Agenda Item 5
March 15,2016
Action
MEMORANDUM
TO:
FROM:
SUBJECT:
County Council
Josh Hamlin, Legislative Attome
rl
March 11,2016
Action:
Bill 1-16, Solid Waste - I egal Dumping and Litter Control
Environment
Committee
Transportation,
Infrastructure,
Energy
and
:
recommendation (3-0):
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
property; "
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.
Background
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
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specified criminal penalties and civil penalties under State law. Montgomery County was limited
to imposing penalties consistent with the authorization under Maryland Local Government Code,
§
10-202{b):
(1)
civil fines not exceeding $1,000; or (2) criminal fmes and penalties not exceeding
$1,000 and imprisonment not exceeding 6 months. Under the existing County law, illegal littering
is a Class A violation.
In
its 2015 session, the Maryland General Assembly enacted HB 106 (©13-14), that added
Montgomery County to the counties authorized to impose additional penalties up to those in the
State law. Bill 1-16 will implement that new authority, so that a violation of the County anti­
littering law will be punishable as follows:
(l)
a maximum civil fine of $500 for a first offense, and $1,000 for subsequent
offenses; or
(2) a criminal penalty as follows:
(A) disposal of litter in an amount not exceeding 100 pounds or 27 cubic feet
and not for commercial gain is a misdemeanor subject to imprisonment not
exceeding 30 days or a fine not exceeding $1,500 or both.
(B) disposal oflitter in an amount exceeding 100 pounds or 27 cubic feet, but
not exceeding 500 pounds or 216 cubic feet, and not for commercial gain is
a misdemeanor subject to imprisonment not exceeding 1 year or a fine not
exceeding $12,500 or both.
(C) disposal oflitter in an amount exceeding 500 pounds or 216 cubic feet or in
any amount for commercial gain is a misdemeanor subject to imprisonment
not exceeding 5 years or a fine not exceeding $30,000 or both.
(3) In addition to the above penalties a court may order a violator to:
(A) remove or render harmless the litter disposed of in violation of this section;
(B) repair or restore any property damaged by, or pay damages for, the disposal
of the litter in violation of this section;
(C) perform public service relating to the removal of litter disposed of in
violation of this section or to the restoration of an area polluted by litter
disposed of in violation of this section; or
(D) reimburse the State, the County, or a municipal corporation or bi-county
unit for its costs incurred in removing the litter disposed of in violation of
this section.
The existing County Code section that prohibits littering also prohibits the unauthorized
disposal of garbage or solid waste in a collector's! container. This prohibition is not included in
the State law, and thus not subject to the enhanced penalties now authorized. Bill 1-16 would
retain this prohibition, with violations as Class A violations, by adding a new section to separate
it from the general littering prohibition.
Public Hearing
A public hearing was held on February 9,
at
which there were no speakers.
"Collector" is defmed as "any person who contracts to collect and provide services for collection and/or transporting
the solid waste ofothers to its disposal site."
1
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Issues/Committee Recommendations
1.
Should the Bill be amended
as a
result of staff discussions with DEP?
Bill 1-16 is intended solely to implement new authority for the County to enact an anti­
littering and illegal dumping bill with escalating criminal penalties for larger scale violators, and
permitting a court to order certain equitable relief. The intent ofthe Bill is not substantively change
the existing County law that prohibits littering (Code
§
48-11), but merely to give the Department
of Environrnental Protection (DEP) an additional tool to enforce the law against those who dump
larger quantities of solid waste (which includes litter) in violation of the law. Standard
enforcement practices typically involve citations issued by the Police Department for individual
"littering" violations,
i.e.,
discarding small pieces of trash other than in a trashcan,2 and
enforcement action by DEP for larger scale violations, those involving medical waste, and
dumpsters (see ©IS).
Staffhas discussed the Bill with DEP's Division of Solid Waste Services, and as a result
of these discussions, recommends certain amendments, most of which are purely technical, that
will make it easier for DEP to enforce the law, and more closely track the language in the existing
County law. These recommended changes are discussed below.
3
Eliminate the use ofthe term "litter"
In the Bill, "litter" is defined as meaning "solid waste," which is defined in the existing
law. The use of the term litter was originally included in the Bill to make County law conform
more closely to State law, but DEP and Council staff believe this may cause confusion. Replacing
all references to litter with "garbage or other solid waste" would retain the terminology in existing
County law, but would be consistent with the State law definition of "litter."
Committee recommendations:
• Delete the definition of "litter" on line
58;
• Delete the words "Illegal dumping and litter control" on lines
143-144
and replace them
with "Unlawful disposal of garbage or solid waste;"
• Delete the words "Littering prohibited" on line
154
and replace them with "Prohibited
conduct;" and
• Replace references to "litter" with "garbage or other solid waste" in the purpose clause of
the Bill and on lines
155, 158, 162, 165, 166, 169, 190, 196,203,211,214,216,218,
and
223.
