Subtitle 21. Refuse

As used in this Division and in Division 3 of this Subtitle:

Any person, prior to initiating any recycling facility or solid waste acceptance facility or other system for the collection, processing, or disposal of refuse or recyclable materials, or both, shall obtain a written license from the Department of the Environment. No such license shall be issued unless the issuance of such license is in conformity with the Zoning Ordinance of the County.

A special, limited license shall be issued for a sanitary landfill in which a single category or related categories of industrial refuse, only, shall be buried. This license will limit the burial of refuse in a sanitary landfill to such single category or related categories of industrial refuse, only, and will exclude the burial of commercial refuse, garbage, offal, rubbish, trash, or any other sort of refuse other than the specified category of industrial refuse, such as fly and bottom ash.

No person, except the employees of the County engaged in public work or persons under contract with the County for public work, shall engage in collection, transportation or disposal of refuse without a written license from the Department of the Environment.

The Director of the Department of the Environment may order that all persons dispose of solid waste solely at any of the approved solid waste acceptance facilities. Any such order may specify the type, quantity, and location of solid waste to be disposed of at solid waste acceptance facilities and such other limitations or specifications as the Director may determine. It shall be unlawful for any person to dispose of, dump, deposit, or leave any solid waste or recyclable material within the County, on public or private property, in violation of any order of the Director of the Department of the Environment.

This Section shall not apply to the following:

The applicant for a license for a new or existing recycling facility or solid waste acceptance facility or disposal system or for an extension or alteration of such existing facilities or disposal system shall submit complete plats drawn to scale showing the location of the area and specifications of the proposed method of operation to the Department of the Environment.

The applicant, in the case of a sanitary landfill operation, shall also submit a completion maintenance bond, cash or other security to warrant that the proposed fill will be maintained for a period of at least twelve (12) months following completion. The amount of this bond required shall be sufficient to cover cost of repair and maintenance and completion of a landfill during the licensed period.

Applications shall be reviewed by representatives of the Department of the Environment and the Health Department. Representatives from these Departments shall make inspections of the equipment, disposal site and other facilities and, provided the maintenance bond or other security is in order and if the Department of the Environment determines the engineering of the proposed system to be satisfactory and the Health Department finds the proposed system to be safe, sanitary and satisfactory, a refuse disposal license shall be issued by the Department of the Environment.

No license for a new recycling facility or solid waste acceptance facility or an extension of such existing facilities shall be issued by the Department of the Environment if the issuance of the license will, in the opinion of the Director of the Department of the Environment, violate any restriction on the issuance of licenses for solid waste acceptance facilities or recycling facilities contained in any trust agreement or solid waste or recycling contract entered into by the County pursuant to Section 21-137.04 or 21-137.06.

No solid waste or recyclable material shall be collected or transported within the County except by a collector or hauler licensed by the Department of the Environment.

Notwithstanding any other provision of this Subtitle to the contrary, an individual may transport his or her own household solid waste or recyclable material to an approved recycling facility or an approved solid waste acceptance facility in accordance with Section 21-109(f).

The applicant for a collection license shall submit to the Department of the Environment information on the number, type, make, age, and capacity in cubic yards and tonnage of vehicles proposed to be employed in collection service.

There shall be an inspection of solid waste collection equipment by the Health Officer. A collector's license shall not be issued unless the applicant successfully demonstrates to the Health Officer during an inspection that all collection equipment to be used by the applicant to perform solid waste collection and transportation services is safe and otherwise capable of satisfying the requirements for the collection and transportation of solid waste in the County.

Each collection license shall include the following conditions:

Any licensee who delivers solid waste or recyclable material to any facility or location other than an approved recycling facility or an approved solid waste acceptance facility is subject to revocation or suspension of its collection license as provided in Sections 21-110 and 21-111 and is also subject to the penalty for violations of this Subtitle as provided in Section 21-125.

No holder of a collection license may assign by contract or otherwise the obligations and responsibilities imposed by this Subtitle. If the licensee or any party acting on behalf of the licensee fails or refuses to collect, transport and dispose of such solid waste or recyclable material as required by this Subtitle, then Section 21-110 shall apply.

No sludge shall be transported in and through Prince George's County without the consent of the County Council and the County Executive of Prince George's County, Maryland, following the receipt of comments and recommendations from the Prince George's County Health Officer.

It shall be unlawful for trucks or any other vehicles to transport sludge from without the State of Maryland and/or Prince George's County to within Prince George's County unless authority has first been granted for such transport by the County Council and the County Executive of Prince George's County. The County Council and the County Executive shall have authority to set reasonable standards and conditions regulating the movement of sludge including the manner of its disposal, and to terminate and/or order corrections for any operations found to be in violation thereof.

The consent of the County Executive and County Council shall not be required under this Subsection for the transportation of sludge to any site meeting the following conditions:

All solid waste shall be transported over any public highway or street of the County only in vehicles equipped with covered watertight, leak-proof bodies, or in metal containers with tight-fitting covers. The Health Officer shall have the power and authority to establish standards for and inspect the vehicles that are used for the purpose of hauling solid waste. All collection vehicles shall be kept clean so as to minimize odor and prevent insect breeding and rodent feeding.

For each vehicle used in the collection or transportation of solid waste or recyclable material by a collection licensee, there shall be issued a registration card by the Department of the Environment which shall contain the name of the vehicle owner, the description and serial number of the vehicle and a refuse collection vehicle license number.

