§ 50.04 SOLID WASTE ACCEPTANCE POLICIES.
   (A)   County waste only. Only solid waste generated in the county may be delivered to or disposed of at county facilities. Solid waste generated in the Town of Mt. Airy that conforms to a contract between the Town of Mt. Airy and the county may be disposed of at county facilities. If the solid waste is a special handling waste, it may not be delivered to a county facility unless a permit has been issued allowing the delivery and then, only in strict compliance with the terms thereof.
   (B)   Fines for unacceptable wastes. Any person delivering unacceptable waste, including waste generated outside the county, to a county facility will be responsible for the payment of any fine that may be assessed, for the removal of the unacceptable waste from the site, cleanup, and remediation of any damages resulting from such delivery, and reimbursement of all costs and damages incurred by the county as a result of such delivery in addition to payment of the applicable solid waste management fee.
   (C)   Unacceptable wastes. 
      (1)   The following are considered unacceptable wastes, and no person shall deposit or cause to be deposited any of the following materials in any county sanitary landfill:
         (a)   Hot ashes or any material that shows evidence of smoking, smoldering, or burning;
         (b)   Guns, rifles, pistols, firearms, or ammunition of any kind;
         (c)   Explosive materials or other lethal wastes;
         (d)   Electric arc furnace dust;
         (e)   Tree stumps;
         (f)   Logs, branches, or timbers with dimensions as determined by the Department;
         (g)   Concrete slabs, curbing, brick bats, stone, or similar material of any dimension which is greater than six inches;
         (h)   Gasoline, oil products, petroleum product waste and sludge, or any combustible material;
         (i)   Pipe measuring over four feet in length or four inches in diameter;
         (j)   Special handling waste without a permit for same;
         (k)   Motor vehicles or any part thereof;
         (l)   Hazardous wastes;
         (m)   Sealed drums, closed large containers, and tanks of any size or type;
         (n)   Liquids or wastes containing free liquids;
         (o)   Intact bulky wastes;
         (p)   Toxic wastes;
         (q)   Pathological/infectious or other medical wastes;
         (r)   Radioactive wastes;
         (s)   Any substance prohibited by any other statute, rule, or regulation;
         (t)   Yard waste; and
         (u)   Upon the passage of 90 days from the county’s adoption of a resolution declaring that recycling is mandatory, recyclables.
      (2)   If permitted by law, the county may issue permits to allow any of the foregoing as special handling wastes.
   (D)   Special handling wastes. Delivery of special handling wastes to any county-operated solid waste acceptance facility without a special permit issued by the county is prohibited. All special handling wastes shall be segregated from other categories of waste from the point of generation.
      (1)   Permit. A person wishing to dispose of special handling wastes shall apply for a permit to do so on a form provided by the county for that purpose and in the manner prescribed by the county giving sufficient time for the application to be reviewed and processed prior to the date of intended delivery. Application for a permit to dispose of special handling wastes must include a complete description of the waste in question and the required fee. The county may require the submission of additional data, including the results of county-specified laboratory analyses, prior to a consideration of permit issuance. The county reserves the right to deny acceptance of any waste.
      (2)   Fractional load. A fraction of any category of special handling wastes found in a load of any other waste category delivered to any county facility shall be grounds for the county to designate the entire load, including other loads from which the waste originated, as unacceptable waste.
      (3)   Sludge.
         (a)   No sludge will be accepted at county facilities unless the following conditions have been met:
            1.   A properly completed request for approval to dispose of sludge has been approved by both MDE and the county and a permit has been issued by the county authorizing the disposal in the manner indicated in the permit.
            2.   Each load of sludge shall be delivered to the county landfill in a dewatered state, with a solids content consistent with the requirements of the landfill refuse disposal permit, with a cake-like texture. The sludge shall exhibit no liquid phase separation in a test which consists of either the EPA Gravity Test (as described in the Federal Register, Volume 47, No. 38, Page 8311, Thursday, February 25, 1982) or the EPA Plate Test (described in the Federal Register, Volume 45, No. 98, Page 33214, Monday, May 19, 1980). Results of these tests shall be submitted to the county and a copy presented to the landfill gatekeeper upon delivery for disposal.
            3.   The county may require laboratory test results for each load from a laboratory and in a form acceptable to the county. The county shall develop and maintain a list of laboratories acceptable to the county and shall provide a form for the reporting of sludge test results so that the test parameters are known in advance.
         (b)   Pursuant to the provisions of this section, sludge may be accepted at county landfills or may be disposed of pursuant to a permit issued by MDE. Sludge shall not be mixed with any other waste when discharged into a county facility.
      (4)   Ash residue. Nonhazardous (or exempted) ash residue from the combustion of fossil fuels or municipal waste may be accepted only at the county landfills and only after county approval of applicable laboratory analyses. Ash residue shall not be mixed with any other waste when discharged into a county facility.
      (5)   Contaminated soil. No contaminated soil will be accepted at county facilities unless the county has received relevant test data and approved of the disposal. Contaminated soil if approved for disposal may be accepted at the county landfills only by appointment. Contaminated soil shall not be mixed with any other waste when discharged into a county facility.