Officers responded to about 75 complaints relating to littering/dumping during 2015.
• Charges were issued in about 37 of these cases.
• Most charges were in the form ofcitations for state or county code violations.
• Most common violation was littering.
Officers also issued 46 traffic citations and 70 warnings for violating MD Code, Transportation Article section 21.111
(littering) during 2015.
3
Some of these recommended changes are also noted in the Bill review memorandum from the Office of the County
Attorney at
©
16-17.
2
3
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Delete vague and unnecessary terms
Bill 1-16, as drafted, borrows directly from the State anti-litter law. DEP has identified a
few terms which are vague and undefined, and are further not necessary for effective enforcement
of the law. These terms are "installed" on line 163 and "or render harmless" on line 200.
Committee recommendations:
Amend lines
165-167
asfollows:
Oi)
the [[litter]] garbage or other solid waste is placed into
[[litter]]
garbag~
~
or other solid waste receptacle or
container [[installed]] on the property.
Amend lines
211-212
asfollows:
(A) remove
[[Qr
render harmless]] the litter disposed of in violation
of this section;
Add a definition of "commercial gain"
The increased criminal penalties escalate based on the volume of litter or solid waste
disposed of in violation of the law. They also provide, as does State law, for maximum criminal
penalties for all violators who break the law for "commercial gain." DEP
has
noted that there is
no definition of "commercial gain" in the Bill,4 and that the absence of such a definition could
complicate enforcement.
Committee recommendation:
add the following definition of"commercial gain" after line 18:
Commercial gain
means compensation in money, servIces, or other
consideration.
Expand the definition of"public or private property" to include commercial and industrial property
Current County law includes commercial or industrial property as property on which
unauthorized disposal of solid waste is prohibited. The definition of "public or private property"
in the Bill includes residential and farm property, but does not include commercial or industrial
property. DEP recognized this as weakening the existing law.
Committee recommendation:
amend line
93
asfollows:
(9) residential, commercial. industrial. or farm property; or
4
"For commercial gain" is also undefmed in State law.
4
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Provide for a presumption of owner's responsibility in cases where there is a violation from a
vehicle, and there is no way to determine the occupants of the vehicle
DEP has indicated that it does not currently pull over vehicles for violation, although the
Police Department may do so. DEP does, however, occasionally get complaints of violations
where the license plate number of the vehicle is provided, but the occupants of the vehicle cannot
be determined. In these cases, DEP takes any enforcement action against the vehicle owner, and
has requested an amendment to expressly recognize this circumstance.
Committee recommendation:
amend lines
168-179
asfollows:
®
Presumption
gf
responsibility.
ill
If two or more individuals occupy
f!
vehicle from which litter is
disposed in violation of subsection
hl
and it cannot be
determined which occupant is the violator:
[[(1
)]]£Al
if present, the owner of the vehicle is presumed to
be responsible for the violation; or
[[(2)]]!1ll
if the owner of the vehicle is not present, the
operator is presumed to be responsible for the violation.
ill
If the occupants of a vehicle from which garbage or other solid
waste is dispQsed in violation of subsection cannot be
determined. the owner of the vehicle is presumed to be
responsible for the violation.
Correct a drafting error in new Section 48-11A to retain consistency with existing law, and revise
that Section to reflect the current reality of containers
As mentioned above, existing County Code section that prohibits littering also prohibits
the unauthorized disposal of garbage or solid waste in another's container. This prohibition is not
included in the State law, and thus not subject to the enhanced penalties now authorized. The Bill
adds a new
§
48-11A to retain this prohibition, with a violation being a Class A violation, while
separating it from the general littering prohibition with increased criminal penalties. As drafted,
the new
§
48-11A is entitled "Disposal of garbage or solid waste in a collector's container." DEP
has noted that the existing provisions, including the title of existing
§
48-11, pertain to "another's"
container rather than a collector's container," and that the Bill should be amended to remain
consistent with the existing law. DEP also has requested a substantive change to existing law to
reflect the reality that not all containers are no longer always maintained by a "collector on behalf
of another," as is referenced in the existing law. DEP has requested a change to make it a violation
5
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of the law to dispose of solid waste in the container of another without proper authorization,
regardless of whether that container is owned, rented or maintained by a collector.
Committee recommendations:
Amend line
229
as follows:
4S-11A. Disposal of garbage or solid waste in
!!
[[collector's]] another's
container.
Amend lines
232-233
asfollows:
for storage of solid waste owned, rented by or maintained by [[f! collector on behalf
ofJ] another without first obtaining written consent from the owner or rightfully
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.
DEP expressed concern that there was a lack ofconsistency with the provision at lines 162­
163, which excludes garbage or solid waste placed into a receptacle or container from constituting
a violation of Section 48-11, and the provisions of new Section 48-11 A, which would now contain
the existing law's prohibition on disposing of garbage or solid waste in another's container without
written consent. Staff recommends the following to clarify that nothing in Section 48-11 negates
the requirements of Section 48-11A.
