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<section heading="COMCOR 48.00.02 Control of Refuse Collection Noise">
  <regulation heading="COMCOR 48.00.02 Control of Refuse Collection Noise">
    <subsection heading="48.00.02.01 Definitions for the Purposes of this Regulation">
      <paragraph indent="3">A.   “Refuse Collector” means the owner and/or operator of a refuse collection vehicle or operation who collects refuse in Montgomery County, Maryland.</paragraph>
      <paragraph indent="3">B.   “Refuse Collection” means the operation whereby refuse is gathered and/or handled, by any means, placed and/or compacted in a refuse collection vehicle prior to disposal at an authorized location.</paragraph>
      <paragraph indent="3">C.   “Refuse Collection Vehicle” means any vehicle that can operate on public roads, and is used for the express purpose of transporting refuse from one location to another.</paragraph>
      <paragraph indent="3">D.   “Holiday” means the existing Federal holidays and any other holiday subsequently generated.</paragraph>
      <paragraph indent="3">E.   “Weekday” means any days other than Sundays or holidays.</paragraph>
      <paragraph indent="3">F.   “Refuse” means ashes, garbage, paper, paper products, rubbish, trash, junk, industrial wastes, plastics, glass, dead animals and all other solid waste materials, including salvable waste. It shall include but not be limited to combustible and non-combustible construction debris, trees, stumps, slash, metal, cans and all solid wastes generated by any or all public and private establishments and residences.</paragraph>
      <paragraph indent="3">G.   “Director” means the Director of the Department of Environmental Protection.</paragraph>
      <paragraph indent="3">H.   “Business Establishment” means any commercial, industrial, institutional or other non- residential use.</paragraph>
      <paragraph indent="3">I.   “Collection Point” means the point at which refuse is stored awaiting pick up.</paragraph>
    </subsection>
    <subsection heading="48.00.02.02 Control and Prohibition of Excessive Noise from Refuse Collection Vehicles and Operations">
      <paragraph indent="2">No refuse collector shall collect refuse in Montgomery County prior to 7:00 a.m. not continue collection operations after 9:00 p.m. on any weekday.  On Sundays or holidays, collection of refuse is prohibited prior to 9:00 a.m. and after 9:00 p.m.  The Director may waive these restrictions in the event of a civil emergency for a period of 72 hours or less.</paragraph>
      <paragraph indent="2">This regulation shall not apply to refuse collection from business establishments, provided that there are no occupied residential structures within 500 feet of the collection point.</paragraph>
    </subsection>
    <subsection heading="48.00.02.03 Penalty">
      <paragraph indent="2">Violations of this regulation shall be a misdemeanor, punishable under Section 48-30 or shall constitute cause for a suspension or revocation of the collector's license under Section 48-27 or both.  Either the licensed collector or the operator of any collection vehicle or both, may be charged hereunder.</paragraph>
    </subsection>
    <subsection heading="48.00.02.04 Effective Date">
      <paragraph indent="2">There is hereby declared to be an emergency with regard to establishing these regulations governing the control of refuse collection noise.  These regulations shall take effect immediately.</paragraph>
    </subsection>
  </regulation>
</section>