(A) License required. No person may establish, operate or maintain a refuse collection and disposal site or expand the area of any existing refuse collection and disposal site without first having obtained a license from the Board pursuant to this subchapter.
(B) Issuance of license.
(1) Every nonconforming refuse collection and disposal site shall have the right, if exercised within 90 days from the effective date of this subchapter, to receive a license, subject to the provisions of division (B)(7) below. Thereafter, no refuse collection and disposal site shall receive an initial license, nor shall any refuse collection and disposal site be expanded pursuant to division (E) of this section, except in full compliance with this subchapter.
(2) Each application for a license shall:
(a) Be made on a form supplied by the Board;
(b) Include the information required by the Board for review of the application;
(c) Be signed by the applicant or the duly authorized agent of the applicant;
(d) Be accompanied by a plat, drawn at a scale no smaller than 1 inch equals 100 feet, showing:
1. The boundaries of the refuse collection and disposal site and the proposed setbacks in compliance with § 50.37;
2. The location and type of any existing or proposed screening in compliance with § 50.38; and
3. A general location map, which may be on a separate sheet and at a different scale.
(3) The applicant shall also submit, with the application:
(a) A detailed summary of the nature of the business to be carried on on the premises;
(b) Plans showing in detail the existing groundwater and the method to be employed to protect the groundwater and surface water;
(c) Plans showing in detail the measures to be employed to protect the air and soil from any environmental degradation.
(4) Six copies of the completed application form and accompanying plat shall be filed with the Inspector. Within 10 working days, the Inspector shall:
(a) Review the materials to determine whether or not the application and plat comply with the provisions of this subchapter; and either
(b) Return the materials to the applicant with a written indication of the corrections required to bring the application into compliance; or
(c) Forward the materials to the Board for its action.
(5) Within 30 working days from its receipt of the application materials from the Inspector, the Board shall either:
(a) Approve or deny the application, pursuant to division (B)(6) below; or
(b) Provide for a public notice or hearing, and should the Board schedule a public hearing on the application, the public hearing shall be held not less than 14 nor more than 30 days from the date of the Board’s decision, and notice of which shall be advertised 2 consecutive weeks beforehand in a newspaper of general circulation in the county.
(6) The Board shall approve the application unless the Board makes a written finding of facts stating the reasons why approval would be contrary to the public interest or injurious to the health and comfort of the inhabitants of the county or detrimental to the public health, safety or general welfare. In the event that the application is refused, the processing fee will be returned, less $250 to cover administrative costs.
(7) In the case of a nonconforming refuse collection and disposal site, the Board shall approve the application; provided, however, that if the Board finds that the strict application of the standards contained in § 50.36 would result in unnecessary hardship upon the applicant, the Board shall have the authority to modify the application and to grant a temporary or permanent variance as specifically provided in § 50.36.
(8) After the approval by the Board, the applicant shall receive the license promptly upon payment of the fee specified in division (G) of this section.
(C) Term of license. For the purpose of this subchapter, the license year extends from July 1 to June 30, and every license issued hereunder shall expire unless renewed before the end of the license year.
(D) Renewal of license. Every person holding a valid refuse collection and disposal site license shall be entitled to renewal of the same upon payment of the annual renewal fee specified in division (G) of this section.
(E) Amendment of license. A person proposing to expand the area of additional structures of a previously licensed refuse collection and disposal site shall follow the procedures specified in division (B) of this section, except that the applicant shall be required to submit only those portions of the application materials containing revised information pertinent to the proposed expansion or addition and pay the fee outlined in division (G) of this section.
(F) Transfer of license. A valid refuse collection and disposal site license shall be transferable to another person upon the submittal of an application form and the payment of the fee specified in division (G) of this section.
(G) Fees.
(1) No license for a refuse collection and disposal site shall be valid until the applicant has paid to Garrett County the license fee in accord with the following schedule:
(a) For the processing and initial issuance of a license to a new applicant: $700.
(b) For the annual renewal of a currently valid license: $100.
(c) For each amendment of a currently valid license: $100.
(d) For the transfer of a currently valid license: $100.
(e) For the processing and initial issuance of a license for an existing dealer: $250.
(2) A fee shall be assessed for all waste material of any type, including but not limited to rubbish, solid waste, refuse, sludge and garbage, which is transported into and deposited in Garrett County, Maryland. The fee shall be $2 per ton. The license holder shall tabulate the quantity of materials transported into the county on a monthly basis. The monthly report shall be submitted to the County Treasurer and County Inspector’s office by the fifteenth of each month for the preceding month. Payment of the fee shall be submitted to the County Treasurer along with the monthly report. The recordkeeping system shall be made available to and acceptable to the County Treasurer.
