T&E Item 1
March 10,2016
Worksession
MEMORANDUM
March 8, 2016
TO:
FROM:
SUBJECT:
Transportation, Infrastructure, Ene¥Fgy
an Environment Committee
Josh Hamlin, Legislative Attorney
Worksession:
Bill 1-16, Solid Waste
.
Illegal Dumping and Litter Control
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.
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 the
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 fmes not exceeding $1,000; or (2) criminal fines 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:
(1)
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 of litter 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
 PDF to HTML - Convert PDF files to HTML files
(3)
a misdemeanor subject to imprisonment not exceeding 1 year or a fine not
exceeding $12,500 or both.
(C) 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 fme 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.
The existing County Code section that prohibits littering also prohibits the unauthorized
disposal of garbage or solid waste in a collector'sl 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.
Issues
for Committee Discussion
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 Environmental 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 ©15).
"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."
2
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 of citations 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.
2
1
 PDF to HTML - Convert PDF files to HTML files
Staff has 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 of the term "litter"
In the Bill, "litter" is defined as meaning "solid waste," which is defmed 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 staffbelieve 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."
Council staff recommendations:
• Delete the definition of "litter" on line 56;
• Delete the words "Illegal dumping and litter control" on lines 141-142 and replace them
with "Unlawful disposal of garbage or solid waste;"
• Delete the words "Littering prohibited" on line 152 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 153, 154, 156, 160,162, 165, 181, 186, 192,200,203,204,206, and
210.
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.
Council staff recommendations:
Amend lines
162-163
asfollows:
(ii) the litter is placed into
f!
litter receptacle or container
[[installed]] on the property.
Amend lines 200-201 as follows:
CA)
remove [[or render harmless)) the litter disposed of in violation
of this section;
3
Some of these recommended changes are also noted
in
the Bill review memorandum from the Office ofthe County
Attorney at ©16-17.
3
 PDF to HTML - Convert PDF files to HTML files
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.
Council staff recommendation:
add the following definition of "commercial gain" after line 18:
Commercial gain
means compensation
consideration.
III
money. servIces. or other
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.
Council staff recommendation:
amend line
91
as follows:
(9)
residential", commercial. industrial. or farm property; or
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 ofthe vehicle
DEP has indicated that it does not currently pullover 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.
Council staff recommendation:
amend lines 164-170 as follows:
(hl
Presumption gfresponsibility.
ill
If two or more individuals occupy
~
vehicle from which litter is
disposed in violation of subsection
.cru.,.
and it cannot be
determined which occupant is the violator:
[[(1)]](AJ ifpresent, the owner of the vehicle is presumed to
be responsible for the violation; or
[[(2)]]Qll if the owner of the vehicle is not present, the
operatof is presumed to be responsible for the violation; Of
4
"For commercial gain" is also undefined
in
State law.
4
 PDF to HTML - Convert PDF files to HTML files
ill
If the occupants of a vehicle 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 ofexisting § 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
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.
Council staff recommendations:
Amend line
212
as/allows:
48-11A. Disposal of garbage or solid waste in a [[collector's]] another's
container.
Amend lines
214-215
as/allows:
for storage of solid waste owned, rented
Qy
or maintained
Qy
[[~
collector on behalf
ofl] another without first obtaining written consent from the owner or rightfully
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.
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.
5
 PDF to HTML - Convert PDF files to HTML files
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 first place.
Council staff recommendation:
approve the Bill with the amendments recommended above.
This packet contains:
Billl~16
Legislative Request Report
HB
106
DEP Solid Waste Case Data, FY 12 FY 15
County Attorney's Bill Review Memorandum
FEIS Extension
Circle
#
1
11
13
15
16
18
F:\LAW\BILLS\1601 Solid Waste -lIlegal Dumping And Litter Control\T&E Memo.Docx
6
 PDF to HTML - Convert PDF files to HTML files
Bill No.
1-16
Concerning: Solid Waste
Illegal
Dumping and Litter Control
Draft No.
L
Revised: March 2, 2016
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: Councilmembers Leventhal, Reimer, Council President Floreen and Councilmembers
Katz, EIrich, Hucker and Berliner
AN
ACT
to:
(1)
prohibit the disposal of litter 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 48-11 A
Boldface
Underlining
[Sil1gle boldface brackets]
Double undedining
[[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 Councilfor Montgomery County, Maryland approves the following Act:
 PDF to HTML - Convert PDF files to HTML files
BILL
No.
