[Adopted by Bill No. 75-39[1]]
[Amended by Bill No. 82-28]
For the purposes of this chapter, the following
words and phrases shall have the meanings respectively ascribed to
them by this section:
The refuse and other waste materials from wholesale and retail
stores, restaurants, florists, beauty shops, barbershops, variety
stores, motels, hotels and other commercial enterprises.
The Harford County Department of Public Works.
[Added by Bill No. 91-10]
A facility for the intermediate or final disposition of solid
waste.
A unit of single-family or multifamily residential housing,
including without limitation apartments, cooperatives and condominiums,
whether privately or publicly owned, located in Harford County, including
in any incorporated municipalities within Harford County or in any
refuse collection zones within Harford County.
A sudden, unexpected and unforeseen condition of such public
gravity as to require immediate action to carry out the purposes of
this chapter.
The animal and vegetable wastes resulting from the handling,
preparation, cooking and consumption of foods, exclusive of recognized
industries, and human and animal feces.
Hazardous solid and liquid wastes, such as but not limited
to highly flammable materials, explosives, pathological waste, poisons,
infectious waste from hospitals and doctors' offices and radioactive
materials.
Any equipment, device or contrivance used for the destruction
of garbage, rubbish or other wastes by burning.
The refuse and other waste materials from factories, processing
plants and other manufacturing enterprises, including putrescible
garbage from food-processing plants and slaughterhouses, condemned
foods, waste wood materials and all other refuse from manufacturing
and industrial processes.
Those measures that are necessary to prevent insect and rodent
infestations, harborage, feeding or breeding sites or to eliminate
established insect and rodent infestations, harborage, feeding or
breeding sites in any area of the county.
Those insects that are considered to be of public health
significance in this area, such as ticks, fleas, body lice, roaches,
mites and flies.
All materials generated during the clearing of land for homesites,
commercial buildings, recreational facilities, road building or any
other purpose.
All waste liquids generated through the use of domestic or
municipal facilities, including any industrial or commercial liquids
that may not be classified hazardous or listed within special waste
categories.
Those properties of an emission which stimulate the sense
of smell.
The waste animal matter from butcher and slaughter- or packinghouses.
[Amended by Bill No. 91-16]
Any land disposal site on which solid waste is deposited
that is not a sanitary landfill which has been permitted by the Maryland
Department of the Environment or its successor agency except:
A composting operation conducted in a sanitary
manner;
A site on which coal combustion by-products
are utilized in a pozzolan management activity under approval of the
Department of Natural Resources and the Maryland Department of the
Environment, provided that:
The site is operated in accordance with all
federal, state and local laws;
Quarterly analyses meeting the following requirements
are conducted and submitted to the Department:
The analyses shall be performed in accordance
with the Federal Resource Conservation and Recovery Act (RCRA) (currently
the toxicity characteristics leaching procedure test);
The analyses shall indicate the United States
Environmental Protection Agency RCRA standards for determination of
levels of inorganics that could cause the by-products to be considered
toxic;
The analyses shall indicate the actual levels
of inorganics found in the samples analyzed;
The analyses shall be conducted on a by-product
from the type of coal burned on the majority of days during the quarter
for which an analysis is conducted; and
An authorized representative of the facility
that generates the by-product shall certify that each analysis was
conducted in strict accordance with EPA procedures and protocols,
and that the results submitted have been accurately recorded;
Any filling operation which consists solely
of the importation of clean earthen fill containing uncontaminated
soil, rock, concrete, nonrefractory brick, and asphalt created as
a result of construction excavation activities, mining, or regrading
projects, provided that:
A site on which farm equipment and related materials,
including debris from agricultural structures, is deposited, provided
that:
A site on which straw, hay, brush, or tree debris
is deposited for the purpose of controlling erosion or creating wildlife
habitat, provided that the straw, hay, brush, or tree debris:
A fire where any material is burned in the open or in a receptacle
other than a furnace incinerator or other equipment designed and approved
for the destruction of specific materials.
The removal and conveyance of refuse from temporary storage
points to disposal sites by municipalities, contractors and others.
The method of final disposition of refuse.
The temporary storage of refuse, all of which is produced
on the premises where the refuse is stored, by dwellings and commercial
and industrial establishments.
The refuse and other waste materials from any dwelling, including
yard waste, household appliances and household furnishings, but excluding
rubble, stumps and land-clearing debris.
A facility which receives and processes solid waste and recovers
either energy or salable by-products or both.
[Repealed by Bill No. 91-10]
A sanitary landfill required to be permitted as a rubble
landfill under Title 26 of the Code of Maryland Regulations.
[Added by Bill No. 91-10]
An engineered method of disposing of solid waste on land in a manner that minimizes environmental and public health hazards that is designed, installed, and operated in compliance with the Environment Article of the Annotated Code of Maryland, this chapter, Chapters 225 and 267 of this Code, and any regulations adopted under their authority.
[Amended by Bill No. 91-10]
Solid waste as that term is defined in Title 26, Subtitle
13 of the Code of Maryland Regulations.
[Amended by Bill Nos. 91-10; 11-62]
The comprehensive plan for Harford County, in effect and
as amended from time to time, which meets the requirements of the
Code of Maryland Regulations (COMAR), Title 10, Subtitle 17.
Solid waste transfer station shall be as defined in Section 267-4.
[Added by Bill No. 11-62]
All waste materials, other than garbage and offal from stores,
institutions, markets and other establishments, further classified
as combustible and noncombustible.
[Amended by Bill Nos. 82-28; 12-09]
A.
Generally. Any persons, including but not limited to duly authorized
collectors of the county or incorporated municipalities within the
county or private solid waste collectors, who are regularly engaged
in the collection in Harford County or the transportation for disposal
in Harford County of solid or liquid waste shall be licensed annually
in Harford County. The applicant for a license shall submit information
on the type, make, year and capacity in cubic yards and tonnage or
tank capacity of every vehicle proposed to be employed in their collection
and transportation services. Concurrent with the review of the annual
application, there shall be an annual inspection of each vehicle listed
on the application jointly performed by a representative of the Director
of Public Works and the County Department of Health. An application
shall not be approved until all vehicles listed in the application
have passed inspection. Upon approval of an application, the County
shall issue a license to the applicant and install a placard number
on each approved vehicle. A licensee shall immediately inform the
Department of Public Works of any changes to the vehicles listed on
its annual application. A licensee shall not utilize any additional
or replacement vehicle until all bonding and inspection requirements
have been fulfilled for each such vehicle and a placard has been installed
by the County.
