[HISTORY: Adopted by the County Commissioners
of Kent County 4-3-1990 as Ch. 5, Art. II, of the 1989 Code.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Nuclear wastes — See Ch. 114.
[1]
Editor's Note: This chapter was repealed and
reenacted without amendments 1-5-1993 by Bill No. 7-92.
It is the intent and purpose of this chapter
and regulations passed pursuant thereto to protect the public health
and safety of the citizens of Kent County by establishing minimum
standards for the storage, collection, transportation and disposal
of solid wastes that originate in Kent County or which originate outside
of Kent County but are stored or transported or disposed of within
this county.
As used in this chapter, the following terms
shall have the meanings indicated:
The noncombustible residue from the burning of wood, coal
and other combustible materials in homes, stores, institutions and
industrial establishments for the purpose of heating, cooking and
disposing of waste combustible material and, unless otherwise specified,
does not include tin cans, scrap metal and glass.[1]
Any receptacle used for incineration of household solid waste
or other waste.[2]
County Commissioners or their designated representative.
Hazardous solid and liquid wastes such as highly flammable
materials, explosives, pathological wastes, poisons, infectious wastes
from doctors' offices such as syringes, patients specimens, discarded
dressings, etc., and radioactive materials.
The destruction by combustion in which heat not less than
one thousand two hundred degrees Fahrenheit (1,200° F.) is applied
to all classes of waste material within a properly designed plant
approved by the County Commissioners.
The waste animal matter from butcher and slaughter- or packing
houses.
Any land, publicly or privately owned, other than a sanitary
landfill, on which there is deposit and accumulation, either temporary
or permanent, of any kind of organic or inorganic refuse.
Any person, institution, association or corporation who or
which stores and/or collects and/or transports and/or disposes or
who or which contracts directly or indirectly to collect and/or transport
and/or dispose of refuse within this county.
Those materials from the municipal solid waste stream which
are allowed by the Maryland Recycling Act of 1988 (COMAR 9-1701).
The County Commissioners may from time to time restrict or expand
the definition of "recyclables" in the best interest of the county.[4]
The removal and conveyance of refuse from temporary storage
points to disposal sites by municipalities, contractors and others.
The refuse from wholesale and retail stores, restaurants,
florists, beauty shops, barbershops, doctors' offices, variety stores,
hardware stores and other enterprises of this nature.
The method of final disposition of refuse.
Consists of solid waste materials from factories, processing
plants and other manufacturing enterprises, including putrescible
garbage from food-processing plants and slaughterhouses, condemned
foods, building rubbish, cinders from power plants and manufacturing
refuse.
The temporary storage of refuse by households and commercial
establishments, all of which is produced on the premises where the
refuse is stored.
All solid waste other than garbage, offal and ashes from
homes, hotels, stores, institutions, markets and other establishments,
further classified as combustible (mostly paper, wood and cloth) and
noncombustible (metals, glass and crockery).
Those wastes acceptable for disposal in a permitted rubble
landfill, including demolition debris, construction debris, asbestos
and land-clearing debris. The following "rubble" waste may be accepted
at rubble landfills unless specifically prohibited:[5]
Land-clearing debris. Land-clearing debris as
specified below. A land-clearing debris landfill is restricted to
accepting the following waste materials from land-clearing operations:
Demolition debris. Acceptable demolition debris
associated with the raising of buildings, roads, bridges and other
structures includes structural steel, concrete, bricks (excluding
refractory type), lumber, plaster and plasterboard, insulation material,
cement, shingles and roofing material, floor and wall tile, asphalt,
pipes and wires and other items physically attached to the structure,
including appliances if they have been or will be compacted to their
smallest practical volume.
Construction debris. Acceptable construction
debris is structural building materials, including cement, concrete,
bricks (excluding refractory type), lumber, plaster and plasterboard,
insulation, shingles, floor, wall and ceiling tile, pipes, glass,
wires, carpet, wallpaper, roofing, felt or other structural fabrics.
Paper or cardboard packaging, spacing or building materials, provided
that they do not exceed ten percent (10%) by volume of the waste,
may be accepted at the rubble landfill. Paint containers, caulk containers
or glaze containers, provided that they are empty and any residual
material is dried before acceptance at the rubble fill and further
provided that this waste category does not exceed one percent (1%)
by volume of the waste accepted at the rubble landfill, may be accepted.
A planned and systematic method of refuse disposal whereby
the waste material is placed in the earth in layers then compacted
and covered with earth or other approved cover material at the end
of each day's operation.
The accumulated semiliquid suspension of settled solids deposited
from sewage and wastewater treatment plant tanks or basins. Animal
waste shall be exempt from this definition.
The deposition of sewage sludge on the soil surface or the
injection or incorporation of such material into the root zone or
soil profile.