Committee recommendations:
Add a new subsection
48-11
(e) after line 224:
uu
Nothing in this section authorizes a person to deposit or dispose of
garbage or other solid waste in another's container without written
consent or personal direction required under Section 48-11A.
2.
What is the fiscal and economic impact of the Bill?
OMB and Finance have not yet prepared a fiscal and economic impact statement for Bill
51-15. We expect to receive it later this week (see ©18). However, given that the Bill does not
call for any additional enforcement, or substantively alter what constitutes a violation, Council
staff would not expect the Bill to have a significant fiscal impact to implement. Considering that
it authorizes greater monetary penalties in certain circumstances,
it
is conceivable that it may have
a positive fiscal impact.
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3.
Should the Bill be enacted?
Bill 1-16 is limited in scope in that it would only provide for increased penalties and
remedies in certain instances where the County law regarding disposal of solid waste is violated.
It
simply would provide another enforcement tool to DEP, and may deter large scale violators or
those who are violating the law for commercial gain from violating the law in the ftrst place.
Committee recommendation:
approve the Bill with the amendments recommended above.
1bis packet contains:
Bill 1-16
Legislative Request Report
HB 106
DEP Solid Waste Case Data, FY 12 - FY 15
County Attorney's Bill Review Memorandum
County Executive's Statement on Bi111-16
FEIS Extension
Circle
#
1
12
14
16
17
19
20
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Bill No.
1-16
Concerning: Solid Waste -
Illegal
Dumping and Litter Control
Revised: March 10,2016 Draft NO.l
Introduced:
January 19, 2016
Expires:
July 19, 2017
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ _ __
Sunset Date: -'N:..:.;o=n=e_ _ _ _ __
Ch. _ _, Laws of Mont. Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
Lead Sponsors: Councilmembers Navarro and Rice
Co-sponsors: Councihnembers Leventhal and Reimer, Council President Floreen, and
Councilmembers Katz, Eirich, Hucker, and Berliner
AN
ACT to:
(1) prohibit the disposal of [[litter]] garbage or other solid waste on certain public and
private property;
(2) provide penalties for violations
in
accordance with State law; and
(3) generally amend the County law regarding Solid Waste.
By amending
Montgomery County Code
Chapter
48,
Solid Waste (Trash)
Sections
48-1
and
48-11
By adding
Montgomery County Code
Chapter
48,
Solid Waste (Trash)
Section
48-11A
Boldface
Underlining
[Single boldface brackets]
Double underlining
[[Double boldface brackets]]
* * *
Heading or defined term.
Added to existing law by original bill
Deletedfrom existing law by original bill.
Added by amendment.
Deletedfrom existing law or the bill
by
amendment.
Existing law unaffected by bill.
The County Council for Montgomery County, Maryland approves the following Act:
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BILL
No.
1-16
1
2
3
Sec 1. Sections 48-1 and 48-11 are amended as follows:
48-1. Definitions.
In this Chapter, the following words and phrases have the following meanings:
Base solid waste management services[:Those]
means those solid waste
management services that benefit all generators of solid waste and all persons who
collect, store, transport, or otherwise handle solid waste.
Base systems benefits charger:
The] means the portion of the systems benefit
charge which covers all or a portion of the costs of base solid waste management
servIces.
Bi-county unit
means:
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5
6
7
8
9
10
11
12
13
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15
ill
ill
the Maryland-National Capital Park and Planning Commission; or
the Washington Suburban Sanitary Commission.
Collection contractor[:
A] means
~
private company under contract with the
County to provide solid waste collection services to dwelling units with less than 7
units within the Solid Waste Collection Districts.
Collector[:
Any] means any person who contracts to collect and provide
services for collection and/or transporting the solid waste of others to its disposal
site.
Commercial gain
means compensation m money, servIces, or other
consideration.
Director[:
The] means the Director of the Department of Environmental
Protection, or the Director's designee.
[Director ofFinance:
The Director of Finance or the Director's designee.]
Director ofFinance[:
The] means the Director of Finance or the Director's
designee.
Disposal refuser:
All] means all solid waste which is acceptable for disposal,
as designated in executive regulations adopted by the County Executive pursuant to
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BILL
No. 1-16
28
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Section 48-6 of this Chapter, which is delivered to a County solid waste acceptance
facility for disposal by the County.
Dumpster[:
A}
means
~
container for solid waste collection or storage with a
31
32
volume at least 90 gallons or one-half cubic yard.
Dwelling unit[:
A}
means
~
building or part thereof arranged or designed for
33
34
occupancy by not more than one family for living purposes and having cooking
facilities.
Garbage[:
All} means all organIC waste materials resulting from the
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36
preparation, cooking, handling or storage of food.