B.
Applications. Application forms for the above-required license will
be mailed annually by the County Department of Public Works to each
active licensee prior to February 15.
C.
License term. Licenses issued under Subsection A of this section shall be valid through the following April 1. It shall be a violation of this section for any person subject to the licensing requirements of this section to collect or transport solid or liquid waste in the County without a valid, unexpired license or to do so in a vehicle without a valid, unexpired placard issued by the County.
D.
Fees. License fees shall be as established by the County Council
and promulgated in a county fee schedule.
E.
Identification of vehicles. Collection vehicles and equipment shall
be identified with the name of the person, firm or corporation printed
on each door. This printing shall be legible at a distance of 100
feet and be proportioned in letters of not less than 2-1/2 inches
in height.
F.
Performance bond. Any person engaged in solid waste collection or
transportation or liquid waste collection, transportation or disposal
for compensation shall post a performance bond in an amount of not
less than $2,000 per vehicle, such bond to be written to and delivered
to the County Department of Public Works prior to issuance of any
license for operation. Such bond must remain in force during all periods
of licensed operation.
G.
Display of County placard. Each vehicle operated by a person to whom
a license is issued pursuant to this section shall display an annual
County placard on the driver's side of the vehicle. A representative
of the Director of Public Works shall install the placard on the vehicle.
The placards shall be maintained in good condition by the licensee
and shall not be obscured in any way. The licensee shall immediately
notify the Department of Public Works if a placard is in need of replacement
during any licensing period.
H.
Exemptions.
(1)
Residential customers who haul only their own solid waste generated
from their personal, private residence shall be exempt from the licensing
provisions of this section.
(2)
Persons who collect and transport material which exclusively consists
of construction, demolition or land clearing debris, scrap metal,
scrap tires, natural wood and vegetative yard waste, or material separately
collected to be recycled shall be exempt from the licensing provisions
of this section.
[Amended by Bill No. 76-14]
A.
Generally. All persons shall keep their premises free
from any accumulation of improperly stored refuse which would constitute
a menace to the health or safety of any person or of any community.
B.
Containers generally. All garbage and trash shall
be stored in commercially-available-type containers with tight-fitting
covers. Individuals using plastic bags for the disposal of trash and
garbage shall be responsible for taking the necessary safeguards to
ensure that this method of disposal does not create a potential health
hazard for the community. For residences, container size shall be
not more than thirty-two (32) gallons, and no single container shall
exceed sixty (60) pounds when filled. Cardboard boxes, baskets and
oil or chemical drums are not acceptable as containers for regular
collection. There is no limit to the number of regulation containers
for individual residences.
C.
Commercial facilities.
(1)
The container size, type and number shall be determined
on an individual basis for commercial facilities. In those facilities
generating mixed trash and garbage and using a dump-type container,
the contractor shall be responsible for the removal and replacement
of these units with a clean container when he is notified by an inspector
of the Health Department that the in-place unit is in need of cleaning
or repair.
(2)
All commercial enterprises, such as retail stores,
restaurants, diners, quick food shops, apartment complexes and multiple-family
units, will be serviced by a dump-type container, compactor or similar-type
unit. All units of this type that are in use or that may be proposed
for use within the county shall be subject to the approval of the
Health Department. These units may also be required for use in such
other areas as directed by the Health Department.
D.
Individual property. The occupant or owner of any
property shall at all times be responsible for the sanitary condition
of such property occupied or owned by him. It shall be unlawful for
any person to place, deposit or allow refuse to be placed or deposited
on his property unless it is placed in containers in preparation for
final disposal. It shall also be unlawful for any person to create
a junkyard or salvage operation in any residentially zoned district.
The creation of such operation shall meet all zoning and other applicable
requirements.
E.
Junk vehicles.
(1)
No person in charge of or in control of any property
within the county, whether as owner, tenant, occupant, lessee or otherwise,
shall allow any partially dismantled, inoperative, wrecked, junked
or discarded vehicle, trailer, house trailer or mobile home to remain
on such property longer than thirty (30) days, and no person shall
leave any such vehicle on any property within the county for a period
greater than thirty (30) days.
[Added by Bill No. 76-14]
Notwithstanding the provisions of § 109-3E, any person operating any junkyard, automobile graveyard or scrap metal processing facility shall conform to and be regulated by the following:
A.
AUTOMOBILE GRAVEYARD
JUNK
JUNKYARD
OPERATIVE VEHICLE
SCRAP METAL PROCESSING FACILITY
Supplemental definitions. For the purposes of this
section, the following terms shall have the meanings respectively
ascribed to them by this subsection:
An establishment or place of business which is maintained,
used or operated for storing, keeping, buying or selling wrecked,
scrapped, ruined or dismantled motor vehicles or motor vehicle parts.
Old or scrap copper, brass, rope, rags, batteries, paper,
trash, rubber, debris, waste, iron, steel and other old or scrap ferrous
or nonferrous material, including junked, dismantled or wrecked automobiles
or parts thereof.
An establishment or place of business which is maintained,
operated or used for storing, keeping, buying or selling junk or for
the maintenance or operation of an automobile graveyard, and the term
shall include garbage dumps and sanitary fills.
For a vehicle to be operative, it must have current registration
or for the year immediately past.
An establishment having facilities for processing iron, steel
or nonferrous scrap metal and whose principal product is scrap iron,
steel or nonferrous scrap for sale for remelting purposes only.
B.
Screening generally. Any junkyard, auto graveyard
or scrap metal facility which is within one thousand (1,000) feet
of any county road, right-of-way or residential property and is visible
from such road, right-of-way or property and is not specifically exempted
under this section shall be screened so as not to be visible from
any such road, right-of-way or property.
C.
Screening restrictions. All screening must be effective
at all times, and individual covering of vehicles or scrap metal is
hereby expressly prohibited; however, covering by storing vehicles
or scrap in enclosed buildings is allowed.
D.
Exemptions. The provisions of § 109-3E and this section shall not apply to a vehicle located in an appropriate depository or storage area maintained in a lawful place and manner by the county, neither shall such provisions apply to auto body shops where bona fide repairs are done to vehicles; however, such businesses shall provide proper screening if they store more than twenty-five (25) junk vehicles at their place of business, provided that if auto body shops store junk vehicles on property other than where actual repairs take place, all of the provisions of this section shall apply to that storage area.