No solid waste collection vehicle shall be registered until inspected by the Health Officer and found to be in compliance with the requirements of this Subtitle.

Any vehicle found to be in an unsafe physical, mechanical, or sanitary condition is subject to the suspension or revocation of its registration in accordance with Sections 21-110 and 21-111. The Health Officer shall have the power and authority to establish additional standards for the inspection of vehicles used for the collection or transportation of solid waste, and the failure of a vehicle to satisfy such standards may result in the revocation or suspension of its registration in accordance with Sections 21-110 and 21-111.

The owner of each collection or transportation vehicle registered under this Section shall pay an annual registration and inspection fee established by regulation of the Department of the Environment from time to time for each vehicle registered.

No person may collect or transport solid waste or recyclable material in any vehicle that has not been registered in accordance with this Section, provided that an individual may transport his or her own household solid waste or recyclable material to an approved recycling facility or an approved solid waste acceptance facility in a vehicle equipped with a covered, water-tight, leak-proof body or in leak-proof plastic bags.

Any person subject to an order issued pursuant to Section 21-103.01 or 21-146 who transports solid waste or recyclable material to any facility for the acceptance or disposal of such material in violation of any order issued pursuant to Section 21-103.01 or 21-146 is subject to suspension or revocation of the registration of all vehicles owned or operated by such person in accordance with the revocation and suspension procedures set forth in Sections 21-110 and 21-111.

Vehicle registrations issued under this Section shall be valid for one (1) year and issued on a schedule established by the Director of the Department of the Environment.

The Health Officer or the Health Officer's agents, or a representative of the Department of the Environment, shall make such inspections of containers, vehicles, and other facilities used in the collection, storage, and disposal of solid waste as they deem fit. The Director of the Department of the Environment or his designee may inspect containers, vehicles, and other facilities used in the collection, storage, processing, and transporting of recyclable materials. If, in the opinion of the inspector, an applicant or any other person has violated any of the terms of the license or vehicle registration, this Division, or the regulations adopted pursuant to this Division, then the inspector shall inform the violator in writing of the nuisance, hazard, or violation that exists, and allow reasonable time to correct the violations.

If the violator fails to make the necessary corrections, then the Department of the Environment shall have authority to revoke or suspend any license or registration issued pursuant to this Division in accordance with Section 21-111. In addition, the Health Officer or agent or a representative of the Department of the Environment shall report any criminal violations of this Division to the State's Attorney's Office and any other violations to the County Attorney's Office for appropriate action.

The Director of the Department of the Environment may refuse to renew or may suspend or revoke any license or registration issued under this Subtitle in accordance with Section 21-111, or may take such other remedial action as he may deem necessary upon a finding that the holder of the license or registration has violated any provision of this Subtitle, including any order requiring the delivery of solid waste or recyclable material generated or to be disposed of in the County to an approved recycling facility or an approved solid waste disposal facility.

In addition to the other penalties provided for under this Subtitle, the license or registration of any person who violates the provisions of this Subtitle or the regulations promulgated hereunder may be suspended or revoked, or the renewal of such license or registration may be refused, in accordance with the following provisions:

For any violation which the Director of the Department of the Environment finds is a risk or threat of danger to the public health, safety, or welfare, the Director may either refuse to renew or may suspend or revoke a license or registration without following the procedures set forth in Subsection (a).

A written notice of warning or a written notice of revocation, suspension, or refusal to renew or other action affecting a license or registration must be mailed by certified mail or delivered in person to the address shown on the application, license, or registration. The notice must inform the applicant or the holder of the license or registration of a right to a hearing before the Director of the Department of the Environment or his designee. The holder of the license or registration must request a hearing under this Section within thirty (30) calendar days after the notice is issued. A request for a hearing does not stay the operation of the revocation, suspension, or other action taken by the Director of the Department of the Environment.

If public health or safety is in immediate danger, prior notice is not required but must be given as promptly as practicable.

After giving notice under Subsection (c), the Director of the Department of the Environment may revoke the registration of a vehicle owned or operated by the holder of a license found to be in violation of this Subtitle or the regulations promulgated hereunder until the holder of the license puts the vehicle in compliance with the provisions of this Subtitle or the regulations promulgated hereunder or otherwise corrects the violation. Except as provided in Section 21-105(e)(2), the revocation of the registration of a particular vehicle shall not otherwise affect the license issued under this Subtitle or the registration of complying vehicles owned or operated by the holder of the license.

If a license or registration of a person has been revoked, the holder of the license or registration is not eligible to apply for a new license or registration for a period of twelve (12) months from the date of revocation; provided, however, that the registration of a particular registered vehicle shall be reinstated immediately upon the correction of all violations with respect to such vehicle.

The Department of the Environment may designate any recycling facility or solid waste acceptance facility that is owned or operated by the County or by a contractor of the County pursuant to a solid waste or recycling contract as a County recycling facility or a County solid waste acceptance facility.

The Department of the Environment may designate any recycling facility or solid waste acceptance facility that is not owned or operated by the County or by a contractor of the County pursuant to a solid waste or recycling contract as a private recycling facility or private solid waste acceptance facility. The designation of any private recycling facility or private solid waste acceptance facility must be consistent with any restrictions contained in any trust agreement or solid waste or recycling contract entered into by the County pursuant to Section 21-137.04 or 21-137.06 and the County's obligations under the County's comprehensive solid waste management plan adopted in accordance with Section 9-505 of the Environment Article of the Annotated Code of Maryland. Designation of a facility as a private recycling facility or private solid waste acceptance facility does not create a contractual or agency relationship between the owner, operator, or user of the facility and the County. The County by such designation assumes no liability or responsibility for the operations of the facility or injuries or damages arising from, or as a result of, the design, construction, operation, or use of the facility or designation of the facility as a private recycling facility or a private solid waste acceptance facility.

