Subtitle 11 – Solid Waste Surcharges

In this subtitle, the following terms have the meanings indicated.

“Recyclable materials” means materials:

“Residue” means the material (including, but not limited to, fly ash, bottom ash, and siftings) remaining after the processing of solid waste and after removal of any recyclable materials.

“Solid waste acceptance facility” means any:

“Solid waste generator” means any person engaged in an enterprise which generates solid waste requiring collection and hauling to a disposal site.

Except as otherwise provided in <cite data-path="|23|§11-7">§ 11-7 {“Exemptions”} of this subtitle</cite>, there is a solid waste hauler disposal surcharge imposed on every hauler or solid waste generator who disposes of or causes to be disposed any solid waste in Baltimore City.

The solid waste hauler disposal surcharge shall be paid by the hauler and collected by the operator at the solid waste acceptance facility for each ton of solid waste that is disposed in Baltimore City.

There is hereby imposed a recycling incentive surcharge on every solid waste generator in Baltimore City.

The Board of Estimates shall establish an appropriate differential surcharge for small haulers licensed under Title 7, Subtitle 2, of the <cite data-path="|health">City Health Code.</cite>

Any hospital generating solid waste for delivery to a solid waste acceptance facility shall pay a recycling incentive surcharge at a rate of $7.50 per ton.

The recycling incentive surcharge:

Proposed demolition by self-hauler.

Commencing on August 25, 1991, with regard to the charge for the surcharges for services rendered during July, 1991, and continuing on the 25^th day of each successive calendar month thereafter, every hauler, self hauler, and solid waste acceptance facility shall remit all applicable surcharges due under this subtitle to the Director for the services rendered during the preceding calendar month.

Each monthly remittance shall be:

Every hauler and self-hauling solid waste generator shall keep records and receipts relating to the final destination of recyclable materials that were transferred.

The Director or the Director’s agent shall have the right to inspect these records during regular business hours.

If any person fails to keep records from which the surcharge imposed by this subtitle may be accurately computed, the Director of Finance may make use of a factor developed by surveying other operators of a similar type, or otherwise, compute the amount of surcharge due, and this computation shall be prima fade correct.

Recyclable materials which are taken to a non-approved facility are not exempt from the recycling incentive surcharge.

any monies due hereunder shall immediately become due and payable; and

that person shall within 3 days of cessation or disposition of the business submit the required receipts and remit the total mount of the surcharge due.

Solid waste from harbor area clean-up activity normally delivered to a solid waste acceptance facility owned and operated by the City of Baltimore, by the Maryland Port Authority, is exempt from the solid waste hauler disposal surcharge.

Any solid waste hauled from a nonprofit organization (as defined in § 11-204(a)(3) and (d) of the State Tax-General Article) certified as to its nonprofit status by the Director of Finance, which is otherwise exempt from disposal fees charged by a solid waste acceptance facility which generally charges haulers disposal fees for acceptance of their solid waste, shall not be subject to the solid waste hauler disposal surcharge only with regard to disposal at such solid waste disposal acceptance facility.

Neighborhood improvement associations are exempted from the solid waste hauler disposal surcharge for solid waste (described in agreements between the neighborhood association and the City of Baltimore in an agreement approved by the Board of Estimates) delivered by the neighborhood association to solid waste acceptance facilities owned and operated by the City of Baltimore.

Loads under 1 ton delivered to solid waste acceptance facilities owned and operated by the City of Baltimore shall be exempted from the solid waste hauler disposal surcharge.

Solid waste that is destined for final disposal outside of Baltimore City is exempted from any surcharge imposed by this subtitle.

the amount of the surcharge due;

interest at the rate of 1% per month or any fraction thereof; and

a penalty of 10% of the surcharge due.

subject to Title 4 {“Administrative Procedure Act – Regulations”} of the <cite data-path="|general">City General Provisions Article</cite>, to make, adopt, and amend such rules and regulations as may be deemed necessary or proper:

to compromise disputed claims in connection with the surcharge and for good and sufficient cause shown to waive interest and penalty;

to extend, for good cause shown, the time for remitting any surcharge required to be paid for such period of time as may be deemed reasonable; and

to develop procedures to identify haulers used by solid waste generators.

Any person who violates any provision of this subtitle shall be guilty of a misdemeanor and upon conviction shall be fined not more than $500.

Each day that a person violates a provision of this subtitle shall be considered a separate offense.