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(a) Legislative findings. The County Council finds that:
(1) the County’s general goal of solid waste management establishes waste reduction as the most preferred management technique, followed by reuse, composting and recycling, then incineration with energy recovery, and, least preferred, landfilling;
(2) food waste represents a significant percentage of the County’s solid waste stream;
(3) educating food producers can reduce the generation of excess food that would enter the solid waste stream;
(4) giving food that would otherwise be wasted to organizations that serve people in need is a means to reuse excess food;
(5) composting, a means promoting the biological decomposition of organic material such as food waste into a stable, humus-like product, is a first step in the recycling of food waste;
(6) the use of compost has been demonstrated to benefit soil health by:
(A) suppressing plant diseases and pests;
(B) reducing or eliminating the need for chemical fertilizers;
(C) promoting higher yields of agricultural crops; and
(D) improving soil structure;
(7) compost use is a valuable tool in stormwater management that can lower runoff volume due to improved water holding capacity, healthy vegetation/biomass, and increased infiltration; and
(8) reducing excess food generation, reusing food that would otherwise be wasted, and increasing the amount of food and other compostable waste that is composted will help the County meet its goal of recycling 70% of the solid waste stream generated in the County.
(b) Strategic Plan required. The Director must develop a Strategic Plan to Advance Composting, Compost Use and Food Waste Diversion in Montgomery County by January 1, 2018. The Strategic Plan must identify:
(1) legislative changes, including but not limited to amendments to this Chapter, necessary to reduce food waste and promote composting;
(2) County policies and initiatives to reduce food waste and promote and support composting in the county;
(3) models and best practices used by other jurisdictions;
(4) metrics for assessing and increasing food waste diversion, composting, and compost use;
(5) goals for achieving certain levels of food waste diversion and dates for achieving those goals;
(6) challenges to achieving the goals and means of overcoming these challenges;
(7) potential sites for food waste composting operations;
(8) environmental and public health benefits of composting and food waste diversion; and
(9) cost estimates and potential economic and environmental benefits of implementing the Strategic Plan.
(c) Considerations. The Strategic Plan must consider the following areas in its legislative, policy, metrics, and cost recommendations:
(1) home composting;
(2) community-scale composting;
(3) on-site institutional and commercial composting;
(4) on-farm composting;
(5) small-scale commercial composting facilities;
(6) support for existing and new composting businesses in the form of grants, loans, and land;
(7) models and best practices, including methods and materials, used by other jurisdictions;
(8) use of incentives to encourage private food waste diversion and composting;
(9) diversion and composting of non-food waste compostables;
(10) local use of compost to support soil health and the County stormwater management program;
(11) education and outreach to reduce food waste and promote composting; and
(12) strategies for maximizing the volume of compostables collected in a curbside collection program.
(d) Consultation with stakeholders. In developing the Strategic Plan, the Director must consult with:
(1) the County Division of Solid Waste Services;
(2) the County Department of Permitting Services, including the Land Development and Zoning and Site Plan Enforcement Divisions;
(3) the County Department of Health and Human Services;
(4) the County Department of General Services;
(5) Montgomery County Public Schools;
(6) the County Planning Department;
(7) the County Parks Department;
(8) the County Office of Agriculture;
(9) the County Revenue Authority;
(10) the Montgomery County Food Council;
(11) the Montgomery Countryside Alliance;
(12) the County Solid Waste Advisory Committee;
(13) the University of Maryland Extension;
(14) Community Food Rescue;
(15) the Maryland Horse Council;
(16) the governing bodies of all County municipalities; and
(17) organizations and individuals in the County involved in compost production and use and food waste diversion.
(e) Annual report. By July 1 each year, the Director must submit a report to the County Executive and County Council. The annual report must:
(1) update the food waste diversion metrics; and
(2) document the progress towards achieving the goals of the Strategic Plan. (2016 L.M.C., ch. 33, § 1; 2017 L.M.C., ch. 12, §1.)
(a) Required; application.
(1) Solid waste must not be collected or transported in the County except by a licensed collector or hauler.
(2) However, this Section does not prohibit:
(A) a person from transporting the person's own solid waste to an approved solid waste acceptance facility in a closed-body vehicle or a vehicle covered by a tarpaulin or canvas tightly fastened in a manner that will prevent the loss of any material being transported; or
(B) a licensed collector or hauler from transporting solid waste firmly sealed and secured in cardboard boxes or plastic bags to an approved solid waste acceptance facility in an open, flat-body vehicle covered by a tarpaulin or canvas which is tightly fastened in a manner that will prevent the loss of any material being transported.
