In this subtitle, the following terms have the meanings indicated.
“License” means a license issued under this subtitle to operate as a hauler.
“Small hauler” means a hauler that uses only 1 truck for which the manufacturer’s rated capacity is ¾ ton or less and the gross weight of which is 7,000 pounds or less.
City Code, 1976/83, art. 11, §266(c)
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This subtitle does not apply to:
any person while employed by or under contract with the City for public work;
a 1- or 2-day community clean-up where neighbors join in to pay the cost of hiring a truck; or
a scrap metal dealer who:is licensed under City Code <cite data-path="|2">Article 2</cite>, Subtitle 8; and
is transporting materials for purchase, sale, recycling, or storage (but not for disposal).
City Code, 1976/83, art. 11, §266(c)
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Ord. 04-692
Ord. 10-389
No person may operate as a hauler in the City without a license to do so from the Commissioner of Health.
City Code, 1976/83, art. 11, §267(a), (a-1)
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The application for a license:
must be on the form that the Commissioner provides; and
in addition to any other information that the Commissioner requires, must contain the type, make, year, capacity, and vehicle tag number of every vehicle that the applicant proposes to use.
City Code, 1976/83, art. 11, §267(a), (a-1)
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On receipt of the application, the Commissioner may inspect the applicant’s storage facilities, vehicles, and other equipment before issuing a license.
City Code, 1976/83, art. 11, §267(d)
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The Commissioner must issue a license to the applicant if the applicant:
has complied with all applicable laws, rules, and regulations; and
pays the applicable license fee.
City Code, 1976/83, art. 11, §267(d)
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An applicant may, at the applicant’s option, apply for either an annual license or a 90-day license.
Unless sooner suspended or revoked:an annual license expires on the 1<sup>st</sup> annual anniversary of its issuance; and
a 90-day license expires on the 90<sup>th</sup> day after its issuance.
Before a license expires, the licensee periodically may renew the license for an additional 1-year or 90-day term, as the case may be, if the licensee:otherwise is entitled to a license;
submits a renewal application to the Commissioner, on the form that the Commissioner provides; and
pays the applicable fee.
City Code, 1976/83, art. 11, §267(c)(2nd sen.)
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Ord. 12-159
The fees to be charged under this subtitle are as set by the Commissioner, with the approval of the Board of Estimates.
The fees so set:must include a pro rated differential for 90-day licenses; and
may include an appropriate differential for small haulers.
City Code, 1976/83, art. 11, §267(c)(2nd sen.)
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Ord. 12-159
From time to time as the Commissioner sees fit, the Commissioner may inspect any storage facilities, vehicles, and other equipment of a licensee.
The Commissioner must undertake an inspection of a licensee if the Commissioner receives written complaints from 2 or more unrelated persons that the licensee is in violation of the subtitle.
City Code, 1976/83, art. 11, §270(a)
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The Commissioner may issue a violation notice to a licensee who the Commissioner believes is in violation of any provision of:this subtitle;
any rule or regulation adopted under this subtitle; or
the terms of the license issued to the licensee.
The violation notice must:cite the violation;
specify the corrective action to be taken; and
state the time within which that action must be taken.
If the licensee fails to make the corrections within the time prescribed, the Commissioner may suspend or revoke the license, subject to the hearing provisions of Title 2, Subtitle 3 {“Administrative Hearings”} of <cite data-path="|health">this article</cite>.
City Code, 1976/83, art. 11, §270(a)
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Subject to the hearing provisions of Title 2, Subtitle 3 {“Administrative Hearings”} of <cite data-path="|health">this article</cite>, the Commissioner may suspend or revoke the license of any licensee who is convicted of a violation of:
this subtitle;
any rule or regulation adopted under this subtitle; or
any other law involving the handling or disposition of waste.
City Code, 1976/83, art. 11, §270(d)
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Except as specified in subsection (b) of this section, every vehicle used by a hauler to collect, transport, or dispose of waste must be identified as specified in this subsection.
The name and business telephone number of the hauler must be displayed:on both sides of the vehicle; and
in lettering that:conspicuously contrasts with its background; and
is of a size, shape, and color to be readily legible, during daylight hours, from a distance of 50 feet while the vehicle is stationary.
The required display may be on removable devices.
Every vehicle used by a small hauler must have its license displayed inside the vehicle in a way that is visible at all times from outside the vehicle.
City Code, 1976/83, art. 11, §269(d), (h)
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Each waste container that has a capacity of 2 cubic yards or more must be labeled with:the name of the licensee; and
an identification number assigned by the Commissioner.
The label must be:on the outside of the container; and
in permanent lettering that is:plainly distinguishable; and
at least 3 inches high.
City Code, 1976/83, art. 11, §269(d), (h)
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Each licensee must:comply with the requirements of Subtitle 3 {“Transporting Waste”} of this title;
cover or tie down all solid waste being transported on an open-type vehicle so as to prevent spillage; and
take all other action necessary to prevent leakage or loss of any waste from either containers or vehicles.
Each vehicle used to collect, transport, or dispose of waste must be maintained in a clean condition that minimizes odors and prevents insect and rodent breeding.
City Code, 1976/83, art. 11, §269(a) - (c)
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Except as specified in subsection (b) of this section, no hauler or any other person may collect solid waste in the City at any time before 7 a.m. or after 11 p.m. on any day, weekends and legal holidays included.
A licensed hauler may collect solid waste at any time from a business, commercial, industrial, institutional, or other nonresidential use structure as long as no residential structure is within 300 feet of any collection point.
The Commissioner may waive the requirements of this section in the event of a civil emergency.
City Code, 1976/83, art. 11, §26(f)
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Ord. 08-079
The driver of any vehicle being used under a hauler’s license must keep a daily log that includes, for each collection of solid waste:the location from which the waste is collected;
the general nature of the solid waste;
the name of the customer from whom the waste is collected; and
when, where, and how the waste was disposed of.
The licensee must permit the Commissioner to inspect this log at any time during regular business hours.
City Code, 1976/83, art. 11, §269(g)
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The Commissioner must publish and distribute to all community associations listed with the Department of Planning an annual list of all small haulers licensed under this subtitle who indicate their availability to provide services to residential properties.
This list must contain a notice of the prohibition in <cite data-path="|health|§7-226">§ 7-226 {“Prohibited conduct”} of this subtitle</cite> against using an unlicensed hauler.
City Code, 1976/83, art. 11, §268(d)
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No person may contract with or hire any hauler who is not licensed under this subtitle.
City Code, 1976/83, art. 11, §267(b)
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In addition to any other civil or criminal remedy or enforcement procedure, this subtitle may be enforced by issuance of:an environmental citation under City Code <cite data-path="|1">Article 1</cite>, Subtitle 40 {“Environmental Control Board”}; or
a civil citation under City Code <cite data-path="|1">Article 1</cite>, Subtitle 41 {“Civil Citations”}.
The issuance of a citation to enforce this subtitle does not preclude pursuing any other civil or criminal remedy or enforcement action authorized by law.
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Ord. 03-595
Any person who violates any provision of this subtitle or of any rule or regulation adopted under this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $500 for each offense.
Each day that a violation continues is a separate offense.
City Code, 1976/83, art. 11, §272
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