1-16
1
2
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 sen'ices[:Those]
means those solid waste
3
4
5
6
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
7
8
charge which covers all or a portion of the costs of base solid waste management
servIces.
Bi-county unit
means:
9
10
11
12
ill
ill
the Maryland-National Capital Park and Planning Commission; or
the Washington Suburban Sanitary Commission.
13
14
Collection contractor[:
A] means
f!
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
15
16
17
18
services for collection and/or transporting the solid waste of others to its disposal
site.
Director[:
The] means the Director of the Department of Environmental
19
20
21
22
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
23
24
designee.
Disposal refuser:
All] means all solid waste which is acceptable for disposal,
25
26
as designated in executive regulations adopted by the County Executive pursuant to
Section 48-6 of this Chapter, which is delivered to a County solid waste acceptance
facility for disposal by the County.
F:\LAW\BlLLS\1601 Solid Waste· llIega! Dumping And
Litter
ControI\BiII 2.Docx
27
 PDF to HTML - Convert PDF files to HTML files
BILL No. 1-16
28
Dumpster[:
A] means
f!
container for solid waste collection or storage with a
29
30
31
32
33
volume at least 90 gallons or one-half cubic yard.
Dwelling unit[:
A] means
f!
building or part thereof arranged or designed for
occupancy by not more than one family for living purposes and having cooking
facilities.
Garbage[:
All] means all organIc waste materials resulting from the
34
35
36
37
preparation, cooking, handling or storage of food.
Generator[:
The] means the owner or occupant of any dwelling unit where
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
38
39
40
41
42
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
43
44
45
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
46
47
48
49
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.
Incremental systems benefit charger:
The] means the portion of the systems
50
51
52
53
54
benefit charge which covers all or a portion of the costs of incremental solid waste
Q)
Control\Bi1l2.Docx
F:\LAW\BILLS\1601 Solid Waste - mega] Dumping And Litter
 PDF to HTML - Convert PDF files to HTML files
BILL No. 1-16
55
management services.
Litter
means solid waste.
Medical waste[:
Waste] means waste, sometimes classified as "special,"
56
57
58
59
60
"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; all 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.
Medicallpathological waste generator[:
Any] means any hospital, laboratory,
61
62
63
64
65
66
clinic, institution, medical building, physician's office or any other point of origin
where medical/pathological wastes are produced.
Medicallpathological waste incinerator[:
Any] means any incinerator located
67
68
69
70
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,
71
72
73
Department of Transportation, for the State of Maryland.
Pathological waste[[:
Waste]] means waste, some of which may be
74
75
76
77
considered infectious, including human or animal organs or body parts, carcasses
and similar organic waste from hospitals,
slaughterhouses or other similar sources.
Person[:
The] means the County or any agency or institution thereof, public
laboratories, animal pounds,
78
79
or private corporation, individual, partnership or other entity, including any officer
or governing or managing body of any public or private corporation.
Public or private property
means:
Control\BiII2.Docx
80
81
o
F:ILAW\BILLS\1601 Solid Waste -llIega!
Dumping
And Litter
 PDF to HTML - Convert PDF files to HTML files
BILL
No. 1-16
82
83
84
85
86
87
88
ill
ill
ill
ill
ill
®
ill
(ID
(2}
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;
public service company property or transmission line right-of-way;
£!
building;
£!
refuge or conservation or recreation area;
89
90
91
residential or farm property; or
timberlands or
£!
forest.
92
93
94
95
am
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.
96
97
98
99
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.
100
101
102
103
104
105
106
107
108
Solid waster:
All] 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,
sawdust and slash from sawmill operations, and any other waste materials. Solid
waste also includes any automobile, truck, box, container, tire, appliance, furniture,
Control\8i11 2.Docx
CD
F:\lAW\BILLS\1601 Solid Waste - mega)
Dumping
And
Litter
 PDF to HTML - Convert PDF files to HTML files
BILL
No. 1-16
109
110
111
112
113
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 ofthe owner
or occupant and the repair, renovation or removal is completed within 30 days. Solid
waste also includes any recyclable solid waste.
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.
114
115
116
117
Solid waste acceptance feel:
The] means the charge established for use of the
County solid waste acceptance facilities.
118
119
Solid waste collection charge[:
A] means!! charge established for the service
of collecting solid waste in a Solid Waste Collection District.
120
121
Solid waste collection districts[:
Special] means special service districts
established from time to time, consisting of certain areas of the County as defined
on maps in the office ofthe Director, in which solid waste is collected by the County
or its contractor.
