In this Chapter, the following words and phrases have the following meanings: Base solid waste management services means those solid waste management services that benefit all generators of solid waste and all persons who collect, store, transport, or otherwise handle solid waste. Base systems benefits charge means the portion of the systems benefit charge which covers all or a portion of the costs of base solid waste management services. Bi-county unit means: (1) the Maryland-National Capital Park and Planning Commission; or (2) the Washington Suburban Sanitary Commission. Collection contractor means a private company under contract with the County to provide solid waste collection services to dwelling units with less than seven units within the Solid Waste Collection Districts. Collector means any person who contracts to collect and provide services for collection and/or transporting the solid waste of others to its disposal site. Commercial gain means compensation in money, services, or other consideration. Department: The Department of Environmental Protection. Director means the Director of the Department of Environmental Protection, or the Director’s designee. Director of Finance means the Director of Finance or the Director’s designee. Disposal refuse means all solid waste which is acceptable for disposal, as designated in executive regulations adopted by the County Executive pursuant to Section 48-6 of this Chapter, which is delivered to a County solid waste acceptable facility for disposal by the County. Dumpster means a container for solid waste collection or storage with a volume at least 90 gallons or one-half cubic yard. Dwelling unit means a building or part thereof arranged or designed for occupancy by not more than one family for living purposes and having cooking facilities. Garbage means all organic waste materials resulting from the preparation, cooking, handling or storage of food. Generator means the owner or occupant of any dwelling unit where solid waste is generated, and the owner or occupant of any other business, entity or institution at, from, or by which solid waste is generated. Hauler means any person operating a commercial business or engaged in any enterprise regularly generating solid waste which requires collecting and hauling to an approved point of disposal, when such collecting and hauling is done by the person generating such material in his own vehicles or in vehicles leased for the purpose, in lieu of having a licensed collector perform this service. Incremental solid waste management services means those solid waste management services that benefit some but not all generators of solid waste or some but not all persons who collect, store, transport, or otherwise handle solid waste. Integrated solid waste management system means the County’s system of managing solid waste as that system is revised from time to time in the County’s Comprehensive Solid Waste Management Plan. The system may include all aspects of solid waste management and handling, including any waste reduction program, recycling program or facility, disposal program or facility, and any other program related to the collection, management and disposal of solid waste. Incremental systems benefit charge means the portion of the systems benefit charge which covers all or a portion of the costs of incremental solid waste management services. Medical waste means waste, sometimes classified as “special,” “hazardous,” “contaminated,” “infectious,” etc., including utensils, bandages, containers or any other material issuing from all human patient care, diagnosis and surgical areas; animal bedding and feces; disposable laboratory equipment, and their contents; materials resulting from and/or exposed to infectious animal care and laboratory procedures; all disposable needles and syringes; all other disposable materials from out-patient areas for human and animal patients, where presence of pathogenic organisms are diagnosed or suspected. Medical/pathological waste generator means any hospital, laboratory, clinic, institution, medical building, physicians’s office or any other point of origin where medical/pathological wastes are produced. Medical/pathological waste incinerator means any incinerator located on the premises of a medical/pathological waste generator which is designed and constructed to be used exclusively for the disposal of medical and/or pathological wastes. Motor vehicle administration means the motor vehicle administration, Department of Transportation, for the State of Maryland. Pathological waste means waste, some of which may be considered infectious, including human or animal organs or body parts, carcasses and similar organic waste from hospitals, laboratories, animal pounds, slaughterhouses or other similar sources. Person means the County or any agency or institution thereof, public or private corporation, individual, partnership or other entity, including any officer or governing or managing body of any public or private corporation. Public or private property means: (1) the right-of-way of a road or highway; (2) a body of water or watercourse or the shores or beaches of a body of water or watercourse; (3) a park; (4) a parking facility; (5) a playground; (6) public service company property or transmission line right-of-way; (7) a building; (8) a refuge or conservation or recreation area; (9) residential, commercial, industrial, or farm property; or (10) timberlands or a forest. Slant-sided refuse container means a metal receptacle with a top surface area greater than the bottom surface area and having an internal volume greater than one cubic yard which temporarily receives and holds refuse for ultimate disposal either by unloading into the body or loading hopper of a refuse collection vehicle or by other means. Sludge means residual materials, usually in a highly concentrated form, which result from the treatment of sewage and/or water, including industrial and domestic wastewater; such residue may include but is not limited to digested, undigested, dewatered and underwatered residuals. Solid waste means all waste materials and debris, including any garbage, sludge, medical/pathological waste, debris from building construction, ashes, junk, industrial waste, deal animal, salvable waste, deal or felled tree, uprooted tree stump, slash, tree limb, bush, plant, leaves, grass, garden trimmings, street refuse, abandoned vehicle, machinery, bottle, can, waste paper, cardboard, sawdust and slash from sawmill operations, and any other waste materials. Solid waste also includes any automobile, truck, box, container, tire, appliance, furniture, or recreational equipment that is in a state of disrepair or disfunction, unless the items is awaiting removal or being repaired or renovated for the personal use of the owner or occupant and the repair, renovation or removal is completed within 30 days. Solid waste also includes any recyclable solid waste. Solid waste acceptance facility means any state-approved sanitary landfill, central processing facility, transfer station, medical/pathological waste incinerator or any other type of plant the primary purpose of which is for the disposal, treatment or processing of solid waste. Solid waste acceptance fee means the charge established for use of the County solid waste acceptance facilities. Solid waste collection charge means a charge established for the service of collecting solid waste in a Solid Waste Collection District. Solid waste collection districts means special service districts established from time to time, consisting of certain areas of the County as defined on maps in the office of the Director, in which solid waste is collected by the County or its contractor. Solid waste charge means a charge established for use of County solid waste acceptance facilities for disposal, recycling, or otherwise processing or handling of solid waste. Solid waste management district means a special service district consisting of all of Montgomery County. Solid waste management service means any service provided by or on behalf of the County to plan, implement, or administer any part of an integrated solid waste management system. Systems benefit charge means an annual service charge reflecting all or a portion of the cost to the County of providing base and incremental solid waste management services. Tax bill means the real property tax bill prepared by the Director of Finance as collector of State and County taxes and sent to all persons against whom State and County real property taxes are assessed.

This chapter does not apply: (a) To solid waste collected on federal reservations and not disposed of in the county. (b) To the facilities of the Washington Suburban Sanitary Commission.

(a) The Director of Environmental Protection must administer this Chapter. (b) The Director may waive any requirement of this Chapter when: (1) practical difficulties, undue hardships or other good cause prevents any person from carrying out this Chapter; and (2) the waiver is not contrary to the spirit and intent of this Chapter and other applicable law, and does not materially impair the public welfare and safety. (c) Any aggrieved party may appeal the grant or denial of a waiver to the County Board of Appeals under Section 48-28. Sec. 2. All duties and authority involving solid waste assigned by the County's Comprehensive Solid Waste Management Plan to the Department of Environmental Protection and the Director of that Department are reassigned to the Department of Transportation and the Director of that Department respectively. Any reference in that Plan to the Department of Environmental Protection and the Director of that Department must be treated as referring to the Department of Transportation and the Director of that Department respectively. Sec. 3. Any regulation in effect on July 1, 1995, which implements a function transferred to the Department of Transportation under Chapter 48, as amended by Section 1 of 1995 LMC Ch. 17 continues in effect, but any reference in that regulation to the Department of Environmental Protection must be treated as referring to the Department of Transportation. The transfer of a function under 1995 LMC Ch. 17 does not affect the rights of a party to any legal proceeding begun before 1995 LMC Ch. 17 took effect.

The council is authorized to regulate and control the collection of solid waste in any part of the county.

A person must not engage in the business of collecting or disposing of solid waste in the county unless that person obtains a permit from the county for collection and a permit from the Maryland Department of the Environment for disposal.

Collection or disposal of solid waste shall be in accordance with such regulations, which may include the imposition of reasonable fees to cover the cost of inspection and licensing, as the county executive shall, from time to time, adopt under method (2) of section 2A-15 of this Code; provided, that no incorporated town or special taxing area shall be required to pay any fees for inspection and licensing.