Materials are solid wastes if they are recycled
or accumulated, stored or treated before recycling, as follows:
Used in a manner constituting disposal.
Materials reclaimed. Materials noted with an asterisk in Subsection G, Column 3 of the table of materials, are solid wastes when reclaimed.
Materials accumulated speculatively. Materials noted with an asterisk in Subsection G, Column 4 of the table of materials, are solid wastes when accumulated speculatively.
Inherently waste-like materials.
The following materials are solid wastes when
they are recycled in any manner: Hazardous Waste Nos. F020 and F021,
unless otherwise used as an ingredient to make a product at the site
of generation, and F022, F023, F026 and F028.
The Secretary shall use the following criteria to add wastes to the list in Subsection D(1):
The materials are ordinarily disposed of, burned
or incinerated;
The materials contain toxic constituents listed
in COMAR Regulation .24 and these constituents are not ordinarily
found in raw materials or products for which the materials substitute
or are found in raw materials or products in smaller concentrations
and are not used or reused during the recycling process; or
The materials may pose a substantial hazard
to human health and the environment when recycled.
Materials that are not solid wastes when recycled.
Materials are not solid wastes when they can
be shown to be recycled by being:
Used or reused as ingredients in an industrial
process to make a product, provided that the materials are not being
reclaimed;
Used or reused as effective substitutes for
commercial products; or
Returned to the original process from which
they are generated without first being reclaimed. The material shall
be returned as a substitute for raw material feedstock and the process
shall use raw materials as principal feedstocks in order for this
subsection to apply.
The following materials are solid wastes, even if the recycling involves use, reuse or return to the original process described in Subsection E(1) above:
Documentation of claims that materials are not
solid wastes or are exempt from regulation. Respondents in actions
to enforce regulations implementing the Environment Article, Title
7, of the Annotated Code of Maryland, who raise a claim that a certain
material is not a solid waste or is conditionally exempt from regulations
shall demonstrate that there is a known market or disposition for
the material and that they meet the terms of the exclusion or exemption.
In doing so, they shall provide appropriate documentation, such as
contracts showing that a second person uses the material as an ingredient
in a production process, to demonstrate that the material is not a
waste or is exempt from regulation. In addition, owners or operators
of facilities claiming that they actually are recycling materials
shall show that they have the necessary equipment to do so.
Table of materials.
|
Type
|
Use Constituting Disposal
|
Energy Recovery Fuel
|
Reclamation
|
Speculative Accumulation
|
|---|---|---|---|---|
|
Spent materials
|
*
|
*
|
*
|
*
|
|
Sludges
|
*
|
*
|
*
|
*
|
|
Sludges exhibiting a characteristic of hazardous
waste
|
*
|
*
|
*
| |
|
By-products
|
*
|
*
|
*
|
*
|
|
By-products exhibiting a characteristic of hazardous
waste
|
*
|
*
|
*
| |
|
Commercial chemical products
|
*
|
*
| ||
|
Scrap metal
|
*
|
*
|
*
|
*
|
Leaves, grass clippings and woody debris.
[Amended 12-6-1994 by Bill No. 6-94]
A.
The application of sewage sludge on the lands of Kent County, Maryland, is strictly prohibited unless application is made pursuant to the applicable provisions of Chapter 222, Zoning.
B.
Any person who violates this section is guilty of
a misdemeanor and, upon conviction thereof, shall be punished by a
fine of not less than one hundred dollars ($100.) nor more than one
thousand dollars ($1,000.) or by imprisonment of not more than six
(6) months, or by both such fine and imprisonment, and each day such
violation shall be permitted to exist shall constitute a separate
offense.[1]
C.
Nothing in this section shall preclude the Director
of Planning and Zoning Administration of Kent County from filing an
injunction or a request for other equitable relief in the Circuit
Court for Kent County, Maryland, to enjoin such violations.
A.
Issuance of a license. Any person, prior to initiating any system for collection and/or disposal of refuse or prior to the alteration or addition to any existing refuse collection and/or disposal system, shall obtain a written license from the County Commissioners; provided, however, that no such license shall be issued unless the issuance of said license is in conformity with Chapter 222, Zoning.
B.
Procedures.
(1)
Procedure for disposal license.
(a)
The applicant shall, for a new or existing disposal
system or for an extension or alteration of an existing disposal system,
submit complete plats drawn to scale showing location of the area
and specification of the proposed method of operation to the County
Commissioners. The applicant, in the case of a sanitary landfill operation,
must also submit a completion maintenance bond, cash or other security
to warrant that the proposed fill will be maintained for a period
of at least twelve (12) months following completion. The amount of
this bond required shall be sufficient to cover cost of repair and/or
maintenance and/or completion of a landfill during the licensed period.
