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This chapter does not apply:
(a) To solid waste collected on federal reservations and not disposed of in the county.
(b) To the facilities of the Washington Suburban Sanitary Commission. (1981 L.M.C., ch. 37, § 1; 1985 L.M.C., ch. 31, § 28.)
Cross reference-Applicability of County legislation within municipal corporations, § 2-96.
(a) The Director of Environmental Protection must administer this Chapter.
(b) The Director may waive any requirement of this Chapter when:
(1) practical difficulties, undue hardships or other good cause prevents any person from carrying out this Chapter; and
(2) the waiver is not contrary to the spirit and intent of this Chapter and other applicable law, and does not materially impair the public welfare and safety.
(c) Any aggrieved party may appeal the grant or denial of a waiver to the County Board of Appeals under Section 48-28.(1981 L.M.C., ch. 37, § 1; 1995 L.M.C., ch. 18, § 1; 1996 L.M.C., ch. 4, § 1; 2008 L.M.C., ch. 5, § 1.)
Editor's note—2008 L.M.C., ch. 5, § 3, states: Sec. 3. Any regulation in effect when this Act takes effect that implements a function transferred to another Department or Office under Section 1 of this Act continues in effect, but any reference in any regulation to the Department from which the function was transferred must be treated as referring to the Department to which the function is transferred. The transfer of a function under this Act does not affect any right of a party to any legal proceeding begun before this Act took effect.
1995 L.M.C., ch. 18, §§ 2 and 3, state:
Sec. 2. All duties and authority involving solid waste assigned by the County's Comprehensive Solid Waste Management Plan to the Department of Environmental Protection and the Director of that Department are reassigned to the Department of Transportation and the Director of that Department respectively. Any reference in that Plan to the Department of Environmental Protection and the Director of that Department must be treated as referring to the Department of Transportation and the Director of that Department respectively.
Sec. 3. Any regulation in effect on July 1, 1995, which implements a function transferred to the Department of Transportation under Chapter 48, as amended by Section 1 of 1995 LMC Ch. 17 continues in effect, but any reference in that regulation to the Department of Environmental Protection must be treated as referring to the Department of Transportation. The transfer of a function under 1995 LMC Ch. 17 does not affect the rights of a party to any legal proceeding begun before 1995 LMC Ch. 17 took effect.
A person must not engage in the business of collecting or disposing of solid waste in the county unless that person obtains a permit from the county for collection and a permit from the Maryland Department of the Environment for disposal. (1981 L.M.C., ch. 37, § 1; 1984 L.M.C., ch. 31, § 28; 1992 L.M.C., ch. 39, § 1.)
Cross reference-Applicability of County legislation within municipal corporations, § 2-96.
Collection or disposal of solid waste shall be in accordance with such regulations, which may include the imposition of reasonable fees to cover the cost of inspection and licensing, as the county executive shall, from time to time, adopt under method (2) of section 2A-15 of this Code; provided, that no incorporated town or special taxing area shall be required to pay any fees for inspection and licensing. (1981 L.M.C., ch. 37, § 1; 1984 L.M.C., ch. 24, § 47.)
(a) The county may:
(1) Establish and maintain such service districts and solid waste disposal or acceptance facilities as are necessary or desirable for the management of solid waste and fix charges for such services. The county may establish and administer special service charge areas, known as the solid waste collection districts and a solid waste management district. All service charges imposed on property within the solid waste collection districts and the solid waste management district may be collected as taxes on real property are collected. Upon default in the payment of any service charge, the property against which such service charge has been made may be sold at tax sale in the same manner as real property is sold for nonpayment of taxes.
(2) License or contract with a contractor to collect and dispose of solid waste under such regulations as to charges and methods as it deems advisable.
(3) Contract for the construction or operation or both of solid waste acceptance facilities, to be paid for from charges or otherwise, and to become the property of the county after such period and upon such terms as it may prescribe.
(b) Where the county or its collection contractor is providing solid waste collection service in any area of the county, no other collector shall collect recyclable solid waste which has been put out to be collected by the county or its contractor. (1981 L.M.C., ch. 37, § 1; 1992 L.M.C., ch. 39, § 1.)
(a) Establishment of district. A solid waste management district is hereby established. The County must provide base and incremental solid waste management services in the solid waste management district. The County may charge for the services by collecting a systems benefit charge or a solid waste charge, or both. The solid waste charge may be collected at a County solid waste acceptance facility. The systems benefit charge may be collected as provided in this Section.
(b) Systems benefit charge imposed.
(1) General. The systems benefit charge must reflect as closely as possible the actual cost, or an allocable portion of the cost, to the County of providing base and incremental solid waste management services. The Council must annually by resolution set the rates for the residential and nonresidential systems benefit charges under Section 48-31. The Council may modify the rates by resolution when necessary to assure the solvency of the integrated solid waste management system. The charge may include all or part of:
(A) any costs of services provided on a one-time basis or an ongoing basis, and
(B) ongoing costs of services provided to the County before December 1, 1992.
(2) Residential systems benefit charges.