(H) Inspections. The Board may, from time to time, but not less than annually, order the inspection of any licensed refuse collection and disposal site to determine its compliance with this subchapter. Every licensee shall allow such inspection of the refuse collection and disposal site by the person and persons appointed by the Board and by any appropriate county, state or federal official.
(I) Suspension or revocation of license.
(1) Whenever the Inspector shall determine that there are reasonable grounds to believe that there has been a violation, he or she shall give notice of such alleged violation to the person or persons responsible therefor as hereinafter provided, and the official shall also notify the Board of such alleged violation in writing. The notice shall:
(a) Be put in writing;
(b) Include a statement of the reasons why it is being issued;
(c) Allow for a period of 60 days for the performance of any act it requires;
(d) Include a statement specifying the person’s or persons’ right to appeal the violation notice pursuant to division (I)(2) below;
(e) Be served upon the owner or his or her agent, provided that the notice shall be deemed to be properly served upon the owner or agent if a copy thereof is served upon him or her personally or if a copy thereof is sent by certified mail with return receipt requested to his or her last known address. If notice cannot satisfactorily be served as specified above, then a copy of the notice may be posted in a conspicuous place in or about the refuse collection and disposal site affected by the notice, or he or she may be served with such notice by any other method authorized or required under the laws of the state.
(2) The notice may contain an outline of remedial action which, if taken, will effect compliance with the provisions of this subchapter and with rules and regulations adopted pursuant thereto. Any person affected by any notice which has been issued in connection with the enforcement of any of the provisions of this subchapter or any rule or regulation adopted pursuant thereto may request and shall be granted a hearing on the matter before the Board, provided that the person shall file in the office of the Board a written petition requesting the hearing and setting forth a brief statement of the grounds therefor within 14 days after the day the notice was served. Upon receipt of the petition, the Board shall set a time and place for the hearing and shall give the petitioner written notice thereof. At the hearing, the petitioner shall be given an opportunity to be heard and to show why the notice should be modified or withdrawn. The hearing shall be commenced not later than 14 days after the day on which the petition was filed, provided that, upon application of the petitioner, the Board may postpone the date of the hearing for a reasonable time beyond the 14 day period if in its judgment the petitioner has submitted a good and sufficient reason for the postponement. After the hearing, the Board shall sustain, modify or withdraw the notice, depending upon its findings as to whether the provisions of this subchapter have been complied with. The proceedings at the hearing, including the findings and decision of the Board, shall be summarized, reduced to writing and entered as a matter of public record in the office of the Board. The records shall also include a copy of every notice issued in connection with the matter.
(3) At the conclusion of the 60-day correction period, the Inspector shall conduct an on-site inspection of the refuse collection and disposal site affected by the notice to determine compliance. If the Inspector finds that the violation has been corrected, he or she shall notify the owner, in writing, of his or her compliance. If the Inspector finds:
(a) That corrective measures have not been taken, he or she shall initiate appropriate action against the person or persons affected by the notice. The action may include, in addition to the remedies provided in § 50.44, an order for the revocation of any refuse collection and disposal site license by the Board; or
(b) That the person or persons responsible for the violation have made a good-faith effort to correct the violation, the Inspector may provide notice to perform such further corrective measures as deemed necessary by the Inspector. The notice shall be issued pursuant to division (I)(1) above and may be appealed pursuant to division (I)(2). If all corrective measures have not been fulfilled by the conclusion of the second notification period, the Inspector shall initiate appropriate action as specified in division (I)(3)(a) above.
(4) Whenever the Inspector shall find that an emergency exists which requires immediate action to protect the public health or safety, he or she may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that corrective action be taken within 30 days or as he or she deems necessary to meet the emergency. Notwithstanding the other provisions of this subchapter, the order shall be effective immediately. Any person to whom each order is directed shall comply therewith immediately, but upon filing a petition with the Board shall be afforded a hearing within 7 days of the receipt by the Board of the petition. After the hearing, depending upon its findings as to whether the provisions of this subchapter have been complied with, the Board shall continue the order in effect, modify it or revoke it.
(5) Any person aggrieved by this decision of the Board may seek relief therefrom in any court of competent jurisdiction, as provided by the laws of this state.
(1986 Code, § 260-17) (Ord. —, passed 7-19-1988; Am. Ord. —, passed 10-12-1993)