CHAPTER 50: SOLID WASTE
Section
Licensing of Collectors
   50.01   Definitions
   50.02   Licensing requirements
   50.03   General waste handling requirements
   50.04   Solid waste acceptance policies
   50.05   Prohibited actions at solid waste acceptance facilities
   50.06   Fees
   50.07   Billing and payment of fees
   50.08   Operating and safety rules for county facilities
   50.09   Liability
   50.10   Violations
Solid Waste Management Plan
   50.25   Amended Plan declared official
   50.26   Filing with state
   50.27   Changes
 
   50.99   Penalty
Cross-reference:
   Solid waste projects, see Code of Public Local Laws, Title 12
LICENSING OF COLLECTORS
§ 50.01 DEFINITIONS.
   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning;
   ASBESTOS. Any of the naturally occurring mineral fibers of the serpentine and amphibole series including actinolite, amosite, anthophyllite, chrysolite, crocidolite, and tremolite.
   BULKY WASTE. Large items of solid waste which because of their size or weight require handling other than normally used for solid waste. BULKY WASTE includes but is not necessarily limited to such items as auto bodies, tree trunks and stumps, appliances, and furniture, but does not include recyclable appliances.
   CLEAN FILL. An uncontaminated non-water-soluble, nondecomposable, inert solid such as rock, soil materials, and gravel.
   COLLECTION. The act of picking up solid waste at its point of generation or storage and placing it in a vehicle.
   COMPTROLLER. The Department of the Comptroller for Carroll County, or its successor agency.
   CONSTRUCTION/DEMOLITION WASTE. Does not include the following if they are separated from other waste and used as clean fill:
      (1)   Uncontaminated soil, rock, stone, gravel, unused brick, and block and concrete; and
      (2)   Waste from land clearing, grubbing, and excavation including trees, brush, and vegetative material.
   CONTAINER. Any portable device in which a material is stored, transported, treated, disposed of, or otherwise handled.
   CONTAMINATED SOIL. A portion of solid waste consisting of hydrocarbon contaminated earth or fill, typically generated due to a spill or leak. CONTAMINATED SOIL is a special handling waste.
   COUNTY. Where appropriate to the context, the area located within the geographic boundaries of the county, including the municipalities located therein.
   COUNTY FACILITY. Any solid waste acceptance facility owned or operated by or on behalf of the county.
   DEPARTMENT. The Department of Public Works, or its successor agency.
   DISPOSAL. The storage, treatment, utilization, processing, or final disposition of solid waste, specifically including the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste or hazardous waste into or on any land or water so that such solid waste or hazardous waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including groundwater.
   DISPOSAL FACILITY. A waste management facility used for the final disposal of residual materials not currently reusable for either technological or economic reasons.
   ENVIRONMENTALLY UNSOUND. Any persistent or continuous condition resulting from the methods of operation or design that impairs the quality of the environment when compared to the surrounding background environment or violates any federal, state, county, or municipal standard.
   FREE LIQUIDS. Liquids which readily separate from the solid portion of a waste under ambient temperature and pressure.
   FRIABLE ASBESTOS MATERIAL. Any material that contains more than 1% asbestos by weight and that can be crumbled, pulverized, or reduced to powder, when dry, by hand pressure or otherwise could become airborne.
   GENERATOR. Any person who produces any waste materials regulated by this subchapter.
   HAULAGE VEHICLE. A vehicle designed for and used to transport solid waste between one solid waste facility and another; a transfer vehicle.
   HAULER. A person engaged in the act of collection of solid waste and/or transporting such waste between solid waste facilities.
   HAZARDOUS WASTE. Any refuse, sludge, or other waste material or combination of refuse, sludge, or other waste materials in solid, semisolid, liquid, or gaseous form, which, because of its quantity, concentrations, or chemical, physical, or infectious characteristics, as defined in 40 C.F.R. Part 261, may pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise managed. Categories of HAZARDOUS WASTE materials include but are not limited to explosives, flammables, oxidizers, and reactive wastes, poisons, irritants, and corrosives.
   HOUSEHOLD HAZARDOUS WASTE. Hazardous waste, as defined above, generated in a residential household, that is exempt from the regulations governing the storage, transport, and disposal of hazardous waste, due to the relatively small volume of generation by a single generator or household.
   MDE. Maryland Department of the Environment.
