Unless otherwise clearly indicated by the context,
in this chapter the following terms have the meanings indicated:
CIVIL INFRACTION
A violation of a County ordinance, resolution or public local
law which has been designated a civil infraction by the County Commissioners
of Caroline County.
COMMERCIAL REFUSE HAULER
Any person operating a commercial refuse vehicle or other
vehicle for the purpose of collecting, transporting and disposing
of solid waste for hire, for a fee or for profit.
COMMERCIAL REFUSE VEHICLE
Any truck or other motor vehicle or roll-off type of container
operated or used for the purpose of collecting, transporting or disposing
of solid waste which involves the mechanical compaction of solid waste
or which has the capacity to carry more than 15 cubic yards of solid
waste.
COUNTY
Caroline County, Maryland.
DISPOSAL FACILITY USE PERMIT
The permit issued by the County for use at or in connection
with a solid waste disposal facility.
[Added 7-26-2011 by Bill No. 2011-4]
HAZARDOUS WASTE
Any substance identified as a designated hazardous substance
in state or federal regulations.
PERMIT FEE
The fee or fees approved from time to time by resolution
of the County Commissioners for depositing solid waste at any County-owned
or -operated solid waste disposal facility.
[Added 7-26-2011 by Bill No. 2011-4]
PERSON
Any individual, group of individuals, organization, firm,
partnership, corporation, government unit or any entity of any kind.
SOLID WASTE
Any garbage, refuse, ashes, junk, rubbish, industrial waste,
brush, rubble or any other material determined by the County to be
solid waste.
SOLID WASTE DISPOSAL FACILITY (DISPOSAL FACILITY)
Any location or facility owned or operated by the County
for the purpose of disposal, treatment or processing of solid waste,
including but not limited to a collection site, transfer station,
sanitary landfill or incinerator.
[Amended 7-26-2011 by Bill No. 2011-4]
A. The County
Commissioners may establish solid waste disposal facilities from time
to time and at one or more locations in Caroline County. These facilities
shall be for the noncommercial disposal of solid waste by county residents.
B. No person
shall use a solid waste disposal facility for other than noncommercial
solid waste.
C. The County
Commissioners may adopt any rules they deem necessary, convenient,
or appropriate for the orderly, efficient, safe, economical and aesthetic
operation of any solid waste disposal facility.
(1) Any
rules adopted shall be posted prominently or shall be available for
review by the public at the facility.
(2) No person
shall use a County solid waste disposal facility except in accordance
with all rules governing the use of the facility.
[Amended 7-26-2011 by Bill No. 2011-4]
A. Disposal
facility use permits shall be issued only to residents of Caroline
County for the disposal of noncommercial solid waste. The following
persons shall not be issued disposal facility use permits:
(1) Commercial
refuse or solid waste haulers.
(2) Nonresidents
of Caroline County.
(3) Any
person with hazardous waste.
B. The County
Commissioners or their authorized representative shall adopt application
procedures and forms for and regulations regarding the issuance of
disposal facility use permits. Fees for disposal facility use permits
shall be set by the County Commissioners by resolution.
C. The County
Commissioners or their authorized representative shall adopt the form
and content of the disposal facility use permit. Permits shall be
designed to prohibit the transfer of the permit from one person to
another.
D. No disposal
facility use permit shall be transferred to or used by any person
other than the person to whom it was originally issued. No person
shall be required to pay an additional permit fee upon the sale or
transfer of a vehicle or upon a change of address within Caroline
County.
E. The County
Commissioners or their authorized representative may refuse to issue
or to renew, or may revoke or suspend, any disposal facility use permit
issued under this section, upon a determination that the holder of
the permit has violated any provision of this chapter or that the
issuance or the continued use of the permit would endanger public
health, safety or welfare. Notice of a refusal to issue or renew,
or of revocation or suspension, shall be sufficient if sent by certified
mail to the address provided on the application for the permit. A
permit applicant or permit holder shall have the right to a hearing
before the County Administrator before such action becomes final.
If, in the opinion of the County Administrator, there is an immediate
danger to public health or safety, a hearing shall not be required
prior to the revocation or suspension of a permit, but a hearing must
be provided as promptly thereafter as possible.
F. Upon approval
of an application for a disposal facility use permit and the payment
of all required fees, the applicant shall be issued a disposal facility
use permit.
The provisions of this chapter, including the
penalties for violation, shall be construed as additional and supplemental
to any existing federal, state, County and municipal laws and regulations.