[HISTORY: Adopted by the Board of County Commissioners (now
County Council) of Cecil County 6-15-2010 by Ord. No. 2010-02. Amendments noted where applicable.]
The purpose of this chapter is to provide for the regulation
of commercial refuse haulers in transporting and disposing of municipal
solid waste and/or source-separated recyclable materials within Cecil
County by requiring such haulers to obtain a Cecil County commercial
refuse hauler's license from the Cecil County Director of Finance
and by establishing standards of health and safety for the conduct
of such activities.
The following words and phrases, as used in this chapter, shall
have the meanings ascribed to them herein, unless the context clearly
indicates a different meaning:
Sometimes referred to as "sewage sludge." Liquid or solid
sludges and other residues from a sanitary sewage collection and treatment
system. The term includes materials derived from biosolids but does
not include ash generated from the incineration of biosolids, grit
and screenings generated during preliminary treatment of sewage at
a sanitary sewage collection and treatment system, or grit, screenings,
and nonorganic objects from septic and holding tank pumpings.
[Added 7-15-2014 by Bill
No. 2014-16]
Any person, firm, partnership, or corporation who or which
is engaged in the collection, transportation, storage, or disposal
of more than 50 tons per year of municipal solid waste and/or source-separated
recyclable materials in Cecil County and any person, firm, partnership,
limited-liability company, corporation, or other legal entity who
or which is engaged in the collection, transportation, storage, or
disposal of more than 20 tons per year of residential refuse and/or
source-separated recyclable materials in Cecil County.
[Amended 7-15-2014 by Bill No. 2014-16]
Municipal solid waste or source-separated recyclable materials
from businesses, office buildings, stores, markets, or institutions.
[Added 7-15-2014 by Bill
No. 2014-16]
Cecil County, Maryland.
[Amended 11-13-2012 by Ord. No. 2012-12]
Solid waste disposal facilities operated by the Solid Waste
Management Division of the Cecil County Department of Public Works
(CCDPW), namely: the Cecil County Central Landfill, Stemmer's
Run Transfer Station and Woodlawn Transfer Station.
[Amended 11-13-2012 by Ord. No. 2012-12]
Vegetative matter, including, but not limited to, brush,
logs, branches, wood chips, mulch, and compost.
[Added 7-15-2014 by Bill
No. 2014-16]
The combined weight of a vehicle or combination of vehicles,
including a towing vehicle, semitrailer and the vehicle load, excluding
the driver's weight.
Solid waste originating from industrial processes or manufacturing
operations.
[Added 7-15-2014 by Bill
No. 2014-16]
Solid waste originating from schools, colleges, universities,
hospitals and other institutions.
[Added 7-15-2014 by Bill
No. 2014-16]
Those businesses that perform services and offer products
to customers such as planting and maintaining plants, ground covers,
gardens and grass. This does not include businesses that provide tree
trimming or tree removal services.
[Added 7-15-2014 by Bill
No. 2014-16]
Any commercial refuse hauler possessing a valid Cecil County
commercial refuse hauler's license and all other pertinent permits
and licenses which may be required by the State of Maryland for the
collection, transportation, storage, or disposal of municipal solid
waste or source-separated recyclable materials.
Housing, including, but not limited to, semidetached homes,
townhomes, apartments, condominiums, mobile home parks, and seasonal
communities.
[Added 7-15-2014 by Bill
No. 2014-16]
Any garbage, construction/demolition waste, refuse, industrial,
lunchroom or office waste, and other nonhazardous material resulting
from the operation of residential, municipal, commercial or institutional
establishments and from community activities. The term does not include
any source-separated recyclable materials or unacceptable waste.
A portion of municipal solid waste consisting of organic
waste materials which, due to biological decomposition, are or have
a tendency to be rotten, foul, or odorous, including dead animals
and food waste, but not including biosolids.
[Amended 7-15-2014 by Bill No. 2014-16]
The collection, separation, recovery and marketing or reuse
of source-separated recyclable materials which would otherwise be
disposed or processed as municipal solid waste.
Solid waste, including household refuse, originating from
residential sources, including multiunit housing.
[Added 7-15-2014 by Bill
No. 2014-16]
A system of recyclables collection that allows all fibers,
including paper and cardboard, and containers, including but not limited
to plastic, metal, and glass, to be mixed or commingled together for
collection in a single container instead of being sorted into different
containers.
[Added 7-15-2014 by Bill
No. 2014-16]
Materials that are separated from municipal solid waste at
the point of origin or generation for the purpose of recycling, composting,
or reuse. This includes, but is not limited to, single stream recycling,
textiles, corrugated cardboard, and green waste.
[Amended 7-15-2014 by Bill No. 2014-16]
The off-site removal of any municipal solid waste or source-separated
recyclable materials at any time after generation.