(a) The county may: (1) Establish and maintain such service districts and solid waste disposal or acceptance facilities as are necessary or desirable for the management of solid waste and fix charges for such services. The county may establish and administer special service charge areas, known as the solid waste collection districts and a solid waste management district. All service charges imposed on property within the solid waste collection districts and the solid waste management district may be collected as taxes on real property are collected. Upon default in the payment of any service charge, the property against which such service charge has been made may be sold at tax sale in the same manner as real property is sold for nonpayment of taxes. (2) License or contract with a contractor to collect and dispose of solid waste under such regulations as to charges and methods as it deems advisable. (3) Contract for the construction or operation or both of solid waste acceptance facilities, to be paid for from charges or otherwise, and to become the property of the county after such period and upon such terms as it may prescribe. (b) Where the county or its collection contractor is providing solid waste collection service in any area of the county, no other collector shall collect recyclable solid waste which has been put out to be collected by the county or its contractor.

(a) Establishment of district. A solid waste management district is hereby established. The County must provide base and incremental solid waste management services in the solid waste management district. The County may charge for the services by collecting a systems benefit charge or a solid waste charge, or both. The solid waste charge may be collected at a County solid waste acceptance facility. The systems benefit charge may be collected as provided in this Section. (b) Systems benefit charge imposed. (1) General. The systems benefit charge must reflect as closely as possible the actual cost, or an allocable portion of the cost, to the County of providing base and incremental solid waste management services. The Council must annually by resolution set the rates for the residential and nonresidential systems benefit charges under Section 48-31. The Council may modify the rates by resolution when necessary to assure the solvency of the integrated solid waste management system. The charge may include all or part of: (A) any costs of services provided on a one-time basis or an ongoing basis, and (B) ongoing costs of services provided to the County before December 1, 1992. (2) Residential systems benefit charges. (A) Base charge. The owner of each dwelling unit in the solid waste management district must be charged a base systems benefit charge. The base systems benefit charge must be calculated by multiplying the amount of solid waste estimated to be generated annually at a dwelling unit by the base systems benefit charge rate. The County Executive must establish by regulation the estimate of amount of solid waste generated per dwelling unit. The estimate may consider the size of the dwelling unit. (B) Incremental charge. The owner of each dwelling unit in the solid waste management district may be charged an incremental systems benefit charge, which must reflect incremental solid waste management services provided to a dwelling unit or class of dwelling units. The incremental systems benefit charge must be calculated by multiplying the amount of solid waste estimated to be generated annually at a dwelling unit by the incremental systems benefit charge rate. (C) Collection. The Director of Finance may collect the residential systems benefit charge in the manner in which taxes on real property are collected. If the residential systems benefit charge or any portion of it is not paid when due, the property for which the charge has been made may be sold at tax sale in the same manner as real property is sold for nonpayment of taxes. The County may also bring suit against the property owner for any unpaid residential systems benefit charge. (D) Variable rate systems benefit charge. The residential systems benefit charge may, in whole or in part, be structured as a variable rate charge. The County Executive may by regulation under method 2 adopt a means of calculating and collecting a partial or total variable rate systems benefit charge. The regulation may require that: (i) only properly identified solid waste bags may be accepted at County solid waste acceptance facilities; or (ii) bags or identification tags must be purchased from the County. (E) Waiver. An owner of a multifamily dwelling with 7 or more dwelling units may be granted a waiver of the residential systems benefit charge if the owner has paid the applicable nonresidential systems benefit charge. A request for a waiver must be sent to the Director by registered or certified mail, return receipt requested. A waiver is only valid during the period for which the nonresidential charge has been paid. Waivers must be prorated. The Director's decision may be appealed only to the Circuit Court under the rules for appeals of agency decisions. (3) Nonresidential systems benefit charge. (A) Charge. Each owner of a dumpster used in the County must register the dumpster under this Section and must, at the time of registration, pay a systems benefit charge. The systems benefit charge must be calculated by multiplying both the base systems benefit charge rate and the incremental systems benefit charge rate, if applicable, by the weight capacity of the dumpster and then adding the 2 products together. The County Executive must establish by regulation a method of calculating the weight capacity of a dumpster from its volume capacity. (B) Registration. The owner of any dumpster used in the County must register the dumpster with the Department annually in accordance with regulations adopted under Method 2. Each dumpster must be watertight and leakproof and must display a current registration medallion at all times. Each dumpster must display the name of the owner of the dumpster, in lettering that is not less than 3 inches high, in permanent paint or decals on one side of the dumpster which is exposed to public view. A generator must not use a dumpster which has not been registered under this Section or which does not display a current registration medallion. (C) Violations. The owner of a dumpster that is not properly registered and any generator who uses a dumpster that is not properly registered are jointly and severally liable to the County for payment of any unpaid nonresidential systems benefit charges. Failure to register a dumpster, display the name of the owner or a current registration medallion, or pay a nonresidential systems benefit charge is a class A violation. (D) Payment. Any person may pay the nonresidential systems benefit charge in quarterly installments. The first installment must be paid when the dumpster is registered. The balance must be paid in 3 equal installments by the first day of the third, sixth, and ninth months after the dumpster is registered. If a dumpster is removed from service in the County and the owner surrenders its current registration, the owner need not pay any remaining balance of the charge. (E) Alternatives. As an alternative to a nonresidential systems benefit charge based on dumpster capacity, as provided in subparagraphs (A)-(D), the County Executive may, by regulation adopted under method (2), establish and collect from any generator and any person who collects, stores, transports, or otherwise handles solid waste a nonresidential systems benefit charge that is based on another reasonable measurement of need for and use of solid waste management services. A reasonable unit of measurement under this subparagraph may include one or more of the following: (i) the gross floor area of a nonresidential building; (ii) the number of employees located at a nonresidential building or group of buildings, or the average number of customers, patients, or visitors at a building or group of buildings; (iii) reasonable estimates of the amount of solid waste produced annually at buildings of a similar type or similar land uses.

It shall be unlawful for any person to establish, operate or maintain a solid waste acceptance facility within the county, or to permit an accumulation of solid waste to remain on his property, except as provided in this chapter. Any method of solid waste disposal not covered by this chapter nor specifically prohibited by it shall be utilized only after review and specific written approval by the director in each case.

It shall be unlawful for any person to dispose of, dump, deposit or leave any solid waste within the county, on public or private property, except at a solid waste acceptance facility approved under this chapter, provided that, with the written permission of the owner, clean fill may be deposited upon private property.

(a) Prohibited conduct. A person must not: (1) dispose of garbage or other solid waste on a highway or violate State vehicle laws regarding disposal of litter, glass, and other prohibited substances on highways; or (2) dispose of, or cause or allow the disposal of, garbage or other solid waste on public or private property unless: (i) the property is designated by the State, a unit of the State, or a political subdivision of the State for the disposal of garbage or other solid waste and the person is authorized by the proper public authority to use the property; or (ii) the garbage or other solid waste is placed into a garbage or solid waste receptacle or container on the property. (b) Presumption of responsibility. (1) If two or more individuals occupy a vehicle from which garbage or other solid waste is disposed in violation of subsection (a), and it cannot be determined which occupant is the violator: (A) if present the owner of the vehicle is presumed to be responsible for the violation; or (B) if the owner of the vehicle is not present, the operator is presumed to be responsible for the violation. (2) If the occupants of a vehicle from which garbage or other solid waste is disposed in violation of subsection cannot be determined, the owner of the vehicle is presumed to be responsible for the violation. (c) Property owner not in court. Notwithstanding any other law, if the facts of a case in which a person is charged with violating this Section are sufficient to prove that the person is responsible for the violation, the owner of the property on which the violation allegedly occurred need not be present at a court proceeding regarding the case. (d) Penalty. A person who violates this Section is subject to the following penalties: (1) a maximum civil fine of $500 for a first offense, and $1,000 for subsequent offenses; or (2) a criminal penalty as follows: (A) A person who disposes of garbage or other solid waste in violation of this Section in an amount not exceeding 100 pounds or 27 cubic feet and not for commercial gain is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 30 days or a fine not exceeding $1,500 or both. (B) A person who disposes of garbage or other solid waste in violation of this Section in an amount exceeding 100 pounds or 27 cubic feet, but not exceeding 500 pounds or 216 cubic feet, and not for commercial gain is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding one year or a fine not exceeding $12,500 or both. (C) A person who disposes of garbage or other solid waste in violation of this Section in an amount exceeding 500 pounds or 216 cubic feet or in any amount for commercial gain is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding five years or a fine not exceeding $30,000 or both. (3) In addition to the penalties provided under paragraphs (1) and (2) of this subsection, a court may order the violator to: (A) remove the garbage or other solid waste disposed of in violation of this Section; (B) repair or restore any property damaged by, or pay damages for, the disposal of the garbage or other solid waste in violation of this Section; (C) perform public service relating to the removal of garbage or other solid waste disposed of in violation of this Section or to the restoration of an area polluted by garbage or other solid waste disposed of in violation of this Section; or (D) reimburse the State, the County, or a municipal corporation or bi-county unit for its costs incurred in removing the garbage or other solid waste disposed of in violation of this Section. (e) Nothing in this Section authorizes a person to deposit or dispose of garbage or other solid waste in another’s container without written consent or personal direction required under Section 48-11A.