      (6)   Asbestos. Asbestos and materials containing ASBESTOS (defined as “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”) may be disposed of at county landfills only under the following conditions:
         (a)   The asbestos or material containing asbestos must be generated or originate in the county.
         (b)   Asbestos or materials containing asbestos shall be packaged in impermeable bags with a minimum thickness of six mils and then placed in corrugated or fiberboard drums sealed so that they are leakproof. The containers shall be prominently labeled (in at least 16-point type) as follows:
CAUTION, CONTAINS ASBESTOS
AVOID OPENING OR BREAKING CONTAINER
BREATHING ASBESTOS IS HAZARDOUS TO YOUR HEALTH.
         (c)   Any container which does not meet the criteria enumerated above or which has not been adequately packaged, in the judgment of the county, shall not be accepted.
         (d)   The county shall be notified at least 48 hours in advance of the disposal of any asbestos or material containing asbestos.
         (e)   Large structural components containing asbestos that cannot be packaged in drums, as described in this subchapter, only will be accepted for disposal if the component in question is itself acceptable for disposal and the asbestos is adequately wetted, encapsulated, and handled in accordance with the provisions of 40 C.F.R. Part 61, 1981 edition and COMAR 10.18.15 and 10.18.23, as those provisions may be amended from time to time.
         (f)   Any person hauling asbestos or materials containing asbestos to county facilities shall obtain an asbestos disposal form from the county and submit a properly completed form to county personnel prior to entering the solid waste acceptance facility.
         (g)   Any person hauling asbestos or materials containing asbestos to county facilities shall unload at the location designated by county’s personnel. Asbestos or materials containing asbestos shall be unloaded in a manner which protects the containers from damage.
         (h)   Any truck or other vehicle hauling asbestos or materials containing asbestos to county facilities shall have available on it protective equipment to be used in the event that accidental damage to containers of asbestos or materials containing asbestos occurs.
   (E)   Recyclable materials. A hauler who collects municipal solid waste must also collect or provide for the collection of recyclables separated from all other forms of solid waste. It is the responsibility of a hauler who transports recyclables, a generator who transports recyclables, or a purchaser of recyclables to furnish the county with monthly reports on tonnages of recyclable materials hauled, generated, or purchased, their source and their destination. Information provided herein, concerning the source and destination of recyclable materials, considered proprietary or confidential must be clearly designated as proprietary or confidential at the time a report is made. Upon clear designation that information contained in a report is proprietary and should remain confidential, the county will deny access to the information pursuant to Md. Code, State Government Article, § 10-617(d), notify the provider of the information of any action filed to gain access to the information, and the county will not disseminate the information beyond county staff or other government employees who agree to maintain the confidentiality of the information and who demonstrate a need to have the information to perform their duties. Failure to provide reports required by the county shall be sufficient grounds to suspend, revoke, or deny a license issued hereunder and shall be a violation of this subchapter. Haulers delivering solid waste to a county facility shall segregate solid waste separately into any category as may be required by county. Upon the passage of 90 days from the county’s adoption of a resolution declaring that recycling is mandatory, haulers shall be responsible for having all recyclables, at the time of delivery, segregated from all other waste.
      (1)   Yard waste. No person shall dispose of yard waste by commingling it with other solid waste. If yard waste is to be disposed of at a county facility, it may be disposed of at the Northern Landfill or at other sites as may hereafter be designated by the county, but only in the location designated by the county for its disposal at the Northern Landfill or other designated site. Loads of yard waste containing any material other than yard waste will not be accepted as yard waste and in addition to the solid waste management fee may be subject to penalties upon acceptance at a county facility if the contamination affected the county’s yard waste collection program adversely in any way.
      (2)   Tires. Any individual disposing of four or fewer tires within a week may take the tires to any county-designated facility. Any individual disposing of five or more tires shall comply with Md. Code, Environment Article, § 9-228, and COMAR 26.04.08.
      (3)   Recyclable white goods. Recyclable white goods, if delivered to a county facility, shall be unloaded in the designated white goods unloading area and may not be disposed of in a sanitary landfill, except pursuant to an approval of the Director of the Department.
   (F)   Documentation. Upon the request of the county, a hauler, purchaser of recyclables, or a commercial generator hauling its own solid waste shall provide the county with accurate and verifiable documentation of the types, quantities, and disposition of any solid waste which the hauler, generator, or purchaser has transported, or had transported, to any location. Information provided herein, concerning the source and destination of recyclable materials, considered proprietary or confidential, must be clearly designated as proprietary or confidential at the time a report is made. Upon clear designation that information contained in a report is proprietary and should remain confidential, the county will deny access to the information pursuant to Md. Code, State Government Article, § 10-617(d), notify the provider of the information of any action filed to gain access to the information and the county will not disseminate the information beyond county staff or other government employees who agree to maintain the confidentiality of the information and who demonstrate a need to have the information to perform their duties.
(2004 Code, § 185-4) (Ord. 94, passed 5-21-1992; Ord. 114, passed 4-14-1994; Ord. 02-08, passed 4-25-2002)