Cecil County, MD
 
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of County Commissioners (now County Council) of Cecil County 6-15-2010 by Ord. No. 2010-02. Amendments noted where applicable.]
GENERAL REFERENCES
Septage hauling and discharge — See Ch. 301.
Solid waste and recycling — See Ch. 318.
Vehicles, traffic and transportation — See Ch. 359.
The purpose of this chapter is to provide for the regulation of commercial refuse haulers in transporting and disposing of municipal solid waste and/or source-separated recyclable materials within Cecil County by requiring such haulers to obtain a Cecil County commercial refuse hauler's license from the Cecil County Director of Finance and by establishing standards of health and safety for the conduct of such activities.
The following words and phrases, as used in this chapter, shall have the meanings ascribed to them herein, unless the context clearly indicates a different meaning:
BIOSOLIDS
Sometimes referred to as "sewage sludge." Liquid or solid sludges and other residues from a sanitary sewage collection and treatment system. The term includes materials derived from biosolids but does not include ash generated from the incineration of biosolids, grit and screenings generated during preliminary treatment of sewage at a sanitary sewage collection and treatment system, or grit, screenings, and nonorganic objects from septic and holding tank pumpings.
[Added 7-15-2014 by Bill No. 2014-16]
COMMERCIAL REFUSE HAULER
Any person, firm, partnership, or corporation who or which is engaged in the collection, transportation, storage, or disposal of more than 50 tons per year of municipal solid waste and/or source-separated recyclable materials in Cecil County and any person, firm, partnership, limited-liability company, corporation, or other legal entity who or which is engaged in the collection, transportation, storage, or disposal of more than 20 tons per year of residential refuse and/or source-separated recyclable materials in Cecil County.
[Amended 7-15-2014 by Bill No. 2014-16]
COMMERCIAL WASTE OR RECYCLABLES
Municipal solid waste or source-separated recyclable materials from businesses, office buildings, stores, markets, or institutions.
[Added 7-15-2014 by Bill No. 2014-16]
COUNTY
Cecil County, Maryland.
[Amended 11-13-2012 by Ord. No. 2012-12]
DESIGNATED DISPOSAL FACILITIES
Solid waste disposal facilities operated by the Solid Waste Management Division of the Cecil County Department of Public Works (CCDPW), namely: the Cecil County Central Landfill, Stemmer's Run Transfer Station and Woodlawn Transfer Station.
[Amended 11-13-2012 by Ord. No. 2012-12]
GREEN WASTE
Vegetative matter, including, but not limited to, brush, logs, branches, wood chips, mulch, and compost.
[Added 7-15-2014 by Bill No. 2014-16]
GROSS VEHICLE WEIGHT (GVW)
The combined weight of a vehicle or combination of vehicles, including a towing vehicle, semitrailer and the vehicle load, excluding the driver's weight.
INDUSTRIAL WASTE
Solid waste originating from industrial processes or manufacturing operations.
[Added 7-15-2014 by Bill No. 2014-16]
INSTITUTIONAL WASTE
Solid waste originating from schools, colleges, universities, hospitals and other institutions.
[Added 7-15-2014 by Bill No. 2014-16]
LANDSCAPERS
Those businesses that perform services and offer products to customers such as planting and maintaining plants, ground covers, gardens and grass. This does not include businesses that provide tree trimming or tree removal services.
[Added 7-15-2014 by Bill No. 2014-16]
LICENSED COMMERCIAL REFUSE HAULER
Any commercial refuse hauler possessing a valid Cecil County commercial refuse hauler's license and all other pertinent permits and licenses which may be required by the State of Maryland for the collection, transportation, storage, or disposal of municipal solid waste or source-separated recyclable materials.
MULTIUNIT HOUSING
Housing, including, but not limited to, semidetached homes, townhomes, apartments, condominiums, mobile home parks, and seasonal communities.
[Added 7-15-2014 by Bill No. 2014-16]
MUNICIPAL SOLID WASTE
Any garbage, construction/demolition waste, refuse, industrial, lunchroom or office waste, and other nonhazardous material resulting from the operation of residential, municipal, commercial or institutional establishments and from community activities. The term does not include any source-separated recyclable materials or unacceptable waste.
PUTRESCIBLE WASTE
A portion of municipal solid waste consisting of organic waste materials which, due to biological decomposition, are or have a tendency to be rotten, foul, or odorous, including dead animals and food waste, but not including biosolids.
[Amended 7-15-2014 by Bill No. 2014-16]
RECYCLING
The collection, separation, recovery and marketing or reuse of source-separated recyclable materials which would otherwise be disposed or processed as municipal solid waste.
RESIDENTIAL REFUSE
Solid waste, including household refuse, originating from residential sources, including multiunit housing.
[Added 7-15-2014 by Bill No. 2014-16]
SINGLE STREAM RECYCLING
A system of recyclables collection that allows all fibers, including paper and cardboard, and containers, including but not limited to plastic, metal, and glass, to be mixed or commingled together for collection in a single container instead of being sorted into different containers.
[Added 7-15-2014 by Bill No. 2014-16]
SOURCE-SEPARATED RECYCLABLE MATERIALS
Materials that are separated from municipal solid waste at the point of origin or generation for the purpose of recycling, composting, or reuse. This includes, but is not limited to, single stream recycling, textiles, corrugated cardboard, and green waste.
[Amended 7-15-2014 by Bill No. 2014-16]
TRANSPORTATION
The off-site removal of any municipal solid waste or source-separated recyclable materials at any time after generation.