A person must not dispose of garbage or solid waste in an approved container for storage of solid waste owned, rented by or maintained by another without first obtaining written consent from the owner or rightfully intended user, or under the personal direction of the owner or rightfully intended user.

It shall be unlawful for any person to dispose of garbage within the county by feeding the same to swine; provided, that any person may feed garbage produced on his own property to swine owned by him and raised for his individual consumption.

On-site disposal of solid waste by burial in a pit or trench shall be permissible for camps and other seasonally used places or farms. The depth of the trench shall be sufficient to provide a minimum of eight (8) inches of dirt cover.

The use of compost piles for the disposal of garbage is permitted only when the pile is completely rodentproofed. Compost piles consisting entirely of leaves and dirt do not require rodentproofing.

(a) Legislative findings. The County Council finds that: (1) the County’s general goal of solid waste management establishes waste reduction as the most preferred management technique, followed by reuse, composting and recycling, then incineration with energy recovery, and, least preferred, landfilling; (2) food waste represents a significant percentage of the County’s solid waste stream; (3) educating food producers can reduce the generation of excess food that would enter the solid waste stream; (4) giving food that would otherwise be wasted to organizations that serve people in need is a means to reuse excess food; (5) composting, a means promoting the biological decomposition of organic material such as food waste into a stable, humus-like product, is a first step in the recycling of food waste; (6) the use of compost has been demonstrated to benefit soil health by: (A) suppressing plant diseases and pests; (B) reducing or eliminating the need for chemical fertilizers; (C) promoting higher yields of agricultural crops; and (D) improving soil structure; (7) compost use is a valuable tool in stormwater management that can lower runoff volume due to improved water holding capacity, healthy vegetation/biomass, and increased infiltration; and (8) reducing excess food generation, reusing food that would otherwise be wasted, and increasing the amount of food and other compostable waste that is composted will help the County meet its goal of recycling 70% of the solid waste stream generated in the County. (b) Strategic Plan required. The Director must develop a Strategic Plan to Advance Composting, Compost Use and Food Waste Diversion in Montgomery County by January 1, 2018. The Strategic Plan must identify: (1) legislative changes, including but not limited to amendments to this Chapter, necessary to reduce food waste and promote composting; (2) County policies and initiatives to reduce food waste and promote and support composting in the county; (3) models and best practices used by other jurisdictions; (4) metrics for assessing and increasing food waste diversion, composting, and compost use; (5) goals for achieving certain levels of food waste diversion and dates for achieving those goals; (6) challenges to achieving the goals and means of overcoming these challenges; (7) potential sites for food waste composting operations; (8) environmental and public health benefits of composting and food waste diversion; and (9) cost estimates and potential economic and environmental benefits of implementing the Strategic Plan. (c) Considerations. The Strategic Plan must consider the following areas in its legislative, policy, metrics, and cost recommendations: (1) home composting; (2) community-scale composting; (3) on-site institutional and commercial composting; (4) on-farm composting; (5) small-scale commercial composting facilities; (6) support for existing and new composting businesses in the form of grants, loans, and land; (7) models and best practices, including methods and materials, used by other jurisdictions; (8) use of incentives to encourage private food waste diversion and composting; (9) diversion and composting of non-food waste compostables; (10) local use of compost to support soil health and the County stormwater management program; (11) education and outreach to reduce food waste and promote composting; and (12) strategies for maximizing the volume of compostables collected in a curbside collection program. (d) Consultation with stakeholders. In developing the Strategic Plan, the Director must consult with: (1) the County Division of Solid Waste Services; (2) the County Department of Permitting Services, including the Land Development and Zoning and Site Plan Enforcement Divisions; (3) the County Department of Health and Human Services; (4) the County Department of General Services; (5) Montgomery County Public Schools; (6) the County Planning Department; (7) the County Parks Department; (8) the County Office of Agriculture; (9) the County Revenue Authority; (10) the Montgomery County Food Council; (11) the Montgomery Countryside Alliance; (12) the County Solid Waste Advisory Committee; (13) the University of Maryland Extension; (14) Community Food Rescue; (15) the Maryland Horse Council; (16) the governing bodies of all County municipalities; and (17) organizations and individuals in the County involved in compost production and use and food waste diversion. (e) Annual report. By July 1 each year, the Director must submit a report to the County Executive and County Council. The annual report must: (1) update the food waste diversion metrics; and (2) document the progress towards achieving the goals of the Strategic Plan.

It shall be unlawful for any person to operate as a collector or hauler of solid waste within the county except as provided in this chapter.

(a) Required; application. (1) Solid waste must not be collected or transported in the County except by a licensed collector or hauler. (2) However, this Section does not prohibit: (A) a person from transporting the person's own solid waste to an approved solid waste acceptance facility in a closed-body vehicle or a vehicle covered by a tarpaulin or canvas tightly fastened in a manner that will prevent the loss of any material being transported; or (B) a licensed collector or hauler from transporting solid waste firmly sealed and secured in cardboard boxes or plastic bags to an approved solid waste acceptance facility in an open, flat-body vehicle covered by a tarpaulin or canvas which is tightly fastened in a manner that will prevent the loss of any material being transported. (3) A person must not engage in the business of collecting or transporting solid waste in the County without first obtaining a license from the Director. A licensed collector or hauler must apply for renewal of the license by the last day of the month before the existing license expires, on forms furnished by the Director and must supply all information the Director requires. Any person who does not already have a valid collector's or hauler's license may apply for one at any time. (b) Conditions for issuance of a collector's license. No collector's license shall be issued unless and until the applicant complies with the following conditions: (1) Office, etc. Maintain an office in the County for the transaction of business, such business to include but not be limited to the receipt of complaints, the payment of bills, the maintenance of records and the answering of inquiries. Such office shall be staffed during normal business hours with an authorized agent of the applicant, registered with the Director, serviced by a business telephone and listed in a telephone directory by trade name. If the Director finds that the licensee has his principal business office outside of the County but within the metropolitan area, duplicate records need not be maintained in his County office; provided, that such records shall be made available to the Director in the County upon demand within 24 hours, or sooner if required. Any change of address, telephone number or authorized agent shall be reported immediately to the Director. (2) Performance Bond. a. Furnish the Director with a cash bond or corporate bond in a form satisfactory to him and approved by the County Attorney conditioned upon the faithful performance and maintenance of the conditions for issuance of the license set forth in this Chapter, in the amount of $500 for each regularly used collection vehicle excluding backup or standby vehicles; provided however, that no more than a ten-thousand-dollar total bond shall be required. b. A corporate bond shall be maintained and renewed annually and shall be executed by a surety or guaranty company qualified to transact business in this State and that the attorney-in-fact for said company be registered with the Clerk of the Montgomery County Circuit Court; however, such corporate bond may provide in its terms that it may be canceled upon 60 days' written notice by the surety to a licensee and to the Director. In such event, the licensee shall furnish the Director with a bond as required above within 30 days of such cancellation notice. A cash bond shall be deposited with the Director of Finance, who shall give his receipt therefor, reciting that the cash bond has been deposited with the County subject to the provisions of this Section. The bond shall obligate the principal, his executors, administrators, successors and assigns, jointly and severally with the surety and shall inure to the benefit of the County, its officers, employees and to anyone who is personally aggrieved by the principal's failure to comply with the conditions thereof. Whenever the Director shall find that a default has occurred in the performance of any term or condition of the bond, oral notice by telephone shall be given to the principal to be followed by written notice confirming such oral notice. Such notices shall state the work to be done and specify that it is to be completed within 24 hours. In the event that such work is not completed within 24 hours, the Director in his discretion may cause the work to be done by contract or otherwise. The Director shall cause the principal to be charged for the cost of the work and shall send a bill. In the event that the principal fails to pay the bill within 15 days after receipt thereof, written notice of nonpayment shall be given to the principal and to the surety of the bond. Such notice shall state the work done and the cost thereof. After receipt of such notice the surety shall pay to the Director the cost of doing the work as set forth in the notice but not to exceed the principal sum of the bond. If a cash bond has been posted, notice of default as provided above shall be given the principal; and if payment is not made within 15 days the Director shall proceed without delay and without further notice or proceedings whatsoever to use the cash deposited or any portion of such deposit. (3) Maintain and keep at all times, including 30 days after all business is discontinued in the County, a list of names and addresses of all customers receiving service within the County. Such lists shall be subject to inspection by the Director at any reasonable time. The list or a true copy thereof shall be furnished to the Director immediately upon demand in the event of discontinuance of service to 5 or more customers during any seven-day period. A refusal to furnish such list to the Director shall be deemed to be a violation of the provisions of this Chapter. (c) Waiver authority. The Director shall have the authority to grant waivers of the conditions specified for granting a collector's or hauler's license upon a finding that the applicant is engaged exclusively in the collecting and transporting of solid waste, excluding garbage, as defined in this Chapter. (d) Application information. No hauler's license shall be issued unless and until the applicant provides the Director with the following information: (1) Applicant's name and address and, if incorporated, names and addresses of officers and resident agent. (2) A statement describing the content and approximate weight of the solid waste to be hauled, with particular reference to the amount of garbage and other putrescible matter contained therein, designation of normal time intervals for such collecting and hauling, and a geographic description of the points where such materials are generated and collected for hauling.

