# Division 3. County Collection, Recycling, or Disposal Facilities — Charges, Credit System, and Financing

Codified through Bill No. CB-018-2026, adopted May 12, 2026, effective July 24, 2026. Source: Municode, Supplement 2026 Update 2. Editorial notes and legislative history omitted.

## Division 3. County Collection, Recycling, or Disposal Facilities — Charges, Credit System, and Financing

### Subdivision 1. Solid Waste Disposal and Recycling Charges; Funds; Contracts

#### Sec. 21-137.01. Imposition; amount

Prince George's County, Md., Code § 21-137.01 (2026)

(a) 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:

  (1) The cost of operating, maintaining and repairing the County recycling and disposal system, including any reserves for such purposes and all amounts payable under solid waste or recycling contracts;

  (2) The principal of and premium (if any) and interest on all outstanding revenue bonds and deposits to reserves therefor;

  (3) An amount required to provide a margin of safety for making such payments; and

  (4) Any amount required to fulfill the terms of any trust agreement.

(b) 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.

(c) 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.

#### Sec. 21-137.02. Persons subject to charges

Prince George's County, Md., Code § 21-137.02 (2026)

(a) 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.

(b) 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.

#### Sec. 21-137.03. Default in payment

Prince George's County, Md., Code § 21-137.03 (2026)

Upon default by any person, company, or agency in the payment of any recycling or solid waste disposal and recycling charge or charges, any collateral posted in accordance with Section 21-138 shall be applied against the amount due and the licenses, permits, and registrations for, and the privileges of, collecting and transporting refuse or recyclable material in the County and utilizing the County recycling facilities and County solid waste acceptance facilities by all vehicles of the person, company, or agency in default may be suspended immediately, notwithstanding the provisions of Section 21-111 until such time as full payment, including interest and penalties, has been received by the County and collateral in the full amount required under Section 21-138 has been posted with the Director of the Department of the Environment.

#### Sec. 21-137.04. Contracts; appropriations

Prince George's County, Md., Code § 21-137.04 (2026)

Pursuant to Section 819 of the County Charter, the County may enter into any trust agreement as provided in Section 21-137.06.

### Subdivision 2. Revenue Bonds

#### Sec. 21-137.05. Authorization, issuance, and sale of revenue bonds; trust agreements

Prince George's County, Md., Code § 21-137.05 (2026)

(a) 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:

  (1) A pledge of the fees, charges, and other revenues received from, or in connection with, all or any portion of the County recycling and disposal system;

  (2) Except to the extent prohibited under any constitutional, statutory, or Charter provision, a mortgage or other encumbrance upon all or any portion of the County recycling and disposal system, excluding land; or

  (3) A combination of (1) and (2).

None of the revenue bonds shall be general obligations of the County or otherwise constitute a pledge of the faith and credit or the taxing power of the County, nor shall any revenue bonds constitute indebtedness of the County within the meaning of Section 5(P)(1) of Article 25A of the Annotated Code of Maryland or any other constitutional, statutory, or Charter provision limiting or restricting the sale or issuance of bonds, notes, or other obligations of the County, or requiring the computation of the aggregate indebtedness of the County.

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

  (1) Describe, generally, the system, project, or undertaking to be financed, in whole or in part, by any such bonds;

  (2) Specify the maximum principal amount of any such bonds;

  (3) Describe the security for any such bonds within the limitations of Subsection (a); and

  (4) Impose such terms or conditions on the issuance and sale of such bonds as the County Council deems appropriate.

(c) 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:

  (1) The dates of such bonds;

  (2) The maturities of such bonds, provided that no such bond shall mature later than forty (40) years from the date of its issue;

  (3) The rates of interest payable on such bonds, or the method of determining the same, and the date or dates of payment thereof;

  (4) The forms, denominations, manner of execution, and the place or places of payment of such bonds and of the interest thereon, which may be at any bank or trust company within or without the State of Maryland;

  (5) Terms for the redemption of such bonds before maturity, if any;

  (6) The security for such bonds;

  (7) Whether such bonds shall be sold at public or private (negotiated) sale; and

  (8) Provisions for the administration of such bonds, such as trust or other agreements with banks or trust companies or other fiscal agents.

