COMCOR 48.00.04. Solid Waste Collection and Disposal Districts

"Independent Collection Contractor" means any collector or hauler licensed under Chapter 48 to transport solid waste who has been authorized by agreement with the County to collect solid waste from single and double family dwelling units and multiple group dwellings with fewer than seven units within the collection and disposal district.

"Independent Collection Contractor Authorization" means the authorization of a collector or hauler to collect solid waste on behalf of the County from single and double family dwelling units and multiple group dwellings with fewer than seven units within the collection and disposal district pursuant to a Memorandum of Understanding entered into between the collector or hauler and the County.

"Solid Waste Management Charge" means solid waste disposal charge plus recycling charge and recycling collection charge.

"Transfer Station" means the Montgomery County Transfer Station located in Derwood, Maryland.

Subdistrict A consists of the collection and disposal district as it existed on March 31, 1993, and as may be amended from time to time as areas within the County are included in or excluded from Subdistrict A.

Subdistrict B consists of the remainder of the County, exclusive of municipalities, that is not included within Subdistrict A.

A map showing Subdistricts A and B is attached hereto as Exhibit A. Any changes to Subdistrict A or B must be reflected on maps maintained in the Department of Environmental Protection.

Within Subdistrict A the County must provide, or cause to be provided, collection services one or more times per week. If the County provides, or causes to be provided, collection services one time per week for solid waste that is to be disposed of, and a resident desires more frequent collection for disposal, the County may authorize Independent Collection Contractors to provide additional collection services on behalf of the County. The Independent Collection Contractor may then enter into an agreement with a resident for additional collection beyond that which is otherwise provided.

Within Subdistrict B the County must provide, or cause to be provided, collection services one or more times per week. The County may provide collection services through an Independent Collection Contractor. The Independent Collection Contractor may enter into agreements with residents within Subdistrict B.

Who may apply. Any company or person engaged in or to become engaged in the business of collecting solid waste as a licensed collector or hauler under Montgomery County Code 1984, as amended, section 48-19 may apply to be an Independent Collection Contractor. Only licensed collectors may be Independent Collection Contractors, provided that the person or company has not had a Memorandum of Understanding for Independent Collection Contractor Authorization terminated for default within the preceding twelve months and further provided that the collector is not in default of payment of any charges billed at the Transfer Station.

How to apply. To become an Independent Collection Contractor, a collector must submit to the Montgomery County Department of Environmental Protection a completed and executed Memorandum of Understanding for Independent Collection Contractor Authorization. The Memorandum of Understanding must not be modified unless such modifications have been approved by the Department of Environmental Protection and the County Attorney's Office. Upon execution of the Memorandum of Understanding by the Director of the Department of Environmental Protection, the collector will become an Independent Collection Contractor authorized to collect solid waste on behalf of the County from residences included in the Solid Waste Collection and Disposal District in accordance with the terms of the fully executed Memorandum of Understanding.

Effective Date. Effective August 31, 1993, any collector who desires to collect solid waste for disposal from residences within Subdistrict B of the Solid Waste Collection and Disposal District must submit an executed Memorandum of Understanding for Independent Collection Contractor Authorization.

Term. Provided that a collector is operating under a valid license issued under Montgomery County Code 1984 as amended, section 48-19, an Independent Collection Contractor Authorization is valid for one year from the date of execution of the Memorandum of Understanding by both the Independent Collection Contractor and the County, unless earlier terminated in accordance with the terms of the Memorandum of Understanding.