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COMCOR - Code of Montgomery County Regulations
COMCOR Code of Montgomery County Regulations
FORWARD
CHAPTER 1. GENERAL PROVISIONS - REGULATIONS
CHAPTER 1A. STRUCTURE OF COUNTY GOVERNMENT - REGULATIONS
CHAPTER 2. ADMINISTRATION - REGULATIONS
CHAPTER 2B. AGRICULTURAL LAND PRESERVATION - REGULATIONS
CHAPTER 3. AIR QUALITY CONTROL - REGULATIONS
CHAPTER 3A. ALARMS - REGULATIONS
CHAPTER 5. ANIMAL CONTROL - REGULATIONS
CHAPTER 8. BUILDINGS - REGULATIONS
CHAPTER 8A. CABLE COMMUNICATIONS - REGULATIONS
CHAPTER 10B. COMMON OWNERSHIP COMMUNITIES - REGULATIONS
CHAPTER 11. CONSUMER PROTECTION - REGULATIONS
CHAPTER 11A. CONDOMINIUMS - REGULATIONS
CHAPTER 11B. CONTRACTS AND PROCUREMENT - REGULATIONS
CHAPTER 13. DETENTION CENTERS AND REHABILITATION FACILITIES - REGULATIONS
CHAPTER 15. EATING AND DRINKING ESTABLISHMENTS - REGULATIONS
CHAPTER 16. ELECTIONS - REGULATIONS
CHAPTER 17. ELECTRICITY - REGULATIONS
CHAPTER 18A. ENERGY POLICY - REGULATIONS
CHAPTER 19. EROSION, SEDIMENT CONTROL AND STORMWATER MANAGEMENT - REGULATIONS
CHAPTER 19A. ETHICS - REGULATIONS
CHAPTER 20 FINANCE - REGULATIONS
CHAPTER 21 FIRE AND RESCUE SERVICES - REGULATIONS
CHAPTER 22. FIRE SAFETY CODE - REGULATIONS
CHAPTER 22A. FOREST CONSERVATION - TREES - REGULATIONS
CHAPTER 23A. GROUP HOMES - REGULATIONS
CHAPTER 24. HEALTH AND SANITATION - REGULATIONS
CHAPTER 24A. HISTORIC RESOURCES PRESERVATION - REGULATIONS
CHAPTER 24B. HOMEOWNERS’ ASSOCIATIONS - REGULATIONS
CHAPTER 25. HOSPITALS, SANITARIUMS, NURSING AND CARE HOMES - REGULATIONS
CHAPTER 25A. HOUSING, MODERATELY PRICED - REGULATIONS
CHAPTER 25B. HOUSING POLICY - REGULATIONS
CHAPTER 26. HOUSING AND BUILDING MAINTENANCE STANDARDS - REGULATIONS
CHAPTER 27. HUMAN RIGHTS AND CIVIL LIBERTIES - REGULATIONS
CHAPTER 27A. INDIVIDUAL WATER SUPPLY AND SEWAGE DISPOSAL FACILITIES - REGULATIONS
CHAPTER 29. LANDLORD-TENANT RELATIONS - REGULATIONS
CHAPTER 30. LICENSING AND REGULATIONS GENERALLY - REGULATIONS
CHAPTER 30C. MOTOR VEHICLE TOWING AND IMMOBILIZATION ON PRIVATE PROPERTY - REGULATIONS
CHAPTER 31. MOTOR VEHICLES AND TRAFFIC - REGULATIONS
CHAPTER 31A. MOTOR VEHICLE REPAIR AND TOWING REGISTRATION - REGULATIONS
CHAPTER 31B. NOISE CONTROL - REGULATIONS
CHAPTER 31C. NEW HOME BUILDER AND SELLER REGISTRATION AND WARRANTY - REGULATIONS
CHAPTER 33. PERSONNEL AND HUMAN RESOURCES - REGULATIONS
CHAPTER 33B. PESTICIDES - REGULATIONS
CHAPTER 35. POLICE - REGULATIONS
CHAPTER 36. POND SAFETY - REGULATIONS
CHAPTER 38A. RADIO, TELEVISION AND ELECTRICAL APPLIANCE INSTALLATION AND REPAIRS - REGULATIONS
CHAPTER 40. REAL PROPERTY - REGULATIONS
CHAPTER 41. RECREATION AND RECREATION FACILITIES - REGULATIONS
CHAPTER 41A. RENTAL ASSISTANCE - REGULATIONS
CHAPTER 42A. RIDESHARING AND TRANSPORTATION MANAGEMENT - REGULATIONS
CHAPTER 44. SCHOOLS AND CAMPS - REGULATIONS
CHAPTER 44A. SECONDHAND PERSONAL PROPERTY - REGULATIONS
CHAPTER 45. SEWERS, SEWAGE DISPOSAL AND DRAINAGE - REGULATIONS
CHAPTER 47. VENDORS - REGULATIONS
CHAPTER 48. SOLID WASTES - REGULATIONS
CHAPTER 49. STREETS AND ROADS - REGULATIONS
CHAPTER 50. SUBDIVISION OF LAND - REGULATIONS
CHAPTER 51 SWIMMING POOLS - REGULATIONS
CHAPTER 51A. TANNING FACILITIES - REGULATIONS
CHAPTER 52. TAXATION - REGULATIONS
CHAPTER 53. TAXICABS - REGULATIONS
CHAPTER 53A. TENANT DISPLACEMENT - REGULATIONS
CHAPTER 54. TRANSIENT LODGING FACILITIES - REGULATIONS
CHAPTER 55. TREE CANOPY - REGULATIONS
CHAPTER 56. URBAN RENEWAL AND COMMUNITY DEVELOPMENT - REGULATIONS
CHAPTER 56A. VIDEO GAMES - REGULATIONS
CHAPTER 57. WEAPONS - REGULATIONS
CHAPTER 59. ZONING - REGULATIONS
CHAPTER 60. SILVER SPRING, BETHESDA, WHEATON AND MONTGOMERY HILLS PARKING LOT DISTRICTS - REGULATIONS
MISCELLANEOUS MONTGOMERY COUNTY REGULATIONS
TABLE 1 Previous COMCOR Number to Current COMCOR Number
TABLE 2 Executive Regulation Number to Current COMCOR Number
TABLE 3 Executive Order Number to Current COMCOR Number
INDEX BY AGENCY
INDEX BY SUBJECT
County Attorney Opinions and Advice of Counsel
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Article IV. Solid Waste Fund.