Vegetative matter such as, but not limited to, leaves, grass,
brush, tree trimmings, and limbs not exceeding three inches in diameter
and six feet in length; Christmas trees; and certain garden and orchard
material. Excluded are stumps, logs, branches, limbs over three inches
in diameter, and roots from soil grubbing.
A.
The Director of Public Works for Cecil County shall be responsible
for the overall administration of the commercial refuse haulers licensing
program in accordance with the provisions of this chapter.
B.
The Cecil County Director of Finance shall be responsible for the
issuance and renewal of commercial refuse hauler's licenses to
those commercial refuse haulers who have paid the required fee to
the Cecil County Director of Finance and who meet all other requirements
as determined by the Director of Public Works or his/her designee.
A.
It shall be unlawful for any person, firm, partnership, limited-liability
company, corporation, or other business entity who or which is a commercial
refuse hauler, as defined in this chapter, to engage in the collection
or transportation of municipal solid waste or source-separated recyclable
materials from any residential, public, commercial, industrial or
institutional establishment within Cecil County without first obtaining
a license to do so in accordance with the provisions of this chapter.
This section shall not apply to private individuals (e.g., homeowners)
who transport their own household waste or source-separated recyclable
materials to County-designated disposal facilities, public agencies,
scrap metal dealers, or to farmers, landscapers tree service companies
or nurseries that collect, remove, haul, or otherwise transport agricultural
or other organic waste associated with their respective business activities.
[Amended 7-15-2014 by Bill No. 2014-16]
B.
It shall be unlawful for any licensed commercial refuse hauler to
collect or transport municipal solid waste or source-separated recyclable
materials from any sources within Cecil County in a manner not in
accordance with the provisions of this chapter and/or any other federal,
state, or local regulations.
C.
It shall be unlawful for any licensed commercial refuse hauler to
dispose of municipal solid waste, source-separated recyclable materials
or other wastes generated from out-of-County sources at solid waste
disposal facilities owned and operated by Cecil County, Maryland.
D.
Any person, firm, partnership, limited-liability company, corporation,
or other business entity who or which desires to collect and/or transport
municipal solid waste or source-separated recyclable materials in
Cecil County shall obtain a commercial refuse hauler's license
from the Cecil County Director of Finance.
[Amended 11-13-2012 by Ord. No. 2012-12; 7-15-2014 by Bill No. 2014-16]
E.
As a condition of acquiring and maintaining a commercial refuse hauler's
license, each licensed commercial refuse hauler collecting residential
refuse must provide to its Cecil County customers:
F.
As a condition of obtaining, renewing, or retaining a commercial
refuse hauler's license, the Cecil County Department of Public
Works and/or Director of Finance may require documentation that a
license applicant is in compliance with the provisions of this chapter.
G.
The licensing fee shall be set by the Cecil County Council on an
annual basis per the Solid Waste Management Division fee schedule.
The licensing period will be from July 1 to June 30. The County Director
of Finance will issue a license certificate to the hauling company
and a license/account sticker for each licensed vehicle bringing municipal
solid waste, source-separated recyclable materials, or other wastes
to the County's designated disposal facilities. The license sticker
must be securely fastened to the driver's side of the vehicle
in accordance with the instructions supplied with the license sticker
and shall be visible to the scale house attendant as the vehicle approaches
the scale. All licenses and stickers are nontransferable and shall
be issued for a period of one year from July 1 to June 30. There shall
be no reduction or prorated fee for any license issued for a partial
year.
[Amended 11-13-2012 by Ord. No. 2012-12; 7-15-2014 by Bill No. 2014-16]
H.
The commercial refuse hauler's license application form, which
will be supplied by the Director of Finance, shall set forth minimum
information required to establish the applicant's qualifications
for a license to collect and/or transport municipal solid waste and/or
source-separated recyclable materials, including, but not limited
to:
(1)
Name and mailing address of the applicant.
(2)
Name and telephone number of contact person.
(3)
List of all collection vehicles to be covered under the license,
including, at a minimum, the following information for each vehicle:
(4)
Type of municipal solid waste and/or source-separated recyclable
material to be collected and/or transported.
(5)
Documentation that the applicant is providing the required services
to customers in accordance with the provisions of this chapter.
I.
All licensed commercial refuse haulers bringing municipal solid waste,
source-separated recyclable materials, or other wastes to the County's
designated disposal facilities must establish and maintain a credit
account with the Cecil County Department of Finance. All charges will
be billed to this account.
[Added 7-15-2014 by Bill
No. 2014-16]
All commercial refuse haulers operating within Cecil County
must comply with the following minimum standards and regulations:
A.
All licensed commercial refuse haulers' collection vehicles
conveying municipal solid waste and/or source-separated recyclable
materials shall be operated and maintained in a manner that will prevent
creation of a nuisance or a hazard to public health, safety, or the
environment.