All persons shall keep their premises free from accumulations of improperly stored refuse.

All garbage shall be stored in approved commercially available type containers with tight fitting lids.

The occupant of any premises shall be responsible for the sanitary condition of the premises occupied by him. No person shall place, deposit, or allow refuse to be placed or deposited on his premises, except as designated by the terms of this Division and in the regulations adopted pursuant to this Division. If the property is occupied by other than the owner, the tenant shall be responsible for the property assigned to him. The owner shall be responsible for the portions of the property not leased to the tenant and under his control.

The following requirements apply to curbside collection of trash and recyclable materials:

If a commercial property or multifamily rental facility receives two (2) violations within a twelve (12) month period, upon a third violation, the County shall fine an owner or other responsible party of a commercial property or multifamily rental facility, a minimum of One-Thousand Dollars ($1,000) for the third violation per commercial property or multifamily rental facility and an additional One-Thousand Dollars ($1,000) for each violation thereafter, per commercial property or multifamily rental facility, up to a maximum of Five-Thousand Dollars ($5,000), per commercial property or multifamily rental facility. For fining a multifamily rental facility, one violation may consist of the citation of more than one refuse container on the premises at the same period. Upon violation of Section 21-113 of this Subdivision, an agency may require that a commercial property or multifamily rental facility have an individual container locking mechanism as designated by the agency.

All collection vehicles shall be sufficiently watertight to prevent the loss of any liquid from waste matter.

All open type vehicles shall be covered between points of collection and place of disposal by heavy canvas or metal to preclude odors and refuse from escaping onto the streets and adjacent areas.

Collection points shall be left clean and free of debris, trash and other refuse after refuse is collected.

All collection vehicles shall be kept cleaned so as to minimize odor and prevent insect breeding and rodent feeding.

Any person who contracts to collect and dispose of refuse and garbage with any other person in this County shall be bound by the terms of his agreement and shall collect and dispose of the refuse and garbage. In the event one (1) of the contracting parties fails or refuses to collect and dispose of such refuse and garbage without a justifiable reason or excuse, then Section 21-111 shall apply. The Health Officer may revoke the general collection license of the violator if, in his opinion, revocation would promote the purpose and intent of this Division.

In special taxing areas and in special improvement districts and urban areas outside of incorporated municipalities, the County may collect refuse from single-residence dwellings; duplex residence dwellings and triplex residence dwellings. The County may contract with private individuals, associations and corporations in order to provide refuse collection service. The Department of the Environment shall be authorized to adopt regulations governing refuse collection services so long as the regulations comply with Section 21-120.

All garbage-feeding hog farms shall meet the minimum requirements, including pasteurization, of the State Board of Agriculture.

No garbage shall be fed to hogs except in concrete or other watertight containers. The feed containers shall be washed and cleaned at least once in every twenty-four (24) hours. No such feeding place shall be located closer than two thousand (2,000) feet of any residence, except the residence of the owner or tenant on such farm where feeding places are established, public highway or public building. Any residue in these containers for feeding purposes, and not devoured by the hogs, shall be disposed of by incineration, plowing under or burial within twenty-four (24) hours after any one (1) feeding.

The operation of open dumps is prohibited.

Any person disposing or contemplating the disposal of refuse by burying shall comply with the following requirements. Every sanitary landfill shall be located in an area at least 500 acres in size. Every sanitary landfill shall consist of a planned and systematic method of refuse disposal whereby the waste material is placed so that it is thoroughly compacted and covered at the end of each day's operation, with at least six (6) inches of compacted natural soil, earth, or other nonflammable, nonputrescible material acceptable to the Department of the Environment. A buffer of at least 500 feet between neighboring property lines and the outermost perimeter of landfill cells or a buffer of at least 750 feet between neighboring residences and the outermost perimeter of landfill cells, whichever is the greater, must be maintained. The buffer must contain appropriate screening, vegetation, berms, and fencing sufficient to substantially shield the landfill from view by surrounding residents. The Department of the Environment shall develop landfill site selection and screening criteria for the Council's adoption in the County's Comprehensive Ten Year Solid Waste Management Plan. These criteria may provide for variances from the strict application of the buffer and acreage requirements when site conditions warrant. When the fill is completed, a covering of at least twenty-four (24) inches of compacted natural soil, earth, or other nonflammable, nonputrescible material, acceptable to the Department of the Environment, shall be provided. In case of specialized sanitary landfills licensed for a specific industrial refuse disposal, the thickness and type of daily cover, frequency of application, the thickness of final covering of the completed fill, and the type of materials to satisfy both daily and final cover requirements, must be acceptable to the Department of the Environment. The completed sanitary landfill shall blend with the ground, shall not rise above the height of visual and noise buffers, shall not cause a dust nuisance, and there shall be no further use for disposal purposes after completion. Access shall be prohibited until further authorized construction begins.

Disposal by burial on owner's property shall be conducted subject to the approval of the Health Officer.

The acreage requirement and the buffer footage requirement set forth in this Section shall not be applicable to the designated sanitary landfill facilities contained in Chapter Four, Section II, A and B, of the FY 1992-2001 Comprehensive Solid Waste Management Plan as adopted by CR-44-1992.

