Agenda Item 5
Josh Hamlin, Legislative Attome
Bill 1-16, Solid Waste - I egal Dumping and Litter Control
enact Bill 1-16 with amendments.
Bill 1-16, sponsored by Lead Sponsors Councilmembers Navarro and Rice and Co
Sponsors Councilmembers Leventhal and Riemer, Council President Floreen, and
Councilmembers Katz, EIrich, Hucker and Berliner, was introduced on January 19, 2016. A public
hearing was held on February 9 and a Transportation, Infrastructure, Energy and Environment
(T&E) Committee worksession was held on March 10.
The T&E Committee, at its March 10 worksession, recommended (3-0) enactment of the
Bill with amendments to make the following changes:
1. Eliminate the use ofthe term "litter" in the Bill and retain language ("garbage or other solid
waste") in the existing law;
2. Delete certain vague and unnecessary terms;
3. Add a definition of "commercial gain;"
4. Include "commercial or industrial" property in the defmition of "public or private
5. Provide for a presumption ofowner's responsibility in cases where there is a violation from
a vehicle, and there is no way to determine the occupants of the vehicle;
6. Prohibit unauthorized disposal of garbage or other solid waste in another's container; and
7. ClarifY that nothing in Section 48-11, as amended, obviates the requirement that a person
have written consent to dispose of garbage in another's container.
Bill 1-16 would amend the existing County law prohibiting on the disposal of litter on
certain public and private property to provide additional penalties as authorized in a 2015
amendment to State law. State law generally prohibits littering on public and private property, and
authorizes municipal corporations to prohibit littering and treat violations as municipal infractions.
The State prohibition includes escalating criminal penalties based on the amount oflitter, and also
authorizes a court to award certain equitable relief. Prior to 2015, only Prince George's and Calvert
Counties were specifically authorized to impose criminal penalties and civil penalties up to the