B.
All licensed commercial refuse haulers' collection vehicles
conveying putrescible waste shall be watertight and suitably enclosed
to prevent leakage, roadside littering, attraction of vectors and
the creation of odors and other nuisances.
C.
All licensed commercial refuse haulers' collection vehicles
conveying nonputrescible municipal solid waste and/or source-separated
recyclable materials shall be suitably enclosed or covered to prevent
litter and other nuisances.
D.
All licensed commercial refuse haulers' collection vehicles
conveying municipal solid waste and/or source-separated recyclable
materials shall bear legible signs or markings identifying the name
and business address of the entity owning the vehicle and the specific
type of material transported by the vehicle.
E.
All collection vehicles and equipment used by licensed commercial
refuse haulers shall be subject to inspection by Cecil County Department
of Public Works representatives or its authorized agents at any reasonable
hour without prior notification.
F.
Municipal solid waste and source-separated recyclable materials shall
not be mixed with each other, unless approved by the Cecil County
Department of Public Works.
G.
All licensed commercial refuse haulers shall provide educational
materials in hard copy and/or electronic format outlining the single
stream recyclables and other recyclables accepted and the manner and
frequency with which they are collected to all of their residential
refuse customers at least annually. All licensed commercial refuse
haulers shall provide copies of the materials distributed to their
customers to the County Recycling Program Manager with the licensee's
semiannual report.
[Added 7-15-2014 by Bill
No. 2014-16]
A.
All licensed commercial refuse haulers shall maintain current, up-to-date
records of the municipal solid waste and/or source-separated recyclable
materials collected within Cecil County. Such records and collected
volume reports shall be subject to review by and made available to
the County or its authorized agents upon request.
B.
Each licensed commercial refuse hauler and tree service company shall
prepare and submit semiannual reports to the Cecil County Solid Waste
Management Division Recycling Program Manager. The report for the
first half of the year (January through June) shall be submitted on
or before July 31, and the report for the second half of each year
(July through December) shall be submitted by January 31 of the following
year. The report shall provide the total weight of source-separated
recyclable materials collected each month from sources within Cecil
County which are not disposed of at a Cecil County solid waste disposal
facility.
[Amended 7-15-2014 by Bill No. 2014-16]
C.
Each licensed commercial refuse hauler shall prepare and submit at
least semiannual reports to its multiunit housing customers detailing
the total estimated weight and destination (regardless of which processing
facility they are taken to) of source-separated recyclable materials
and residential refuse collected from that customer's facility
or property. The purpose of this requirement is to enable the owners
and managers of those multiunit housing complexes to comply with state
recycling reporting requirements as mandated by the Annotated Code
of Maryland, Environment Article 9-1703(B)(12).
[Added 7-15-2014 by Bill
No. 2014-16]
A Cecil County commercial refuse hauler's license or any
renewal thereof shall expire on June 30 of each year. To renew a license,
the commercial refuse hauler must submit a license renewal application
and fee to the Cecil County Director of Finance at least 30 days prior
to the expiration date of the existing license, if renewal of the
license is desired. The Director of Finance shall have 30 calendar
days to process the application. If the Director of Finance fails
to take action within 30 calendar days, the application will be deemed
to be approved.
A.
The Chief of the Solid Waste Management Division of the Cecil County
Department of Public Works shall have the power to refuse, suspend,
or revoke the Cecil County commercial refuse hauler's license
of any commercial refuse hauler failing to fully comply with the rules
and regulations promulgated hereunder.
B.
Prior to refusing, suspending, or revoking such a license, the Chief
of the Solid Waste Management Division shall provide written notice
of the violation or violations charged to the commercial refuse hauler.
The commercial refuse hauler shall have five days after service of
notice to abate the violation or violations to the satisfaction of
the Chief of the Solid Waste Management Division, and if abated and
provided all other applicable requirements are met, the license shall
be granted and/or all suspension or revocation proceedings shall terminate.
C.
Except as provided herein, any person, firm, partnership, limited-liability
company, corporation, or other business entity engaged in the business
of collection and/or transportation of municipal solid waste and/or
source-separated recyclable materials as defined in this chapter in
Cecil County without a commercial refuse hauler's license shall
be subject to a fine of not more than $100 for each day of violation.
[Amended 7-15-2014 by Bill No. 2014-16]
A.
Holders of a Cecil County commercial refuse hauler's license
may appeal a decision by the Chief of the Solid Waste Management Division
to refuse, suspend, or revoke said license to the Cecil County Director/Deputy
Director of Public Works.
B.
Holders of a Cecil County commercial refuse hauler's license
may appeal decisions by the Director/Deputy Director of Public Works
to the Circuit Court for Cecil County; otherwise, all decisions shall
be final.