(A) Base charge. The owner of each dwelling unit in the solid waste management district must be charged a base systems benefit charge. The base systems benefit charge must be calculated by multiplying the amount of solid waste estimated to be generated annually at a dwelling unit by the base systems benefit charge rate. The County Executive must establish by regulation the estimate of amount of solid waste generated per dwelling unit. The estimate may consider the size of the dwelling unit.
(B) Incremental charge. The owner of each dwelling unit in the solid waste management district may be charged an incremental systems benefit charge, which must reflect incremental solid waste management services provided to a dwelling unit or class of dwelling units. The incremental systems benefit charge must be calculated by multiplying the amount of solid waste estimated to be generated annually at a dwelling unit by the incremental systems benefit charge rate.
(C) Collection. The Director of Finance may collect the residential systems benefit charge in the manner in which taxes on real property are collected. If the residential systems benefit charge or any portion of it is not paid when due, the property for which the charge has been made may be sold at tax sale in the same manner as real property is sold for nonpayment of taxes. The County may also bring suit against the property owner for any unpaid residential systems benefit charge.
(D) Variable rate systems benefit charge. The residential systems benefit charge may, in whole or in part, be structured as a variable rate charge. The County Executive may by regulation under method 2 adopt a means of calculating and collecting a partial or total variable rate systems benefit charge. The regulation may require that:
(i) only properly identified solid waste bags may be accepted at County solid waste acceptance facilities; or
(ii) bags or identification tags must be purchased from the County.
(E) Waiver. An owner of a multifamily dwelling with 7 or more dwelling units may be granted a waiver of the residential systems benefit charge if the owner has paid the applicable nonresidential systems benefit charge. A request for a waiver must be sent to the Director by registered or certified mail, return receipt requested. A waiver is only valid during the period for which the nonresidential charge has been paid. Waivers must be prorated. The Director's decision may be appealed only to the Circuit Court under the rules for appeals of agency decisions.
(3) Nonresidential systems benefit charge.
(A) Charge. Each owner of a dumpster used in the County must register the dumpster under this Section and must, at the time of registration, pay a systems benefit charge. The systems benefit charge must be calculated by multiplying both the base systems benefit charge rate and the incremental systems benefit charge rate, if applicable, by the weight capacity of the dumpster and then adding the 2 products together. The County Executive must establish by regulation a method of calculating the weight capacity of a dumpster from its volume capacity.
(B) Registration. The owner of any dumpster used in the County must register the dumpster with the Department annually in accordance with regulations adopted under Method 2. Each dumpster must be watertight and leakproof and must display a current registration medallion at all times. Each dumpster must display the name of the owner of the dumpster, in lettering that is not less than 3 inches high, in permanent paint or decals on one side of the dumpster which is exposed to public view. A generator must not use a dumpster which has not been registered under this Section or which does not display a current registration medallion.
(C) Violations. The owner of a dumpster that is not properly registered and any generator who uses a dumpster that is not properly registered are jointly and severally liable to the County for payment of any unpaid nonresidential systems benefit charges. Failure to register a dumpster, display the name of the owner or a current registration medallion, or pay a nonresidential systems benefit charge is a class A violation.
(D) Payment. Any person may pay the nonresidential systems benefit charge in quarterly installments. The first installment must be paid when the dumpster is registered. The balance must be paid in 3 equal installments by the first day of the third, sixth, and ninth months after the dumpster is registered. If a dumpster is removed from service in the County and the owner surrenders its current registration, the owner need not pay any remaining balance of the charge.
(E) Alternatives. As an alternative to a nonresidential systems benefit charge based on dumpster capacity, as provided in subparagraphs (A)-(D), the County Executive may, by regulation adopted under method (2), establish and collect from any generator and any person who collects, stores, transports, or otherwise handles solid waste a nonresidential systems benefit charge that is based on another reasonable measurement of need for and use of solid waste management services. A reasonable unit of measurement under this subparagraph may include one or more of the following:
(i) the gross floor area of a nonresidential building;
(ii) the number of employees located at a nonresidential building or group of buildings, or the average number of customers, patients, or visitors at a building or group of buildings;
(iii) reasonable estimates of the amount of solid waste produced annually at buildings of a similar type or similar land uses. (1992 L.M.C., ch. 39, § 1; 1995 L.M.C., ch. 18, § 1.)
It shall be unlawful for any person to establish, operate or maintain a solid waste acceptance facility within the county, or to permit an accumulation of solid waste to remain on his property, except as provided in this chapter.
Any method of solid waste disposal not covered by this chapter nor specifically prohibited by it shall be utilized only after review and specific written approval by the director in each case. (1981 L.M.C., ch. 37, § 1.)
It shall be unlawful for any person to dispose of, dump, deposit or leave any solid waste within the county, on public or private property, except at a solid waste acceptance facility approved under this chapter, provided that, with the written permission of the owner, clean fill may be deposited upon private property. (1981 L.M.C., ch. 37, § 1; 1985 L.M.C., ch. 31, § 28.)
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