[Adopted by Bill No. 75-39[1]]
[1]
Editor's Note: This legislation was included as Ch. 9, Art. I, and Sec. 9-19 of the 1978 Code.
[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:
COMMERCIAL REFUSE
The refuse and other waste materials from wholesale and retail stores, restaurants, florists, beauty shops, barbershops, variety stores, motels, hotels and other commercial enterprises.
DEPARTMENT
The Harford County Department of Public Works.
[Added by Bill No. 91-10]
DISPOSAL FACILITY
A facility for the intermediate or final disposition of solid waste.
DWELLING
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.
EMERGENCY
A sudden, unexpected and unforeseen condition of such public gravity as to require immediate action to carry out the purposes of this chapter.
GARBAGE
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 AND SPECIAL WASTE
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.
INCINERATOR
Any equipment, device or contrivance used for the destruction of garbage, rubbish or other wastes by burning.
INDUSTRIAL REFUSE
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.
INSECT AND RODENT CONTROL
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.
INSECTS
Those insects that are considered to be of public health significance in this area, such as ticks, fleas, body lice, roaches, mites and flies.
LAND-CLEARING DEBRIS
All materials generated during the clearing of land for homesites, commercial buildings, recreational facilities, road building or any other purpose.
LIQUID WASTES
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.
ODORS
Those properties of an emission which stimulate the sense of smell.
OFFAL
The waste animal matter from butcher and slaughter- or packinghouses.
OPEN DUMP
[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. 
A composting operation conducted in a sanitary manner;
B. 
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:
(1) 
The site is operated in accordance with all federal, state and local laws;
(2) 
Quarterly analyses meeting the following requirements are conducted and submitted to the Department:
(a) 
The analyses shall be performed in accordance with the Federal Resource Conservation and Recovery Act (RCRA) (currently the toxicity characteristics leaching procedure test);
(b) 
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;
(c) 
The analyses shall indicate the actual levels of inorganics found in the samples analyzed;
(d) 
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
(e) 
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;
C. 
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:
(1) 
Any necessary grading or sediment control permit is obtained;
(2) 
No wetland areas are improperly disturbed or impacted; and
(3) 
The filling, grading, and site stabilization is conducted in accordance with all state and local laws and regulations;
D. 
A site on which farm equipment and related materials, including debris from agricultural structures, is deposited, provided that:
(1) 
The site is on property that is operated as a farm;
(2) 
The equipment, materials, and debris originated or were used or generated on the farm; and
(3) 
The equipment, materials, and debris are deposited in a sanitary manner and do not present a risk to human health or the environment; and
E. 
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:
(1) 
Is deposited in a sanitary manner and does not present a risk to human health or the environment; and
(2) 
Is not deposited in a manner that improperly affects wetlands.
OPEN FIRE
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.
REFUSE COLLECTION
The removal and conveyance of refuse from temporary storage points to disposal sites by municipalities, contractors and others.
REFUSAL DISPOSAL
The method of final disposition of refuse.
REFUSE STORAGE
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.
RESIDENTIAL REFUSE
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.
RESOURCE RECOVERY FACILITY
A facility which receives and processes solid waste and recovers either energy or salable by-products or both.
RUBBLE
[Repealed by Bill No. 91-10]
RUBBLE LANDFILL
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]
SANITARY LANDFILL
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
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]
SOLID WASTE MANAGEMENT PLAN
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
Solid waste transfer station shall be as defined in Section 267-4.
[Added by Bill No. 11-62]
TRASH
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.
(2) 
The provisions of this subsection shall not apply to a vehicle in an enclosed building or screened in such a manner as provided for by § 109-4B and C.
F. 
Prohibition on open dumping.
[Added by Bill No. 91-16]
(1) 
No person shall operate an open dump.
(2) 
No owner of property shall permit, allow or acquiesce in the operation of an open dump on the owner's property.
[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. 
Supplemental definitions. For the purposes of this section, the following terms shall have the meanings respectively ascribed to them by this subsection:
AUTOMOBILE GRAVEYARD
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.
JUNK
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.
JUNKYARD
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.
OPERATIVE VEHICLE
For a vehicle to be operative, it must have current registration or for the year immediately past.
SCRAP METAL PROCESSING FACILITY
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:
(1) 
Less than 5 acres; and
(2) 
Located in an approved or recorded residential subdivision of 3 or more lots.
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:
(1) 
The county's cost associated with abatement of the violation; and
(2) 
The county's administrative cost associated with investigation, inspection, enforcement, and correction of the violation.
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.
C. 
New construction. It shall be the responsibility of County Building Inspectors to ensure that all new construction meets the provisions of the BOCA Building Code[1] as it pertains to rodentproofing.
[1]
Editor's Note: See Ch. 82, Building Construction.
[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]
[2]
Editor's Note: See also Ch. 146, Hazardous Materials.
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.
[1]
Editor's Note: This section was redesignated from § 109-8 to § 109-7.1 by Bill No. 94-81.
[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:
(1) 
The collection of recyclable materials from residents of the dwelling units; and
(2) 
Removal of recyclable materials collected from residents of the dwelling units and transportation to secondary recycling markets a minimum of once per week.
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; 24-040]
The Solid Waste Management Plan, dated September 2024, as amended, as adopted by Bill No.24-040, 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. 
For the purposes of this section the following terms shall have the meanings indicated:
LANDFILL
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:
(1) 
The name and address of the owner of the real property on which the landfill will be located.