Generator[:
The] means the owner or occupant of any dwelling unit where
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solid waste is generated, and the owner or occupant of any other business, entity or
institution at, from, or by which solid waste is generated.
Hauler[:
Any] means any person operating a commercial business or engaged
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44
in any enterprise regularly generating solid waste which requires collecting and
hauling to an approved point of disposal, when such collecting and hauling is done
by the person generating such material in his own vehicles or in vehicles leased for
the purpose, in lieu of having a licensed collector perform this service.
Incremental solid waste management services[:
Those} means those solid
45
46
47
waste management services that benefit some but not all generators of solid waste
or some but not all persons who collect, store, transport, or otherwise handle solid
waste.
Integrated solid waste management system[:
The} means the County's system
48
49
50
of managing solid waste as that system is revised from time to time in the County's
Comprehensive Solid Waste Management Plan. The system may include all aspects
of solid waste management and handling, including any waste reduction program,
recycling program or facility, disposal program or facility, and any other program
related to the collection, management and disposal of solid waste.
F:ILA
51
52
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BILL
No.
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Incremental systems benefit charger:
The] means the portion of the systems
benefit charge which covers all or a portion of the costs of incremental solid waste
management services.
[[Litter
means solid waste.)]
Medical waste[:
Waste] means waste, sometimes classified as "special,"
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64
"hazardous," "contaminated," "infectious," etc., including utensils, bandages,
containers or any other material issuing from all human patient care, diagnosis and
surgical areas; animal bedding and feces; disposable laboratory equipment, and their
contents; materials resulting from and/or exposed to infectious animal care and
laboratory procedures; a1l disposable needles and syringes; all other disposable
materials from out-patient areas for human and animal patients, where presence of
pathogenic organisms are diagnosed or suspected.
Medical/pathological waste generator[:
Any] means any hospital, laboratory,
65
66
67
68
69
clinic, institution, medical building, physician's office or any other point of origin
where medical/pathological wastes are produced.
Medical/pathological waste incinerator[:
Any] means any incinerator located
70
71
72
73
on the premises of a medical/pathological waste generator which is designed and
constructed to be used exclusively for the disposal of medical and/or pathological
wastes.
Motor vehicle administration[:
The] means the motor vehicle administration,
74
75
76
Department of Transportation, for the State of Maryland.
Pathological waste[[:
Waste]] means waste, some of which may be
77
considered infectious, including human or animal organs or body parts, carcasses
and similar organic waste from hospitals, laboratories, animal pounds,
slaughterhouses or other similar sources.
Person[:
The] means the County or any agency or institution thereof, public
78
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81
or private corporation, individual, partnership or other entity, including any officer
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BILL
No. 1-16
82
or governing or managing body of any public or private corporation.
Public or private property
means:
83
84
85
86
87
88
89
90
91
92
93
94
ill
ill
ill
ill
the right-of-way of
~
road or highway;
~
body of water or watercourse or the shores or beaches of
~
body of
water or watercourse;
~
~
~
park;
parking facility;
playground;
ill
®
ill
ill
(2l
public service company property or transmission line right-of-way;
~
building;
or conservation or recreation area;
~
refuge
residential. commerciaL industrial. or farm property; or
Q.Q2
timberlands or
~
forest.
Slant-sided refuse container[:
"Slant-sided refuse container"] means a metal
receptacle with a top surface area greater than the bottom surface area and having an
internal volume greater than one cubic yard which temporarily receives and holds
refuse for ultimate disposal either by unloading into the body or loading hopper of a
refuse collection vehicle or by other means.
Sludge[:
Residual] means residual materials, usually in a highly concentrated
form, which result from the treatment of sewage and/or water, including industrial
and domestic wastewater; such residue may include but is not limited to digested,
undigested, dewatered and underwatered residuals.
Solid waste[:
A1l1
means all waste materials. and debris, including any
garbage, sludge, medical/pathological waste, debris from building construction,
ashes,
junk,
industrial waste, dead animal, salvable waste, dead or felled tree,
uprooted tree stump, slash, tree limb, bush, plant, leaves, grass, garden trimmings,
street refuse, abandoned vehicle, machinery, bottle, can, waste paper, cardboard,
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BILL No. 1-16
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sawdust and slash from sawmill operations, and any other waste materials. Solid
waste also includes any automobile, truck, box, container, tire, appliance, furniture,
or recreational equipment that is in a state ofdisrepair or disfunction, unless the item
is awaiting removal or being repaired or renovated for the personal use of the owner
or occupant and the repair, renovation or removal is completed within 30 days. Solid
waste also includes any recyclable solid waste.
111
112
113
114
115
Solid waste acceptance facility[:
Any] means any state-approved sanitary
landfill, central processing facility, transfer station, medical/pathological waste
incinerator or any other type of plant the primary purpose of which is for the
disposal, treatment or processing of solid waste.
