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§ 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
§ 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)
§ 50.05 PROHIBITED ACTIONS AT SOLID WASTE ACCEPTANCE FACILITIES.
   (A)   All municipal solid waste shall be transported directly from the point of collection and delivered in accordance with this subchapter to a solid waste acceptance facility (either a county facility or any other lawfully permitted facility), without any intervening transfer, unloading, processing, sorting, salvaging, scavenging, or reuse, except as may be allowed under the terms of the license issued hereunder.
   (B)   Special handling wastes shall be transported from the point of collection and delivered in accordance with this subchapter to a facility authorized by law to accept them.
   (C)   Upon reasonable advance notice to the hauler, the county may designate or change the site designation for disposal of any waste or recyclable material.
   (D)   No person shall use any county facility without a valid license as may be required by this subchapter and which has been obtained from the county or use any county facility in violation of this subchapter. A license issued pursuant to this subchapter may be revoked at any time for any cause determined sufficient by the county after reasonable notice and an opportunity for the licensee to be heard.
   (E)   No person shall possess or consume any alcoholic beverage or beverages at any county facility.
   (F)   No person shall operate a motor vehicle in a reckless or unsafe manner at a county facility.
   (G)   No person shall trespass on county facility property. Except on a county MRF, only persons with valid permits shall be allowed on county facility property, and they shall be allowed only during operating hours and when accompanied by authorized county personnel. The operator of a county MRF shall take precaution to secure its property against trespassers.
   (H)   Except in the course of law enforcement, no person shall discharge a firearm or other weapon such that it projects any object over or onto property of a county facility.
(2004 Code, § 185-5) (Ord. 94, passed 5-21-1992) Penalty, see § 50.99
§ 50.06 FEES.
   (A)   Authorized fees.
      (1)   The county is hereby authorized in its executive capacity to establish fees and penalties for the receipt of any solid waste or unacceptable waste at a county facility. Fees or penalties established hereunder may be changed whenever the county deems it necessary or expedient to do so.
      (2)   The County Commissioners may authorize the Department to adjust fees on March 1 of each year to be effective on the following July 1 to recover the actual cost of the operation of all solid waste management services provided by the county. If this authorization is given, the Department shall establish as the solid waste management fee a charge that is the result of the Department’s determination of the projected actual cost of solid waste services divided by the total tonnage of municipal solid waste projected to enter the county landfill in the next fiscal year. (Actual cost is comprised of the proposed budgets of those agencies of county government whose duties are solely related to providing solid waste services, that portion of the budgets of agencies of county government that may be attributable to the provision of solid waste management services, any surplus or deficit, depreciation, annualized cost of future development and closing, annualized cost of future facilities, and if not previously accounted for herein, the cost of hazardous waste disposal, composting, and recycling.)
      (3)   In addition, solid waste management fees may be calculated and established on any portion of the waste stream by providing different fees for different categories of waste. If separate fees are established for different categories of solid waste, the anticipated revenue from these fees shall be used by the Department in establishing the solid waste management fee. In addition, the Department, if authorized to adjust the solid waste management fee pursuant to this section, may adjust any fee established hereunder and establish new fees.
   (B)   Types of fees.
      (1)   Solid waste management fee. Solid waste, including any component of the waste stream, may be assessed a management fee when delivered to the county landfill or other county facility. These fees are in addition to any permit or license fee.
      (2)   Special handling wastes. Special handling wastes will be assessed a management fee when delivered to the county landfill. This fee is in addition to any solid waste management fee, permit, or license fee.
      (3)   MRF residue. Residue from the processing of a MRF shall be subject to a solid waste management fee in an amount established in a contract between the county and the operator of the MRF. If there is no contract or the contract does not address a fee for MRF residue, the fee shall be as established pursuant to division (A) above.
      (4)   Mixed loads. The fee for any load containing more than one category of waste shall be equal to the fee that would be required for disposal of the load requiring the highest fee. The county may reduce or waive this surcharge if the hauler demonstrates to the reasonable satisfaction of the county that the mixing of waste was not due to the fault or negligence of the hauler and that the hauler has made best efforts to prevent such mixing in the future.
      (5)   Additional fees. An additional fee of $100 per hour may be assessed to the hauler of any load of waste which requires any assistance.
   (C)   Customer notice. A hauler shall include on each invoice to a residential customer a specific statement that informs the customer of the amount of the county’s solid waste management fee. For example, if the fee is $40 per ton, the notice must read: “The fee charged by the county for each ton of solid waste we dispose of is $40. It is estimated that each household generates one and one-half tons of solid waste per year without recycling.”
(2004 Code, § 185-6) (Ord. 94, passed 5-21-1992; Ord. 114, passed 4-14-1994; Ord. 02-08, passed 4-25-2002)
§ 50.07 BILLING AND PAYMENT OF FEES.
   (A)   A solid waste management fee shall be charged on each load of solid waste delivered to a county landfill, and payment shall be due upon disposal of the waste. Categories of solid waste may be charged different fees, or the county may determine not to charge a fee for categories of solid waste. A hauler may enter into a written agreement with county to establish an account with the county. The county may require a hauler to provide security for the future payment of the fee in a form and amount satisfactory to county upon the establishment of a credit account, and the county may charge an administrative fee if a credit account is requested.
