Sec. 48-17B. Strategic Plan to Advance Composting, Compost Use and Food Waste Diversion in Montgomery County.

   (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.)

Sec. 48-18. Collectors and haulers-Generally.

   It shall be unlawful for any person to operate as a collector or hauler of solid waste within the county except as provided in this chapter. (1981 L.M.C., ch. 37, § 1.)

Sec. 48-19. Licensing of collectors and haulers.

   (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.)

Sec. 48-20. Licensing of collectors and haulers—Registration of vehicles.

   (a)   For each truck or other vehicle used in the collection or transportation of solid waste by a licensee there shall be issued a registration card by the director which shall contain the name of the owner, the description and serial number of the truck or vehicle, and a registration number. The requirements of this section shall apply to vehicles owned and operated by persons under contract with the county to provide similar services to county residents. For each card there shall be furnished a metal solid waste collector's or hauler's tag containing the registration number and the year such tag is valid. Such tags shall be attached to the truck or vehicle in such a manner as to be readily visible and shall not be transferred to another truck without prior written approval by the director.

   (b)   No truck or other vehicle shall be registered until it has been inspected and found to be equipped with a suitable watertight, leakproof, metal body designed for the collection of solid waste and to have a suitable tightly fitting cover of metal or canvas to prevent the blowing of solid waste, which cover shall be in place at all times, except when loading or unloading. The body shall be so mounted on the chassis that when fully loaded, the axle load shall fall within the maximum axle load limit prescribed by law; except that an open metal body truck with a tightly fitting cover of metal or canvas may be used for hauling only building materials, trees or parts of trees, rubble, abandoned vehicles, machinery, appliances, and nonincinerable material; and except that an open flat-body vehicle having a suitable tarpaulin or canvas cover, which shall be in place at all times, except when loading or unloading, may be used for transporting solid waste firmly sealed and secured in cardboard boxes or plastic bags. The body shall be enclosed steel, packer type, watertight, leakproof, readily cleanable and sanitary and so mounted on the chassis so that when fully loaded the axle load shall fall within the maximum axle load limit prescribed by law; provided further, that a licensed collector or hauler may apply for a special license for an open body truck (equipped with a suitable watertight, leakproof, metal body designed for the collection of solid waste and having a suitable tightly fitting cover of metal or canvas to prevent the blowing of solid waste, which cover shall be in place at all times except when loading or unloading), for use only on special routes, designated in the license, on public or private streets, roads or rights-of-way, where the height, weight, length or width of packer-type solid waste collection vehicles makes their use contrary to law, or a danger to public or private property or human life or safety.

   (c)   Each truck or vehicle shall be lettered in letters plainly distinguishable and not less than three (3) inches high, in permanent paint or decals on each of the two (2) sides of the truck or vehicle, which lettering shall include the name of the company or individual by whom the truck or vehicle is owned or operated. On trucks or vehicles operated by licensed collectors, the words "solid waste" and the business telephone number shall also be displayed. Following the effective date of this chapter, licensed collectors shall have until June 1, 1982, to change the word "Refuse" to the words "Solid Waste." A licensee's detachable solid waste containers shall be conspicuously marked with the licensee's name and telephone number.

   (d)   Any truck or vehicle found to be in an unsafe physical, mechanical or sanitary condition shall have its registration suspended; provided, however, that the director may grant one (1) grace period not to exceed fifteen (15) days in which to correct such condition or defect. The director shall reinstate any suspended registration upon satisfactory proof that the aforesaid conditions or defects have been corrected. (1981 L.M.C., ch. 37, § 1.)

Sec. 48-21. General regulations for collectors.

   (a)   Licensees shall operate fully in accordance with the following regulations:

      (1)   Remove all solid waste in containers or bundles in accordance with the approved written statement of service for disposal from every point of pickup and clean up spillage by the collector at pickup points and along the route from the point of pickup to the truck.

      (2)   Maintain regular service in accordance with the written statement of service and provide in writing prior notice of not less than thirty (30) days of their intent to modify or discontinue service for any cause, except for discontinuance for nonpayment of service charges. A copy of such notice shall be provided to the director.

      (3)   Upon commencement of service and no less frequently than annually thereafter, furnish to each customer a copy of the written statement of service which shall include the trade name, principal business address, telephone number and regular office hours of the collector, regular collection schedule, weather conditions and holidays for which service shall be suspended and the collection schedule thereafter, the type and quantity of solid waste to be collected, frequency of special collection, packaging or bundling requirements, type of solid wastes not included in the service to be provided, type and size of solid waste containers, point of collection, a simple mathematical formula which customers may use to compute deductions from service bills for unprovided service exclusive of service suspensions due to severely inclement weather as determined by the director and holidays, and any other provision needed to establish a clear understanding of the respective responsibilities of the collector and the customer. Upon application for a collector's license or when requested by the director, the statement of service shall be submitted to the director, who shall approve it if it complies with the standards and objectives of this chapter to disapprove it; and if he disapproves, he shall state his reasons therefor in writing. If disapproved, the licensee or applicant shall revise and resubmit the statement of service until approved by the director. Unapproved statements of service shall not be distributed to a collector's customers.