   MATERIALS RECOVERY FACILITY (MRF). A solid waste facility, such as a transfer station or waste processing facility, that is designed, operated, and permitted to process a nonhazardous waste stream by utilizing manual and/or mechanical methods to separate from the incoming waste stream categories of useful, reusable, or recyclable material for reprocessing and reuse.
   MUNICIPAL SOLID WASTE (MSW). Garbage, refuse, rubbish, trash, and other solid waste from residential, commercial, industrial, and community generators which is collected in aggregate, but does not include special handling wastes, hazardous waste, household hazardous waste, recyclables, residual waste, auto hulks, ash, construction and demolition debris, mining wastes, sludge, agricultural wastes, tires, and other materials collected, processed, and disposed of as separate waste streams.
   OPEN BURNING. The combustion of any material without any of the following characteristics:
      (1)   Control of combustion air to maintain adequate temperature for efficient combustion;
      (2)   Containment of the combustion reaction in an enclosed device to provide sufficient residence time and mixing for complete combustion; or
      (3)   Control of emission of the gaseous combustion products.
   PERSON. An individual, trust, firm, joint-stock company, federal agency, corporation (including a government corporation), corporate official, partnership, association, state, municipality, commission, political subdivision of a state, or any interstate body.
   PUBLICLY OWNED TREATMENT WORKS (POTW). Any device or system which is owned by the state, a municipality or a public authority and used in the treatment (including recycling and reclamation) of municipal sewage or industrial wastes of a liquid nature. This definition includes sewers, pipes, or other conveyances only if they convey wastewater to a POTW providing treatment.
   RECYCLABLE WHITE GOODS. Consist of large appliances (i.e., generally weighing more than 50 pounds), including but not necessarily limited to the following: air conditioners, clothes washing and drying machines, dish washers, hot water heaters, refrigerators and freezers, or stoves and ovens.
   RECYCLABLES or RECYCLABLE MATERIALS. Those materials that can readily be separated from the waste stream and readily reused in their present form or can be converted into raw materials from which new products can be manufactured.
   RECYCLING or RECLAMATION. Any lawful method, technique, or process used to collect, store, separate, process, modify, convert, treat, or otherwise prepare recyclable materials.
   RESIDUE. Any material that remains after completion of manual, thermal, mechanical, or chemical processing.
   RESOURCE RECOVERY FACILITY. Any place, equipment, device, or plan designed and/or operated to separate or process solid or liquid waste into usable secondary materials, including fuel and energy.
   SALVAGING. The controlled removal of any solid waste from solid waste disposal facility for reuse.
   SANITARY LANDFILL. A facility at which solid waste is deposited on or into the land as fill for the purpose of permanent disposal and which has received all necessary permits.
   SCAVENGE or SCAVENGING. Removal of recyclables or other items from the waste stream without the prior approval of the generator or, if removed by the generator and placed for delivery to a hauler or committed to a hauler, without the prior permission of the hauler; or removal in a manner not authorized in this subchapter. It does not include separation or segregation of waste for purposes of implementing the county’s recycling program.
   SLUDGE. Any solid, semisolid, or liquid residue consisting of solids combined with water and dissolved materials in varying amounts generated from a municipal, commercial, or industrial water or wastewater treatment plant or flue gas scrubber. SLUDGE includes fecal matters from whatever source.
   SMALL BUSINESS. Any business that has fewer than 25 full-time employees. The business may be constituted under any legal form.
   SOLID WASTE. Garbage, refuse, residue, sludge, and other nonliquid discarded materials resulting from personal, residential, community, mining, agricultural, industrial, or commercial activity, including recyclables. SOLID WASTE does not include solids or dissolved materials found in domestic sewage or other untreated pollutants (i.e., silt or other dissolved or suspended solids found in water or wastewater and any hazardous waste).
   SOLID WASTE ACCEPTANCE FACILITY. Any sanitary landfill, combustion plant (i.e., incinerator), transfer station, resource recovery facility, or MRF, which has a primary purpose to dispose of, treat, or process solid wastes.
   SOLID WASTE MANAGEMENT. The systematic and integrated administration of activities involving the collection, separation, storage, transportation, transfer, reuse, or disposal of solid wastes considering adequate measures for environmental protection, sound engineering, and efficient economics.