(a) For each truck or other vehicle used in the collection or transportation of solid waste by a licensee there shall be issued a registration card by the director which shall contain the name of the owner, the description and serial number of the truck or vehicle, and a registration number. The requirements of this section shall apply to vehicles owned and operated by persons under contract with the county to provide similar services to county residents. For each card there shall be furnished a metal solid waste collector's or hauler's tag containing the registration number and the year such tag is valid. Such tags shall be attached to the truck or vehicle in such a manner as to be readily visible and shall not be transferred to another truck without prior written approval by the director. (b) No truck or other vehicle shall be registered until it has been inspected and found to be equipped with a suitable watertight, leakproof, metal body designed for the collection of solid waste and to have a suitable tightly fitting cover of metal or canvas to prevent the blowing of solid waste, which cover shall be in place at all times, except when loading or unloading. The body shall be so mounted on the chassis that when fully loaded, the axle load shall fall within the maximum axle load limit prescribed by law; except that an open metal body truck with a tightly fitting cover of metal or canvas may be used for hauling only building materials, trees or parts of trees, rubble, abandoned vehicles, machinery, appliances, and nonincinerable material; and except that an open flat-body vehicle having a suitable tarpaulin or canvas cover, which shall be in place at all times, except when loading or unloading, may be used for transporting solid waste firmly sealed and secured in cardboard boxes or plastic bags. The body shall be enclosed steel, packer type, watertight, leakproof, readily cleanable and sanitary and so mounted on the chassis so that when fully loaded the axle load shall fall within the maximum axle load limit prescribed by law; provided further, that a licensed collector or hauler may apply for a special license for an open body truck (equipped with a suitable watertight, leakproof, metal body designed for the collection of solid waste and having a suitable tightly fitting cover of metal or canvas to prevent the blowing of solid waste, which cover shall be in place at all times except when loading or unloading), for use only on special routes, designated in the license, on public or private streets, roads or rights-of-way, where the height, weight, length or width of packer-type solid waste collection vehicles makes their use contrary to law, or a danger to public or private property or human life or safety. (c) Each truck or vehicle shall be lettered in letters plainly distinguishable and not less than three (3) inches high, in permanent paint or decals on each of the two (2) sides of the truck or vehicle, which lettering shall include the name of the company or individual by whom the truck or vehicle is owned or operated. On trucks or vehicles operated by licensed collectors, the words "solid waste" and the business telephone number shall also be displayed. Following the effective date of this chapter, licensed collectors shall have until June 1, 1982, to change the word "Refuse" to the words "Solid Waste." A licensee's detachable solid waste containers shall be conspicuously marked with the licensee's name and telephone number. (d) Any truck or vehicle found to be in an unsafe physical, mechanical or sanitary condition shall have its registration suspended; provided, however, that the director may grant one (1) grace period not to exceed fifteen (15) days in which to correct such condition or defect. The director shall reinstate any suspended registration upon satisfactory proof that the aforesaid conditions or defects have been corrected.

(a) Licensees shall operate fully in accordance with the following regulations: (1) Remove all solid waste in containers or bundles in accordance with the approved written statement of service for disposal from every point of pickup and clean up spillage by the collector at pickup points and along the route from the point of pickup to the truck. (2) Maintain regular service in accordance with the written statement of service and provide in writing prior notice of not less than thirty (30) days of their intent to modify or discontinue service for any cause, except for discontinuance for nonpayment of service charges. A copy of such notice shall be provided to the director. (3) Upon commencement of service and no less frequently than annually thereafter, furnish to each customer a copy of the written statement of service which shall include the trade name, principal business address, telephone number and regular office hours of the collector, regular collection schedule, weather conditions and holidays for which service shall be suspended and the collection schedule thereafter, the type and quantity of solid waste to be collected, frequency of special collection, packaging or bundling requirements, type of solid wastes not included in the service to be provided, type and size of solid waste containers, point of collection, a simple mathematical formula which customers may use to compute deductions from service bills for unprovided service exclusive of service suspensions due to severely inclement weather as determined by the director and holidays, and any other provision needed to establish a clear understanding of the respective responsibilities of the collector and the customer. Upon application for a collector's license or when requested by the director, the statement of service shall be submitted to the director, who shall approve it if it complies with the standards and objectives of this chapter to disapprove it; and if he disapproves, he shall state his reasons therefor in writing. If disapproved, the licensee or applicant shall revise and resubmit the statement of service until approved by the director. Unapproved statements of service shall not be distributed to a collector's customers. (4) Provide alternate service within twenty-four (24) hours in the event of mishap or breakdown of regular equipment or if collection service is missed for any reason, except that alternate service for collection missed on Saturday shall be provided within forty-eight (48) hours. (b) Licensees and their employees shall not collect solid wastes in Montgomery County prior to 7:00 a.m. (9:00 a.m. on federal holidays and Sundays) nor collect solid wastes after 9:00 p.m. on any weekday (Monday through Sunday, including federal holidays); except that collections may be made at any time from business establishments such as commercial, industrial, institutional or other nonresidential use structures provided that there is no residential structure(s) within five hundred (500) feet of the solid wastes collection point. The director may waive these provisions in the event of a civil emergency for a period of seventy-two (72) hours or less. (c) The licensee must disclose on each invoice or other request for payment any pass- through to the customer of a charge paid for use of any solid waste acceptance facility and any pass-through of a systems benefit charge. Each charge must be stated on a per-ton basis. Each invoice or other request for payment must separately identify any collection charge or systems benefit charge.

It shall be unlawful for any person to haul or otherwise transport any garbage, trash, junk or other refuse from without the state into the county for the purpose of feeding, dumping, incinerating or other final disposition within the confines of the county unless such person shall have obtained a permit therefor from the county; provided, that nothing in this section shall prohibit the transportation into the county from without the state of fertilizer or stable manure for agricultural purposes or of ashes, cinders, scrap metal or other similar materials for road building, industrial or manufacturing purposes. Any violation of this section shall be punished as a class C violation as set forth in section 1-19 of chapter 1 of the County Code.

It shall be unlawful for any person to park or otherwise leave unattended upon any public street or thoroughfare within the county any vehicle, motor or otherwise, used for the hauling or transporting of any solid waste for any period of time in excess of that which is necessary in the loading or unloading of such vehicle. Any violation of this section shall be punished as a class B violation as set forth in section 1-19 of chapter 1 of the County Code.

