In this subtitle, the following terms have the meanings indicated. “Approved recycling facility” means a City-owned recycling facility or a private recycling facility so certified by the Director of Public Works, which processes material into a form or forms for reuse and for which an end user exists. The facility need not be located in the City but it must be certified by the Director, at least semi-annually, as a facility which is not a final disposal site or a transfer station to a final disposal site. “Disposal”, “dispose”, or “disposed” means the complete and ultimate placement of solid waste in a landfill, incinerator, or waste-to-energy facility. “Disposal”, “dispose”, or “disposed” does not include the handling of solid waste at a transfer station or other processing facility where solid waste is not completely and ultimately placed in a landfill, incinerator, or waste-to-energy facility. “Hauler” means any person who contracts to provide services for collecting or transporting solid waste to a disposal site. For the purposes of this subtitle, “hauler” also means any person with a valid demolition permit issued by the Commissioner of Housing and Community Development. “Person” has the meaning stated in <cite data-path="|general|1|1|1-107|(a)">§ 1-107(a) {“Person: In general”}</cite> of the City Code’s <cite data-path="|general">General Provisions Article</cite>. Notwithstanding <cite data-path="|general|1|1|1-107|(b)">§ 1-107(b) {“Person: Exclusion”}</cite> of the <cite data-path="|general">General Provisions Article</cite>, in this subtitle “person”also includes a governmental entity or an instrumentality or unit of a governmental entity. “Recyclable materials” means materials:not destined for final disposal and for which an end user exists; which would otherwise become solid waste for disposal in a solid waste acceptance facility; and are collected, separated, or processed and returned to the marketplace in the form of raw materials or products. “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. “Self hauler” means any person who collects, transports, and disposes of solid waste generated by that person. “Self hauler” does not include any person occupying residential property who collects, transports, and disposes of solid waste resulting from the residential use of such property. “Solid waste” means garbage, rubbish, refuse, hazardous waste, asbestos, medical waste, rubble, incinerator ash, ash, trash, and other material generated by commercial, industrial, institutional, and residential establishments. “Solid waste” does not include:significant pollutants, such as silt or sediment in water resources; any recyclable materials; or residue from a waste-to-energy facility. “Solid waste acceptance facility” means any:sanitary landfill; transfer facility; central processing facility; incinerator; medical/pathological waste incinerator; waste-to-energy facility; or any other type of facility that accepts solid waste for disposal, treatment, processing, composting, compacting, or transfer to a solid waste acceptance facility. “Solid waste generator” means any person engaged in an enterprise which generates solid waste requiring collection and hauling to a disposal site. City Code, 1976/83, art. 23, §22 Ord. 91-757 Ord. 91-784 Ord. 20-366 Ord. 22-125

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. Except as otherwise provided in paragraph (2) of this subsection, the solid waste hauler disposal surcharge is levied at a rate of $7.50 per ton of solid waste, as determined by the actual weight obtained from the scales located at the solid waste acceptance facility. 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> 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. City Code, 1976/83, art. 23, §§23, 24 Ord. 91-757 Ord. 04-672 Ord. 20-366 This subtitle was enacted by Ordinance 91-757, effective July 1, 1991. Section 3 of the Ordinance provided that the provisions of §11-2 (then §§23 and 24) become “of no effect and ... null and void” when Baltimore County enacts a recycling incentive surcharge “similar” to that provided for in §11-3 below (formerly §§25 and 26).