      (4)   Provide alternate service within twenty-four (24) hours in the event of mishap or breakdown of regular equipment or if collection service is missed for any reason, except that alternate service for collection missed on Saturday shall be provided within forty-eight (48) hours.

   (b)   Licensees and their employees shall not collect solid wastes in Montgomery County prior to 7:00 a.m. (9:00 a.m. on federal holidays and Sundays) nor collect solid wastes after 9:00 p.m. on any weekday (Monday through Sunday, including federal holidays); except that collections may be made at any time from business establishments such as commercial, industrial, institutional or other nonresidential use structures provided that there is no residential structure(s) within five hundred (500) feet of the solid wastes collection point. The director may waive these provisions in the event of a civil emergency for a period of seventy-two (72) hours or less.

   (c)   The licensee must disclose on each invoice or other request for payment any pass- through to the customer of a charge paid for use of any solid waste acceptance facility and any pass-through of a systems benefit charge. Each charge must be stated on a per-ton basis. Each invoice or other request for payment must separately identify any collection charge or systems benefit charge. (1981 L.M.C., ch. 37, § 1; 1992 L.M.C., ch. 39, § 1.)

Sec. 48-22. Permit required to haul garbage, etc., from outside state into county; exceptions; penalty.

   It shall be unlawful for any person to haul or otherwise transport any garbage, trash, junk or other refuse from without the state into the county for the purpose of feeding, dumping, incinerating or other final disposition within the confines of the county unless such person shall have obtained a permit therefor from the county; provided, that nothing in this section shall prohibit the transportation into the county from without the state of fertilizer or stable manure for agricultural purposes or of ashes, cinders, scrap metal or other similar materials for road building, industrial or manufacturing purposes. Any violation of this section shall be punished as a class C violation as set forth in section 1-19 of chapter 1 of the County Code. (1981 L.M.C., ch. 37, § 1; 1983 L.M.C., ch. 22, § 53.)

Sec. 48-23. Leaving collection, hauling, etc., vehicle unattended; penalty.

   It shall be unlawful for any person to park or otherwise leave unattended upon any public street or thoroughfare within the county any vehicle, motor or otherwise, used for the hauling or transporting of any solid waste for any period of time in excess of that which is necessary in the loading or unloading of such vehicle. Any violation of this section shall be punished as a class B violation as set forth in section 1-19 of chapter 1 of the County Code. (1981 L.M.C., ch. 37, § 1; 1983 L.M.C., ch. 22, § 53.)

Sec. 48-24. Storage and removal.

   (a)   Storage generally. It shall be unlawful for any person to store any solid waste within the county, except as provided in this chapter and any executive regulations promulgated pursuant thereto. The provisions of this section shall apply to any land or premises where solid waste accumulates or is produced, be it residential, commercial or industrial, including vacant property.

   (b)   Responsibility of owners and occupants.

      (1)   It shall be the responsibility of the occupant to provide a sufficient number of approved containers for storage of solid waste to prevent overflow between times of collection in single-family and duplex residential dwellings and to maintain the premises in accordance with the standards of this chapter; and it shall be unlawful for the owner or occupant of such private property within the limits of the county to permit the accumulation of solid waste or to permit any part thereof to be carried or deposited by the elements upon any street, sidewalk or other public place or upon any other private property. "Accumulate" shall mean to exist outside of an approved container for a period of time in excess of thirty (30) days. At such time as the county executive shall determine that the county possesses the capability for the separate collection and disposal of newspapers, magazines, cardboard, wastepapers, glass, aluminum cans and other recyclable materials, these items shall be stored in such a manner that these kinds of solid waste materials can be collected and disposed of separate and apart from other types of solid waste.

      (2)   It shall be the responsibility of the owner and/or resident manager and not the occupants of multifamily residential dwellings to provide a sufficient number of approved containers for the storage of solid waste to prevent overflow between times of collection and to maintain the premises in accordance with the standards of this chapter; and it shall be unlawful for the owner, resident manager or occupant of such private property within the limits of the county to permit the accumulation of solid waste upon such property or to permit any part thereof to be carried or deposited by the elements upon any street, sidewalk or other public place or upon any other private property. "Accumulate" shall mean to exist outside of approved containers for a period of time in excess of five (5) days. At such time as the county executive shall determine that the county possesses the capability for the separate collection and disposal of newspapers, magazines, cardboard, wastepapers, glass, aluminum cans and other recyclable materials, these items shall be stored in such a manner that these kinds of solid waste materials can be collected and disposed of separate and apart from other types of solid waste.

