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(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
(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)
(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)
(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)
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
(A) Revocation or suspension of permit. In addition to and not in substitution for any other action authorized hereby, the county may revoke or suspend any person’s permit or license upon a determination by the Director, that said person has violated any provision of this subchapter or has otherwise engaged in conduct which is or may be detrimental to the solid waste acceptance facility or to the health, safety, and welfare of the citizens of the county.
(B) Enforcement. The civil and criminal provisions of this subchapter shall be enforced by those persons or agencies designated by the County Commissioners of the county. It shall be a violation of this subchapter to interfere with a county employee or official in the performance of duties assigned hereunder.
(C) Notice of violation; appeal.
(1) In the discretion of a county employee or official to whom responsibility for enforcement of this subchapter has been delegated by the County Commissioners, a notice of violation may be issued to any person in violation of this subchapter, or any rules and regulations adopted pursuant hereto. Such notice shall impose upon the person a penalty, pursuant to § 50.99(B)(1), as indicated by the county employee or official, which may be paid to any agency designated by the County Commissioners within 30 days in full satisfaction of the violations or which may be appealed to the Director of the Department, or its successor agency, pursuant to division (C)(2) below. In the event that the penalty is not paid within the time prescribed and no appeal is taken, the person to whom the notice of violation was issued shall be liable to the county for the full amount of the penalty established in the notice of violation, and the county may institute suit in the appropriate court of this state to recover the penalty sum.
(2) A person who receives a notice of violation may take an appeal to the Director of the Department, by filing a notice of appeal with the Director of the Department, within 30 days of the date of the notice of violation.
(3) The Director of the Department shall conduct an informal hearing on the appeal in a timely manner and issue a written decision affirming, reversing, or modifying the notice of violation. The decision shall be made and issued within 30 days of the hearing.
(4) A person aggrieved by the decision of the Director of the Department, may appeal the decision to the County Commissioners within ten days from the date of the decision of the Director. The County Commissioners shall conduct a hearing on any such appeal as soon as practical thereafter and issue a decision in writing on such appeal within 30 days after the hearing thereon. A person aggrieved by the decision of the County Commissioners may appeal the decision to the Circuit Court for Carroll County pursuant to the Maryland Rules of Procedure within 30 days of the date the decision was issued. Unless stayed by a court of competent jurisdiction, the decision of the Director of the Department to suspend or revoke a license issued hereunder continues in effect until reversed or modified.
(D) Liability. The generator, the person licensed, and the person operating any vehicle shall be responsible and accountable for any noncompliance with this subchapter, including reimbursing the county for all fees and any and all costs and damages incurred by the county as a result of such violation, including reasonable attorney’s fees.
(2004 Code, § 185-10) (Ord. 94, passed 5-21-1992; Ord. 114, passed 4-14-1994; Ord. 02-08, passed 4-25-2002) Penalty, see § 50.99
SOLID WASTE MANAGEMENT PLAN
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