[Amended by Bill Nos. 76-14; 76-53; 80-19;
85-55]
A.
Improved and unimproved lots or land parcels. The
owner of any improved or unimproved lot or parcel of land shall be
responsible for the removal of any menace to public health, welfare
or safety arising from the accumulation of garbage, trash or refuse
or the presence of stagnant water or waste or of any combustible material.
B.
Land-clearing debris. All excess land-clearing debris
generated during the preparation of lots or parcels of land for the
erection of structures or road building shall be removed from such
property by the prime builder, contractor or developer. In those areas
where this material cannot be disposed of by open burning, all residual
waste generated shall be transported to and disposed of in designated
rubble fills. However, on-site disposal of tree stumps only shall
be permitted on lots or parcels of land prepared for the erection
of structures by the prime builder, contractor or developer in areas
located on the lot or parcel designated as open space and where permanent
stockpiles are to be used when the following criteria for stockpiles
are met:
(1)
Have sediment controls installed as required by an
approved erosion and sediment control plan during placement or excavation
of the stockpile.
(2)
Place the stockpile in a location approved by the
Department of Public Works.
(3)
Stumps shall be buried beneath the stockpile a minimum
of three (3) feet below the soil surface.
(4)
Have slopes no steeper than four (4) feet horizontal
to one (1) foot vertical.
(5)
Not exceed fifteen (15) feet in height.
(6)
Be permanently stabilized with a low-maintenance ground
cover.
(7)
Be landscaped to blend into existing natural surroundings.
On stockpiles higher than six (6) feet tall, plantings of pine and
deciduous trees, each not less than three (3) feet high when planted,
will be provided per a landscaping plan approved by the Department
of Public Works. In no instance shall any excess land-clearing debris,
including tree stumps, be disposed of in an area where it would constitute
a menace to any water source or supply or septic reserve or drainage
area.
C.
Abandoned houses. It shall be the responsibility of
any property owner to remove any uninhabited structure from his property
when such structure has been declared by the Department of Health
to be a menace to the health, safety and welfare of the community.
D.
Unrepairable structures. Any structure may be declared
unrepairable when such structure has been declared by the County Department
of Health to be a menace to the health, safety and general welfare
of the community. Any structure that is considered to be unrepairable
will be inspected jointly by a representative of the Health Department
and the Department of Inspections, Licenses and Permits. For the purposes
of this subsection, any structure that is found to be a menace to
the health, safety and general welfare of the community shall be deemed
"unrepairable." A copy of the report from the Department of Inspections,
Licenses and Permits shall be an integral part of the data maintained
by the Health Department. In the event that the property owner shall
be required to have such structure removed and disposed of in accordance
with solid waste disposal procedures, the owner of such structure
shall confer with the Department of Health and the Department of Public
Works, Solid Waste Division, on the disposition and specification
of disposal procedures.
[Added by Bill No. 81-78; amended by Bill
No. 93-9]
A.
Except as provided in Subsection B of this section, a person shall not permit any vegetation other than trees, cultivated crops, cultivated shrubbery, or cultivated plants to grow to a height exceeding 12 inches on any lot or parcel that is:
B.
This section does not apply to land that is:
(1)
Devoted to agricultural use;
(2)
Designated as a wildlife preserve by a government
agency;
(3)
Identified as a Natural Resource District as established under Section 267-41D of the Harford County Code;
(4)
Identified as a habitat protection area within the
Chesapeake Bay Critical Area Overlay District as established in Section
267-41.1 of the Harford County Code; or
(5)
Identified as an afforestation, reforestation, or
forest retention area on the record plat for the lot or parcel.
C.
A person who believes a violation of this section
exists may file a complaint with the Director of Planning and Zoning.
D.
The Director of Planning and Zoning shall investigate
each complaint and serve a notice of abatement on an owner of any
property that is in violation of this section.
E.
The notice of abatement shall require that the owner
cut, trim, or remove the vegetation that is in violation of this section
within 14 calendar days after service of notice.
F.
Service of the notice shall be by personal service
or certified mail to the last known address of the person in whose
name the property is assessed for tax purposes.
G.
If the property owner fails to cut, trim, or remove
the vegetation within 14 calendar days after receiving the notice,
the Department shall abate the violation by use of county employees
and equipment or by contract with private contractors.
H.
A property owner who fails to abate a violation of
this section shall be assessed the following costs, which shall constitute
a lien upon the property and be collectible in the same manner as
real property taxes:
I.
Except as provided in Subsection J, a property owner who abates a violation of this section within 14 calendar days after service of the notice shall be assessed for the county's administrative costs.
J.
If the notice is the first notice of abatement received
by a property owner and the property owner abates the violation within
14 calendar days after service of the notice, no costs shall be assessed
by the county.
K.
A person who violates this section is subject to a
civil penalty of not more than $500. Each day a violation continues
to exist constitutes a separate offense.
A.
Responsibility of property owners. It shall be the
responsibility of all property owners to maintain their property free
of such materials as would provide harborage and food sources for
rodents. Property owners shall also maintain their property free of
such materials as would provide feeding, breeding or harborage areas
for insects.
B.
Inspections and control measures. The Department of
Health shall have the right to inspect any premises or facility for
insect and rodent infestations, harborage, feeding or breeding sites.
The property owner shall be responsible for taking those control measures
as specified by the Department of Health for the elimination or prevention
of insect and rodent infestations, harborage, feeding or breeding
sites.
[Amended by Bill Nos. 76-53; 82-28]
A.
Collection vehicles. All trash and refuse collection
vehicles shall contain bodies that are leakproof so as to prevent
the loss of liquid from waste matter. All open-type vehicles shall
be covered between points of collection and place of disposal by heavy
canvas or other suitable cover to prevent refuse from escaping onto
streets, roadways or adjacent areas. All collection vehicles or containers
will be kept clean so as to minimize odors and prevent insect breeding
and rodent feeding.
B.
Collection points. All collection points shall be
left clean and free of debris, trash and other refuse after collection
is made. On the day of collection, all containers will be placed at
the front curb or property line or other site within the property
as agreed upon by the collector.
C.
Miscellaneous materials. All articles, such as boxes,
crates, magazines, tree trimmings, hedge cuttings, etc., will be broken
down and tied in compact bundles, not heavier than sixty (60) pounds
nor more than four (4) feet in length, to permit safe and rapid handling
by one (1) man. Flowers, grass cuttings, weeds, small garden debris
and leaves may be placed in regular containers or heavy-duty plastic
bags. No more than six (6) plastic bags of leaves shall be placed
for collection on each collection day.