   SPECIAL HANDLING WASTES. A portion of municipal solid waste which consists of sludge, ash residue, contaminated soil, asbestos waste, or other waste designated by the county.
   TRANSFER STATION. An intermediate waste facility at which mixed municipal solid waste or other materials are temporarily deposited before being transported to a processing facility or final disposal site.
   TREATMENT. Any method, technique, or process, including neutralization, designed to change the physical, chemical, or biological character or composition of any hazardous waste, or so as to recover energy or material resources from the waste, or so as to render such waste nonhazardous, or less hazardous, safer to transport, store, or dispose of, or amenable for recovery, amenable for storage, or reduced in volume.
   WASTE STREAM. All MSW, industrial waste, hazardous waste, medical waste, recyclables, and sludge in any form (i.e., solid, liquid, or gaseous) that is disposed of by the generator.
   YARD WASTE. Any materials normally generated in the maintenance of gardens, yards, lawns, or landscaped areas, whether residential, commercial, or public, including leaves, grass clippings, plants, shrubs, prunings, and trimmings. YARD WASTE does not include other tree waste, land clearing debris, waste pavement, or soil.
(2004 Code, § 185-1) (Ord. 94, passed 5-21-1992; Ord. 02-08, passed 4-25-2002)
§ 50.02 LICENSING REQUIREMENTS.
   (A)   License required.
      (1)   After June 30, 1992, no person shall engage or continue to engage in the collection, haulage, or disposal of solid wastes, including the purchase of recyclables, within the county without first filing for and obtaining a license from the county. Hauler licenses may not be assigned to any other person without the prior consent of the county, which consent will not be unreasonably withheld.
      (2)   After June 30, 1992, no licensee shall collect or transport any solid wastes to or from any solid waste acceptance facility in any vehicle or container that has not been licensed by the county for that use.
      (3)   Vehicle licenses issued hereunder in the form of a sticker may not be transferred to any other vehicle and must only be affixed to the vehicle for which it is issued. Licenses issued hereunder shall be and remain the property of the county. Stickers shall be firmly affixed in a prominent location on the left front (driver’s side) of the vehicle so that it can be readily visible to the scale house operator.
      (4)   Hauler licenses shall be issued for one year on a fiscal-year basis (July 1 through June 30). Vehicle licenses may be issued for two years on a fiscal-year basis (July 1 through June 30). There will be no pro ration of fees for licenses issued during the course of the fiscal year.
      (5)   A licensee shall notify the county within 30 days of any change of information supplied in its application for a license.
      (6)   The failure to provide the information required by division (A)(5) above shall be grounds and sufficient cause to revoke summarily the license.
      (7)   The county may refuse to issue, suspend, or revoke a license for any vehicle which does not comply with MDE, Maryland Department of Transportation (MDOT), United States Department of Transportation (USDOT) regulations and county specifications; for any vehicle for which insurance coverage is not maintained in accordance with this subchapter; or for any vehicle owned, used, or leased by a person who violates, or whose employees or agents violate, any provision of this subchapter or any license issued hereunder. In addition, the county may bar vehicles or containers from county facilities if in the county’s opinion the vehicle or container may cause a nuisance.
      (8)   The following persons are not required to obtain a license required by this section:
         (a)   Persons transporting solid wastes and recyclables generated in such person’s primary residence or in such person’s small business. Any officer, owner, or bona fide employee of a small business which generates solid waste may haul waste generated by the small business for the small business;
         (b)   A farm owner, operator, or bona fide employee hauling agricultural wastes and recyclables generated on any single farm; or
         (c)   Persons transporting solid wastes or recyclables in interstate commerce which were not generated or are not to be disposed of in the county.
   (B)   Application for license.
      (1)   Applications for licenses issued hereunder shall be made on forms supplied by the Comptroller and shall contain all information requested by the county. An application will not be accepted or processed unless it is complete. That information shall include but is not limited to the following:
         (a)   Name of the applicant;
         (b)   Applicant’s mailing address;
         (c)   List of the vehicles and equipment owned and leased by the applicant which are to be permitted hereunder;
         (d)   Proof of insurance;
         (e)   Name and address of the primary contact acting as representative for the applicant;
         (f)   The appropriate fee based on the fee schedule supplied by the Comptroller; and
         (g)   A description of the hauler’s plan for the collection and disposal of solid waste including recyclables.