(2) 
The names and addresses of all owners of real property located within two thousand five hundred (2,500) feet of the boundaries of the parcel of real property on which the landfill will be located.
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.
(3) 
Regardless of the number of signs required by Subsection C(2) of this section, if a side of the proposed landfill is contiguous to a public road, the Department of Public Works shall post a sign displaying the information required by Subsection C(2) of this section along that side.
(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) 
A color-coded map showing:
(a) 
All residential, institutional, industrial, and agricultural buildings and improvements within two (2) miles of the parcel; and
(b) 
In a different color, the approximate location of all proposed residential, institutional, and industrial buildings and improvements that are:
[1] 
Part of a concept plan, preliminary plan, or site plan approved by the Zoning Administrator; and
[2] 
To be located within two (2) miles of the parcel;
(5) 
A contour map on a scale specified by the Department which shows:
(a) 
The elevation of all land within two (2) miles of the parcel; and
(b) 
In a different color, the proposed final elevations of the rubble landfill;
(6) 
Reproductions of the appropriate Tax Maps that:
(a) 
Show all parcels within two (2) miles of the parcel;
(b) 
Indicate by means of color-coding:
[1] 
All public water lines;
[2] 
All parcels that receive public water;
[3] 
All improved parcels that do not receive public water; and
[4] 
All unimproved parcels;
(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;
(e) 
Slope and grade the site and limit fill height in accordance with:
[1] 
The plans submitted by the applicant;
[2] 
Section 267-40.1 of this Code; and
[3] 
The requirements imposed by the Department or the County Council as a condition of inclusion of the site in the Solid Waste Management Plan;
(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.
[1]
Editor's Note: This bill also provided that § 109-8.2 shall apply only to a rubble landfill for which an amendment to the County Solid Waste Management Plan has not been finally approved on or before February 12, 1991.
[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;
(5) 
Shall post on-site a sign at least two (2) feet by three (3) feet in size, but no larger than five (5) feet by five (5) feet, that clearly indicates:
(a) 
The site's hours of operation;
(b) 
The types of solid waste accepted; and
(c) 
The types of solid waste that are not accepted;
(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:
(a) 
The amount of capacity utilized to date;
(b) 
The remaining capacity of the landfill;
(c) 
The projected amount of time the landfill may remain open before reaching capacity; and
(d) 
Any restrictions the operator intends to impose to prolong the landfill's life; and
(11) 
Shall accept for deposit only the types of solid waste permitted in the landfill under federal, state, and county laws, regulations, and permits.
B. 
If a violation of this section occurs, the Department may;
(1) 
Place a stop-work order on the site; and
(2) 
Issue a stop-work order to on-site personnel.
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:
A. 
Is in violation of any provision of § 109-8.1, 109-8.2, or 109-8.3 of this Article; or
B. 
Has not, within 18 months after the date on which the Council placed the site in the plan:
(1) 
Been issued a permit by the Maryland Department of the Environment; or
(2) 
Placed the site in operation as a rubble landfill.
[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:
(1) 
All property owners within one-quarter mile of the proposed facility as identified in the records of the State Department of Assessment and Taxation, by first class mail;
(2) 
The Department of Public Works, which will post the meeting notice on the County website; and
(3) 
The County Council.
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
(b) 
The approximate location of all proposed residential, institutional, and industrial buildings and improvements that are:
[1] 
Part of a concept plan, preliminary plan, or site plan currently approved by the Director of Planning and Zoning and located within one mile of the parcel.
(5) 
A contour map on a scale specified by the Department which shows:
(a) 
The elevation of all land within one mile of the parcel; and
(b) 
In a different color, the proposed final elevations of the facility;
(6) 
Reproductions of the appropriate maps that:
(a) 
Show all parcels and lots within one mile of the parcel;
(b) 
Indicate by means of color-coding:
[1] 
All public water lines;
[2] 
All parcels that receive public water;
[3] 
All improved parcels that do not receive public water; and
[4] 
All unimproved parcels;
(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.
A. 
Compliance with § 109-2. All persons engaged in collection and transportation of liquid waste shall comply with § 109-2 of this Article.
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. 
Definitions:
BRUSH AND BRUSH PRODUCTS
shall mean and include tree, plant or brush trimmings less than two inches (2") in diameter.
COMPOSTABLE WASTE
shall mean and include grass clippings, leaves and brush and brush products.
YARD WASTE
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:
(1) 
The Harford Resource Recovery Facility (i.e., the waste-to-steam incinerator) or any other solid waste disposal or deposit area associated with the HRRF; and
(2) 
The lined sanitary landfill at the Harford County Waste Disposal Center.
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:
(a) 
This Article.
(b) 
Any rule or regulation adopted pursuant to this Article.
(c) 
Any order or permit issued pursuant to this Article.
(2) 
Contents. A NOV issued under this section shall:
(a) 
Specify the provision(s) that allegedly has been violated.
(b) 
State the facts in support of the alleged violation.
(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.
(b) 
Subpoenas; witnesses.
[1] 
In connection with any hearing under this subtitle, the Health Officer or the Director of Administration may:
[a] 
Subpoena any person or evidence.
[b] 
Order a witness to give evidence.
[2] 
A subpoenaed witness who is not an employee of the Harford County Health Department or the county shall receive the same fees and mileage reimbursement as if the hearing were part of a civil action in the Circuit Court of Maryland.
(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.