(b)
Applications shall be reviewed by representatives
of the Kent County Health Department and the Kent County Public Works
Department. Representatives from these Departments shall make inspections
of the equipment, disposal site and other facilities, and, provided
that the maintenance bond or other security is in order and it is
determined that the engineering of the proposed system is satisfactory
and if the Health Department finds the proposed system to be safe,
sanitary and satisfactory, a refuse disposal license shall be issued.[1]
(2)
Collection license procedure. The applicant for a
collection license shall submit information on the number, type, make,
age and capacity in cubic yards and tonnage of vehicles proposed to
be employed in collection service. There shall be an inspection of
the collection equipment. If the Kent County Public Works representative
finds it safe and satisfactory, he shall authorize the issuance of
a general collection license and a license for each vehicle approved.[2]
D.
Fees. Reasonable license fees shall be established
by the County Commissioners from time to time, and such fees shall
be established by an appropriate resolution.
The Director of Public Works or his agents or
a representative of the County Commissioners shall make such inspections
of refuse storage containers, refuse collection vehicles and refuse
disposal facilities as he deems fit. If in his opinion the applicant
or any other person has violated any of the terms of his license,
this chapter or the regulations passed pursuant thereto, then the
inspector shall inform the violator, in writing, of the nuisance or
hazard that exists and allow him reasonable time to correct the violations.
If the violator fails to make the necessary corrections, then the
County Commissioners shall have authority to revoke any license issued
pursuant to this chapter. In addition, the Director of Public Works
or his agents or a representative of the County Commissioners shall
report any violations of this chapter to the County Commissioners.
Any person who is accused of violating his license,
this chapter or the regulations passed pursuant thereto shall be entitled
to the privilege of a hearing; provided, however, that the violator
specifically requests such a hearing in writing. The request for a
hearing shall be directed to the County Commissioners, and a hearing
shall be held as soon as is possible thereafter. The hearing shall
be conducted informally and shall be before the County Commissioners.
The results of the hearing shall be in the form of written findings
of facts and conclusions of law. Failure to request a hearing within
fifteen (15) days after the violator receives notice that he is in
violation of his license, this chapter or the regulations passed pursuant
thereto shall constitute a waiver to the privilege of a hearing.
When refuse collection and disposal services
are not provided or are insufficiently provided by the Department
of Public Works, the County Commissioners shall require all persons
to provide for the collection and disposal of all refuse produced
at such places, at the owner's and/or operator's expense, and in the
manner to be prescribed in regulations to be issued by the County
Commissioners. Provisions must be made for preventing emission of
odors from such refuse during holding, transporting and final disposal.
Neighboring or adjacent jurisdictions and municipalities
in the State of Maryland shall obtain the consent of the Board of
County Commissioners for Kent County before using disposal facilities
in this county.
A.
All persons are required to keep their premises free
from accumulations of improperly stored refuse.
B.
All garbage shall be stored in approved commercially-available-type
containers with tight-fitting lids.
C.
The occupant of any premises shall be responsible
for the sanitary condition of the premises occupied by him, and it
shall be unlawful for any person to place, deposit or allow to be
placed or deposited refuse on his premises, except as designated by
the terms of this chapter and in the regulations passed pursuant thereto.
If property is occupied by someone other than the owner, the tenant
or tenants, as well as the owner, shall be responsible for the property
leased to him or to them. The owner shall be solely responsible for
the portions of the property not leased to the tenant or tenants and
under his control.
A.
All collection vehicles shall be sufficiently watertight
to prevent the loss of any liquid from waste matter.
B.
All open-type vehicles shall be covered between points
of collection and place of disposal by heavy canvas or metal to preclude
odors and refuse from escaping onto the streets and adjacent areas.
C.
Collection points must be left clean and free of debris,
trash and other refuse after refuse is collected.
D.
All collection vehicles shall be kept cleaned so as
to minimize odors and prevent insect breeding and rodent feeding.
E.
County collection service. Kent County may contract with private individuals, associations and corporations in order to provide refuse collection service. The County Commissioners of Kent County shall be authorized to pass regulations governing county refuse collection service so long as the regulations comply with § 148-13 of this chapter. Kent County may create special taxing areas and special improvement districts in order to provide this service.
F.
All commercial collection vehicles for solid wastes
shall deposit the materials at the central landfill or other specifically
designated area or areas.
G.
The County Commissioners shall have the authority
to set and impose, by resolution, fees for collecting and disposing
of solid wastes or other material in county landfills and transfer
stations and may, from time to time, change the rates thereof by resolution.[1] The fees may be based on the type of material, weight,
type of vehicle or any other fees, including interest on delinquent
accounts, that the County Commissioners consider appropriate.
[Added 5-7-1991 by Bill No. 1-91[2]]
A.
Garbage feeding to hogs. All garbage-feeding hog farms
must meet the minimum requirements, including pasteurization, of the
Maryland Department of Agriculture.