   (B)   A municipality within the county, that engages to collect all solid waste within its jurisdiction, may elect to pay solid waste management fees upon a monthly basis pursuant to a schedule developed by the Department, or that municipality may elect to have its hauler pay solid waste management fees pursuant to division (A) above. In the event a municipality elects to pay its solid waste management fee, the municipality shall make arrangements with its hauler for providing the county with a manifest identifying the source of the solid waste and the municipality’s responsibility for payment of the fee. The hauler will be charged for all loads that are not properly identified as the responsibility of the municipality.
   (C)   If a hauler has established an account with the county, or if a municipality elects to pay its solid waste management fee to the county directly, the hauler or the municipality, as the case may be, will be billed monthly and payment shall be due within 30 days of the date of the bill. The county may charge interest on unpaid balances and assess penalties for accounts that are past due.
   (D)   Accounts not paid by the thirty-fifth day after the statement date will be classified as delinquent, and in addition to interest and penalties being assessed, credit will be suspended until full payment is made. No dumping will be allowed.
   (E)   If an account becomes delinquent a second time within 12 months, the person who has the account will lose the credit privilege for six months.
   (F)   A person who has a credit account must charge at least $50 per month to maintain a credit account.
   (G)   All additional fees will be billed separately and will be due 30 days from statement date and shall be subject to penalties for late payment and interest as determined by the Comptroller.
(2004 Code, § 185-7) (Ord. 94, passed 5-21-1992; Ord. 02-08, passed 4-25-2002)
§ 50.08 OPERATING AND SAFETY RULES FOR COUNTY FACILITIES.
   (A)   Any users of the county facilities shall unload in designated areas and immediately thereafter leave the site.
   (B)   All persons other than those actually participating in the unloading must remain in vehicles as a matter of safety. Children under age 13 and pets must also be kept in vehicles.
   (C)   Salvaging and scavenging is prohibited at the county facilities except with the prior written approval of the county.
   (D)   No fires or open burning are permitted in county facilities.
   (E)   No hunting is permitted at any solid waste acceptance facility owned or operated by or on behalf of Carroll County.
   (F)   No person may dump solid waste, recyclables, special handling waste, or other waste regulated hereunder in other than an area designated for the disposal of that waste or dump solid waste, recyclables, or special handling wastes without a permit if required by this subchapter to have one.
   (G)   Smoking is prohibited at county facilities except in designated smoking areas.
   (H)   Loitering and solicitation are prohibited at county facilities.
   (I)   Boxes or other containers will be allowed to be dropped from vehicles only in areas expressly designated as untarping or unloading areas.
   (J)   Vehicles and containers may not be left at county facilities without prior county approval.
   (K)   All sorting and separation of solid waste by a hauler must be performed at designated areas and not in the tipping areas.
   (L)   Haulers must unload solid waste off the rear of the vehicle in designated tipping areas. Unloading of vehicles off the sides is prohibited. No vehicles will be allowed to discharge waste through the tailgate. All tailgates must be removable, lay down, or swing to an open position.
   (M)   Passengers shall be in the cab of the vehicle upon arrival at the scale. Riding on the bed or tailgate between the scale and tipping areas or during unloading is prohibited.
   (N)   Operators of vehicles are required to leave a minimum of six feet between vehicles during unloading at the landfill and MRF.
   (O)   Licensed vehicles, containers, and the contents of vehicles and containers are subject to inspection at any time by the county.
   (P)   All persons unloading vehicles shall be appropriately dressed to prevent injury and shall be wearing shoes.
   (Q)   Owners and operators of licensed vehicles and containers shall be responsible to ensure that their vehicles are watertight, readily emptied, cleaned with sufficient frequency to prevent insect breeding or odors or other nuisances, and shall be maintained in good repair and a safe condition. All waste must be secured to the vehicle or container and enclosed or covered with secured tarpaulins to prevent leakage, spillage, dusting, or litter. Such enclosures and tarpaulins must remain in place until arrival at the designated unloading or uncovering areas at the county facility. After discharging a load of waste, the driver or operator of the vehicle is responsible for inspecting the vehicle and the container to ensure that all the waste from the vehicle and container has been discharged properly. In the event that all the waste has not been discharged, the driver or operator must remove all remaining waste or secure the remaining waste by tarping or enclosing the vehicle or container. In the event a vehicle or container leaks, spills, dusts, or litters on any county facility, public road, or private property, the person hauling the waste will be responsible for all cleanup and for paying any costs incurred or damages sustained by the county in connection with performing or monitoring such cleanup.
(2004 Code, § 185-8) (Ord. 94, passed 5-21-1992; Ord. 2013-08, passed 8-29-2013)
§ 50.09 LIABILITY.
   The county will not be liable for any actions, errors, or omissions of any contractors of the county, persons authorized to use or enter county facilities, or trespassers at county facilities. All persons proceeding onto county facilities do so at their own risk.
(2004 Code, § 185-9) (Ord. 94, passed 5-21-1992) Penalty, see § 50.99
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