(3) A person must not engage in the business of collecting or transporting solid waste in the County without first obtaining a license from the Director. A licensed collector or hauler must apply for renewal of the license by the last day of the month before the existing license expires, on forms furnished by the Director and must supply all information the Director requires. Any person who does not already have a valid collector's or hauler's license may apply for one at any time.
(b) Conditions for issuance of a collector's license. No collector's license shall be issued unless and until the applicant complies with the following conditions:
(1) Office, etc. Maintain an office in the County for the transaction of business, such business to include but not be limited to the receipt of complaints, the payment of bills, the maintenance of records and the answering of inquiries. Such office shall be staffed during normal business hours with an authorized agent of the applicant, registered with the Director, serviced by a business telephone and listed in a telephone directory by trade name. If the Director finds that the licensee has his principal business office outside of the County but within the metropolitan area, duplicate records need not be maintained in his County office; provided, that such records shall be made available to the Director in the County upon demand within 24 hours, or sooner if required. Any change of address, telephone number or authorized agent shall be reported immediately to the Director.
(2) Performance Bond.
a. Furnish the Director with a cash bond or corporate bond in a form satisfactory to him and approved by the County Attorney conditioned upon the faithful performance and maintenance of the conditions for issuance of the license set forth in this Chapter, in the amount of $500 for each regularly used collection vehicle excluding backup or standby vehicles; provided however, that no more than a ten-thousand-dollar total bond shall be required.
b. A corporate bond shall be maintained and renewed annually and shall be executed by a surety or guaranty company qualified to transact business in this State and that the attorney-in-fact for said company be registered with the Clerk of the Montgomery County Circuit Court; however, such corporate bond may provide in its terms that it may be canceled upon 60 days' written notice by the surety to a licensee and to the Director. In such event, the licensee shall furnish the Director with a bond as required above within 30 days of such cancellation notice. A cash bond shall be deposited with the Director of Finance, who shall give his receipt therefor, reciting that the cash bond has been deposited with the County subject to the provisions of this Section. The bond shall obligate the principal, his executors, administrators, successors and assigns, jointly and severally with the surety and shall inure to the benefit of the County, its officers, employees and to anyone who is personally aggrieved by the principal's failure to comply with the conditions thereof. Whenever the Director shall find that a default has occurred in the performance of any term or condition of the bond, oral notice by telephone shall be given to the principal to be followed by written notice confirming such oral notice. Such notices shall state the work to be done and specify that it is to be completed within 24 hours. In the event that such work is not completed within 24 hours, the Director in his discretion may cause the work to be done by contract or otherwise. The Director shall cause the principal to be charged for the cost of the work and shall send a bill. In the event that the principal fails to pay the bill within 15 days after receipt thereof, written notice of nonpayment shall be given to the principal and to the surety of the bond. Such notice shall state the work done and the cost thereof. After receipt of such notice the surety shall pay to the Director the cost of doing the work as set forth in the notice but not to exceed the principal sum of the bond. If a cash bond has been posted, notice of default as provided above shall be given the principal; and if payment is not made within 15 days the Director shall proceed without delay and without further notice or proceedings whatsoever to use the cash deposited or any portion of such deposit.
(3) Maintain and keep at all times, including 30 days after all business is discontinued in the County, a list of names and addresses of all customers receiving service within the County. Such lists shall be subject to inspection by the Director at any reasonable time. The list or a true copy thereof shall be furnished to the Director immediately upon demand in the event of discontinuance of service to 5 or more customers during any seven-day period. A refusal to furnish such list to the Director shall be deemed to be a violation of the provisions of this Chapter.
(c) Waiver authority. The Director shall have the authority to grant waivers of the conditions specified for granting a collector's or hauler's license upon a finding that the applicant is engaged exclusively in the collecting and transporting of solid waste, excluding garbage, as defined in this Chapter.
(d) Application information. No hauler's license shall be issued unless and until the applicant provides the Director with the following information:
(1) Applicant's name and address and, if incorporated, names and addresses of officers and resident agent.
(2) A statement describing the content and approximate weight of the solid waste to be hauled, with particular reference to the amount of garbage and other putrescible matter contained therein, designation of normal time intervals for such collecting and hauling, and a geographic description of the points where such materials are generated and collected for hauling. (1981 L.M.C., ch. 37, § 1; 1995 L.M.C., ch. 18, § 1.)
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