(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.)