It shall be unlawful for any person to drive a vehicle onto the premises of a sanitary landfill as defined in Section 21-101 of this Code for the purpose of dumping its load, unless the load is covered or secured as required by Sections 24-106, 24-106.01, or 24-106.02 of the Transportation Article of the Annotated Code of Maryland.

For the purposes of this Section, the term sanitary landfill shall include every sanitary landfill either licensed under the provisions of this Subtitle or operated by a public department, municipality, commission, district, or other governmental agency.

The County Council, after public hearings and due deliberation, makes the following legislative findings:

The Department of the Environment shall have the authority to make any regulations, provided such regulations will carry out and promote the intent and purpose as stated in Section 21-102. Such regulations shall be fair and reasonable, and the consent of the Council shall be obtained before such regulations are promulgated.

The Department of the Environment, before issuing any regulations, shall send a copy of the proposed regulations to all known interested governmental agents or participating parties who may have an interest in the proposed regulations. The Council shall publish notice of intent to issue regulations on a given subject matter in the authorized County newspapers for thirty (30) days prior to the issuance of the regulations. The Department of the Environment shall invite comments, ideas and suggestions, if any, but the Department shall have authority to make regulations so long as such regulations are made in compliance with Section 21-102 and this Section.

The County purchasing agent shall have the authority to award refuse collection contracts with the County. The following limitations shall apply to such contracts:

Notwithstanding the above, no contract shall be awarded which would result in any one company, corporation, firm, or individual having contracts for the collection, removal, and disposition of trash and garbage if the company, corporation, firm, or individual would thereafter be responsible for servicing more than twenty-five percent (25%) of all residences serviced through County refuse collection contracts. The definition of the words company, corporation, firm, or individual shall include all recognized subsidiaries of any company, corporation, firm, or individual awarded or currently holding a County refuse collection contract pursuant to this Subtitle.

Refuse collection contracts awarded under the provisions of this Subsection shall be deemed personal to the company, corporation, firm, or individual and shall not be transferred or delegated without the prior written consent of the Purchasing Agent.

Except with regard to waste stream control as provided in Sections 21-103.01 and 21-146, and sludge transport as provided in Section 21-108, incorporated municipalities existing in the County on September 24, 1967, are exempted from all provisions of this Division, including Section 21-109, provided such municipalities had an existing refuse collection or disposal system on the aforesaid date.

The Director of the Department of the Environment shall grant exemptions from the requirements of any order issued under Sections 21-103.01 and 21-146, on a first-come, first-served basis, for recyclable materials, excluding yard wastes, that are collected, processed, or disposed of under any program operated by, or on behalf of, any incorporated municipality upon the request of such incorporated municipality, provided that the total amount of such recyclable material for which exemptions are granted under this Section in any year shall not exceed 15,000 tons.

No person shall dispose of refuse transported from outside the County at any solid waste acceptance facility in the County which is owned or operated by the County.

No person shall dispose of refuse transported from outside the County at any solid waste acceptance facility in the County which is owned or operated by the Maryland-National Capital Park and Planning Commission.

There is hereby established a site development/environmental surcharge, payable to the County, for the purpose of funding acquisition, development, expansion, preservation, and maintenance of solid waste management sites and facilities in the County and costs associated with the environmental impact thereof and other public purposes related to the environmental improvement of the County.

This surcharge shall be set in accordance with the provisions of Section 21-137.01 of this Code.

The operator of each landfill shall collect the fees and transmit them to the County in accordance with such procedures as may be established by the Chief Administrative Officer.

No funds collected pursuant to this Section shall be expended for any purpose except those listed below:

The provisions of this Section shall not apply to rubble fills as defined in Section 21-126 or to landfills accepting only fly ash and/or bottom ash produced by a franchised utility serving Prince George's County.

The Commission shall have the power and duty to:

The Commission shall be composed of no less than nine (9) and no more than fifteen (15) members appointed by the County Executive and subject to the confirmation by the County Council. At least five (5) of the appointments, one of whom shall be designated as the vice chairman, shall be selected from a list of persons submitted by the County Council. One (1) ex-officio member may be appointed by the County Executive and one (1) ex-officio member may be appointed by the County Council. Members shall be selected so as to represent broad geographic areas of the County, the solid waste industry, business users, environmental, public health and civic community and the general public, at least one member shall be appointed from the communities surrounding the Brown Station Road landfill.

The term of office for each member shall be three (3) years.

The County Executive shall designate two (2) members to serve as chairman and vice chairman. The Commission members shall elect annually from their own membership such other officers as it deems necessary. Staff support shall be provided by the Department of the Environment.

As used in this Division:

The provisions of this Division are applicable to all persons and the obtaining of a license is a prerequisite to the lawful establishment, use and operation of a rubble fill site within the County, and irrespective of the point of origin or initial shipment of such rubble.

In addition, the licensing requirements of this Division are applicable:

The location of a rubble fill site shall be in conformity and accord with the County's Zoning Ordinance requirements for the operation of a sanitary landfill, including the requirement for a special exception permit.

Operation of the approved site shall not hinder the natural drainage pattern of the general vicinity. In instances where flood plains may exist on, or border upon the proposed site the effect of the proposed fill operation shall be determined by proper investigation and shown to be in compliance with applicable portions of Article 21 of the Building Code. Filling within the natural fifty year flood plain of streams whose ten (10) year storm design flow exceed the capacity of a seventy-two (72) inch pipe, shall not be permitted unless an approved flood control project is to be constructed using conduits or open channels having capacities greater than a seventy-two (72) inch pipe.