122
123
124
125
Solid waste charge[:
A] means!! charge established for use of County solid
waste acceptance facilities for disposal, recycling, or otherwise processing or
handling of solid waste.
126
127
128
129
Solid waste management district[:
A] means !! special servIce district
consisting of all of Montgomery County.
130
131
132
Solid waste management service[:
Any] means any service provided by or on
behalf ofthe County to plan, implement, or administer any part of an integrated solid
waste management system.
133
Systems benefit charge[:
An] means an annual service charge reflecting all or
a portion of the cost to the County of providing base and incremental solid waste
management services.
134
135
(j)
Control\BilI2.Docx
F:\LAW\BILLS\1601 Solid Waste· illegal Dumping And Litter
 PDF to HTML - Convert PDF files to HTML files
BILL
No.
1-16
136
137
13 8
139
140
141
142
Tax bill[:
The] means the real property tax bill prepared by the Director of
Finance as collector of State and County taxes and sent to all persons against whom
State and County real property taxes are assessed.
*
*
*
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.
[It
shall be unlawful for any person to throw, dump or deposit any garbage or other
143
144
145
146
147
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 of this section shall
be punished as a class A violation as set forth in section 1-19 of chapter 1 of the
County Code.)
(ill
148
149
150
151
152
Litteringprohibited.
A person must not:
153
154
155
ill
dispose of litter on
~
highway or violate State vehicle laws
regarding disposal of litter, glass, and other prohibited
substances on highways; or
156
157
158
ill
dispose
m:.
or cause or allow the disposal
m:.
litter on public or
private property unless:
ill
the property is designated
Qy
the State,
~
unit of the State,
or
159
160
a
political subdivision of the State for the disposal of
litter and the person is authorized
Qy
the proper public
authority to use the property; or
(ii)
Control\BilI2.Docx
161
162
the litter is placed into
a
litter receptacle or container
(?)
F:\LAW\BILLS\1601 Solid Waste -mega! Dumping And Litter
 PDF to HTML - Convert PDF files to HTML files
BILL No. 1-16
163
164
165
166
167
168
169
170
171
172
173
174
175
176
177
178
179
180
181
182
183
184
installed on the property.
(hl
Presumption gf responsibility.
If two or more individuals occupy
~
vehicle from which litter is disposed in violation of subsection
lli1
and
it cannot be determined which occupant is the violator:
ill
ill
ifpresent, the owner ofthe vehicle is presumed to be responsible
for the violation; or
ifthe owner ofthe vehicle is not present, the operator is presumed
to be responsible for the violation.
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:
A person who disposes of litter in violation ofthis 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
~
fme not exceeding $1,500 or both.
CA)
185
186
187
an
A person who disposes of litter in violation ofthis Section
in an amount exceeding 100 pounds or 27 cubic feet, but
not exceeding 500 pounds or 216 cubic feet, and not for
commercial gam
1S
188
189
guilty of
~
misdemeanor and on
Control\BilI2.Docx
CD
F:\LAW\BILLS\1601 Solid Waste - mega! Dumping And Litter
 PDF to HTML - Convert PDF files to HTML files
BILL
No.
1-16
190
191
192
conviction is subject to imprisonment not exceeding 1 year
or
~
fine not exceeding $12,500 or both.
(Q
A person who disposes oflitter 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
193
194
195
196
197
198
199
200
~
subject
to
imprisonment not exceeding
exceeding $30,000 or both.
years or
£!
fine not
ill
In addition to the penalties provided under paragraphs
ill
and
ill
of this subsection,
~
court may order the violator to:
®
remove or render harmless the litter disposed of in
violation of this section;
201
202
203
an
(Q
repair or restore any property damaged
~
or M damages
for, the disposal of the litter in violation of this section;
perform public service relating to the removal of litter
disposed orin violation ofthis section or to the restoration
of an area polluted
Qy
litter disposed of in violation of this
section; or
204
205
206
207
208
209
210
211
@
reimburse the State, the County, or
g
municipal
corporation or bi-county unit for its costs incurred
in
removing the litter disposed of
in
violation of this section.
Sec 2. Section 4S-11A is added as follows:
4S-11A. Disposal of garbage
Q!
solid waste in! collector's container.
212
213
A person must not dispose of garbage or solid waste in an approved container
for storage of solid waste owned, rented
Qy
or maintained
Qy
~
collector on behalf
of another without first obtaining written consent from the owner or rightfully
intended user, or under the personal direction of the owner or rightfully intended
214
215
216
(£)
Control\Bi1I2.Docx
F:\LAW\BILLS\1601 Solid
waste -
mega!