(a) Storage generally. It shall be unlawful for any person to store any solid waste within the county, except as provided in this chapter and any executive regulations promulgated pursuant thereto. The provisions of this section shall apply to any land or premises where solid waste accumulates or is produced, be it residential, commercial or industrial, including vacant property. (b) Responsibility of owners and occupants. (1) It shall be the responsibility of the occupant to provide a sufficient number of approved containers for storage of solid waste to prevent overflow between times of collection in single-family and duplex residential dwellings and to maintain the premises in accordance with the standards of this chapter; and it shall be unlawful for the owner or occupant of such private property within the limits of the county to permit the accumulation of solid waste or to permit any part thereof to be carried or deposited by the elements upon any street, sidewalk or other public place or upon any other private property. "Accumulate" shall mean to exist outside of an approved container for a period of time in excess of thirty (30) days. At such time as the county executive shall determine that the county possesses the capability for the separate collection and disposal of newspapers, magazines, cardboard, wastepapers, glass, aluminum cans and other recyclable materials, these items shall be stored in such a manner that these kinds of solid waste materials can be collected and disposed of separate and apart from other types of solid waste. (2) It shall be the responsibility of the owner and/or resident manager and not the occupants of multifamily residential dwellings to provide a sufficient number of approved containers for the storage of solid waste to prevent overflow between times of collection and to maintain the premises in accordance with the standards of this chapter; and it shall be unlawful for the owner, resident manager or occupant of such private property within the limits of the county to permit the accumulation of solid waste upon such property or to permit any part thereof to be carried or deposited by the elements upon any street, sidewalk or other public place or upon any other private property. "Accumulate" shall mean to exist outside of approved containers for a period of time in excess of five (5) days. At such time as the county executive shall determine that the county possesses the capability for the separate collection and disposal of newspapers, magazines, cardboard, wastepapers, glass, aluminum cans and other recyclable materials, these items shall be stored in such a manner that these kinds of solid waste materials can be collected and disposed of separate and apart from other types of solid waste. (3) Each owner and occupant of commercial and industrial land or buildings must provide a sufficient number of approved containers for storage of solid waste to prevent overflow between collections and to maintain the premises as required in this Chapter. An owner or occupant of commercial or industrial property must not let solid waste accumulate on the property or be carried or deposited by the elements on any other public or private property. Each owner and all occupants of any shopping center and commercial establishment must install and maintain trash receptacles on the edge of each pedestrian walkway. The receptacles must be of a type and size and placed at a location approved by the Director and clearly designated as receptacles of solid waste. When the County Executive decides that the County will separately collect newspapers, magazines, cardboard, wastepaper, glass, aluminum cans, and other recyclable materials from commercial establishments, these items must be stored separately from other solid waste. (4) The owner and occupant of commercial or industrial property must screen from view at street level any solid waste container or solid waste storage area on the property if the container or storage area can be seen from the street level of any residential property. The owner of multifamily residential property must screen from view at street level any solid waste container or solid waste storage area on the property if the container or storage area can be seen from the street level of any residential unit on the property or the street level of any other residential property. This paragraph does not apply to temporary solid waste containers at construction sites. (5) It shall be the responsibility of the owner of vacant land to keep his property free of solid waste. (6) Deficiencies observed in violation of the standards of this Chapter shall constitute prima facie evidence that the required maintenance is not adequate. The Director may remove or cause removal of solid waste material upon written notice to the owner, occupant, lessee or agent at his last-known address; and the cost of removal shall be a debt due the County and shall be collected as are other debts. (c) Container standards. All containers for the storage of solid waste, except bins for the storage of bulky rubbish, shall be vermin-proof and waterproof, of noncorrodible metal or similar material, and shall be equipped with tight-fitting lids at all times. Containers recessed into the ground shall be permitted only if they are of such construction that they do not permit the entrance of waste material or water seepage into the nonremovable parts. Slant-sided refuse containers, as defined in this Chapter, which will tip over when empty and subjected to a horizontal force of 70 pounds when applied at a point and in a direction likely to cause tipping and a vertically downward force of 191 pounds applied to a point likely to cause tipping, are not allowed to be used in the County because of risk of tipover. (d) Maintenance standards. (1) All containers or local disposal systems shall be accessible to the users at all times. (2) Solid waste bins, as constructed under the terms of the Fire Safety Code and Building Code, shall not be used for the storage of garbage. (3) Doors to solid waste storage rooms, chute doors, lids to hoist containers and lids to all other solid waste containers shall be in place and shall be kept closed when not in actual use. (4) Containers and storage area surfaces shall be washed periodically so that no encrusted waste material is evident upon inspection. (5) Interior storage rooms, unloading platforms or aprons, and other solid waste storage areas of buildings shall be kept clean, free of litter and solid waste overflow, free of vermin, and well ventilated. (6) The presence of solid waste in place other than inside proper containers of disposal devices, the presence of sour odors and the presence of insects, rodents or other vermin, or evidence of their presence shall constitute improper maintenance or lack of maintenance and the need for more frequent removal. The Director may remove such solid waste upon written notice to the owner, occupant, lessee or agent at his last-known address; and the cost of removal shall be a debt due the County and shall be collected as are other debts. (e) Removal schedule. (1) The frequency of collection of garbage shall be at least once a week or of such greater frequency as is necessary to keep all solid waste in the proper containers without producing overflow or objectionable odors. (2) Highly putrescible waste, such as seafood waste, shall be removed from commercial premises daily, unless the waste is immediately ground into the sewer system or is stored in refrigerated storage. In the latter case, the schedule under paragraph (1) of this subsection shall apply. The existence of objectionable odors at the nearest adjoining premises shall be evidence of insufficient removal frequency. (3) Medical or pathological wastes shall not be put out for collection but shall be destroyed by proper incineration on the premises or shall be taken to a solid waste acceptance facility approved for these types of materials.

(a) In this section, “unused vehicle:” (1) Means a vehicle that is: (A) Inoperable or not currently registered by a government agency; and (B) Not subject to section 48-24; (2) Includes trailers; and (3) Does not include farm tractors or any farm equipment such as automobiles and trucks that are: (A) Kept on properties consisting of 2 or more acres on which crops are being grown and harvested; and (B) Used for the purpose of growing and harvesting crops. (b) A person must not store an unused vehicle on residential property in violation of Section 26-9(a)(13).

Permits, licenses or registrations issued under this chapter expire one year after the effective date of issuance unless otherwise stated thereon, and may be renewed if the applicant complies with this chapter. A registration, permit or license must not be transferred, except that if the holder dies, an executor, administrator or heirs may operate under the existing registration, permit or license. The Director may assign new dates of licensure to existing licenses to effectively stagger annual renewals evenly throughout the year and must adjust license fees pro rata.

Permit or license fees under this chapter shall be fixed annually by executive regulation adopted by the county executive under method (3) of section 2A-15 of this Code. The fees shall not exceed the cost of inspection, licensing and enforcement of this chapter.

The director may refuse to renew or he may revoke or suspend any license or permit issued under this chapter or take such other action as he may deem necessary upon a finding that the holder of the license or permit has violated any provision of this chapter, or that the continued use or operation of the license or permit under this chapter would endanger the health, welfare or safety of the public. Notice of revocation, suspension or refusal to renew or other action shall be in writing, and mailed by certified mail or delivered in person to the address shown on the application and shall provide for a right to a hearing before the director prior to final action. In the event of an immediate danger to the public health or safety, notice and hearing shall not be required but shall be given as promptly thereafter as practical. In the collection and transportation of solid waste, the director may revoke the registration of a particular vehicle or vehicles of the licensee found to be in violation of this chapter, such revocation to remain in force until such time as the licensee puts any or all vehicles in compliance with the provisions of this chapter or corrects the violation. Notice of revocation shall be as provided above. Such revocation of the registration of a particular vehicle shall not otherwise affect the license to do business issued under this chapter or affect the registration of complying vehicles of the licensee.

Any person aggrieved by the issuance, denial, renewal, suspension, or revocation of a permit or license under this Chapter may appeal to the County Board of Appeals within 10 days after the action is taken. The Board may affirm, remand, modify, or reverse the action of the Department. An appeal to the Board must not stay the action unless the Board, upon application, grants a stay of the action. Sec. 2. Transition. This Act does not apply to any appeal to the Board of Appeals that was filed before this Act took effect. Sec. 3. Regulations. Regulations 6-06AM and 7-06AM remain in effect, notwithstanding any amendment to the County Code in Section 1 of this Act, except for any provision of the National Fire Code that authorizes or refers to an appeal to the Board of Appeals.