D.
Excess refuse. Refuse that will not fit into regulation containers must be prepared in a neat and compact bundle as specified in Subsection C of this section or placed in a disposable container.
E.
Bulky items. Bulky items may be disposed of through
the Department of Public Works. These items include any large or bulky
material which the contract collectors cannot collect with their equipment.
The Director of Public Works shall have the right to establish responsible
collection fees for such service.
F.
Hazardous and special wastes. The collection and disposal
of hazardous and special waste shall be the responsibility of the
Director of Public Works, except that disposal sites and procedures
shall be subject to the approval of the County Health Officer or his
designated representative.[2]
G.
Collection frequency. All contractors engaged in the
collection of trash, garbage and recyclable materials shall establish
and maintain a minimum collection frequency of once per week to all
residential customers within the County for trash, garbage and recyclable
materials Recyclable materials shall be segregated from the waste
stream and delivered to designated recycling disposal facilities authorized
by the Department. The frequency of collection from commercial and
industrial establishments will be determined on an individual basis.
[Amended by Bill No. 10-39]
H.
Charges. No trash or refuse collection services shall
charge any person for the collection of trash or refuse without the
express permission, either oral or written, of the person subject
to the collection. All charges for services rendered shall be billed
to the customer by the contractor within nine (9) months from the
date the service was rendered. Any trash or refuse service collecting
trash or refuse in violation of this subsection shall be deemed to
have acted as a volunteer in providing such service and shall not
charge for such collection.
I.
Determination of refuse types.
(1)
To aid in the determination of quantities of residential
and nonresidential solid waste, private and public collectors of solid
waste shall identify to the Director of Public Works that portion
of nonresidential solid waste collected on a residential collection
route or that portion of residential solid waste collected on a non
residential collection route. Residential and nonresidential solid
waste shall not be collected in the same vehicle for disposal in any
disposal facility or resource recovery facility operated by or under
contract for or on behalf of the county without prior approval of
the Director of Public Works.
(2)
To aid in the determination of quantities of solid
waste generated within Harford County, private and public collectors
of solid waste shall identify to the Director of Public Works that
portion of solid waste generated outside of Harford County to be disposed
of in any disposal facility or resource recovery facility operated
by or under contract for or on behalf of the county. Such out-of-county
solid waste shall not be accepted at any such facility without approval
of the Director of Public Works.
J.
Fee.
[Added by Bill No. 92-10; amended by Bill
Nos. 92-40; 93-47; 00-12; 04-13; 10-38; 13-41]
(1)
Fees for solid waste deposited or disposed of in any solid waste facility designated by Harford County from time to time shall be as established in Chapter 157 of the Harford County Code, as amended. All monies collected from the fee shall be dedicated to the operating and/or capital expenses associated with solid waste disposal management. This fee shall not apply to any recyclable or compostable material accepted by the County for deposit.
[Added by Bill No. 15-003]
A.
Each property owner or manager of an apartment building that contains
10 or more dwelling units and each council of unit owners of a condominium
that contains 10 or more dwelling units shall provide for recycling
of acceptable items, as identified under the single stream recycling
program, for the residents of the dwelling units including:
B.
The collection and disposition of recycling under this section shall
be in accordance with the County's approved Solid Waste Management
Plan and Rules and Regulations.
C.
The County shall have the right to inspect any property subject to § 109-7.2A for compliance with this section.
D.
Enforcement.
(1)
Any person who violates the provisions of this section may be
subject to a civil penalty not to exceed $50 per day for each day
that a violation continues.
(2)
An inspector for the County Department of Public Works, Division
of Environmental Services[1] may issue a citation for violation of this section to
the person responsible for the violation.
[1]
Editor’s Note: The Division of Environmental Services
within the Department of Public Works was abolished 7-2-2015 by Executive
Order 15-11. Said Executive Order also set forth that the operations,
functions and responsibilities that were within the purview of the
Division of Environmental Services are transferred to the Maryland
Environmental Service and the remaining divisions of the Department
of Public Works as determined by the Director.
(3)
The citation may be hand-delivered, delivered electronically
or mailed, or, if delivery is unsuccessful or is refused, may be posted
at the apartment or condominium property, and shall include:
(a)
The name and address of the person cited;
(b)
A description of the violation;
(c)
The address or location of the violation;
(d)
The amount of the fine;
(e)
The manner, location and time by which the fine may be paid
to the County;
(f)
A statement of the person's right to file an administrative
appeal of the citation by submitting, to the Director of Administration,
a request for a hearing in accordance with § R-2.4 of the
County Administrative Rules of Procedure; and
(g)
The address and telephone number of the Division of Environmental
Services.
(4)
A person who receives a citation shall, within 30 calendar days after receiving the citation, either pay the fine or appeal the citation in accordance with § 109-7.2D(3)(f) of this section.
(5)
If the citation is not timely paid or appealed, the County may
enforce the fine by an action at law.
[Added by Bill No. 15-003]
A.
By no later than October 1, 2015, the organizer of a special event
that (1) includes temporary or periodic use of a public street, publicly
owned site or facility, or public park, (2) serves food or drink,
and (3) is expected to have 200 or more persons in attendance must
meet the following minimum requirements:
(1)
A recycling container must be placed immediately adjacent to
each trash receptacle at the special event providing for the recycling
of, at a minimum, acceptable plastic, metal, and glass containers
and acceptable paper products.
(2)
Recycling containers must be clearly distinguished from trash
containers by color and/or signage.
(3)
Special event organizers must ensure that all recyclable materials
deposited into recycling containers at the special event are collected
for recycling.
(4)
Event organizers must provide food scrap recycling if feasible.
B.
The County shall have the right to inspect any special event property subject to § 109-7.3A for compliance with this section.
C.
Enforcement.
(1)
Any person who violates the provisions of this section may be
subject to a civil penalty not to exceed $200 per day for each day
that a violation continues.
(2)
An inspector for the County Department of Public Works, Division
of Environmental Services[1] may issue a citation for violation of this section to
the special event organizer.
[1]
Editor’s Note: The Division of Environmental Services
within the Department of Public Works was abolished 7-2-2015 by Executive
Order 15-11. Said Executive Order also set forth that the operations,
functions and responsibilities that were within the purview of the
Division of Environmental Services are transferred to the Maryland
Environmental Service and the remaining divisions of the Department
of Public Works as determined by the Director.