Sec. 48-43. Established; purpose; operation and maintenance.
   (a)   There is hereby established a separate solid waste fund, which must be used to fund expenditures for the collection of solid waste in the solid waste collection district established under section 48-29 and for the provision of base and incremental solid waste management services countywide. Such subsidiary funds as are necessary for segregation of costs and revenues of separable elements of the program must be established in the solid waste fund. Such subsidiary funds must include separate funds for the collection program and for the base and incremental solid waste management services programs. In this article, the term "solid waste" includes pathological waste.
   (b)   The director of finance must credit to the solid waste fund revenues from fees collected under this chapter, collection charges in the solid waste collection district, systems benefit charges and solid waste charges collected for the use of county solid waste acceptance facilities.
   (c)   Expenditures from the solid waste fund for collection service in the collection district and for countywide base and incremental solid waste management operations, including depreciation and debt service on facilities for such operations, must be authorized by appropriation by the county council.
   (d)   The solid waste fund must be maintained and managed so that revenues equal expenses for each subsidiary fund; except that contributions from the general fund may be appropriated by the county council to subsidize a portion of the costs or to cover emergency needs, unusual capital expansion or unplanned deficits not covered by adjustments of collection charges, system benefit charges and solid waste charges. To the extent that annual expenses exceed or are less than annual revenues, solid waste collection charges system benefit charges and solid waste charges must ordinarily be adjusted at least annually to fund such deficits or to utilize such surpluses. When necessary to fund anticipated future expenses or provide multiyear funding of short-term deficits, retention of surpluses over a multiyear period is permitted. (1981 L.M.C., ch. 37, § 1; 1986 L.M.C., ch. 67, § 1; 1992 L.M.C., ch. 39, § 1.)
Sec. 48-44. Contracts; appropriations.
   (a)   The county may enter into multiyear contracts for the collection and disposal of solid waste to the extent that the county council has provided appropriations sufficient to fund such contracts. Appropriations by the county council must specify the revenues to be derived from collection charges and disposal fees as well as other revenues as may be necessary to fund the appropriations.
   (b)   Notwithstanding subsection (a), section 11B-8(a), or any other provision of county law governing multiyear contracts, the chief administrative officer, on behalf of the county, may enter into and amend multiyear contracts with the Northeast Maryland Waste Disposal Authority or any other party, including contracts authorized by section 3-915 of the Natural Resources Article of the Annotated Code of Maryland, if;
      (1)   The facilities or services provided by the authority or another party under the contract or amendment are described in a notice of intent submitted to the county under section 3-920 of the Natural Resources Article; and
      (2)   The notice of intent specifically proposes that the county enter into or amend a multiyear contract for the described facilities or services under this subsection; and
      (3)   The notice of intent has not been disapproved by the county council during the 120-day period described in section 3-920 of the Natural Resources Article; and
      (4)   The county council has not, within forty-five (45) days after receiving the final draft contract or amendment and a notice that the chief administrative officer intends to sign the contract or amendment in that form, disapproved the contract or amendment by resolution. The provisions of subsection (a) and section 11B-8(a) requiring annual appropriations and a termination provision for any multiyear contract do not apply to any contract authorized under this subsection. However, every multiyear contract or amendment authorized by this subsection must permit the county to terminate its obligations under the contract or amendment for convenience if the county provides the contracting parties with amounts sufficient to defray costs and obligations that the parties have incurred in accordance with the contract or amendment. (1981 L.M.C., ch. 37, § 1; 1988 L.M.C., ch. 41, § 1.)
Article V. Recycling.
Sec. 48-45. Findings and policies.