B.
Incineration. Refer to Maryland Department of the
Environment (MDE) or Department of Health and Mental Hygiene regulations
for further incineration regulations.[1]
(1)
Private property: open burning of trash. Any person
disposing or contemplating disposal of refuse on his property by incineration
shall comply with requirements of the Maryland State Department of
Health and Mental Hygiene which are hereby incorporated by reference
into this chapter.
(2)
On-site and central incineration. Any person disposing
or contemplating the disposal of refuse by incineration shall comply
with the following:
(a)
Refuse which is to be incinerated shall be stored
in a manner at the disposal site so that no food or harborage for
rodents, flies or other insects shall be created.
(b)
No incinerator shall be operated in such a manner
as to leave unburned organic matter in residue.
(c)
Construction and operation of the incinerator
must meet the requirements of all existing air pollution control laws,
ordinances and regulations.
C.
Burial method.
(1)
Open dumps. Operation of open dumps is unlawful and
forbidden by this chapter.
(2)
Sanitary landfills. Any person disposing or contemplating
the disposal of refuse by burying shall comply with the requirements
of this chapter, which are as follows:
(a)
Every sanitary landfill shall consist of a planned
and systematic method of refuse disposal whereby the waste material
is placed so that it is thoroughly compacted and covered at the end
of each day's operation with at least six (6) inches of compacted
natural soil, earth or other nonflammable, nonputrescible material
acceptable to the County Commissioners.
(b)
When the fill is completed, a covering of at
least twenty-four (24) inches of compacted natural soil, earth or
other nonflammable, nonputrescible material acceptable to the County
Commissioners shall be provided.
(c)
The completed sanitary landfill shall blend
with the ground and shall not cause a dust nuisance, and there shall
be no further use for disposal purposes after completion.
(d)
Access shall be prohibited until further authorized
construction begins.
(3)
Burial of refuse on owner's property. Such disposal
shall only be conducted subject to the approval of the Director of
Public Works.
D.
Hazardous and special wastes. The disposal of hazardous
and special wastes shall be resolved by consultation with and subject
to the approval of the Director of Public Works.
E.
It shall be unlawful for any person to drop, discard
or otherwise dispose of any solid waste or other material in, on or
around private lands of another or public lands (except in appropriate
containers at transfer sites or landfills). Any article so found bearing
a person's name and/or address shall be presumed to be the property
of such person whose name and/or address appears thereon and that
such person placed or caused to be placed such article at the location
where found; provided, however, that such presumption shall be rebuttable
by competent evidence.
[Added 7-3-1990 by Bill No. 5-90]
If any provision or part of a provision of this
chapter or the regulations in pursuance thereto are in conflict with
any other ordinance, including but not limited to a water pollution,
air pollution or fire code, then in such event the provision of any
water pollution, air pollution or fire code existing on the effective
date of this chapter or enacted subsequently to this chapter shall
control.
A.
The County Commissioners shall have authority to adopt regulations to carry out and promote the intent and purpose of this chapter as stated heretofore in § 148-1 and provided, further, that said regulations are fair and reasonable.
B.
Procedure for issuance of regulations. The County Commissioners, before issuing any regulations, shall send a copy of the proposed regulations to all known interested governmental agencies or participating parties who may have an interest in the proposed regulations and, in addition, shall publish notice of intent to issue regulations on a given subject matter in any of the Kent County newspapers for thirty (30) days prior to the issuance of the regulations. The County Commissioners shall invite comments, ideas and suggestions, if any, in compliance with § 148-1 and this section.
[Amended 7-3-1990 by Bill No. 5-90]
The provisions of this chapter shall be enforced
by those persons or agencies designated by the County Commissioners
of Kent County (hereinafter referred to as the "designee"). It shall
be a violation of this chapter to interfere with the designee in the
performance of his/her duties. The designee shall have the right to
enter upon any premises at all reasonable times for the purpose of
discharging the duties imposed upon him/her by this chapter where
there is reasonable belief that a violation of this chapter has been
or is being committed.
[Amended 7-3-1990 by Bill No. 5-90[1]]
A.
Violation of this chapter, unless otherwise specifically
stated, shall be a municipal infraction. Any person, firm, corporation
or other legal entity found to have committed a municipal infraction
by violating any provisions of this chapter or any amendment thereto
shall be fined not less than one hundred dollars ($100.) nor more
than five hundred dollars ($500.). Each and every day during which
such violation occurs or continues may be deemed a separate offense.
B.
If a person is found by the District Court to have
committed a violation of this chapter, he shall be liable for the
cost of the proceedings in the District Court.
C.
The imposition of the penalties herein prescribed
shall not preclude the County Attorney from instituting appropriate
action to correct, abate or otherwise remedy a violation of this chapter.