(a) A special service charge area known as the solid waste collection district, consists of that area of the county defined on maps in the office of the director where residential solid waste was collected under contract with the county government on June 1, 1977. The executive may expand or reduce the collection district under procedures adopted by Regulation under method (2) or by the county council in the comprehensive solid waste management plan. The executive may subdivide the collection district, and revise the boundaries of any subdistrict when that action will improve service or reduce cost. (b) In the Solid Waste Collection District, a person may engage in the business of collecting solid waste from any single- or two-family dwelling unit under a private contract with the owner or occupant of the unit in addition to the collection by the County or its contract agent. The County or its contract agent must be the primary collection agency for single- or two-family dwelling units. The County or its contract agent must also be the exclusive collection agency for any multifamily building with 6 or fewer dwelling units. The County or its contract agent must not collect solid waste from any building with 7 or more dwelling units. (c) The Director of Finance is authorized to bill and collect all County service charges imposed on property within such Solid Waste Collection Districts for solid waste collection service in the manner in which ordinary taxes are now or hereafter may be collected under the provisions of the general and local laws of the State and County; upon default in the payment of any service charge the property against which such service charge has been made shall be sold at tax sale in the same manner as real property is sold for nonpayment of ordinary taxes. (d) The County Council must set charges annually for solid waste collection and management services under Section 48-31. These charges must correspond as closely as practicable to the actual cost, or an allocable portion of the cost, to the County to perform such services. (e) The Director must certify, before each real property tax billing cycle, which properties are receiving solid waste collection service in the collection district. (f) Service charges which are due and payable to the County, but which are omitted from tax bills for any reason, may be billed separately when due and may be collected as ordinary debts or may be added to a succeeding tax bill as provided in subsection (c) of this Section.

Any violation of any provisions of this chapter, unless otherwise provided for in the applicable section, shall be punished as a class A violation as set forth in section 1-19 of chapter 1 of the County Code. Each day a violation of the provisions of this chapter continues to exist shall constitute a separate offense.

Each fiscal year the County Council must by resolution set: (a) the base solid waste charge under Section 48-32; (b) the residential and nonresidential systems benefit charges under Section 48-8A; (c) any solid waste service charge under Section 48-8; (d) all solid waste collection charges under Section 48-29; (e) any charge for collecting or processing recyclable solid waste under Section 48-47; and (f) any other solid waste service, collection, processing, management, or disposal charge or fee collected by or on behalf of the County. A public hearing must be held, with at least 15 days' notice, before the Council adopts a resolution under this Section. The resolution must be adopted no later than the date the Council approves the annual operating budget. Unless the resolution specifies otherwise, each charge or fee must take effect on the July 1 after the resolution is adopted.

(a) Imposed. (1) The County Council by resolution under Section 48-31 may impose a base solid waste charge at a fixed rate per ton for all solid waste delivered by any person or agency, public or private, to County solid waste acceptance facilities. (2) The County Executive may by regulation adopted under method (2) set a charge different from the base solid waste charge for any type of solid waste: (A) which has a cost of disposal, recycling, processing or other handling different from the base solid waste charge or (B) for which any other jurisdiction in the metropolitan area is charging a higher base charge. (3) The Council may, by resolution adopted during a fiscal year, after considering any recommendation from the County Executive, change the base rate adopted under Section 48-31 after at least 15 days' notice and a public hearing. Any change in the base solid waste charge must provide adequate time to let public and private agencies and organizations make necessary billing adjustments. (b) Basis. (1) The solid waste charge must be collected at the basic rate per ton for any solid waste as determined by the actual weights obtained from the County scales located at the solid waste acceptance facilities. (2) The minimum weight for which the solid waste disposal charge shall be made is 500 pounds. (3) Each dwelling unit in the solid waste collection districts which is provided solid waste collection services by collection contractor must pay an annual fiscal year charge based on an average annual quantity of solid waste. The charge must be determined by the total number of tons of solid waste collected by the County's collection contractor(s) divided by the total number of dwelling units being served, multiplied by the basic solid waste charge per ton established by the Council. The charge must be billed and collected in the same manner as taxes on real property. (4) Before June 30 of any year, the governing body of any city, town, village or special taxing area in the county which provides solid waste collection service as a municipal service by their own employees or by a collection contractor may notify the Director of Finance to have the solid waste collection charge placed on the County tax bill of each residential property owner in that municipality who receives collection service. The governing body must furnish to the Director a certified list of the properties to be billed. Solid waste collection charges for commercial and industrial properties, for multifamily dwelling units of 7 or more, and for solid waste of the municipal government itself must be paid upon tonnage delivered to the solid waste acceptance facilities in the manner provided elsewhere herein. Upon such notification, the collection charge must be placed on the tax bills by the Director of Finance as an annual fiscal year charge based on the average quantity of solid waste. The charge must be determined by the total number of tons of solid waste collected by the municipality or its contractor divided by the total number of dwelling units being served, multiplied by the basic collection and solid waste charge per ton established by the Council. This method shall be optional at the discretion of the governing body of the municipality, and the municipality shall have the right to pay the service charges in the manner as otherwise provided for herein. (c) Exceptions. (1) A fee must not be charged for any disposal refuse which is delivered in a vehicle owned and operated by a County solid waste collection contractor if a charge is made for that refuse under subsection (b)(3) or subsection (b)(4). (2) A fee set by regulation must be charged for any disposal refuse, weighing less than 500 pounds, that is delivered in a privately owned and operated vehicle or trailer with a load capacity of less than 1,000 pounds. (d) Credit towards or refund of solid waste disposal charges for street cleaning. (1) Any city, town, village or special taxing area within the County which provides street cleaning and repairing as a municipal service and in which County street cleaning and repairing service is not provided shall receive an annual credit towards solid waste disposal charges otherwise payable hereunder or refund of charges paid, as the case may be, upon application, for the collection and delivery of disposable refuse as defined in this subsection to County solid waste disposal facilities, consisting of the computed County average number of tons of disposable refuse collected per mile from all streets and roads open and used by the general public receiving street cleaning service. The State, or any federal agency having property within the County providing cleaning and repair service for streets, roads or other rights-of-way which are open to and used by the general public, shall also receive such credit or refund, upon application. (2) The annual County average number of tons of disposable refuse must be determined by the Director before July 1 each year and apply to the entire next fiscal year. (3) An applicant for a credit or refund must complete and file with the Department of Finance an annual report on or before the fifteenth day of July covering the preceding fiscal year, in such form, and verified in such manner, and containing such information as may be prescribed by the Director of Finance. The Department of Finance shall compute such credit or refund after receipt of such annual report and shall furnish such credit or refund promptly to the applicant. (4) Disposable refuse for the purpose of computation of the annual credit or refund under this subsection shall include only leaves, street sweepings, tree parts and trimmings, paper, bottles, cans, cardboard, debris from street repairs, dirt and dead animals. Disposable refuse shall not include any of the foregoing items or articles which have been removed from adjacent property and have been deposited or placed by any person upon any such paved street or road for collection.

The director of finance may bill and collect all solid waste charges and collection charges imposed for the use of county solid waste acceptance facilities as follows: (a) From certified lists of persons, companies, agencies and governments indicating the quantities of solid waste received by the county for handling as determined by attached printed scale tickets furnished by the director to the director of finance at the end of each month. (b) From certified lists of properties receiving solid waste collection service provided by the county's solid waste collection contractor(s), such lists to be the same as those furnished by the director as provided for in subsection (e) of section 48-29.

(a) Extension of credit. Solid waste collection companies licensed by the county, business concerns and other persons who deposit in excess of twenty (20) tons monthly of disposable refuse at the county solid waste acceptance facilities may apply for an extension of credit by submission of an application for credit to the director of finance. (b) Posting collateral. As a prerequisite for extension of credit, collateral (accompanying the application for credit) shallbe deposited with the director of finance in the form of cash or certified check or equivalent security approved by the chief administrative officer and county attorney in an amount equal to a normal forty-five-day billing period. The computation of the amount of collateral required shall be determined by multiplying the number of tons per month as determined by the director by one and one-half (1) times the per-ton solid waste disposal charge. (c) Waiver of collateral. Waiver of collateral is restricted to federal, state and local government agencies delivering disposal refuse to the county disposal facilities on vehicles owned and operated by these agencies.

(a) Collection of charges; records. The Director of Finance must bill and collect solid waste charges and system benefits charges under this Chapter, maintain and keep an accurate record thereof, and report all moneys so received. (b) Partial payments. Partial payments must not be accepted on any monthly invoice, or on any tax bill even though the unpaid portion of the tax bill represents solid waste charges or systems benefit charges. (c) Interest penalties. Interest must be collected for late payment on the full amount of the monthly invoices. Interest and penalties imposed for failure to pay solid waste charges, or systems benefit charges, which are included on the tax bill, must be applied in the same manner and to the same extent as are other tax penalties. Interest for monthly invoices or for charges on the tax bills must be at the same interest rate as then in effect for late payment of real property taxes.