116
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122
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124
125
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127
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131
Solid waste acceptance feel:
The] means the charge established for use of the
County solid waste acceptance facilities.
Solid waste collection charger:
A]
means!! charge established for the service
of collecting solid waste in a Solid Waste Collection District.
Solid waste collection districts[:
Special] means special service districts
established from time to time, consisting of certain areas of the County as defmed
on maps in the office ofthe Director, in which solid waste is collected by the County
or its contractor.
Solid waste charger:
A] means.!:! charge established for use of County solid
waste acceptance facilities for disposal, recycling, or otherwise processing or
handling of solid waste.
Solid waste management district[:
A]
means a special servIce district
consisting of all of Montgomery County.
132
133
134
Solid waste management service[:
Any] means any service provided by or on
behalfofthe County to plan, implement, or administer any part ofan integrated solid
waste management system.
135
Systems benefit charger:
An] means an annual service charge reflecting all or
~
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BILL
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a portion of the cost to the County of providing base and incremental solid waste
management services.
Tax biU[:
The] means the real property tax bill prepared by the Director of
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Finance as collector of State and County taxes and sent to all persons against whom
State and County real property taxes are assessed.
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143
*
*
*
48-11. [Dumping garbage or solid waste on land of anther, or into another's
container(s), or upon any public highway; penalty] [[Illegal dumping and litter
control]] Unlawful disposal
of garbage
or solid waste.
144
145
146
[It
shall be unlawful for any person to throw, dump or deposit any garbage or other
solid waste upon the land or property of another or into the approved container(s)
for storage of solid waste owned, rented by or maintained by a collector on behalf
of another without written consent first having been obtained from the owner or
rightfully intended user thereof, or under the personal direction of such owner or
rightfully intended user, or to throw, dump or deposit any garbage or other solid
waste upon any public highway of the county; and any violation ofthis section shall
be punished as a class A violation as set forth in section 1-19 of chapter 1 of the
County Code.]
147
148
149
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151
152
153
154
155
156
157
ill
[[L ittering prohibited
]]
Prohibited conduct.
A person must not:
ill
dispose of [[litter]] garbage or other solid waste on
~
highway or
violate State vehicle laws regarding disposal of litter, glass, and
other prohibited substances on highways; or
158
159
ill
dispose
Qb
or cause or allow the disposal
Qb
[[litter]] garbage or
other solid waste on public or private property unless:
160
161
ill
the property is designated
Q:y
the State,
~
unit of the State,
or
~
political subdivision of the State for the disposal of
162
[[litter]] garbage or other solid waste and the person is
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BILL No. 1-16
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authorized by the proper public authority to use the
property; or
(ii)
the [[litter]] garbage or other solid waste is placed into
~
[[litter]] garbage or solid waste receptacle or container
[[installed]] on the property.
!hl
Presumption gfresponsibility.
ill
If two or more individuals occupy
~
vehicle from which [[litter]]
garbag~
or other solid waste is disposed
in
violation of subsection
lli
and it cannot be determined which occupant is the violator:
[[(l)]]CA)
ifpresent, the owner ofthe vehicle is presumed to be
responsible for the violation; or
[[(2)]]{lll
ifthe owner ofthe vehicle is not present, the operator
is presumed to be responsible for the violation.
ill
If the occupants of a vehicle from which garbage or other solid
waste is disposed in violation of subsection cannot be determined.
the owner of the vehicle is presumed to be responsible for the
violation.
178
179
180
181
182
183
184
185
186
187
188
189
ill
Property owner not in court.
Notwithstanding any other law, ifthe facts
of
~
case in which
~
person is charged with violating this Section are
sufficient to prove that the person is responsible for the violation, the
owner of the property on which the violation allegedly occurred need
not be present at
~
court proceeding regarding the case.
@
Penalty.
A person who violates this Section is subject to the following
penalties:
ill
ill
~
maximum civil fine of $500 for
~
first offense, and $1,000 for
subsequent offenses; or
~
criminal penalty as follows:
F:\LACEdLS\160l Solid Waste- mega!
Dumping
And LitterControl\BilI3.Docx
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BILL
No. 1-16
190
191
192
193
194
195
196
197
198
199
200
201
202
203
204
205
206
207
208
209
210
211
212
213
214
215
216
®
A person who disposes of [[litter]] garbage or other solid
waste in violation of this Section in an amount not
exceeding 100 pounds or 27 cubic feet and not for
commercial gain is guilty of
~
misdemeanor and on
conviction is subject to imprisonment not exceeding 30
days or
~
fine not exceeding $1,500 or both.
illl
A person who disposes of [[litter]] garbage or other solid
~~
in violation of this Section in an amount exceeding
100 pounds or 27 cubic feet, but not exceeding 500 pounds
or 216 cubic feet, and not for commercial gain is guilty of
~
misdemeanor and on conviction is subject to
imprisonment not exceeding
1
year or
~
fine not exceeding
$12,500 or both.
