Bill No.
1-16
Concerning: Solid Waste
Illegal
Dumping and Litter Control
Revised: March
10. 2016
Draft No.
_L
Introduced:
January
19. 2016
Enacted:
March
15. 2016
Executive: - - - - - - - - -
Effective: - - - - - - - - - -
Sunset Date: ---=-:N=on=e=--------
Ch. _ _, Laws of Mont. Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
Lead Sponsors: Councilmembers Navarro and Rice
Co-sponsors: Councilmembers Leventhal and Reimer, Council President Floreen, and
Councilmembers Katz, Eirich, Rucker, 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 48-1 lA
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
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Sec 1. Sections 48-1 and 48-11 are amended as follows:
48-1. Definitions.
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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 charge[:
The] means the portion of the systems benefit
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charge which covers all or a portion of the costs of base solid waste management
services.
Bi-county unit
means:
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ill
ill
the Maryland-National Capital Park and Planning Commission; or
the Washington Suburban Sanitary Commission.
means~
Collection contractor[:
A]
private company under contract with the
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County to provide solid waste collection services to dwelling units with less than
[[7]] seven 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
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consideration.
Director[:
The] means the Director of the Department of Environmental
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Protection, or the Director's designee.
[Director ofFinance:
The Director of Finance or the Director's designee.]
Director of Finance[:
The] means the Director of Finance or the Director's
designee.
Disposal refuse[:
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
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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
volume at least 90 gallons or one-half cubic yard.
Dwelling unit[:
A] means
~
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 orgamc waste materials resulting from the
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
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
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
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.
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BILL NO. 1-16
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Incremental systems benefit charge[:
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,"
"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.
Medical/pathological waste generator[:
Any] means any hospital, laboratory,
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
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,
Department of Transportation, for the State of Maryland.
Pathological waste[(:
Waste]] means waste. some of which may be
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
or private corporation, individual, partnership or other entity, including any officer
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BILL
No. 1-16
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or governing or managing body of any public or private corporation.
Public or private property
means:
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.(fil
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;
ill
.(fil
~
refuge
or conservation or recreation area;
.(2}
residential. commercial. industrial. or farm property; or
(lQ)
timberlands or
~
forest.
Slant-sided refuse container[:
"Slant-sided refuse container"] means a metal
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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[:
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,
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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 of disrepair 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.
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.
Solid waste acceptance fee[:
The] means the charge established for use of the
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County solid waste acceptance facilities.
Solid waste collection charge[:
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 defined
on maps in the office of the Director, in which solid waste is collected by the County
or its contractor.
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.
Solid waste management district[:
A] means
~
special service district
consisting of all of Montgomery County.
Solid waste management service[:
Any] means any service provided by or on
behalf of the County to plan, implement, or administer any part of an integrated solid
waste management system.
Systems benefit charge[:
An] means an annual service charge reflecting all or
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a portion of the cost to the County of providing base and incremental solid waste
management services.
Tax bill[:
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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*
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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 disoosal of garbage or solid waste.
[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 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.]
.{fil
[[Litteringprohibited]] 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
ill
dispose
Q£.
or cause or allow the disposal
Qf,_
[[litter]] garbage or
other solid waste on public or private property unless:
ill
the property is designated .Qy the State,
~
unit of the State,
or
~
political subdivision of the State for the disposal of
[[litter]] garbage or other solid waste and the person is
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authorized
!2y
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.
Presumption
Qf
responsibility.
.{hl
ill
If
two or more individuals
occupy~
vehicle from which [[litter]]
garbage or other solid waste is disposed in violation of subsection
W1
and it cannot be determined which occupant is the violator:
[((l)]](A)
if present, the owner of the vehicle is presumed
to
be
responsible for the violation; or
[((2)]](W
ifthe owner of the vehicle is not present, the operator
is presumed to be responsible for the violation.
(2)
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.
.(£)
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:
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(A)
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.
.(fil
A person who disposes of [[litter]] garbage or other solid
waste 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 one year or
exceeding $12,500 or both.
(Q
fine not
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 subject to imprisonment not exceeding five
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:
(A)
remove [[or render harmless]] the [[litter]] garbage or
other solid waste disposed of in violation of this Section;
.(fil
repair or restore any property
damaged~ or~
damages
for, the disposal of the [[litter]] garbage or other solid
waste in violation of this Section;
(Q
perform public service relating to the removal of [[litter]]
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~
garbage or other solid waste disposed of in violation of this
Section or to the restoration of an area polluted
Q.y
[[litter]]
garbage or other solid waste disposed of in violation of this
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 of this Section.
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 48-1 lA.
Sec 2. Section 48-1 tA is added as follows:
48-11A. Disposal of garbage
container.
A person must not dispose of garbage or solid waste in an approved container
for storage of solid waste owned, rented
Q.y
or maintained
Q.y
[[~
m:
solid waste in
.!
[[collector's]] another's
collector on behalf
ofJ] 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.
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BILL
No. 1-16
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Isiah Leggett, County Executive
Date
Approved:
~
Nancy Floreen, Pre ident, County Council
~
~15'°
(j._.o
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h
Date
Approved:
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This is a correct copy ofCouncil action.
Linda M. Lauer, Clerk of the Council
Date
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