   (a)   The County Council finds that undertaking a long term commitment to remove and recycle certain materials from the solid waste stream is a necessary part of the County's integrated solid waste management system of recycling, resource recovery and landfilling. Extensive recycling will:
      (1)   decrease the flow of solid waste to overburdened County disposal facilities;
      (2)   aid in the conservation and recovery of valuable resources;
      (3)   conserve energy;
      (4)   increase the supply of reusable raw materials;
      (5)   reduce the cost of planning, constructing, and operating solid waste disposal facilities; and
      (6)   reduce the environmental impact of waste management.
   (b)   The County Council also finds that the objectives of the Comprehensive Solid Waste Management Plan adopted under State law will be promoted by establishing a recycling program. The program should include:
      (1)   a mandatory recycling program for homes, industries and businesses wherein residents will recycle their recyclable solid waste in conformance with Executive regulation. Materials subject to mandatory recycling can be set out for County operated collection, taken to drop-off centers or recycled by private or charitable organizations;
      (2)   recycling drop-off centers where collection is not practical;
      (3)   purchase by the County of products made at least in part from recyclable solid waste;
      (4)   encouraging any entity not subject to this Chapter to adopt a recycling program;
      (5)   development of special pilot recycling programs to addressrecycling of plastics, yard wastes and other potentially recyclable materials;
      (6)   construction of a recyclable materials recovery center adjacent to the Shady Grove transfer station;
      (7)   coordination of a network of volunteers to promote recycling;
      (8)   development and dissemination of educational material to inform the public about recycling and promote recycling programs; and
      (9)   other innovative actions and programs designed to develop recycling in the County.
   (c)   The County Council found in Resolution 11-733 that to recycle 27% of the solid waste stream by 1992 and 30% before the resource recovery plant is expanded is in the public interest. The County Council reaffirms that it is in the public interest to recycle as much solid waste as practical and that the goals adopted in Resolution 11-733 are the goals of this program. (1990 L.M.C., ch. 4, § 1.)
Sec. 48-46. Recyclable solid waste; definition.
   (a)   In this article, recyclable solid waste means those materials in the solid waste stream which may be separated and reused.
   (b)   Recyclable solid waste includes:
      (1)   containers and other products made from metals;
      (2)   tree cuttings, bush trimmings, plants, leaves, grass, garden trimmings and similar yard waste;
      (3)   glass products;
      (4)   newspapers;
      (5)   corrugated cardboard;
      (6)   office paper;
      (7)   motor oil;
      (8)   lead acid batteries;
      (9)   motor vehicle tires; and
      (10)   medium and large high-density polyethylene and polyethylene terephthalate containers, and any other plastic materials suitable for recycling.
   (c)   The list of materials in subsection (b) may be changed or expanded by Executive regulation. (1990 L.M.C., ch. 4, § 1.)
Sec. 48-47. Recyclable solid waste program.
   (a)   The County Executive must develop a recyclable solid waste program. The program may be established by executive regulation.
   (b)   Under the recyclable solid waste program, the County must collect, separate, and recycle, to the maximum extent practical, each material listed in subsection 48-46(b) unless:
      (1)   recycling of that material is not technically feasible on the scale proposed; or
      (2)   collection and separation of the material (generally or from a particular geographic area or source of waste) and recycling the material will substantially increase the cost to the County solid waste management system of disposing of that material after subtracting all avoided net costs of burning or burying the material.
   (c)   The regulations may provide for:
      (1)   creation of recycling service areas for the collection, processing and marketing of recyclable solid waste. The recycling program may vary from recycling service area to recycling service area. The Executive must make every reasonable effort to implement curbside collection of recyclable solid waste in those areas in which solid waste is generally collected at curbside. The basis for determiningrecycling activities in a recycling service area may include:
         (A)   population densities;
         (B)   housing patterns;
         (C)   land use patterns;
         (D)   the types and amounts of recyclable solid waste generated in any area; and
         (E)   other factors affecting cost-effectiveness.
      (2)   creation of financial and other incentives, including technical assistance, awards and publicity, for recycling initiatives undertaken by any person. The financial incentives may include special rates or fees for the collection and processing of recyclable solid waste, to be established when the County Council sets rates and fees for solid waste management and disposal.
      (3)   purchase of items by the County which are manufactured at least in part from recyclable solid waste.
   (d)   The regulations must specify the standards and methods by which, and the base from which, the goals of the program and the level of recycling that the program achieves in any year are measured.
   (e)   The County Executive must adopt an ongoing program to study recycling program and technology. This program must include pilot projects to test the effectiveness of new recycling efforts and to provide the basis for expanding the recycling program.
   (f)   The County Executive must report to the Council at least every 2 years on the expansion of recycling service areas, and particularly on the extent that new housing subdivisions are included in the service areas.
   (g)   The County Executive must encourage municipalities and other entities which are not included in a recycling service area to adopt an effective recycling program. The County Executive may enter into agreements with a municipality or other entity to further the objectives of this Article.
   (h)   The County Executive must report to the County Council twice each year on the progress of the recyclable solid waste program toward meeting the quantitative goals and any problems that hinder the achievement of those goals. (1990 L.M.C., ch. 4, § 1.)
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