(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