(g
A person who disposes of [[litter]] garbage or other solid
waste in violation of this Section
in
an amount exceeding
500 pounds or 216 cubic feet or in any amount for
commercial gain is guilty of
~
misdemeanor and on
conviction is subiect to imprisonment not exceeding
l
years or
~
fine not exceeding $30,000 or both.
ill
In addition to the penalties provided under paragraphs
ill
and
ill
of this subsection,
~
court may order the violator to:
®
remove [[or render harmless]] the [[litter]] w,rbage or
other solid waste disposed of in violation of this Section;
illl
repair or restore any property damaged
~
or
~
damages
for, the disposal of the [[litter]] garbage or other solid
waste in violation of this Section;
(g
perform public service relating to the removal of [[litter]]
F:\L{l{LS\I601 Solid Waste -lllega] Dumping And Litter Control\BiII3.Docx
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BILL
No.
1-16
217
218
219
220
221
222
223
224
225
226
227
228
229
230
231
232
233
234
235
garbage or other solid waste disposed ofin violation ofthis
Section or to the restoration ofan area polluted
.by
[[litter]]
garbage or other solid waste disposed ofin violation ofthis
Section; or
ill)
reimburse the State, the County, or
!!
municipal
corporation or bi-county unit for its costs incurred in
removing the [[litter]] garbage or other solid waste
disposed of in violation ofthis Section.
W
Nothingin this Section authorizes a person to deposit or dispose of
wbage or other solid waste in another's container without written
consent or personal direction required under Section 48-11A.
Sec 2. Section 48-11A is added as follows:
48-11A. Disposal of garbage or solid waste in
!!.
[[collector's]] another's
container.
A person must not dispose of garbage or solid waste in an approved container
for storage of solid waste owned, rented
.by
or maintained
.by
[[!!
collector on behalf
ofl] another without first obtaining written consent from the owner or rightfully
intended user, or under the personal direction of the owner or rightfully intended
user.
Approved:
236
237
Nancy Floreen, President, COlUlty COlUlcil
238
Approved:
Date
239
Isiah Leggett, COlUlty Executive
Date
F:~LS\1601
Solid Waste - Illegal Dumping And Litter Control\BilI 3.Docx
Q
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BILL
No.
1-16
240
This is a correct copy ofCouncil action.
241
Linda M. Lauer, Clerk of the Council
Date
F:\LA
~LS\1601
Solid Waste - mega! Dumping And Litter Contro)\Bill3.Docx
1i"1'
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LEGISLATIVE REQUEST REPORT
Bill 1-16
Solid Waste -lllegal Dumping and Litter Control
DESCRIPTION:
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.
Illegal dumping and littering on public and private property is a
persistent problem for which the standard authorized penalties for a
municipal infraction are inadequate.
Implement authority granted by the Maryland General Assembly to
authorize additional penalties and relief for violations of the County
anti-littering law.
Department of Environmental Protection
To be requested.
To be requested.
To be requested.
To be researched.
Josh Hamlin, Legislative Attorney
To be researched.
PROBLEM:
GOALS AND
OBJECTIVES:
COORDINATION:
FISCAL IMPACT:
ECONOMIC
IMPACT:
EVALUATION:
EXPERIENCE
ELSEWHERE:
SOURCE OF
INFORMATION:
APPLICATION
WITHIN
MUNICIPALITIES:
PENALTIES:
(1)
(2)
Under the provisions of Bill 1-16, a violation of the County anti­
littering law will be punishable as follows:
a maximum civil fine of$500 for a first offense, and $1,000 for subsequent
offenses; or
a criminal penalty as follows:
(A) disposal of litter in an amount not exceeding 100 pounds or 27 cubic
feet and not for commercial gain is a misdemeanor subject to
imprisonment not exceeding 30 days or a fine not exceeding $1,500
or both.
(B) disposal oflitter in an amount exceeding 100 pounds or 27 cubic feet,
but not exceeding 500 pounds or 216 cubic feet, and not for
commercial gain is a misdemeanor subject to imprisonment not
exceeding 1 year or a fine not exceeding $12,500 or both.
@
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(3)
disposal of litter in an amount exceeding 500 pounds or 216 cubic
feet or in any amount for commercial gain is a misdemeanor subject
to imprisonment not exceeding 5 years or a fine not exceeding
$30,000 or both.
In
addition to the above penalties a court may order a violator to:
(A) remove or render harmless the litter disposed of in violation of this
section;
(B) repair or restore any property damaged by, or pay damages for, the
disposal of the litter in violation of this section;
(C) perform public service relating to the removal of litter disposed of in
violation of this section or to the restoration of an area polluted by
litter disposed of in violation of this section; or
(D) reimburse the State, the County, or a municipal corporation or bi­
county unit for its costs incurred in removing the litter disposed of in
violation of this section.