      (2)   Within 30 days of filing the application for license, the applicant will be notified by the Comptroller whether or not the application is complete.
      (3)   Applications for license renewals must also be filed with the Comptroller no later than April 30 of each year. Short-form renewals are available from the Comptroller if the data listed under division (B)(1) above has not changed. If the information has changed, a modified full application must be filed.
      (4)   A licensee shall notify the Comptroller within 30 days of any change of information supplied on its application for a license.
      (5)   Failure to provide any information required in connection with any license application or renewal or failure to inform the county of any change in information previously supplied in connection with any application or renewal shall be grounds and sufficient cause to either deny any pending application, or to revoke or suspend any active license of a solid waste hauler.
(2004 Code, § 185-2) (Ord. 94, passed 5-21-1992; Ord. 02-08, passed 4-25-2002)
§ 50.03 GENERAL WASTE HANDLING REQUIREMENTS.
   Any person, regardless of whether he or she is required to be licensed, who collects, hauls, or disposes of solid waste shall comply with the following requirements.
   (A)   No person shall deposit solid waste except in approved solid waste acceptance facilities in accordance with § 50.04; no person shall scavenge; and upon the passage of 90 days from the county’s adoption of a resolution declaring that recycling is mandatory, no person shall deposit recyclables except in a separate container designated for that purpose, nor shall any person commingle recyclables with any other type of solid waste.
   (B)   No person shall cause solid waste except recyclables to remain or to be stored in any collection or haulage vehicle. In case of inclement weather, act of God, or emergency such as equipment breakdown or accident, no solid waste shall be allowed to remain or to be stored in any collection or haulage vehicle in excess of 24 hours. If an emergency arises or inclement weather occurs, the hauler is responsible for having the material removed to its intended destination in a timely manner.
   (C)   No person shall cause a vehicle to be used for the collection or haulage of solid waste if the design of the vehicle is such that any material could spill onto any roadway.
   (D)   No person shall cause a vehicle used for hauling solid waste to be used beyond its design capabilities or in such a manner that littering or spillage of the materials could occur.
   (E)   All work or collection crews operating solid waste collection systems shall take reasonable care to protect the property of customers being served. Any damage or spillage of materials occurring as a result of the collector’s actions shall be the collector’s responsibility.
   (F)   No person shall collect, transport, or deliver any solid waste in the county in such manner as to allow for littering, spillage, or the creation of a nuisance in any other manner. All loads shall be secured and covered, if necessary. No person shall collect, transport, or deliver recyclables if the recyclables are commingled with any other waste, except pursuant to the provisions of a license issued hereunder; and upon the passage of 90 days from the county’s adoption of a resolution declaring that recycling is mandatory.
   (G)   No person shall collect, transport, or deliver to any designated county facility any material that is or shows evidence of smoking, smoldering, or burning.
   (H)   In the event a person must dump materials in transit in an emergency due to smoking, smoldering, or burning, that person shall be responsible for immediately notifying the Department and the police and fire departments having jurisdiction, and shall be responsible for cleanup of materials dumped during the emergency. Cleanup shall be accomplished promptly, but in no event later than 24 hours after dumping, and the material shall then be properly disposed of.
   (I)   No person shall manage or dispose of a part or fraction of the waste stream except in accordance with all applicable federal and state laws and regulations and this subchapter.
   (J)   No person shall use open burning as a means of solid waste management in the county, unless permitted by the appropriate state or local regulatory authority.
   (K)   No person shall manage or dispose of any part of the waste stream within the county in any manner which results in or may result in the creation of any potential for contamination of existing natural environmental resources (i.e., surface water and groundwater quantity and quality and air quality, or that could result in any environmentally unsound condition).
   (L)   The county is hereby authorized to require that recyclables be disposed of separately from all other waste; provided, however, that the exercise of the authority hereby granted shall not be effective until the passage of 90 days from the day on which the county adopts a resolution declaring recycling mandatory. The county shall cause notice to be published in a newspaper of general circulation in the county outlining in substance the effect of their resolution declaring recycling mandatory. No person shall dispose of recyclables except as allowed under the provisions of this subchapter.
(2004 Code, § 185-3) (Ord. 94, passed 5-21-1992; Ord. 114, passed 4-14-1994; Ord. 02-08, passed 4-25-2002) Penalty, see § 50.99
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