      (3)   Each owner and occupant of commercial and industrial land or buildings must provide a sufficient number of approved containers for storage of solid waste to prevent overflow between collections and to maintain the premises as required in this Chapter. An owner or occupant of commercial or industrial property must not let solid waste accumulate on the property or be carried or deposited by the elements on any other public or private property. Each owner and all occupants of any shopping center and commercial establishment must install and maintain trash receptacles on the edge of each pedestrian walkway. The receptacles must be of a type and size and placed at a location approved by the Director and clearly designated as receptacles of solid waste. When the County Executive decides that the County will separately collect newspapers, magazines, cardboard, wastepaper, glass, aluminum cans, and other recyclable materials from commercial establishments, these items must be stored separately from other solid waste.

      (4)   The owner and occupant of commercial or industrial property must screen from view at street level any solid waste container or solid waste storage area on the property if the container or storage area can be seen from the street level of any residential property. The owner of multifamily residential property must screen from view at street level any solid waste container or solid waste storage area on the property if the container or storage area can be seen from the street level of any residential unit on the property or the street level of any other residential property. This paragraph does not apply to temporary solid waste containers at construction sites.

      (5)   It shall be the responsibility of the owner of vacant land to keep his property free of solid waste.

      (6)   Deficiencies observed in violation of the standards of this Chapter shall constitute prima facie evidence that the required maintenance is not adequate. The Director may remove or cause removal of solid waste material upon written notice to the owner, occupant, lessee or agent at his last-known address; and the cost of removal shall be a debt due the County and shall be collected as are other debts.

   (c)   Container standards. All containers for the storage of solid waste, except bins for the storage of bulky rubbish, shall be vermin-proof and waterproof, of noncorrodible metal or similar material, and shall be equipped with tight-fitting lids at all times. Containers recessed into the ground shall be permitted only if they are of such construction that they do not permit the entrance of waste material or water seepage into the nonremovable parts. Slant-sided refuse containers, as defined in this Chapter, which will tip over when empty and subjected to a horizontal force of 70 pounds when applied at a point and in a direction likely to cause tipping and a vertically downward force of 191 pounds applied to a point likely to cause tipping, are not allowed to be used in the County because of risk of tipover.

   (d)   Maintenance standards.

      (1)   All containers or local disposal systems shall be accessible to the users at all times.

      (2)   Solid waste bins, as constructed under the terms of the Fire Safety Code and Building Code, shall not be used for the storage of garbage.

      (3)   Doors to solid waste storage rooms, chute doors, lids to hoist containers and lids to all other solid waste containers shall be in place and shall be kept closed when not in actual use.

      (4)   Containers and storage area surfaces shall be washed periodically so that no encrusted waste material is evident upon inspection.

      (5)   Interior storage rooms, unloading platforms or aprons, and other solid waste storage areas of buildings shall be kept clean, free of litter and solid waste overflow, free of vermin, and well ventilated.

      (6)   The presence of solid waste in place other than inside proper containers of disposal devices, the presence of sour odors and the presence of insects, rodents or other vermin, or evidence of their presence shall constitute improper maintenance or lack of maintenance and the need for more frequent removal. The Director may remove such solid waste upon written notice to the owner, occupant, lessee or agent at his last-known address; and the cost of removal shall be a debt due the County and shall be collected as are other debts.

   (e)   Removal schedule.

      (1)   The frequency of collection of garbage shall be at least once a week or of such greater frequency as is necessary to keep all solid waste in the proper containers without producing overflow or objectionable odors.

      (2)   Highly putrescible waste, such as seafood waste, shall be removed from commercial premises daily, unless the waste is immediately ground into the sewer system or is stored in refrigerated storage. In the latter case, the schedule under paragraph (1) of this subsection shall apply. The existence of objectionable odors at the nearest adjoining premises shall be evidence of insufficient removal frequency.

      (3)   Medical or pathological wastes shall not be put out for collection but shall be destroyed by proper incineration on the premises or shall be taken to a solid waste acceptance facility approved for these types of materials. (1981 L.M.C., ch. 37, § 1; 1990 L.M.C., ch. 2, § 1; 1995 L.M.C., ch. 18, § 1.)

Sec. 48-24A. Storage of vehicles.

   (a)   In this section, “unused vehicle:”

      (1)   Means a vehicle that is:

         (A)   Inoperable or not currently registered by a government agency; and

         (B)   Not subject to section 48-24;

      (2)   Includes trailers; and

      (3)   Does not include farm tractors or any farm equipment such as automobiles and trucks that are:

         (A)   Kept on properties consisting of 2 or more acres on which crops are being grown and harvested; and

         (B)   Used for the purpose of growing and harvesting crops.

   (b)   A person must not store an unused vehicle on residential property in violation of Section 26-9(a)(13). (1986 L.M.C., ch. 2, § 1; 1986 L.M.C., ch. 43, § 1; 2009 L.M.C., ch. 25, § 1.)