(3)
The citation may be hand-delivered, delivered electronically
or mailed, or, if delivery is unsuccessful or is refused, may be posted
at the place of business of the event organizer, and shall include:
(a)
The name and address of the person cited;
(b)
A description of the violation;
(c)
The address or location of the violation;
(d)
The amount of the fine;
(e)
The manner, location and time by which the fine may be paid
to the County;
(f)
A statement of the person's right to file an administrative
appeal of the citation by submitting, to the Director of Administration,
a request for a hearing in accordance with § R-2.4 of the
County Administrative Rules of Procedure; and
(g)
The address and telephone number of the Division of Environmental
Services.
(4)
A person who receives a citation shall, within 30 calendar days after receiving the citation, either pay the fine or appeal the citation in accordance with § 109-7.3C(3)(f) of this section.
(5)
If the citation is not timely paid or appealed, the County may
enforce the fine by an action at law.
[Added by Bill No. 94-81[1]; amended by Bill Nos. 05-02; 09-04; 13-42; 15-004; 20-017]
The Solid Waste Management Plan, dated January
2015, as amended, as adopted by Bill No. 15-004, as subsequently amended
from time to time, is incorporated by reference as part of this chapter
as though fully stated herein, and is hereby declared to be the County's
Official Solid Waste Management Plan.
[1]
Editor's Note: This bill also provided as
follows: And be it further enacted, that if the Maryland Department
of the Environment disapproves of or requires changes to any part
of the solid waste management plan approved by this Act, the county
may make any necessary changes to the plan by resolution adopted by
the County Council.
[Added by Bill No. 88-56]
A.
LANDFILL
For the purposes of this section the following terms
shall have the meanings indicated:
A proposed solid waste disposal site that is required to
have a permit under the Environment Article, § 9-204 of
the Annotated Code of Maryland.
B.
An application requesting inclusion of a site as a
landfill in the County Solid Waste Management Plan shall include:
C.
When a hearing on the application has been scheduled
in accordance with the Environment Article, § 9-503 of the
Annotated Code of Maryland, the following shall be done:
(1)
The Secretary of the County Council shall ensure that
a notice of the hearing, including its date, time, place and purpose,
is sent by first class mail to the applicant and each property owner
listed in the application.
(2)
Signs.
(a)
The Department of Public Works shall post at
least two (2) signs, at least twenty-four (24) inches wide and thirty-six
(36) inches high, listing the date, time, place and purpose of the
hearing, in conspicuous places near the boundaries of the proposed
landfill; and
(b)
Following the posting, the applicant shall maintain
the signs in a condition visible to the public until the date of the
hearing.
(4)
Upon certification of the cost by the Secretary of the County Council, the applicant shall reimburse the county for the cost of the materials and postage required for the notices mailed pursuant to Subsection C(1) of this section. Approval of an application requesting inclusion of a site as a landfill in the County Solid Waste Management Plan is not final until the applicant has reimbursed the county as required by this subsection.
[Added by Bill No. 91-10[1]]
A.
Subsection B(1) of this section does not prohibit a privately-owned rubble landfill from accepting rubble that originates from outside of the county.
B.
In addition to the requirements of § 109-8.1 of this chapter, an application requesting inclusion of a site as a rubble landfill in the County Solid Waste Management Plan shall include:
(1)
Information showing that there is a demonstrated need
for a rubble landfill in the county;
(2)
The name, address, and telephone number of the applicant,
and the relationship between the applicant and the property owner;
(3)
A map showing the current zoning classification of
all land within two (2) miles of the parcel;
(4)
(6)
Reproductions of the appropriate Tax Maps that:
(7)
A description of the height of the natural features,
buildings, and improvements within two thousand five hundred (2,500)
feet of the parcel;
(8)
A description of any natural screening and buffer
on the site and the applicant's proposed screening and buffer plan;
(9)
A description of the applicant's proposed plan for
preventing the escape of dust and solid waste from the site;
(10)
Any information on roads and traffic in the
area of the site which the Department finds is necessary to supplement
the traffic impact study required by the Subdivision Regulations;
(11)
A description of the proposed procedures to
be used to prevent dirt, soil, and solid waste from the site from
accumulating on the roads used for ingress to and egress from the
site;
(12)
A list of the proposed hours of operation and
a description of the proposed procedures to be used to ensure that
traffic to the site does not accumulate off-premises before, during,
and after the hours of operation;
(13)
A description of the proposed security measures
to be used to prevent unauthorized use of the site, both during the
life of the landfill and after its closure;
(14)
A description of the proposed checking procedures
to be used to ensure that prohibited fill is not deposited at the
site; and
(15)
A list of each state and local permit the applicant
must obtain before commencing operation of the landfill.
C.
As a condition precedent to county acceptance of a
site as a rubble landfill in the Solid Waste Management Plan, the
applicant shall enter into a contract with the county which:
(1)
Has been approved by the Department and the County
Attorney; and
(2)
In consideration for inclusion of the site in the
Solid Waste Management Plan, obligates the applicant and the applicant's
heirs, successors, and assigns to:
(a)
Provide or put in escrow the necessary funds
to provide improvements to any ingress and egress roads that do not
satisfy the standards of the Harford County Road Construction Code;
(b)
Comply with the fencing, screening, and buffer requirements imposed under §§ 109-8.3 and 267-40.1 of this Code;
(c)
Comply with the operating, security, and checking procedures imposed by the Department under § 109-8.3 of this Code;
(d)
Obtain and comply with all required state and
county permits, including operational, grading, and sediment control
permits, and pay all applicable county fees before beginning operation
of the landfill;
(f)
Comply with the applicable provisions of the
Subdivision Regulations;
(g)
Agree to specifically perform all terms and
requirements of the contract;
(h)
Agree that the county is entitled to seek injunctive
relief to close the landfill if the operator violates any term or
requirement of the contract and until the operator ceases the violation;
(i)
Pay any civil penalties, up to one thousand
dollars ($1,000.) per violation per day, that are imposed by a court
for violation of a term or requirement of the contract;
(j)
Comply with any other requirement imposed by
the Department or the County Council as a condition of inclusion of
the site in the Solid Waste Management Plan; and
(k)
Comply with all applicable federal, state, and
county laws, regulations, and permits.
[Added by Bill No. 91-10[1]]
A.