Engineering survey, including topography and determination of soil characteristics shall be made of each proposed site. Reports of such surveys will accompany applications for rubble fill licenses.

For the reason that the site of the completed rubble fill shall not be acceptable for any future building development, the property owner and prospective licensee shall be aware of the fact that future use of the site will be strictly confined to open space and recreational purposes.

The design of the proposed rubble fill accompanying an application for a license shall include one (1) or more topographic maps and development plans to a scale of not over two-hundred (200) feet to the inch with contour intervals of two (2) feet.

Such maps and plans shall include the following:

Applications for licenses to engage in the disposal of construction of demolition materials or both by the rubble fill method shall be made on forms provided by the Director of the Department of Environmental Resources.

Such applications shall be submitted to the Permit Division of the Department of Environmental Resources, accompanied by the following:

All licenses issued under this Division shall expire one (1) calendar year after date of issuance, and notwithstanding any permit obtained under the County's Zoning Ordinance.

Applications for license renewals shall be submitted to the Director of the Department of Environmental Resources, accompanied by the following:

Prior to initiation of rubble fill operations, all necessary site preparation work shall be accomplished to the satisfaction of the Department of Permitting, Inspections, and Enforcement and the Health Department. These requirements shall include, but not be limited to, access roads, gates, or barricades, fencing, necessary drainage, and where natural or existing ground slopes in the work areas are exceeding five (5) horizontal to one (1) vertical, benching or terracing the surface prior to placement of rubble fill.

Access to the site shall be limited and the gates and barricades shall open only when an attendant or operator is on duty. Gates and barricades shall be locked at all other times.

The operator shall conduct his operations in accordance with the approved design and development plans and specifications.

No rubble material including side slopes shall remain uncovered for more than seventy-two (72) hours from the time of deposit.

The licensee shall be ready and have suitable measures to control dust, acceptable to the Department of Permitting, Inspections, and Enforcement and the Health Officer, when dust conditions develop. When for any reason suitable measures are not taken when dust conditions develop, the licensee shall take such action when ordered, and under any circumstances not later than twenty-four (24) hours from a given order.

Upon completion of a rubble fill lift the entire surface or intermediate cover shall be inspected monthly and all cracked, eroded or uneven covers shall be repaired. Other temporary erosion control measures shall be taken, as appropriate, in accordance with Soil Conservation District specifications and standards.

Licensee shall be responsible and correct dust conditions, mud, spilled debris or disrupted pavement on adjacent roads or streets serving as access to the rubble fill, where these conditions are caused by trucks utilizing the fill site.

The burning of lumber, wood rubble and stumps shall be prohibited, except when specifically permitted in writing by the Health Department Air Pollution Control Officer, and the Fire Marshal.

Fire protection shall be provided under any or all of the following methods:

When the licensee states in writing to the Director of the Department of Permitting, Inspections, and Enforcement that he has completed the construction of the rubble fill, the following steps and measures shall be taken prior to a release from his obligations:

At the completion of fill operations, if the licensee shall perform all of his obligations under the requirements of the completion maintenance bond and as otherwise prescribed, the full amount of the bond will be returned to him twelve (12) months after completion of the fill, or a portion thereof accepted as completed, as applicable. If the licensee fails to fulfill his obligations, the County may use these funds to make all necessary maintenance repairs and do other work as necessary either by force account with its own personnel and equipment or by contract with an outside party, as the County deems most feasible. In such case the County will refund to the licensee any remaining balance after deducting all direct costs plus ten percent (10%) for overhead costs.

A plat of the completed rubble fill or such portions thereof as may be accepted as completed shall be filed with the Department of Permitting, Inspections, and Enforcement and the Department of Health.

The owner, general agent, contractor or lessee of any land or premises or part thereof where anything in violation of this Division shall be placed or deposited; any contractor who may be employed to assist in the commission of any such violation; and all persons, and corporations including officers thereof, participating in any such violation, or firms or partnerships who shall violate or maintain a violation of any of the provisions of this Division, or who shall fail to comply with such Division, or with a lawful order issued under such Division, or who shall conduct a rubble fill operation in violations of any statement of plans submitted and approved under this Division, shall for each violation or noncompliance be guilty of a misdemeanor. Upon conviction they shall be subject to the penalty provided in Section 1-123 of this Code.

The availability or possible, prospective application of such penalty shall not preclude the enforced removal, correction or abatement or prohibited uses or conditions through appropriate proceedings in a court of equity.

Recycling surcharges and environmental trust surcharges shall be set by action of the County Council; provided, however, that the rates may be adjusted by the Director of the Department of the Environment, during the course of the fiscal year, within limits established by the Council. All other rates, fees, and charges for the use of the County recycling and disposal system and services furnished or to be furnished by the County pursuant to this Subtitle shall be fixed from time to time by the Director of the Department of the Environment so as to provide funds which, together with other available amounts (including amounts available from recycling surcharges and environmental trust surcharges), will be at least sufficient at all times to pay when due:

The rates, fees, and charges above may be based on reasonable estimates of the costs of the County recycling and disposal system for the following year. The rates, fees, and charges shall be just and equitable and may be based upon the types of services furnished, the types or quantities of solid waste and recyclable material accepted, any other factor affecting the use of the services or facilities furnished, or any combination of the foregoing. Differential fees may be fixed to encourage recycling. The effective date of any change or revision in the rates, fees, or charges shall provide at least thirty (30) days to allow public and private agencies and organizations to make necessary billing adjustments.

