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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.)
(a) Prohibited conduct. A person must not:
(1) dispose of garbage or other solid waste on a highway or violate State vehicle laws regarding disposal of litter, glass, and other prohibited substances on highways; or
(2) dispose of, or cause or allow the disposal of, garbage or other solid waste on public or private property unless:
(i) the property is designated by the State, a unit of the State, or a political subdivision of the State for the disposal of garbage or other solid waste and the person is authorized by the proper public authority to use the property; or
(ii) the garbage or other solid waste is placed into a garbage or solid waste receptacle or container on the property.
(b) Presumption of responsibility.
(1) If two or more individuals occupy a vehicle from which garbage or other solid waste is disposed in violation of subsection (a), and it cannot be determined which occupant is the violator:
(A) if present the owner of the vehicle is presumed to be responsible for the violation; or
(B) if the owner of the vehicle is not present, the operator is presumed to be responsible for the violation.
(2) If the occupants of a vehicle from which garbage or other solid waste is disposed in violation of subsection cannot be determined, the owner of the vehicle is presumed to be responsible for the violation.
(c) Property owner not in court. Notwithstanding any other law, if the facts of a case in which a person is charged with violating this Section are sufficient to prove that the person is responsible for the violation, the owner of the property on which the violation allegedly occurred need not be present at a court proceeding regarding the case.
(d) Penalty. A person who violates this Section is subject to the following penalties:
(1) a maximum civil fine of $500 for a first offense, and $1,000 for subsequent offenses; or
(2) a criminal penalty as follows:
(A) A person who disposes of garbage or other solid waste in violation of this Section in an amount not exceeding 100 pounds or 27 cubic feet and not for commercial gain is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 30 days or a fine not exceeding $1,500 or both.
(B) A person who disposes of garbage or other solid waste in violation of this Section in an amount exceeding 100 pounds or 27 cubic feet, but not exceeding 500 pounds or 216 cubic feet, and not for commercial gain is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding one year or a fine not exceeding $12,500 or both.
(C) A person who disposes of garbage or other solid waste in violation of this Section in an amount exceeding 500 pounds or 216 cubic feet or in any amount for commercial gain is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding five years or a fine not exceeding $30,000 or both.
(3) In addition to the penalties provided under paragraphs (1) and (2) of this subsection, a court may order the violator to:
(A) remove the garbage or other solid waste disposed of in violation of this Section;
(B) repair or restore any property damaged by, or pay damages for, the disposal of the garbage or other solid waste in violation of this Section;
(C) perform public service relating to the removal of garbage or other solid waste disposed of in violation of this Section or to the restoration of an area polluted by garbage or other solid waste disposed of in violation of this Section; or
(D) reimburse the State, the County, or a municipal corporation or bi-county unit for its costs incurred in removing the garbage or other solid waste disposed of in violation of this Section.
(e) Nothing in this Section authorizes a person to deposit or dispose of garbage or other solid waste in another’s container without written consent or personal direction required under Section 48-11A. (1981 L.M.C., ch. 37, § 1; 1983 L.M.C., ch. 22, § 53; 2016 L.M.C., ch. 6, § 1.)
Editor’s note—See County Attorney Opinion dated 5/2/90 explaining that a blanket prohibition on the deposit of publications on private property may violate the freedom of the press and speech. [attachments]
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