Wicomico County, MD Chapter 156 Garbage, Rubbish and Refuse

[HISTORY: Adopted by the County Council of Wicomico County 5-10-1993 by Bill No. 1993-14. Amendments noted where applicable.]

Article I Unlawful Disposal

§ 156-1 Purpose. [1]

This chapter is enacted to secure and protect the public health, safety, property and general welfare by prohibiting the throwing, dumping or depositing of garbage, rubbish or refuse into the streets or other public places or on any private lands other than those duly designated for that purpose.

[1] Editor's Note: Former Ch. 156, Grading and Earthmoving, adopted 2-16-1971 as Ord. No. 34, as amended, was repealed 6-13-1985 by Ord. No. 1985-9. For current regulations regarding grading occurring within the unincorporated area of Wicomico County, see § 8-1101 et seq. of the Natural Resources Article of the Annotated Code of Maryland.

§ 156-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

ENFORCING OFFICER

Any employee or agent of the Wicomico County Department of Public Works.

GARBAGE

All putrescible (or decayable) waste, including animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food and carcasses of dead animals.

LITTER

All rubbish, waste matter, refuse, garbage, trash, debris, dead animals or other discarded, dumped, thrown away or deposited materials of every kind and description.

OWNER

Any person who generates or creates litter, garbage, rubbish or refuse.

PERSON

Any individual, firm, partnership, company, corporation, association, society or other entity.

PUBLIC OR PRIVATE PROPERTY

The right-of-way of any road or highway; any body of water or watercourse or the shores or beaches thereof; any park, parking facility, playground, public service company property or transmission line right-of-way, building, refuge or conservation or recreation area, any commercial, industrial, residential or farm properties, timberlands or forest.

REFUSE

Includes garbage, rubbish, trash and litter.

RUBBISH

Generally all waste materials and refuse of every character, except garbage; and the term shall include all dry material produced by households, commercial or industrial establishments, such as paper, rags, cans, bottles and other containers and ashes; rubber, leather, tree branches and yard trimmings; bulky objects, such as discarded household appliances, equipment, mattresses and box springs and other furniture; building, demolition and construction waste and all other waste materials.

§ 156-3 Unlawful disposal.

It shall be unlawful for any person to throw, dump or deposit or to cause or permit to be thrown, dumped or deposited any litter, garbage, rubbish or refuse on any public or private property other than property designated by the county or state for the disposal of such litter, garbage, rubbish or refuse.

§ 156-4 Presumption of responsibility for violation.

A. Whenever litter, garbage, rubbish or refuse is thrown, dumped or deposited in violation of this chapter and the identity of the person throwing, dumping or depositing said material cannot be determined, the owner of said material shall be presumed to be responsible for the violation.

B. The person identified as the recipient of addressed mail, correspondence, envelopes, invoices or shipping tags contained within any litter, garbage, rubbish or refuse unlawfully thrown, dumped or deposited upon any public or private property within the county shall be presumed to be the owner of said litter, garbage, rubbish or refuse and shall be responsible for the violation of this chapter.

C. The generator of any litter, garbage, rubbish or refuse unlawfully deposited or placed upon any public or private property within the county shall be presumed to be the owner of such material and responsible for any violation of this chapter until the garbage, rubbish or refuse is disposed of in a lawful manner.

D. The presumption of ownership established by this section may be rebutted by clear and convincing evidence that the generator or owner of the litter, garbage, rubbish or refuse deposited the same with a contractor whose business is the lawful disposal of such material.

E. The decision of the enforcing officer as to whether particular articles are litter, garbage, rubbish or refuse as herein defined shall be final; and if articles of litter, garbage, rubbish or refuse have been mixed with other articles not constituting litter, garbage, rubbish or refuse as herein defined, the enforcing officer shall be entitled to treat all such mixed articles as litter, garbage, rubbish or refuse.

§ 156-5 Violations and penalties.

[Amended 10-24-2000 by Bill No. 2000-9]

A. Any person who unlawfully throws, dumps or deposits or causes or permits to be thrown, dumped or deposited garbage, rubbish or refuse on public or private property within the county shall be guilty of a civil infraction and shall be subject to a fine. An enforcing officer is hereby authorized to issue citations for civil infractions of this chapter.

§ 156-6 Severability.

If any provision of this chapter or the application thereof to any persons or circumstances is held invalid by a court of competent jurisdiction, the remainder of this chapter and the application of such provision to persons or circumstances other than those as to which it is held invalid shall not be affected thereby. The powers conferred by this chapter shall be in addition and supplemental to the powers conferred by any other law.

Article II Household Refuse Permits

[Added 7-19-2005 by Bill No. 2005-10]

§ 156-7 Permit required; application procedure.

A. A permit is required for the disposal of household refuse at any county transfer station or the Newland Park Landfill, except as provided in Subsection B, below.

B. A permit is not required for the disposal of household refuse at the Newland Park Landfill, provided that the individual uses the scale facility to weigh in and weigh out and pays the fee per pound established by the County Council for all refuse discarded.

C. Application for a permit shall be made on forms approved by the Department of Public Works and shall be accompanied by a copy of the vehicle registration card.

D. Application for a permit shall be made by the owner of the vehicle to which the permit will be affixed.

§ 156-8 Issuance of permit.

A. The Director of the Department of Public Works shall examine or cause to be examined all applications for permits within a reasonable time after filing. If the application does not conform to the requirements of all pertinent laws, he shall reject such application in writing, stating the reasons therefor. If he is satisfied that the application conforms to the requirements of this Code and all laws and ordinances applicable thereto, he shall issue a permit as soon as practicable.

B. Permits shall be valid for a period of one year from the date of issuance.

[Amended 8-2-2016 by Bill No. 07-2016]

§ 156-9 Qualification; denial of permit.

A. To qualify for a permit, an applicant shall:

(1) Submit an application to the Department in accordance with this chapter.

(2) Possess a valid motor vehicle driver's license and shall be at least 18 years old.

B. The Department may refuse to issue or renew a permit if the applicant:

(1) Does not meet a qualification for the permit;

(2) Makes a material false statement on the application; or

(3) Has had a permit revoked for inappropriate use within the previous year.

§ 156-10 Fees.

A. Permit fees shall be as recommended by the Director of the Department of Public Works from time to time and approved by the Wicomico County Council, in executive session.

B. Permit fees shall not be prorated for portions of a year.

§ 156-11 Display of permit.

A. Permits must be attached to the windshield of the vehicle either in the lower corner, driver's side, or behind the rear view mirror (not in the shaded area).

B. Failure to display an appropriate permit may result in denial of the right to dispose of refuse at the facility.

§ 156-12 Suspension and revocation of permits.

A. The Department may suspend a person's permit if it finds:

(1) The permit holder has committed a violation of this article or the regulations of the Department of Public Works;

(2) That an unauthorized use of the permit has occurred.

B. The Department may revoke a person's permit if a second violation is committed by a permit holder.

C. In the event that the Department revokes or suspends the permit, the permit shall be immediately returned to the Department.

§ 156-13 Violations and penalties.

A. It shall be unlawful to dispose of household refuse at a county transfer station or landfill except in conformity with this article.

B. Any person who shall violate a provision of this article shall be guilty of a civil infraction, punishable by a fine of not more than $1,000. The Director of the Department of Public Works or his designee is hereby authorized to issue citations for civil infractions of this chapter. Each day that a violation continues shall be deemed a separate offense.