The Director shall have no authority pursuant to this Section to establish rates or special assessments for the provision of municipal functions and services of recyclables collection, removal, disposition, and acquisition and operation of a site for the disposition of such recyclables, and garbage and trash disposition, and the acquisition and operation of a site or sites for the disposition of such garbage and trash provided within an Urban Area or Suburban Area, as provided by Subtitle 2, Division 22, of the Code.

Every person delivering solid waste or recyclable material to a County recycling facility or County solid waste acceptance facility shall be subject to solid waste disposal and recycling charges, if any, imposed under Section 21-137.01. All charges shall be paid at the time solid waste or recyclable material is delivered for processing or disposal to a County recycling facility or County solid waste acceptance facility, except as otherwise provided in this Section.

The County shall bill and collect all solid waste disposal and recycling charges imposed for the acceptance of material at the County recycling facilities and County solid waste acceptance facilities from business concerns, government agencies, and other persons to which credit has been extended pursuant to Section 21-138 based upon the material received for processing or disposal from those business concerns, government agencies, and other persons, as determined by records maintained by the Director of the Department of the Environment.

The County is authorized from time to time to borrow money to finance any costs relating to all or any portion of the County recycling and disposal system, including (without limitation) the costs of the design, acquisition, construction, equipping, installation, expansion, and improvement of any County recycling facility or County solid waste acceptance facility or other facility used or useful in the operation and maintenance of the County recycling and disposal system, and in connection therewith to issue revenue bonds, all of which shall be fully negotiable. Revenue bonds may be secured by:

The County Council shall adopt a resolution authorizing the issuance of any revenue bonds. The resolution shall:

The County Executive shall specify, prescribe, determine, provide for, or approve such matters, details, forms, documents, or procedures as the County Executive, within any limitations imposed by the resolution of the County Council adopted pursuant to Subsection (b), shall deem appropriate to the authorization, sale, security, issuance, delivery, or payment of or for any revenue bonds, including (without limitation) the following:

Any trust agreement entered into pursuant to this Section may contain such provisions as the County Executive shall deem reasonable and proper for the administration of revenue bonds and the security of the holders thereof within the limitations of any resolution of the County Council adopted pursuant to Subsection (b) and Section 21-137.06. No trust agreement or other instrument adopted or entered into by the County under this Subtitle need be filed or recorded except in the records of the County.

Revenue bonds, in addition to fixed rate, may be variable rate demand obligations, commercial paper, or other short-term obligations, including (without limitation) obligations that are required to be purchased or redeemed prior to stated maturity dates; may bear interest at variable rates established from time to time by a remarketing agent on the basis of current market conditions; and may be converted to bear interest at fixed or different variable rates upon certain conditions, all as determined by the County Executive.

The County Executive is authorized to take all actions and enter into all agreements necessary or appropriate for the establishment of any supporting credit or liquidity arrangement for any revenue bonds, including, but not limited to, a letter of credit, bond insurance policy, line of credit, revolving loan agreement, or remarketing agreement.

Revenue bonds shall be signed by the County Executive or such other officer of the Executive Branch as shall be designated by resolution of the County Council, and the seal of the County shall be affixed thereto and attested by the Clerk to the County Council or other officer of the County designated by resolution of the County Council. If any officer whose signature appears on any such bonds ceases to be such officer before delivery of such bonds, his or her signature shall nevertheless be valid and sufficient for all purposes, the same as if he or she had remained in office until delivery.

The County is authorized by resolution of the County Council, adopted in accordance with Subsection (b), to provide for the issuance of its revenue bonds for the purpose of refunding any outstanding revenue bonds or other obligations of the County issued to finance the costs of any portion of the County recycling and disposal system, including the payment of any redemption premium thereon and any interest accrued or to accrue to the date of retirement of such bonds or other obligations. The proceeds of any refunding revenue bonds may, pending their application in accordance with this Section, be invested and reinvested in such investments as shall be permitted for the investment of revenues of the County recycling and disposal system.

Any holder of a revenue bond or any trustee on its behalf, except to the extent the rights herein given may be restricted by a trust agreement entered into pursuant to Section 21-137.06, may protect and enforce any and all rights granted under the trust agreement, and may enforce the performance of all duties required by this Subtitle or the trust agreement to be performed by the County, including the fixing, charging, and collecting of rates, fees, and charges for the use of, or the services furnished by, the County recycling and disposal system.

Revenue bonds may be issued under the provisions of this Section without any other proceeding or the happening of any other condition or thing than those proceedings, conditions, or things which are specifically required by this Section.

The County may enter into one or more trust agreements securing revenue bonds and any multiyear solid waste or recycling contracts approved by the County Council in accordance with Section 819 of the County Charter. The trust agreement shall be approved by resolution adopted by the County Council and approved by the County Executive and may include, among others, the following provisions:

Credit shall be available to municipal corporations and to refuse collectors and business concerns, governmental agencies and other persons who use the County recycling and disposal system, who have been properly licensed and who have been approved by the Credit Officer.

The Credit Officer may, by regulation promulgated in accordance with this Division, require that, as a prerequisite for extension of credit, collateral shall be deposited with the Credit Officer in the form and amount required by the regulations.

There is hereby established a program for the separation, collection, and disposition of designated recyclable materials under the direction of the Director of the Department of the Environment.