(C)
F:\LAW\BILLS\l601 Solid Waste - Illegal Dumping And Litter Control\LRR.Docx
2
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LAWRENCE
J.
HOGAN,
JR.,
Governor
Chapter 67
(House Bill 106)
AN ACT concerning
Ch.67
Montgomery County - Illegal Dumping and Litter Control Law - Adoption of
Local Ordinance
MC 11-15
FOR the purpose of authorizing the governing body of Montgomery County to adopt a
certain ordinance to prohibit littering and to impose certain criminal and civil
penalties; and generally relating to the Illegal Dumping and Litter Control Law.
BY repealing and reenacting, without amendments,
Article - Criminal Law
Section 10-110(£)(1), (2), and (3)
Annotated Code of Maryland
(2012 Replacement Volume and 2014 Supplement)
BY repealing and reenacting, with amendments,
Article - Criminal Law
Section
10-HO(j)
Annotated Code of Maryland
(2012 Replacement Volume and 2014 Supplement)
SECTION
1.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article - Criminal Law
10-110.
(f)
(1)
A person who violates this section is subject to the penalties provided
in this subsection.
(i)
A person who disposes of litter in violation of this section in an
(2)
amount not exceeding 100 pounds or 27 cubic feet and not for commercial gain is guilty of
a misdemeanor and on conviction is subject to imprisonment not exceeding 30 days or a
fine not exceeding $1,500 or both.
A person who disposes of litter in violation of this section in an
amount exceeding 100 pounds or 27 cubic feet, but not exceeding 500 pounds or 216 cubic
feet, and not for commercial gain is guilty of a misdemeanor and on conviction is subject to
imprisonment not exceeding 1 year or a fine not exceeding $12,500 or both.
(ii)
-1­
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Ch.67
2015 LAWS OF MARYLAND
(iii) A person who disposes of litter in violation of this section in an
amount exceeding 500 pounds or 216 cubic feet or in any amount for commercial gain is
guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 5 years
or a fine not exceeding $30,000 or both.
(3)
In addition to the penalties provided under paragraph (2) of this
subsection, a court may order the violator
to:
(i)
this section;
(ii)
repair or restore any property damaged by, or pay damages for,
the disposal of the litter in violation of this section;
(iii) perform public service relating
to
the removal of litter disposed
of in violation of this section or to the restoration of an area polluted by litter disposed of in
violation of this section; or
(iv) reimburse the State, county, municipal corporation, or bi-county
unit for its costs incurred in removing the litter disposed of in violation of this section.
(j)
(1)
remove or render harmless the litter disposed of in violation of
The legislative body of a municipal corporation may:
(i)
prohibit littering; and
(ii)
classify littering as a municipal infraction under Title 6 of the
Local Government Article.
(2)
The governing bodies of Prince George's County [and], Calvert County,
AND
MONTGOMERY COUNTY
may each adopt an ordinance
to
prohibit littering under
this section and, for violations of the ordinance, may impose criminal penalties and civil
penalties that do not exceed the criminal penalties and civil penalties specified in
subsection (f)(1) through (3) of this section.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2015.
Approved
by
the Governor, April 14, 2015.
-2­
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DEP Solid Waste Case Statistics
Public . Residential
Total
Property
Cases
Property
385
212
113
87
352 I
206
377
224
85
448
296
J
73
Commercial
Farm
Property
Property
18
2
12
5
4
19
I
33
5
Medical
Waste
0
0
3
7
No
Dumping
Sign
Request
21
I
22
20
11
Year
I FY15
FY14
I
FY13
FY12
I
Dumpster
19
20
22
23
Total Cases: total number of complaints and requests for service received.
Public Property: total number of illegal dumping complaints on public property.
Residential Property: total number of illegal dumping complaints on residential property.
Farm Property: total number of illegal dumping complaints on agricultural property.
Commercial Property: total number of illegal dumping complaints on commercial property.
Medical Waste: total number of complaints involving dumping of medical waste.
Dumpster: total number of complaints of illegal dumping into a private dumpster.
No Dumping Sign Request: total number of requests to have a No Dumping Sign installed.
DEP Solid Waste Enforcement Actions Statistics
r
Year
FY15
FY14
FY13
FY12
I
I
I
I
I
Total Actions
45
80
40
87
Civil Citations
0
2
0
I
11
I
NOV's
8
8
14
36
Written Warnings/
Notices
37
70
16
40
i
NOV/s: Notices of Violation
Note: The total number of enforcement actions is significantly less than the total number of cases due
to the fact that in the majority of cases it is not possible to determine the source of the illegally dumped
material(s).