Dumping
And Litter
 PDF to HTML - Convert PDF files to HTML files
BILL No. 1-16
217
218
219
user.
Approved:
Nancy Floreen, President, County Council
Date
220
221
Approved:
Isiah Leggett, County Executive
Date
222
223
This is a correct copy ofCouncil action.
Linda M. Lauer, Clerk ofthe Council
Date
224
F:\LAW\BILLS\1601 Solid W$te - Illegal Dumping
And
Litter
Control\BilI2.Docx
 PDF to HTML - Convert PDF files to HTML files
LEGISLATIVE REQUEST REPORT
Bi111-16
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:
GOALSAND
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 [me 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 [me not exceeding $12,500 or both.
 PDF to HTML - Convert PDF files to HTML files
(3)
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.
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 ofthis section;
(C) perform public service relating to the removal oflitter 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 -lllega\ Dumping And Litter Contro\\LRR.Docx
 PDF to HTML - Convert PDF files to HTML files
LAWRENCE
J.
HOGAN,
JR.,
Governor
Chapter 67
Ch.67
(House
Bill 106)
AN ACT concerning
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(f)(1), (2), and (3)
Annotated Code of Maryland
(2012 Replacement Volume and 2014 Supplement)
BY repealing and reenacting, with amendments,
Article - Criminal Law
Section 1O-110(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
10-110.
(f)
(1)
Criminal Law
A person who violates this section is subject
to
the penalties provided
in this subsection.
(2)
(i)
A person who disposes of litter in violation of this section in an
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.
(ii)
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.
-1­
 PDF to HTML - Convert PDF files to HTML files
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;
repair or restore any property damaged by, or pay damages for,
(ii)
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.
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)
-2­
 PDF to HTML - Convert PDF files to HTML files
DEP Solid Waste Case Statistics
No
Total
Cases
385
352
377
448
Public
Property
212
206
224
296
Residential
Farm
Property
Property
2
113
5
87
!
85
4
73
5
Commercial
Property
18
12
19
33
Medical
Waste
0
0
3
7
!
Year
FY15
I
FY14
FY13
FY12
i
i
i
Dumpster
19
20
22
23
Dumping
I
Sign
.
Request
21
22
20
11
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
I
!
I
I
Year
FY15
FY14
FY13
FY12
Total Actions
45
80
40
87
Civil Citations
0
2
0
11
NOV's
8
8
14
36
Written Warnings/
Notices
i
,
37
70
I
16
I
40
I
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).
 PDF to HTML - Convert PDF files to HTML files
-I
1.
~
.j
t '
Isiah
Leggett
County Executive
Mare 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 Count:;Xttt"mey
AD..-v.
Via: Edward Lattner, Chief
Division ofGovernment Operations
t£8t-­
Re:
Bi111-16, Solid Waste - megal Dumping and Liter Control
The County Executive's Office has requested that this office forward you our comments
concerning Bi111-16. 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 perfonn restitution through removal ofthe 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 oflitter be clarified. Equating the definition 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 48-11(a) line 160 only mentions "public
authority." There are also some vague provisions in this legislation and are set forth in the
following lines ofthe bill:
101 Monroe street, Rockville, Maryland 20850-2580
(24(l) 771-6100. TID (240) 111-2545 • FAX (240) 777-6705.
 PDF to HTML - Convert PDF files to HTML files
::1
l'
.
:,:
Daniel E. Locke
January 27,2016
Page 2
~ine
163 ofthe bill - "installed" does it mean a permanent fixture;
• Line 183 of the 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 hannless;" and
• Line 212 of the bill part of the 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
memorand~
please call me at (240) 777-6794.
cc:
Bonnie Kirkland, Office of the County Executive
Marc P. Hansen, County Attorney
Josh Hamlin, Legislative Attorney
 PDF to HTML - Convert PDF files to HTML files
ROCKVILLE,
MARYIAND
MEMORANDUM
Febuary 24, 2016
TO:
FROM:
SUBJECT:
. .
~
Nancy Floreen, President, County Council
Jennifer A. Hughes, Director, Office
nt
nd
Joseph F. Beach, Director, Department ofFinance . ,
OfManagem~'
BUdg~
'J
.
FElS Extension for Bill 1-16, Solid Waste - Illegal Dumping and Litter Control
As required by Section 2-81 A ofthe 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
wiJ]
transmit the statements no later than March 10,2016
JAH:fz
cc: Bonnie Kirkland, Assistant Chief Administrative Officer
Lisa Austin, Offices ofthe 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 Mallagement and Budget