The recycling program provides the opportunity for the voluntary source separation of designated recyclable materials from County facilities, single-family residences; condominiums; single and multifamily rental facilities; commercial establishments including, but not limited to, offices, stores, hotels, motels, gas stations, and restaurants; and industrial facilities including, but not limited to, factories, processing plants, and manufacturing enterprises.

The County shall have the authority to collect or to arrange for the collection of designated recyclable materials from all single-family households, single and multifamily rental facilities and condominiums in the unincorporated areas of the County through County-sponsored curbside collection programs or drop-off centers.

The goals of the Countywide voluntary recycling program established in this Division are to achieve a recycling rate in the County waste stream of at least forty-five percent (45%) by July 1, 2015; at least fifty-five percent (55%) by July 1, 2018; at least sixty (60%) by July 1, 2020.

If the goals of the Countywide voluntary recycling program as set forth in Subsection (d) above, have not been met, the Director shall develop a Countywide mandatory recycling program, including mandatory source separation, or propose additional policy changes for consideration by the County Council and the Solid Waste, Resource Management and Recycling Advisory Commission. The schedule for implementation for single and multifamily rental facilities and condominiums shall be consistent with the provisions of Section 21-149 of this Code and for commercial and industrial properties shall be consistent with the provisions of Section 21-149.1 of this Code.

Notification of the mandatory program shall be published in the County newspapers of record no later than thirty (30) days prior to implementation of the program.

All collectors or haulers licensed by the Department, pursuant to Section 21-105 of this Subtitle, and all solid waste or recycling contracts executed by the County, pursuant to Section 21-137.04 of this Subtitle, shall provide for an opportunity for recycling under this Subdivision or show evidence to the Director of an agreement or contract for providing recycling services through another entity.

The Director shall assist, as needed, with the Prince George's County Public School System recycling program and shall include information on the School System recycling program within requires State and County reports.

The Director shall implement a pilot food composting program in the County by July 1, 2014 and shall evaluate the food composting program for expansion on a County-wide basis by December 31, 2015. The Department shall expand the food scrap composting program to fully utilize the expansion of the Gore Composting System and the Organics Composting Facility.

The Director shall conduct a waste stream analysis of the waste stream to evaluate compliance with the requirements of this subdivision every three (3) years with relevant data included within and shall submit the waste stream analysis to the County Council prior to submitting or as part of any revisions to the Ten-Year Solid Waste Plan to be submitted to the Maryland Department of the Environment pursuant to Title 9, Subtitle 5, Environment Article, Annotated Code of Maryland.

As of January 1, 2014, the County's yard waste composting facility at Western Branch shall not accept yard waste in plastic bags.

All County offices and agencies shall participate in the County Office Recycling Program (CORP).

The Director shall include a report of the County Office Recycling Program (CORP) within the Annual Recycling Report detailing the amount of recyclables collected and compliance with the main components of the CORP program.

The Director shall work closely with the Prince George's County Public Schools, Prince George's County Memorial Library System, and the Department of Parks and Recreation to increase recycling and reduce contribution to the waste stream.

As used in this Division, the following words and phrases shall have the meanings respectively ascribed herein, except where the context clearly requires otherwise:

The Director may designate by regulation any or all designated recyclable materials or any portion thereof for source separation in a voluntary recycling program or a mandatory recycling program established pursuant to Section 21-142(e) of this Code.

At the discretion of the Director, the collection of designated recyclable materials may be phased in considering, among other things, area, material, class of dwelling unit or establishment, markets, processing facilities, and hauling contracts.

The Director may establish by regulation the methods of collection, marketing, and disposition of source-separated recyclable materials.

The Director shall have the authority to set the acceptance or disposal fee for any material being deposited at a solid waste processing, composting, or disposal facility either owned or operated by the County, or operated under contract for the County. The Director is further authorized to distinguish between incoming materials and to set differential fees to encourage recycling.

The Director shall have the authority to require any solid waste generator, collector, or recycler in the County to report the amount and types of designated recyclable materials processed, brokered, and/or marketed.

Upon the implementation of a mandatory recycling program pursuant to Section 21-142(e) of this Code, the Director may place the following restrictions on disposal at County landfill facilities:

Any ban on landfill disposal imposed by the Director may be on a seasonal, temporary, or permanent basis by individual load, by geographical area, or otherwise as the Director deems appropriate in order to establish effective recycling programs.

By July 1, 2014, licensees and owners of all single and multifamily rental facilities and condominiums shall provide an opportunity for tenants to voluntarily recycle designated recyclable material in a same manner as solid waste disposal, including convenient and assessable location with signage.

A homeowners or condominium association, property management company for such association, or their authorized agent may request reimbursement of the recycling surcharge paid by the association where the County does not provide recycling services and if the recycling is hauled to a collection facility in the County.

Licensees and owners of all single-family and multifamily rental facilities and condominiums may request technical assistance from the County for the preparation of recycling plans and the implementation of recycling programs.

An annual report which accounts for the amount of designated recyclable materials collected must be submitted by the licensees and owners of all multifamily rental facilities and condominiums to the Director on a schedule established by the Director and the report shall include the method of collection, the amount collected and the disposal method of the materials.

The Director is authorized to extend the date of compliance for operation of a voluntary recycling program if satisfactory progress has been made toward implementing their recycling program.