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':,1
i"
Isiah
Leggett
County Executive
Marc P. Hansen
County Attorney
OFFICE OF THE COUNTY ATTORNEY
MEMORANDUM
January 27, 2016
To:
Daniel E. Locke, Chief
Division of Solid Waste Services
From: Terrilyn Brooks
~~
Associate CountyXd6mey
Via: Edward Lattner, chief'iO'I-­
Division of Government Operations
Re:
Bi111-16, Solid Waste -illegal Dumping and Liter Control
The County Executive's Office has requested that this office forward you our comments
concerning Bill 1-16. The proposed legislation seeks to address litter and illegal dumping in the
County. The bill would amend Chapter 48 of the County Code by adding the definitions of"Bi­
county unit," "Litter," and "Public or private property," replacing Section 48-11, and adding
Section 48-11A to specify the law's objectives. Under the proposed legislation, illegal dumping
and littering on public or private property would become violations ofthe County Code and
punishable by fines and/or imprisonment. This legislation also provides an option for a violator
to perform restitution through removal of the litter, restoration of affected property, or
reimbursement for the cost ofremoval.
Having reviewed Bill 1-16, I find that the legislation as introduced, appears sound and
does not conflict with any provisions under state law.. However, I do recommend that the
definition of litter be clarified. Equating the defurition of litter with the definition of solid waste
is ambiguous because solid waste by itself is not litter unless it is not properly containerized for
disposal or recycling. Additionally, although this legislation intends to make it illegal to litter on
both private and public property, proposed Section 48-1 1(a) line 160 only mentions "public
authority." There are also some vague provisions in this legislation and are set forth
in
the
following lines of the bill:
101 Monroe Street, Rockville, Maryland 20850-2580
(240) 777-6700
-'lTD
(240)
777-2545 • FAX (240) 777-6705
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I
i.
. i
Daniel
E.
Locke
January 27,2016
Page 2
~ine
163 of the bill- «installed" does it mean a pennanent fixture;
• Line 183 ofthe bill- word choice "commercial gain" - what if the violator was a
resident and not a business- financial gain;
• Line 200 of the bill what is meant by "render harmless;" and
• Line 212 of the bill part ofthe title "collector's container" - collector is a defined term.
Is this new section removing the ability of the County from charging an individual with a
litter violation ifthe litter is placed in someone else's container who is not a "collector"
but a resident.
If you have any questions regarding this memorandum, please
call
me at (240) 777-6794.
cc:
Bonnie Kirkland, Office of the County Executive
Marc P. Hansen, County Attorney
Josh Hamlin, Legislative Attorney
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OFFICE OF TIlE COUNTY BXECt.mvE
ROCKVILLE, MARYLAND 208S0
Isiah
Leggett
County Executive
Statement of County Executive Isiah Leggett
Bill 1-16, Solid Waste, megal Dumping and Litter Control
February 9, 2016
Council Bill 1-16 addresses the issues of littering and illegal dumping of waste. The Bill
proposes to amend Chapter 48 of the County Code to increase the, civil fines that can be levied,
and also proposes new criminal penalties of fines andlor imprisonment, for littering and illegal
dumping. The bill also provides an option for a violator to perform restitution through removal
of litter, restoration of affected property. or reimbursement for the cost of litter removal. I
support proposed Bill 1-16 with a number ofamendments.
First and foremost, the enforcement provisions, whether civil or criminal, must be applied
in each case so
that
they are appropriate to the offense or violation of law. I also request that a
number of amendments be made to Bill 1-16 prior to approval, including clearer definitions for
both littering and illegal dumping, elimination ofthe distinction between public or private
property, and clarification that illegal dumping and littering are prohibited.
In
addition, I would
like to see amended language in the bill that addresses the presumption of responsibility, as well
as the fact that refuse and recycling containers can be owned not
just
by coJIectors, but also by
other parties. The County Attorney's Office has also reviewed the Bill and has recommended
several amendments.
Executive staff and I look forward to working with the County Council on these
amendments.
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ROCKVILLE,
MARYlAND
MEMORANDUM
Febuary 24,2016
TO:
FROM:
Nancy Floreen, President, County Council
ndo B
Jennifer A. Hughes, Director, Office of
Joseph F. Beach, Director, Department
ofFinance':k"~
t"
[
'--.....,J­
Managem~.n~.,.~.n ~Udgeif
. .
!Jr.
SUBJECT:
J
FElS Extension for BiIl1-16, Solid Waste - megal Dumping and Litter Control
As required by Section 2-81A of the County Code, we are informing you that
transmittal of the fiscal and economic impact statements for the above referenced legislation will be
delayed because more time is needed to coordinate with the affected departments, collect information,
and complete our analysis. We will transmit the statements no later than March 10,2016
JAH:fz
cc: Bonnie Kirkland, Assistant Chief Administrative Officer
Lisa Austin, Offices of the County Executive
Joy Nurmi, Special Assistant to the County Executive
Patrick Lacefield, Director, Public Information Office
Joseph F. Beach, Director, Department of Finance
Alex Espinosa, Office of Management and Budget
Matt Schaeffer, Office of Management and Budget
Naeem Mia, Office of Management and Budget
(~