The operator of a rubble landfill:
(1)
Shall follow a plan approved by the Department to
ensure that traffic to the site does not accumulate off-premises before,
during, and after the landfill's hours of operation;
(2)
Shall follow a security plan approved by the Department
to prevent unauthorized use of the site;
(3)
Shall follow a checking plan approved by the Department
to prevent the deposit of prohibited solid waste on the site;
(4)
Shall follow a plan approved by the Department to
ensure that dirt, soil, and solid waste do not accumulate on the site's
ingress and egress roads;
(6)
Shall erect and maintain fencing around the working
cells and faces of the landfill in order to catch and retain windblown
solid waste, and shall collect and bury at least once per week the
solid waste caught by the fence and any solid waste that has collected
beyond the fence;
(7)
Shall submit to the Department and the County Council
a copy of each new or revised state permit issued for the site within
30 calendar days after the permit is issued;
(8)
Shall grant county inspectors and checkers access
to any part of the site during operating hours to allow the inspectors
and checkers to determine whether the landfill is being operated in
accordance with all applicable laws, regulations, and permits;
(9)
Shall periodically reimburse the county for the wages,
benefits, and travel expenses of any county checker assigned to the
rubble landfill, for each hour the checker works at the site, but
shall not be required to pay overtime wages for a checker who works
during the normal operating hours of the landfill;
(10)
Shall file an annual report with the Department
and the County Council, on the date specified by the Department, that
lists:
(11)
Shall accept for deposit only the types of solid
waste permitted in the landfill under federal, state, and county laws,
regulations, and permits.
C.
Within 7 calendar days after issuing a stop-work order,
under this section, the Department shall send a copy of the order
by certified mail, to the operator and the owner of the parcels on
which the landfill is located.
D.
Failure to comply with a stop-work order issued under
this section is a violation of this section.
[1]
Editor's Note: This bill also provided that § 109-8.3 shall apply to all current and future rubble landfills, but the operator of a rubble landfill for which a state refuse disposal permit has been issued on or before February 12, 1991, has until October 1, 1991, to comply with the requirements imposed by § 109-8.3.
[Added by Bill No. 91-16]
The County Council may remove a site from the
Solid Waste Management Plan if the owner or operator:
[Added by Bill No. 11-62]
A.
Prior to submission for inclusion of a landfill, solid waste transfer
station or other solid waste processing facility into the Solid Waste
Management Plan, a community meeting shall be held.
B.
The community meeting shall be held near the site of the proposed
facility, preferably in a public or institutional building with adequate
parking. The meeting shall be scheduled to start between 6:00 p.m.
and 8:00 p.m. on a weekday evening, or scheduled between 9:00 a.m.
and 5:00 p.m. on a Saturday, excluding all state and County holidays.
C.
At least two weeks prior to the community meeting, the owner/operator of the proposed facility shall ensure that notice of the date, time and location of the community meeting, as well as information required under Subsection J of this section has been provided to the following:
D.
At least two weeks prior to the community meeting, the owner/operator
shall ensure that the property that is the subject of the proposed
facility is posted with a notice, obtained from the Department of
Public Works, stating the date, time and location of the community
meeting. The notice shall briefly describe the proposed facility and
include the County website address. The notice shall be on a sign
measuring at least 22 inches by 28 inches. The notice shall be conspicuously
placed on the property, near the right-of-way line of each public
road that the property has frontage on, at such location that the
notice shall be visible, if possible, from each public road on which
the property fronts. Following the posting, the owner/operator shall
use reasonable efforts to maintain the notice in a condition visible
to the public until the date of the community meeting.
E.
At least two weeks prior to the community meeting, the owner/operator
shall ensure that notice of the community meeting is published once
a week for two consecutive weeks, in at least two newspapers generally
circulated in Harford County.
F.
The purpose of the community meeting is for the owner/operator to
provide information to the community regarding the proposed facility
and to allow citizens to ask questions and to make comments and suggestions.
G.
At the community meeting, the owner/operator shall present draft plans for the site layout which includes the information required under Subsection J of this section.
H.
The owner/operator shall ensure that a certification of mailed meeting
notices and a certification of the newspaper advertisements are included
with the submission of the application for inclusion in the Solid
Waste Management Plan.
I.
Within 45 calendar days of the community meeting, the owner/operator
shall submit a summary of the comments made by citizens at the community
meeting to the Department.
J.
At the community meeting the owner/operator shall provide the following
information about the proposed facility:
(1)
Information showing that there is a demonstrated need for the
facility in the County;
(2)
The name, address, and telephone number of the owner/operator;
(3)
A map showing the current zoning classification of all land
within one mile of the parcel;
(4)
Color-coded maps showing:
(a)
All residential, institutional, industrial, and agricultural
buildings and improvements within one mile of the parcel; and
(6)
Reproductions of the appropriate maps that:
(7)
A description of any natural screening and buffer on the site
and the owner's/operator's proposed screening and buffer plan;
(8)
Any information on roads and traffic in the area of the site,
including but not limited to functional classification of surrounding
roadways and existing average daily traffic (ADT) on roads surrounding
the proposed site;
(9)
A description of the proposed plan to be used for preventing
the escape of dust and solid waste from the site;
(10)
A description of the proposed procedures to be used to prevent
dirt, soil and solid waste from the site from accumulating on the
roads used for ingress to and egress from the site;
(11)
A list of the proposed hours of operation and a description
of the proposed site design and operating procedures to be used to
ensure that traffic to the site does not accumulate off-premises before,
during, and after the hours of operation;
(12)
A description of the proposed security measures to be used to
prevent unauthorized entry into the site after normal operating hours;
(13)
A description of the proposed checking and operating procedures
to be used to ensure that prohibited material is not deposited at
the site;
(14)
A list of each state and local permit the owner/operator must
obtain before commencing operation of the solid waste facility;
(15)
A description of the proposed plan for controlling odors and
noise;
(16)
An estimate of the daily tons of solid waste to be received
and an estimate of the number of trucks to the site on a daily basis;
and
(17)
A detailed plan showing the dimensions of the facility and any
uses to be conducted outside an enclosed facility and their locations
on the site.
B.
Equipment. All vehicles used in the enterprise of
liquid waste disposal shall be used only for this purpose. All tanks,
hoses and pumps shall be leakproof.
C.
Identification of vehicles. Septic tank vehicles shall have the words "Sewage Only," followed by the gallons of tank capacity, on each side of the tank. Lettering shall be as specified in § 109-2.
D.
Disposal sites. All septic tank waste shall be disposed
of only at those manhole sites as designated by the Director of Public
Works with concurrence of the local Health Officer. In no instance
will septic tank waste be dumped on open areas, such as farmland and
parkland.