By July 1, 2019, the owners of commercial and industrial properties shall provide an opportunity at their properties and for all tenants, patrons, and customers to have access to exterior recycling collection receptacles and trash collection receptacles, including along store fronts, to voluntarily recycle designated recyclable materials. By July 1, 2019, business entities shall provide recycling receptacles in the interior of their business as trash receptacles are provided, for customers to voluntarily recycle designated recyclable materials. Property owners and/or businesses shall submit to the Director for approval a plan by July 1, 2019 or upon the request of the Director, or when there is a change in circumstances that will affect the substantive requirements of the plan. The plan shall demonstrate compatibility with the County's recycling programs. Each plan shall include at a minimum:

By July 1, 2019, owners of commercial and industrial properties shall provide at least equally sized and equally convenient recycling containers to accompany each trash container on the exterior of the property, including along store fronts. By July 1, 2019 businesses shall provide at least equally sized and equally convenient recycling containers to accompany each trash container on the interior of their stores and offices. Recycling containers shall be clearly marked. A list of categories that can be recycled shall be clearly displayed on or near the container.

Owners of commercial and industrial properties may request technical assistance from the County for the implementation of recycling programs and the preparation of recycling plans, if required. The Director shall provide assistance and best practice methods to commercial and industrial property owners or to their tenants or operators to increase recycling and to minimize their contribution to the waste stream. A template plan that also provides guidance shall be available to the owners of commercial properties or to their tenants or operators in the preparation of recycling plans.

An annual report which accounts for the amount of designated recyclable materials collected must be submitted by the owners of commercial and industrial properties to the Director on a schedule established by the Director and the report shall include the method of collection, the amount collected and the disposal method of the materials.

The Director is authorized to extend the date of compliance for operation of a voluntary recycling program if satisfactory progress has been made toward implementing their recycling program.

The recycling required under subsection (b) of this section shall be carried out in accordance with the Recycling Plan required under § 9-1703 of the Environment Article of the Annotated Code of Maryland.

A person that violates subsection (b) or (c) of this section is subject to a civil penalty in the amount of $500 for each day on which the violation exists.

An enforcement unit, inspector, officer, or official of the County may conduct inspections of a special event location to enforce subsection (b) and (c) of this section. Department of the Environment inspectors shall inspect at least twelve (12) special events each year to review for compliance with this section. Department of Permitting, Inspections, and Enforcement inspectors shall enforce the County's litter ordinance in at least twelve (12) special events each year.

At the discretion of the Director of the Department of the Environment, inspectors may issue warnings for a first time offense.

Any penalties collected under subsection (d) of this section shall be paid to the County and shall be deposited into the County's Solid Waste Fund.

Incorporated municipalities within the County are urged to provide their residents with the opportunity to participate in a recycling program for voluntary source separation of designated recyclable materials which is essentially equivalent to the voluntary County program set forth in this Division.

Any municipality in the County may make a written request to the Director to have the County collect designated recyclable materials source separated by solid waste collection service customers within the municipal boundaries.

Municipalities may also request grants from the County to assist in funding their recycling programs. Such grants, available from the proceeds of the recycling surcharge established pursuant to Section 21-155 of this Code, may be used for, but need not be limited to, collection of designated recyclable materials (if not provided for by the County), public education, program development, and maintenance. As a condition on the receipt of a grant, semiannual reports, which account for the amount of designated recyclable materials collected, must be submitted to the Director on a schedule established by the Director.

Any mandatory recycling program implemented pursuant to Section 21-142(e) of this Code shall be effective and apply throughout the County and in those incorporated municipalities which have not achieved the County's recycling goal.

A municipality which conducts its own recycling program shall be eligible to receive funding based on the actual cost saved by the County on a per-household basis by not having to provide the particular recycling programs within the municipality to those households being serviced. This level of funding shall not exceed the surcharge paid at County landfills by the municipality. The level of such funding shall be reviewed annually based on an evaluation of the municipal recycling plan, past and projected program performance, and actual County costs incurred or anticipated to be incurred. Payments to municipalities shall be made not more frequently than quarterly and shall be based on verifiable statistics submitted in support of the payment request. In determining the level of funding, the Director shall also evaluate the general effectiveness of the municipal program and its consistency with State and County requirements, goals, and programs.

Any person who violates Section 21-142(g), Section 21-147, Section 21-149 or Section 21-149.01 of this Code is deemed to have committed a civil violation and shall pay to the County a civil monetary fine as prescribed in this Section.

Each separate day of violation that remains uncorrected is a distinct civil violation subject to an additional citation and fine.

The civil monetary fine for each civil violation of Section 21-142(g), Section 21-147, Section 21-149 or Section 21-149.01 shall be One Hundred Dollars ($100.00), except as provided in Subsection (d) of this Section.

For a repeated civil violation, the following fines shall apply:

In addition to, and not in lieu of, any other penalties prescribed in this Section, any person who violates Section 21-142(g), Section 21-147, Section 21-149 or Section 21-149.01 of this Code is guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine not to exceed One Thousand Dollars ($1,000.00), or imprisonment not to exceed six (6) months, or both.

Any person who violates Section 2-384.01 and/or Section 21-113 of this Code is deemed to have committed a civil violation and is penalized as follows:

There shall be a recycling surcharge on each ton of refuse disposed of at any sanitary landfill site in the County, payable to the County, for the purpose of assisting with the recycling program of the County, including, but not limited to, funding, development, advertisement, and maintenance of County, municipal, multifamily, commercial, and industrial facility recycling programs and initiatives.

The recycling surcharge shall be set in accordance with the provisions of Section 21-137.01 of this Code.

The operator of each landfill shall collect the fees and transmit them to the County in accordance with such procedures as may be established by the Director.