(a) If any person does not pay any solid waste charges within 15 days after the County renders a monthly invoice or does not pay any systems benefit charge the Director of Finance must apply any posted collateral against the amount due and must immediately suspend access to county solid waste acceptance facilities by any vehicle owned or operated by the person, company or agency in default of payment until full payment, including interest and penalties, is received and any collateral used to satisfy the outstanding obligation has been redeposited with the Director of Finance. (b) For default in payment by any property owner billed for systems benefits charges on a tax bill, the property against which such charges have been made must be sold at tax sale in the same manner as real property is sold for nonpayment of taxes.

No refunds must be made except for solid waste collection or systems benefit charges billed and collected as part of the tax bill or for mistakes in computation of charges due. A property owner must pay the property tax bill, which includes solid waste collection and/or systems benefit charges, in full, for the period billed. Refunds of solid waste collection and/or systems benefit charges must not be made, except upon application of the property owner, where the property is to be unoccupied for at least 60 consecutive days and no solid waste is generated from the property during that period, and the property owner has notified the county in writing 7 days before the absence. The notice must be made a part of a request for a refund of solid waste collection service or system benefits charges and must indicate the dates for which solid waste collection or base or incremental solid waste management services are not required. Refunds must not be made for shorter periods or without prior notice. Refunds must be prorated.

(a) Creation: The County Executive must appoint a Solid Waste Advisory Committee, subject to confirmation by the County Council. (b) Composition: (1) The Committee has 15 voting members. (2) The Committee has one ex officio nonvoting member representing the Maryland-National Capital Park and Planning Commission. (c) Appointment: (1) The County Executive should appoint members so that the Committee membership reflects: (A) broad geographic areas of the county; (B) the solid waste industry; (C) business users; (D) a representative of the County Chapter of the Maryland Municipal League; and (E) the general public. (2) The Executive must request from the Council, and the Council may submit, a list of nominees to be considered for appointment by the Executive. (d) Term: The term of members of the Committee is 3 years. A member serves until a successor has been appointed and qualified.

The committee shall be advisory to the county council and the county executive on all matters relating to solid waste management within the county. In particular, the committee shall: (a) Review and offer recommendations on the ten-year solid waste management plans for the county. (b) Investigate and make recommendations on systematic programs and alternative methods, both public and private, for the storage, collection, transportation, processing, disposal and resource recovery of solid wastes, including sludge. (c) Evaluate the impact of the solid waste management program on citizens, institutions, business and industry throughout the county. (d) Recommend methods to assure public involvement in solid waste planning and develop educational programs to inform the public on all aspects of solid waste management. (e) Recommend local and state legislation necessary to accomplish effective solid waste management. (f) Review and comment on the annual county budget for solid waste activities. (g) Submit to the county executive and county council, and make available to the general public, an annual report of the activities of the committee.

(a) The Committee may elect a chair, vice-chair, and other officers, establish subcommittees of its members and other subcommittees from outside its membership, and adopt bylaws to conduct its affairs. (b) The Committee meets in public session on call by the chair as frequently as necessary to perform its duties, but not less than once each quarter of any calendar year. Reasonable notice must be given for all meetings. A majority of the members is a quorum for the transaction of business, and a majority vote of those members present at any meeting is required for any action.

The Committee must not engage in any advocacy activity at the State or federal levels unless that activity is approved by the Office of Intergovernmental Relations.

The chief administrative officer shall make available to the committee administrative and staff services and facilities necessary to assist the committee in its work.

(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.

(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.

(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.

(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.

(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.

(a) A person must not dispose of recyclable solid waste in a manner that violates this Article or regulations issued under it. (b) A person must not collect or remove recyclable solid waste which has been set out for collection in a recycling service area in accordance with the Executive regulations governing that area unless; (1) the person is licensed by the County or has a contract with the County to collect recyclable solid waste; or (2) the property owner or occupant has expressly authorized a charitable organization to remove a recyclable item, and the organization collects the item on a different day from the County recyclable waste collection. This section adds to the requirements in Sections 48-5 and 48-6.

(a) Any violation of this Article or regulations issued under it is a class B violation. Each container holding recyclable solid waste which is disposed of or collected in violation of this Article or regulations issued under it is a separate violation. (b) The proceeds of any citation issued for a violation of this Article must be paid into the solid waste collection and disposal fund established under section 48-43. (c) The County Executive may suspend the collection of solid waste from any person who disposes of recyclable solid waste in violation of this Article or regulations issued under it.

The County Executive may contract for the collection, purchase, processing and marketing of recycled or recyclable solid waste, subject to County procurement laws and regulations. The Executive may enter into contracts, subject to appropriation, with public agencies or private parties to aid or operate recycling programs and to create incentives for recycling.

The County Executive may adopt regulations to implement this article under method (1).

In this Article, the following terms have the meanings indicated: ASTM standard means the American Society for Testing and Materials (ASTM) International Standards D6400 or D6868 for biodegradable and compostable plastics. ASTM standard bioplastic means a plastic like product that meets the ASTM standard. Compostable means material that will break down into, or otherwise become part of, usable compost (e.g., soil-conditioning material, mulch) in a safe and timely manner in an appropriate composting program or facility, or in a home compost pile or device. Compostable disposable food service ware includes ASTM standard bioplastics that are clearly labeled, preferably with a color symbol, such that any compost collector and processor can easily distinguish the compostable ASTM standard bioplastic from non-ASTM standard plastic. Disposable food service ware means containers, bowls, plates, trays, cartons, cups, lids, and other items that are designed for one-time use for beverages, prepared food, or leftovers from meals prepared by a food service business. Disposable food service ware does not include items composed entirely of aluminum. Food service business means a full-service restaurant, limited-service restaurant, fast food restaurant, cafe, delicatessen, coffee shop, supermarket, grocery store, vending truck or cart, food truck, business or institutional cafeteria, including those operated by or on behalf of County departments and agencies, and/or other business selling or providing food within the County for consumption on or off the premises. Polystyrene means the synthetic aromatic hydrocarbon polymer made from the monomer styrene. Polystyrene products are thermoplastic petrochemical materials that include injection molded, vacuum formed, or extruded solid materials, and blown, expanded, and extruded foams. Polystyrene food service products means food containers, plates, hot and cold beverage cups, meat and vegetable trays, egg cartons, and other products made of polystyrene and used for selling, providing, or serving food and drink which are: (1) intended by the manufacturer to be used once for eating or drinking; or (2) generally recognized by the public as items to be discarded after one use. Polystyrene loose fill packaging means a void-filling packaging product made of expanded polystyrene that is used as packaging fill. Polystyrene loose fill packaging is commonly referred to as packing peanuts. Recyclable means material that can be sorted, cleansed, and reconstituted in a cost-effective manner using recycling collection programs provided in the County for the purpose of using the altered form in the manufacture of a new product. Recycling does not include burning, incinerating, converting or otherwise thermally destroying solid waste.

(a) A food service business must not sell or provide food in polystyrene food service products, regardless of where the food will be consumed. (b) Subsection (a) does not apply to: (1) food or beverages that were filled and packaged in polystyrene containers outside of the County before a food service business received them; or (2) materials used to package raw, uncooked, or butchered meat, fish, poultry, or seafood for off- premises consumption. (a) The prohibition on use of expanded polystyrene food service products contained in Section 48-53 and the prohibition on the sale of expanded polystyrene food service products and polystyrene loose fill packaging contained in Section 48-56 take effect on January 1, 2016.

(a) A County facility, agency, or department using disposable food service ware must use compostable or recyclable disposable food service ware unless the Executive determines that there is no suitable affordable compostable or recyclable product available in accordance with Section 48-57. (b) A County contractor or lessee using disposable food service ware must use compostable or recyclable disposable food service ware unless the Executive determines that there is no suitable affordable compostable or recyclable product available in accordance with Section 48-57. (c) A food service business selling or providing food or beverages for consumption on or off premises in disposable food service ware must use compostable or recyclable disposable food service ware unless the Executive determines that there is no suitable affordable compostable or recyclable product available in accordance with Section 48-57. This subsection does not apply to: (1) prepackaged food or beverages that were filled and sealed outside of the County before a food service business received them; or (2) materials used to package raw, uncooked, or butchered meat, fish, poultry, or seafood for off-premises consumption. (b) The requirement for a County facility, agency, department, contractor, or lessee to use compostable or recyclable disposable food service ware established by Subsections 48-54(a) and (b) takes effect on January 1, 2016. Notwithstanding any other provision, a County facility, agency, department, contractor, or lessee may use disposable food service ware already purchased as of the effective date of this Act until the supplies are exhausted or until January 1, 2017, whichever is earlier, including disposable food service ware that the County facility, agency, department, contractor or lessee is obligated to purchase under any contracts in force on the effective date of this Act. (c) The requirement to use compostable or recyclable disposable food service ware established by Subsection 48-54(c) takes effect on January 1, 2017.