E.
Sludge disposal. Digested or partially digested sludge
will not be disposed of in open areas, such as farmland, sod-growing
areas or parkland, without the approval of the Department of Health
and the Department of Public Works. Any person contemplating disposal
of sludge in the county will submit his proposal to the Department
of Health and Department of Public Works for their approval. Such
proposal shall include all intended procedures to be used, the amount
of sludge to be disposed of and a description of the area and location
of the disposal site.
F.
Use of county disposal facilities by other jurisdictions.
Neighboring or adjacent jurisdictions and municipalities, as well
as any person engaged in refuse or liquid waste disposal, shall obtain
the consent of the Department of Public Works and the Department of
Health before using any disposal facilities or areas within the county.
[Added by Bill No. 92-9]
A.
BRUSH AND BRUSH PRODUCTS
COMPOSTABLE WASTE
YARD WASTE
Definitions:
shall mean and include tree, plant or brush trimmings less
than two inches (2") in diameter.
shall mean and include grass clippings, leaves and brush
and brush products.
shall mean and include all uncontaminated earth, grass clippings,
leaves, brush and brush products, trees, tree stumps, gravel, stones,
rocks, boulders and any other natural matter found outdoors in a yard
or on real property that can be deposited in a rubble landfill under
Maryland law.
B.
Limitations on disposal of yard waste: No yard waste
shall be deposited at:
C.
Compostable waste: Compostable waste generated on
land located within the borders of Harford County may be deposited
at any county-owned or operated composting facility.
A.
Construction sites generally. The prime contractor
shall assure that all construction site waste is controlled in such
a manner as to prevent dispersion of waste materials during any phase
of construction.
B.
Containers. Collection containers or vehicles will
be located on all construction sites for the disposal of waste construction
materials and other debris. A sufficient number of containers or vehicles
will be available to adequately serve each individual site.
C.
Roadways. The prime contractor shall be responsible
for the prompt removal from paved streets or roadways of earth or
other material which has been transported thereto by trucks or earthmoving
equipment or erosion by water.
D.
Demolition. Water or suitable chemicals shall be used
for the control of dust during the demolition of existing buildings
or structures.
E.
Dust control. The application of water or suitable
chemicals shall be used on dirt roads and material stockpiles during
road grading and construction and on other surfaces for the control
of airborne dusts.
All vehicles transporting materials likely to
create airborne matter will be covered while in motion. All vehicles
carrying waste materials that can fall or be blown overboard during
movement will be covered with suitable canvas or other approved covering.
A.
Open burning. Any person disposing or contemplating
disposal of refuse on his property by open burning must observe the
following procedures in accordance with State Health Department Regulation
10.03.38, under the Annotated Code of Maryland (1957), Article 43,
§ 697.[1] In addition thereto, the provisions of this Article must
be complied with.
(1)
Permit. All types of open burning within the county
are controlled by issuance of a permit from the local Department of
Health, Air Pollution Control Office. The permit must be applied for
at least seventy-two (72) hours prior to the date of anticipated use.
(2)
Distance from occupied structures, roadways, etc.
All refuse burning must be done at a distance of five hundred (500)
yards from any occupied structure or a heavily traveled roadway. Leaves
and vegetable or flower garden debris of a property owner may be burned
under controlled conditions at a distance of three hundred (300) feet
from any neighboring habitable dwelling or place where people work
or congregate.
(3)
Prohibited materials. Any materials which produce
dense smoke when burned, including but not limited to tires, asphaltic
materials and automobile bodies or parts thereof, will not be burned.
(4)
Prohibited areas. All types of open burning are prohibited
within town or village limits, subdivision housing developments or
such other densely populated areas as may be specified by the County
Health Officer.
(5)
Household trash and garbage. Burning of household
trash and garbage is prohibited in all areas where collection service
is available.
[1]
Editor's Note: For current statutory provisions,
see §§ 2-301, 2-303 and 2-602 of the Health-Environmental
Article of the Annotated Code of Maryland.
B.
Visible emissions. No person shall cause, suffer,
allow or permit the discharge of emissions from any installation or
building, other than water in an uncombined form, which are visible
to human observers. Approved control equipment shall be installed
on all structures, whether new, modified or existing, wherein a process
is conducted that would generate visible emissions to the outside
area of such structure.
C.
Recreational fires. A permit is not required for such
purposes as campfires and cookouts.
Nothing in this Article shall be construed to
abridge, limit or otherwise impair the right of any person to damages
or other relief on account of injuries to persons or property and
to maintain any action or other appropriate proceedings therefor.
[1]
Editor's Note: Former § 109-13, Notice of violation; abatement, as amended by Bill No. 76-14; former § 109-14, Civil enforcement, as amended by Bill No. 82-28; and former § 109-15, Violations and penalties, were repealed by Bill No. 91-16. Said Bill No. 91-16 also redesignated former §§ 109-16, 109-17 and 109-18 as §§ 109-13, 109-14 and 109-15, respectively.
[Amended by Bill No. 82-28]
Under the provisions of this chapter, authority
is delegated to the Director of Public Works and the County Health
Officer to promulgate and publish any regulations necessary to carry
out and promote the intent and purpose of this chapter, provided that
the regulations are subject to public hearing as required by Section
807 of the Charter.
[1]
Editor's Note: Former § 109-13, Notice of violation; abatement, as amended by Bill No. 76-14; former § 109-14, Civil enforcement, as amended by Bill No. 82-28; and former § 109-15, Violations and penalties, were repealed by Bill No. 91-16. Said Bill No. 91-16 also redesignated former §§ 109-16, 109-17 and 109-18 as §§ 109-13, 109-14 and 109-15, respectively.
[Added by Bill No. 80-79; amended by Bill
No. 86-53]
A.
Disposal fees for automobile tires, truck tires and
equipment tires shall be established from time to time by the Department
of Public Works, pursuant to rules and regulations established in
accordance with Section 807 of the Charter.
B.
Tires shall be disposed of at such site or sites as
determined by the Director of the Department of Public Works.
[1]
Editor's Note: Former § 109-13, Notice of violation; abatement, as amended by Bill No. 76-14; former § 109-14, Civil enforcement, as amended by Bill No. 82-28; and former § 109-15, Violations and penalties, were repealed by Bill No. 91-16. Said Bill No. 91-16 also redesignated former §§ 109-16, 109-17 and 109-18 as §§ 109-13, 109-14 and 109-15, respectively.