(d) 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.

(e) 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.

(f) 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.

(g) 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.

(h) 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.

(i) 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.

(j) 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.

#### Sec. 21-137.06. Trust agreements

Prince George's County, Md., Code § 21-137.06 (2026)

(a) 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:

  (1) A pledge of all or part of the fees, charges, and other revenues received from, or in connection with, the County recycling and disposal system to the payment of revenue bonds and amounts due under multiyear solid waste or recycling contracts;

  (2) Provisions requiring the deposit of fees, charges, and other revenues received from, or in connection with, the County recycling and disposal system in a special fund and the establishment, maintenance, and use of reserves, sinking funds, and other special funds;

  (3) Provisions for the investment and reinvestment of the proceeds of any revenue bonds until used for the purposes for which the revenue bonds were issued, and for the disposition of any excess proceeds and the investment earnings thereon;

  (4) Rate covenants that require the fixing, charging, and collection of fees and charges for use of the County recycling and disposal system that provide revenues sufficient to pay the costs of operating, maintaining, and repairing the County recycling and disposal system, including any reserves for such purposes and all amounts payable under solid waste or recycling contracts, and the principal of, and premium (if any) and interest on, all outstanding revenue bonds and deposits to reserves therefor, and to cover the debt service requirements of the revenue bonds by an amount deemed appropriate;

  (5) Provisions for the collection, custody, investment, reinvestment, and use of revenues or other receipts, funds, or moneys pledged as security for any revenue bonds;

  (6) Limitations upon the issuance of additional revenue bonds as the County Council may deem proper;

  (7) Requirements that the County operate and maintain all or a portion of the County recycling and disposal system regardless of whether the fees, charges, and other revenues received from, or in connection with, the County recycling and disposal system are sufficient therefor;

  (8) Covenants for the establishment of maintenance and insurance requirements with respect to any facilities constituting all or a portion of the County recycling and disposal system;

  (9) A limitation on the County's power to sell or dispose of all or any part of the County recycling and disposal system;

  (10) A declaration that holders of obligations issued to finance costs of the County recycling and disposal system are third party beneficiaries of any particular solid waste or recycling contract;

  (11) A provision that the other party to any solid waste or recycling contract may assign its rights to a trustee for holders of obligations issued to finance costs of the County recycling and disposal system;

  (12) The establishment of priorities among obligations payable from the fees, charges and other revenues received from, or in connection with, the County recycling and disposal system;

  (13) Restrictions upon the power of the County to license persons under this Subtitle or designate solid waste acceptance facilities as approved solid waste acceptance facilities or recycling facilities as approved recycling facilities;

  (14) A covenant by the County to enforce its powers under this Subtitle and cause to be delivered all or a portion of the solid waste and recyclable material generated in the County to County solid waste acceptance facilities or County recycling facilities; and

  (15) A covenant by the County not to relinquish its powers concerning solid waste and recyclable material in a manner that would adversely affect its ability to generate sufficient revenues available to pay costs of the County recycling and disposal system and to meet the requirements of any trust agreement.

### Subdivision 3. Credit System

#### Sec. 21-138. Availability of credit; posting of collateral

Prince George's County, Md., Code § 21-138 (2026)

(a) 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.

(b) 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.

#### Sec. 21-139. Credit Officer; authority

Prince George's County, Md., Code § 21-139 (2026)

The Director of the Department of the Environment is appointed disposal facility Credit Officer. The Director is authorized to delegate his authority, subject to his supervision, to a member of his staff.

#### Sec. 21-140. Credit rules and regulations

Prince George's County, Md., Code § 21-140 (2026)

The Credit Officer is authorized to adopt credit methods of collecting revenues for the use of County operated disposal facilities and to adopt rules and regulations regarding the establishment, approval, maintenance and enforcement of credit applications.

#### Sec. 21-141. Membership in Credit Bureau

Prince George's County, Md., Code § 21-141 (2026)

The Credit Officer is authorized, in the name of the Council, to apply for membership in and services of a qualified credit agency, for the purposes of utilizing the investigation service of such agency. The Credit Officer is authorized to expend the necessary funds for payment of such service.