In this subtitle, the following terms have the meanings indicated.
“License” means a license issued under this subtitle to operate a landfill.
“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, except as used in <cite data-path="|health|§7-419">§ 7-419 {“Penalties”} of this subtitle</cite>, a governmental entity or an instrumentality or unit of a governmental entity.
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This subtitle does not apply to:
the random placement of broken stones or rubble as a foundation, sustaining wall, or similar structure to control erosion; or
to the otherwise lawful filling of land exclusively with earth fill material that contains:no more than 10% organic matter or rubble by volume; and
no object larger than 12 inches in any dimension.
City Code, 1976/83, art. 11, §§221(a)(2nd cl.), 221(1), 224
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No person may operate a landfill in the City without a license to do so from the Commissioner of Health.
City Code, 1976/83, art. 11, §222(b)
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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 name of the applicant;
the applicant’s home address;
the address of the applicant’s principal place of business;
the location of the proposed landfill;
the name under which the business is carried on;
a detailed engineering plan of the proposed operation of the landfill; and
evidence satisfactory to the Commissioner that the applicant has obtained a bond or other security, running to the benefit of the City, in the form, amount, and tenor:as required by State law for landfills licensed by the State; or
if no bond or security is required by State law, as the Commissioner requires.
City Code, 1976/83, art. 11, §223(a)(1)(1st cl.), (2), (3)(1st cl.)
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The Commissioner must issue a license to the applicant if:
the Commissioner approves the engineering plan;
the applicant has complied with all applicable laws, rules, and regulations; and
the applicant pays the applicable fee.
City Code, 1976/83, art. 11, §223(a)(3)(2nd cl.)
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Unless sooner suspended or revoked, a license expires annually on the anniversary of its effective date.
Before a license expires, the licensee periodically may renew the license for an additional 1-year term, if the licensee:otherwise is entitled to a license;
submits a renewal application to the Commissioner, in the form that the Commissioner requires; and
pays the applicable renewal fee.
City Code, 1976/83, art. 11, §223(a)(intro), (a)(4)(1st sen.)
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The annual fee for a license is as set by the Commissioner, with the approval of the Board of Estimates.
City Code, 1976/83, art. 11, §223(a)(4)(2nd sen.)
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A licensee must immediately notify the Commissioner of any change in any of the information contained in or accompanying the licensee’s application for a license or a renewal.
City Code, 1976/83, art. 11, §223(a)(1)(2nd cl.)
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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 of Health may suspend a license:on receipt of notice of intent to cancel the bond or other security required by State law;
if the licensee fails to comply with the engineering plan approved by the Commissioner; or
if the Commissioner finds the licensee has caused a condition that is hazardous to the public health, safety, or welfare.
A suspension continues until the licensee:satisfies the Commissioner that the cause for the suspension has been adequately corrected; and
has reimbursed the City for any expenses that the City incurs as a result of the condition.
City Code, 1976/83, art. 11, §223(a)(5)
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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 of Health may revoke or refuse to renew the license of any licensee who repeatedly violates any of the conditions of the license or any of the provisions of this subtitle or of the rules and regulations adopted under this subtitle.
City Code, 1976/83, art. 11, §223(a)(6)
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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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Any person who violates any provision of this subtitle or of a rule or regulation adopted under this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $1,000 for each offense, plus $100 for each day that the offense continues.
City Code, 1976/83, art. 11, §226(a)
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