[Added by Bill No. 91-16]
A.
Notice of violation (NOV).
(1)
Issuance of NOV. The Harford County Health Department
or the Department may issue a notice of violation ("NOV") if there
are reasonable grounds to believe that the person to whom the complaint
is directed has violated:
(3)
Issuance of notice or order. After or concurrently
with service of a NOV under this Article, the Harford County Health
Department or the Department may issue an order that requires the
person to whom the order is directed to take corrective action within
a time set forth in the order.
(4)
Effective date of order. Any order issued under this
ordinance is effective immediately according to its terms upon service.
Any person who is issued an order shall be required to take any directed
action within the time specified in the order regardless of any hearing
rights evoked pursuant to this section.
(5)
Service.
(a)
Manner of service. Any NOV or order the Harford
County Health Department or the Department pursuant to this Article
may be served:
[1]
Personally;
[2]
By publication on or at the entranceway to the
property at which the violation has occurred; or
[3]
By certified mail, return receipt requested,
bearing a postmark from the United States postal service, to the last
known address of the person in whose name the property on which the
violation occurred is assessed for taxation.
(b)
Certificate of service. If service is made by
certified mail, return receipt requested, bearing a postmark from
the United States postal service, the person who mails the document
shall retain verified proof of mailing.
(6)
Hearings.
(a)
Hearing on order. Within ten (10) days after
being served with an order, the person served may request a hearing
by serving a written request on the Health Officer for an NOV issued
by the Harford County Health Department or on the Director of Administration
for an NOV issued by the Department. Service shall be made personally
or by certified mail, return receipt requested, bearing a postmark
from the U.S. postal service.
(7)
Final corrective order.
(a)
Unless the person served with an order makes a timely request for a hearing pursuant to Subsection A(6), the order becomes a final order on the eleventh day after service.
(b)
If a person who has been issued an order under this section makes a timely request for a hearing, i.e. requests a hearing within ten (10) days after service in accordance with Subsection A(6), the order becomes a final corrective order if the Health Officer or the Environmental Health Director or the Director of Administration affirms the order following the hearing.
B.
Other actions not dependent on issuance of complaint,
notice or order. A person who violates this Article shall not be entitled
to the issuance of a NOV or an order. The county or the Harford Health
Department may take whatever action it deems appropriate and which
is permitted by this Article or the law to seek redress from any person
who violates this Article.
C.
In addition to being subject to an injunctive action under this Article, any person who violates any provision of Article I of the Environmental Control Chapter is liable to pay a civil penalty not exceeding one thousand dollars ($1,000.) per day per violation to be collected in a civil action. Each day a violation occurs is a separate violation. Each section, subsection, rule, regulation, order or permit condition that contains a requirement or prohibition which is violated constitutes a separate violation.
D.
Injunctive relief.
(1)
In general. The county may bring an action for an
injunction against any person who violates any provision of this Article
or any rules, regulations, order or permit adopted or issued under
this Article.
(2)
Findings. In any action for an injunction under this
section, any finding of the Health Officer or the Environmental Health
Director or the Director of Administration after a hearing is prima
facie evidence of each fact so determined.
(3)
Grounds. On a showing that any person is violating
or is about to violate this subtitle or any rule, regulations, order
or permit adopted or issued by the county, the court shall grant an
injunction without requiring a showing of a lack of an adequate remedy
at law.
(4)
Emergency. If an emergency arises due to imminent
danger to the public health or welfare, or imminent danger to the
environment, the county may sue immediately for an injunction to stop
any pollution or other activity that is causing the danger.
E.
Criminal penalties.
(1)
Violating ordinances, rules, regulations, orders or
permits.
(a)
A person who violates any provision or fails
to perform any duty imposed by this Article or who violates any provision
or fails to perform any duty imposed by any rule, regulation, order
or permit adopted or issued under this Article is guilty of a misdemeanor
and, on conviction, is subject to a fine not to exceed one thousand
dollars ($1,000.) per day per violation or imprisonment not to exceed
six (6) months, or both. Each day a violation occurs is a separate
violation. Each section, subsection, rule, regulation, order or permit
condition which is violated constitutes a separate violation.
(b)
In addition to any criminal penalties imposed
on a person convicted under this Article, the person may be enjoined
from continuing the violation(s) and/or subject to civil penalties.
F.
Abatement.
(1)
Generally. If any person fails, within the time limit
specified in an NOV or order, to abate any condition that is prohibited
under this Article or any rule, regulation, order or permit adopted
or issued under this Article, the county may take whatever abatement
action that may be necessary by use of county employees and equipment
or by contract with private contractors. The cost and expense of abating
the violation shall be certified by the Department to the County Treasurer
together with the name of the owner of the property on which the violation
occurred as determined from the property tax assessment records. These
charges shall constitute a lien upon the real property and shall be
collectible in the same manner as real property taxes, with the same
priority, interest and penalties. Initiation of abatement action shall
not preclude the issuance of any other action or legal proceedings
authorized or permitted under this Article, the laws of the State
of Maryland and the common law.
(2)
Notice of abatement action. Before or within ten (10)
days after commencement of an abatement action, the Department shall
issue a notice of abatement action to the owner of the property on
which the abatement action has been or will be commenced. The notice
shall describe the abatement action to be undertaken and shall specify
that the cost for the action shall constitute a lien on the real property
of the owner.
(3)
Service. The notice of abatement action issued by
the department shall be served by certified mail, return receipt requested,
bearing a postmark from the United States postal service to the last
known address of the person in whose name the property is assessed
for taxation. If the notice is unable to be delivered by the post
office, the notice shall be posted on the entranceway to the property
at which the violation has occurred.
(4)
Right of property owner to hearing. Any property owner
who is subject to having a lien placed on his property as a result
of an abatement action shall have a right to a hearing if the property
owner serves a written request for a hearing on the Director of Administration
within ten (10) days after being served with the notice of abatement
action or the posting of the notice of abatement action on the property.
(5)
Subpoenas; witnesses. The Director of Administration may subpoena or procure witnesses in accordance with Subsection A(6)(b) above.
(6)
Finality of lien.
(a)
Unless the person served with a notice of abatement makes a timely request for a hearing pursuant to Subsection F(4) above, the lien shall become final on the property upon completion of the work.
(b)
If a person makes a timely request for a hearing,
any lien on the property shall become final after completion of all
work the Director of Administration determines was properly conducted
by way of abatement action.
