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(A) No driveway or other point of vehicular access to a refuse collection and disposal site shall intersect any public road within 100 feet of the point of intersection of 2 public roads, measured along the center lines thereof.
(B) Except in unusual circumstances, the Board shall not authorize more than 1 driveway or other point of vehicular access for every 300 feet of frontage of a refuse collection and disposal site along a public road. No such driveway shall be more than 30 feet in width.
(C) Upon a finding of unnecessary hardship pursuant to § 50.35(B)(7), the Board may, in the case of a nonconforming refuse collection and disposal site, authorize an access variance, either permanently or for a period not to exceed 9 months.
(1986 Code, § 260-21) (Ord. —, passed 7-19-1988; Am. Ord. —, passed 10-12-1993)
(A) No refuse may be stacked or stored to a height greater than the height of the screening enclosing the refuse collection and disposal site.
(B) Burning of waste materials within a refuse collection and disposal site shall be permitted only in strict compliance with applicable county, state and federal air quality regulations.
(C) The Board may, in the license of any refuse collection and disposal site, prescribe reasonable limits on the hours of operation at the refuse collection and disposal site, taking into account the type and proximity of development existing on nearby properties.
(1986 Code, § 260-22) (Ord. —, passed 7-19-1988; Am. Ord. —, passed 10-12-1993)
(A) Every refuse collection and disposal site shall be entitled to have not more than 1 identification sign on the premises. The sign shall not be larger than 200 square feet in size. No part of the sign shall extend more than 20 feet above the ground.
(B) No sign shall constitute a public safety or traffic hazard, such as by obstructing traffic signals, traffic signs, road warning signs, street name signs or the full view of the traffic in all directions at driveways, entranceways or any other intersections on a public road.
(C) Lighting devices shall be shielded so that they do not create a glare or a nuisance by shining directly into a public street or highway or into an adjoining property. No flashing or rotating flashing illumination of a sign shall be permitted.
(1986 Code, § 260-23) (Ord. —, passed 7-19-1988; Am. Ord. —, passed 10-12-1993)
(A) Security required. Before the Board issues a license for a refuse collection and disposal site to any person, the applicant for the license shall:
(1) File with the Board a bond on the form that the Board provides; or
(2) Deposit with the Board cash, negotiable bonds of the federal government or this state or any other security that the Board approves.
(B) Obligation of security.
(1) The obligation of a bond filed under this section shall be so conditioned as to be void on the closing of the refuse collection and disposal site in a manner that prevents erosion, health and safety hazards, nuisances and pollution.
(2) The Board shall hold the security in trust to assure the closing of the refuse collection and disposal site in a manner that prevents erosion, health and safety hazards, nuisances and pollution.
(C) Bond payable to Board. A bond filed under this section shall be payable to the Board.
(D) Amount of security.
(1) A bond filed under this section shall be in the amount of $5,000 for each acre of land to which the license applies, but not less than $25,000.
(2) Cash deposited under this section shall be not less than the amount specified in division (D)(1) of this section.
(3) The market value of other security deposited under this section shall be not less than the amount specified in division (D)(1) of this section.
(E) Execution of bond. Both the applicant for a license and a corporate surety licensed to do business in this state shall execute any bond filed under this section.
(F) Duration of liability.
(1) Except as provided in division (F)(2) of this section, the term of any bond filed under this section and the time during which cash or other security must remain on deposit under this section is:
(a) The duration of the operation of the refuse collection and disposal site; and
(b) An additional 5 years after the closing of the refuse collection and disposal site.
(2) If the Board has assurances that the refuse collection and disposal site has been closed in a manner that prevents erosion, health and safety hazards, nuisances and pollution, the Board may release the security filed or deposited under this section before the end of the 5-year period specified in division (F)(1) of this section.
(G) Conditions under which security is forfeited; use of bond proceeds or other security.
(1) The obligation of the licensee for a refuse collection and disposal site and of any corporate surety under the bond shall become due and payable and any cash, securities or bond proceeds shall be applied to payment of costs of properly closing a refuse collection and disposal site only if the Board:
(a) Notifies the licensee and any corporate surety on the bond that the refuse collection and disposal site has not been closed in a manner that prevents erosion, health and safety hazards, nuisances and pollution;
(b) Specifies in the notice the deficiencies in the closing that must be corrected;
(c) Gives the licensee and the corporate surety a reasonable opportunity to correct the deficiencies and to close the refuse collection and disposal site in accordance with the Board;
(d) Authorizes the Board to close the refuse collection and disposal site in accordance with the Board regulations.
(2) The Board shall use bond proceeds, cash or the proceeds of other security to pay the cost of properly closing the refuse collection and disposal site.
(1986 Code, § 260-24) (Ord. —, passed 7-19-1988; Am. Ord. —, passed 10-12-1993)
(A) Closing required. When refuse collection and disposal site operations end, the holder of a license issued under this subchapter for a refuse collection and disposal site shall close and cover all of the land for which the license was issued in a manner that prevents:
(1) Erosion;
(2) Health and safety hazards;
(3) Nuisances;
(4) Pollution.
(B) Board regulations. The Board may adopt regulations that set standards for the closing and covering of refuse collection and disposal site systems.
(1986 Code, § 260-25) (Ord. —, passed 7-19-1988; Am. Ord. —, passed 10-12-1993)
(A) Amendments. The Board may from time to time amend, supplement, modify or change this subchapter. When doing so, the Board shall comply with the public notice and hearing requirements of Md. Code, Art. 25, § 3(r).
(B) Enforcement and remedies.
(1) A violation of any section of this subchapter, including the maintenance or operation of any such refuse collection and disposal site without a license, is a misdemeanor, subject, upon conviction, to a fine of not less than $200. Each day on which a violation continues is a separate offense.
(2) If a refuse collection and disposal site is in violation of any provision of this subchapter, the appropriate authorities of Garrett County, in addition to other remedies, may institute an injunction in a court of competent jurisdiction to prevent any illegal act, conduct, business or use in or about such premises. The rights and remedies provided in this subchapter are cumulative and are in addition to all other remedies provided by law.
(1986 Code, § 260-26) (Ord. —, passed 7-19-1988; Am. Ord. —, passed 10-12-1993)
(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99.
(B) (1) It is a misdemeanor for any person, corporation, partnership or any other entity to violate any provision of this chapter and, upon conviction of such violation, the violator shall be punished by a fine of not less than $100 nor more than $1,000.
(2) A violation of any provision of this chapter shall be a civil violation, and any person, corporation, partnership or any other entity violating this chapter shall also be subject to a civil penalty of not less than $75.
(3) The violation of any part of this chapter constitutes a separate and distinct offense independent of the violation of any other part or of any order issued pursuant to this chapter. Each day of violation shall constitute an additional, separate and distinct offense.
(1986 Code, § 260-4) (Ord. —, passed 3-23-1982; Am. Ord. —, passed 2-8-1994)