(a) Education and outreach. The Executive must conduct an education and outreach campaign before and during implementation of the provisions of this Article. This campaign should include: (1) informational mailers to and direct contact with affected businesses; and (2) distribution of information through County internet and web-based resources; and (3) news releases and news events. (b) No later than 180 days after the effective date of this Act, the Executive must publish a list of vendors offering affordable compostable or recyclable disposable food service ware products. The Executive must review and update this list annually for at least 5 years after it is first published.

A person must not sell or offer for sale in the County: (a) polystyrene food service products; or (b) polystyrene loose fill packaging. (a) The prohibition on use of expanded polystyrene food service products contained in Section 48-53 and the prohibition on the sale of expanded polystyrene food service products and polystyrene loose fill packaging contained in Section 48-56 take effect on January 1, 2016.

If the Executive determines that there is no available affordable compostable or recyclable alternative to a disposable food service ware item, this item must be listed on an exemption list and made available to the public. Sections 48-53 and 48-54 do not apply to a disposable food service ware item on the exemption list or for the first 6 months after an item is removed from the list. The Executive must review and update the exemption list annually to determine whether any items should be removed because an affordable compostable or recyclable alternative has become available.

(a) Any violation of this Article is a class B civil violation. Each day a violation exists is a separate offense. (b) The County Attorney may file an action in a court with jurisdiction to enjoin repeated violations of the Section.

(a) In this Article, the following terms have the meanings indicated. (b) Terms defined. Balloon means an inflatable object: (A) manufactured from plastic, latex, rubber, or mylar; and (B) inflated with a gas that is lighter than air, such as helium. Balloon does not include a hot-air balloon. Department means the Department of Environmental Protection. Director means the Director of the Department or the Director’s designee. Person means a natural person, an organization, or a legal entity. Person includes the County and its agencies. Person does not include any other government or government agency.

(a) Except as provided in subsection (b), a person while in the County must not release or cause to be released a balloon into the air of the County. (b) This section does not prohibit the release of a balloon that is: (1) released unintentionally; (2) released by a minor child without the permission of an adult; (3) used for scientific or meteorological purposes; or (4) used solely indoors.

(a) The Director must conduct education and outreach regarding implementation of this Article. (b) The education and outreach should include: (1) direct contact with affected businesses and organizations; and (2) distribution of information through the County website.

(a) The Department must administer and enforce this Article. (b) A person who violates Section 48-60 is guilty of a Class A civil violation under Section 1-19. (c) Each release of 50 or fewer balloons at one time in violation of Section 48-60 is a separate civil violation. (d) Presumption of responsibility. There is a rebuttable presumption that the owner of private property from which a balloon is released in violation of Section 48-60 is responsible for the violation if the enforcement officer cannot determine which person released the balloon. (e) Regulations. The Executive may adopt regulations under Method (2) to administer and enforce this Article.

In this Article: Food service business means a full-service restaurant, limited-service restaurant, fast food restaurant, café, delicatessen, coffee shop, supermarket, grocery store, vending truck or cart, food truck, business or institutional cafeteria, including those operated by or on behalf of County departments and agencies, and other business selling or providing food within the County for consumption on or off the premises. Home compostable means a material that has the ability to completely biodegrade in an outdoor, non-industrial environment, leaving no toxic substances or residue. Home compostable includes products that meet the OK Compost Home certification standard adopted by Vincotte. Marine degradable means a material that has the ability to completely biodegrade under marine environmental conditions including marine waters or marine sediments, leaving no toxic substances or residue. Sec. 2. Effective Dates. Section 1 of this Act takes effect 12 months after this Act become law. Section 3 of this Act takes effect 91 days after this Act becomes law. Sec. 3. Transition Period. On or after May 1, 2021, a restaurant must not provide a straw to a dine-in customer except: (1) upon the request of the customer; or (2) in a self-service straw dispenser.

(a) Information posting required. A food service business must post information that: (1) plastic straws will no longer be provided to a customer, except as necessary to comply with local, state, or federal disability rights laws; and (2) the food service business will provide to a customer, upon request of the customer, a plastic straw to accommodate a medical or disability-related need of the customer, without requiring the customer to disclose any disability-related or medical information. (b) Certain straws prohibited. (1) Except as provided in subsection (c) a food service business: (A) must not provide a plastic straw to a customer; and (B) may provide a reusable, home compostable, or marine degradable straw to a customer only upon the customer’s request. (2) Reusable, home compostable, or marine degradable straws include straws made of paper, bamboo, silicone, or stainless steel. (c) Exemptions. (1) A food service business: (A) must keep a limited supply of plastic straws available to customers to comply with local, state, or federal disability rights laws; (B) must provide a plastic straw to a customer who requests one under this paragraph; and (C) must not inquire into the nature of the disability or medical information of the customer. (2) A food service business may provide a reusable, home compostable, or marine degradable straw: (A) in a self-serve straw dispenser; and (B) to a customer who is ordering food for carryout, delivery, or drive-thru sales. (3) If the Executive determines that there is no available home compostable alternative to a plastic straw for a particular use, the Executive may waive the requirements of this Section. The Executive may rescind any wavier granted under this Section when an acceptable alternative has become available. (d) Outreach and education campaign. The Department must implement a public outreach and education campaign before and during implementation of the provisions of this Article. In developing educational materials, DEP will consult with the Commission on People with Disabilities. Sec. 2. Effective Dates. Section 1 of this Act takes effect 12 months after this Act become law. Section 3 of this Act takes effect 91 days after this Act becomes law. Sec. 3. Transition Period. On or after May 1, 2021, a restaurant must not provide a straw to a dine-in customer except: (1) upon the request of the customer; or (2) in a self-service straw dispenser.

This Article may be known and cited as the “Bring Your Own Bag Act”.

For the purposes of this section the following words have this meaning: Department means the Department of Environmental Protection. Director means the Director of the Department or the Director’s designee. Plastic carryout bag means a plastic bag provided by a retail establishment to a customer at the point of sale, pickup, or delivery, including delivery by a third party to carry the purchased items and is not a reusable carryout bag. Plastic carryout bag does not include: (1) a plastic bag provided by a pharmacist that contains a prescription drug; (2) any newspaper bag or bag intended for garbage, pet waste, or yard waste; (3) a bag provided at the point of sale at a seasonal event, such as: (A) an occasional farmers market; (B) a full-time retail operation located on a farm; (C) a street fair; or (D) a yard sale; (4) a bag used to package bulk items, including fruit, vegetables, nuts, grains, candy, ice, or small hardware items; (5) a bag that contains hanging garments or dry-cleaned clothes, including suits, jackets, or dresses; (6) a bag or plastic bag sleeve used to contain or wrap a perishable item, including meat or fish, or unwrapped prepared foods or bakery goods; (7) a bag used to take live fish, insects, mollusks, crustaceans, or amphibians away from the retail establishment; or (8) a bag used to package items for the purpose of charitable distribution. Point of sale means the physical place where a customer executes payment for goods or services or receives goods or services. Restaurant has the same meaning stated in Section 52-77. Retail establishment has the meaning stated in Section 52-77. Reusable carryout bag means a reusable carryout bag with stitched handles specifically designed and manufactured for multiple reuses and is made of: (1) cloth or other washable fabric; or (2) a durable material suitable for multiple re-use that is not made of plastic film.

A retail establishment must not provide a plastic carryout bag to a customer, or a third party, for the purpose of carrying away or delivering goods or other materials from the point of sale.

(a) Civil citation. A retail establishment in violation of this Section is subject to a Class B civil citation, if: (1) an enforcement officer witnesses one or more plastic carryout bags provided to a customer at a single point of sale. (2) The distribution of one or more bags in connection with a single transaction constitutes a single violation. (b) Notice of violation. A penalty under subsection (a) may not be imposed unless a retail establishment: (1) is first issued a written notice of violation; and (2) fails to correct the violation within 7 days after receipt of the written notice. (c) Enforcement. The Department must enforce the provisions under this Section and may coordinate with other departments to address violations, as needed. (d) The County may seek injunctive or other appropriate relief from any court with jurisdiction against a retail establishment for any repeated violations of this Article.

The County Executive may adopt and establish regulations to implement and enforce this Article.