural organic reduction vessel maintains a minimum temperature of 131 degrees Fahrenheit for a minimum of 72 hours during the process of natural organic reduction.

(2) Collecting material samples for analysis that are representative of each instance of natural organic reduction.

(3) Developing and using a natural organic reduction process in which the final remains resulting from the process do not exceed the following limits:

 

Metals and other testing parameters

Limit (mg/kg dry weight), unless otherwise specified

Fecal coliform

< 1,000 Most probable number per gram of total solids (dry weight)

Salmonella

< 3 Most probable number per 4 grams of total solids (dry weight)

Arsenic

≤ 11 ppm

Cadmium

≤ 7.1 ppm

Lead

≤ 150 ppm

Mercury

≤ 8 ppm

Selenium

≤ 18 ppm

(4) Analyzing, using a third-party laboratory, the natural organic reduction facility's material samples of final remains according to the following schedule:

a. After receiving an initial permit, the natural organic reduction facility must analyze each of the first 20 instances of final remains for the parameters identified in paragraph (3) of this section.

b. If any of the first 20 instances of final remains yield results exceeding the limits identified in paragraph (3) of this section, the natural organic reduction facility must conduct appropriate processes to correct the levels of the chemicals identified in paragraph (3) of this section and have the resultant remains tested to ensure they fall within the identified limits.

c. If any of the first 20 instances of final remains yield results exceeding the limits identified in paragraph (3) of this section, the natural organic reduction facility must analyze each additional instance of final remains for the parameters identified in paragraph (3) of this section until a total of 20 samples, not including those from remains that were reprocessed under paragraph (4)b. of this section, have yielded results within the limits of paragraph (3) of this section on initial testing.

d. After 20 material samples of final remains have met the limits outlined in paragraph (3) of this section, the natural organic reduction facility must analyze, at a minimum, 25% of the natural organic reduction facility's monthly instances of final remains for the parameters identified in paragraph (3) of this section until 80 total material samples of final remains have met the requirements of paragraph (3) of this section, not including any samples that required reprocessing to meet those requirements.

e. After 80 material samples of final remains have met the limits of paragraph (3) of this section, the natural organic reduction facility must analyze, at a minimum, 1 instance of final remains each month.

(5) Complying with any testing requirements established by the Delaware Division of Public Health for content parameters additional to those specified in paragraph (3) of this section.

(6) Not releasing any final remains that exceed the limits identified in paragraph (3) of this section.

(7) Preparing, maintaining, and providing upon request by the Delaware Division of Public Health an annual report each calendar year.  The annual report must detail the natural organic reduction facility's activities during the previous calendar year and must include the following information:

a. Name and address of the natural organic reduction facility.

b. Calendar year covered by the report.

c. Annual quantity of final remains.

d. Results of any laboratory analyses of final remains.

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Cite this article: FindLaw.com - Delaware Code Title 16. Health and Safety § 3165. Analysis of material samples for natural organic reduction - last updated January 01, 2026 | https://codes.findlaw.com/de/title-16-health-and-safety/de-code-sect-16-3165/

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