There is hereby imposed a recycling incentive surcharge on every solid waste generator in Baltimore City. The recycling incentive surcharge is levied at a rate set by the Board of Estimates at a rate recommended by the Director of Finance which would yield substantially the same revenue as the solid waste hauler disposal surcharge provided for in § 11-2 above as a percentage of the total bill presented by a hauler to the solid waste generator for payment. The total bill:shall include costs for service, including equipment disposal charges, and applicable taxes; and shall not include any charges for the collection, processing, transporting, and disposition of recyclable materials. A solid waste generator who is a self hauler is subject to the payment of the recycling incentive surcharge. The surcharge rate shall be applied to the lesser of:2 times the amount charged by the solid waste acceptance facility; or all customary and usual expenses actually incurred by the self hauler as documented on a form provided by the Director. Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the <cite data-path="|general">City General Provisions Article</cite>, the Director shall adopt such rules, standards, or guidelines to determine the expenses incurred by the self hauler provided for in this subsection. 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:shall be paid by the solid waste generator and collected by the hauler; or shall be paid directly to the Director of Finance by the solid waste generator when self-hauling. Proposed demolition by self-hauler.Any self-hauling generator obtaining a demolition permit shall, 30 days before the demolition begins, estimate the expenses to be incurred, based on the number of loads of demolition debris, the cost of transporting such debris to a disposal site, and the price charged at the disposal site and shall prepay the recycling incentive surcharge. After completion of the hauling of the demolition debris, the contractor may present to the Finance Department receipts from an approved recycling facility and will be refunded that portion of the prepaid surcharge for which receipts prove the materials have been recycled. City Code, 1976/83, art. 23, §§25, 26 Ord. 91-757 Ord. 04-672 Text Conformed 02/23/21 By authority of Ordinance 20-431, Section 5, the Director of Legislative Reference, in consultation with the Law Department, has conformed subsection (c)(3) of this section to refer expressly to the requirements of the recently-enacted Administrative Procedure Act that, effective January 15, 2021, governs the proposal, adoption, and publication of administrative rules and regulations. Section 2 of Ordinance 91-757 provided for the enactment of “the following sections” — presumably, then-§§25 and 26 (§11-3 of this codification) — “if Sections 23 and 24 become null and void pursuant to Sec. 3” . As to Section 3 of that Ordinance, see preceding Editor’s Note.

Commencing on August 25, 1991, with regard to the charge for the surcharges for services rendered during July, 1991, and continuing on the 25<sup>th</sup> 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:on the forms prescribed by the Director of Finance; and accompanied by such other information as may be necessary to fully collect the surcharge imposed by this subtitle. City Code, 1976/83, art. 23, §27(a) Ord. 91-757

Pursuant to the Ordinance adopting this subtitle, it shall be the duty of every hauler, self hauler, solid waste generator, and solid waste acceptance facility subject to the provisions of this subtitle to keep and preserve, for a period of 4 years, such suitable records as may be necessary to determine the amount of such surcharges for which that person may be liable. Among the records necessary are:schedules and locations of disposal and collection; amount charged to each customer; and any other records determined by the Director of Finance to be necessary to the proper oversight of the surcharges. 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. City Code, 1976/83, art. 23, §27(b) Ord. 91-757

Whenever any person required to pay a surcharge hereunder ceases doing business or otherwise disposes of his or her business: 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. City Code, 1976/83, art. 23, §27(d).) Ord. 91-757

The City of Baltimore and any authorized agents of the City, and Baltimore County or any authorized agents of the County are exempted from any solid waste surcharge. The Water and Waste Water Enterprise Fund of Baltimore City is not exempt from any solid waste surcharge. 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. City Code, 1976/83, art. 23, §28 Ord. 91-757 Ord. 94-401 Ord. 20-366

Whenever any person required to pay a surcharge hereunder fails to collect and/or remit to the Director of Finance the surcharge imposed by this subtitle within the time limited therefor, that person shall be assessed by the Director of Finance: 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. City Code, 1976/83, art. 23, §27(e) Ord. 91-757

Any hauler who violates any provision of this subtitle shall, in addition, be subject to revocation of the solid waste collection permit issued to the hauler by the Commissioner of Health under the provisions of Title 7, Subtitle 2, of the <cite data-path="|health">Health Code of Baltimore City.</cite> City Code, 1976/83, art. 23, §29(b) Ord. 91-757

In addition to the above powers granted to the Director of Finance, the Director is hereby authorized: 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 fully collect the surcharge; and to define any terms used in connection with the imposition and collection of the surcharge; 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. City Code, 1976/83, art. 23, §27(c) Ord. 91-757 Text Conformed 02/23/21 By authority of Ordinance 20-431, Section 5, the Director of Legislative Reference, in consultation with the Law Department, has conformed item (1) of this section to refer expressly to the requirements of the recently-enacted Administrative Procedure Act that, effective January 15, 2021, governs the proposal, adoption, and publication of administrative rules and regulations.

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. City Code, 1976/83, art. 23, §29(a) Ord. 91-757