YARD WASTE
Vegetative matter such as, but not limited to, leaves, grass, brush, tree trimmings, and limbs not exceeding three inches in diameter and six feet in length; Christmas trees; and certain garden and orchard material. Excluded are stumps, logs, branches, limbs over three inches in diameter, and roots from soil grubbing.
A. 
The Director of Public Works for Cecil County shall be responsible for the overall administration of the commercial refuse haulers licensing program in accordance with the provisions of this chapter.
B. 
The Cecil County Director of Finance shall be responsible for the issuance and renewal of commercial refuse hauler's licenses to those commercial refuse haulers who have paid the required fee to the Cecil County Director of Finance and who meet all other requirements as determined by the Director of Public Works or his/her designee.
A. 
It shall be unlawful for any person, firm, partnership, limited-liability company, corporation, or other business entity who or which is a commercial refuse hauler, as defined in this chapter, to engage in the collection or transportation of municipal solid waste or source-separated recyclable materials from any residential, public, commercial, industrial or institutional establishment within Cecil County without first obtaining a license to do so in accordance with the provisions of this chapter. This section shall not apply to private individuals (e.g., homeowners) who transport their own household waste or source-separated recyclable materials to County-designated disposal facilities, public agencies, scrap metal dealers, or to farmers, landscapers tree service companies or nurseries that collect, remove, haul, or otherwise transport agricultural or other organic waste associated with their respective business activities.
[Amended 7-15-2014 by Bill No. 2014-16]
B. 
It shall be unlawful for any licensed commercial refuse hauler to collect or transport municipal solid waste or source-separated recyclable materials from any sources within Cecil County in a manner not in accordance with the provisions of this chapter and/or any other federal, state, or local regulations.
C. 
It shall be unlawful for any licensed commercial refuse hauler to dispose of municipal solid waste, source-separated recyclable materials or other wastes generated from out-of-County sources at solid waste disposal facilities owned and operated by Cecil County, Maryland.
D. 
Any person, firm, partnership, limited-liability company, corporation, or other business entity who or which desires to collect and/or transport municipal solid waste or source-separated recyclable materials in Cecil County shall obtain a commercial refuse hauler's license from the Cecil County Director of Finance.
[Amended 11-13-2012 by Ord. No. 2012-12; 7-15-2014 by Bill No. 2014-16]
E. 
As a condition of acquiring and maintaining a commercial refuse hauler's license, each licensed commercial refuse hauler collecting residential refuse must provide to its Cecil County customers:
(1) 
Pickup of municipal solid waste at least once per month; and
(2) 
Pickup of single stream recyclable materials at least once per month.[1]
[Amended 7-15-2014 by Bill No. 2014-16]
[1]
Editor's Note: Original Subsections F and G, regarding deadlines for compliance with the new standards, which immediately followed this section, were repealed 11-13-2012 by Ord. No. 2012-12.
F. 
As a condition of obtaining, renewing, or retaining a commercial refuse hauler's license, the Cecil County Department of Public Works and/or Director of Finance may require documentation that a license applicant is in compliance with the provisions of this chapter.
G. 
The licensing fee shall be set by the Cecil County Council on an annual basis per the Solid Waste Management Division fee schedule. The licensing period will be from July 1 to June 30. The County Director of Finance will issue a license certificate to the hauling company and a license/account sticker for each licensed vehicle bringing municipal solid waste, source-separated recyclable materials, or other wastes to the County's designated disposal facilities. The license sticker must be securely fastened to the driver's side of the vehicle in accordance with the instructions supplied with the license sticker and shall be visible to the scale house attendant as the vehicle approaches the scale. All licenses and stickers are nontransferable and shall be issued for a period of one year from July 1 to June 30. There shall be no reduction or prorated fee for any license issued for a partial year.
[Amended 11-13-2012 by Ord. No. 2012-12; 7-15-2014 by Bill No. 2014-16]
H. 
The commercial refuse hauler's license application form, which will be supplied by the Director of Finance, shall set forth minimum information required to establish the applicant's qualifications for a license to collect and/or transport municipal solid waste and/or source-separated recyclable materials, including, but not limited to:
(1) 
Name and mailing address of the applicant.
(2) 
Name and telephone number of contact person.
(3) 
List of all collection vehicles to be covered under the license, including, at a minimum, the following information for each vehicle:
(a) 
Identification information for each vehicle (vehicle type, vehicle license number, vehicle registration number, and company identification number).
(b) 
Date and location of most recent vehicle inspection.
(c) 
Gross vehicle weight (GVW) of the vehicle.
(4) 
Type of municipal solid waste and/or source-separated recyclable material to be collected and/or transported.
(5) 
Documentation that the applicant is providing the required services to customers in accordance with the provisions of this chapter.
I. 
All licensed commercial refuse haulers bringing municipal solid waste, source-separated recyclable materials, or other wastes to the County's designated disposal facilities must establish and maintain a credit account with the Cecil County Department of Finance. All charges will be billed to this account.
[Added 7-15-2014 by Bill No. 2014-16]
All commercial refuse haulers operating within Cecil County must comply with the following minimum standards and regulations:
A. 
All licensed commercial refuse haulers' collection vehicles conveying municipal solid waste and/or source-separated recyclable materials shall be operated and maintained in a manner that will prevent creation of a nuisance or a hazard to public health, safety, or the environment.
B. 
All licensed commercial refuse haulers' collection vehicles conveying putrescible waste shall be watertight and suitably enclosed to prevent leakage, roadside littering, attraction of vectors and the creation of odors and other nuisances.
C. 
All licensed commercial refuse haulers' collection vehicles conveying nonputrescible municipal solid waste and/or source-separated recyclable materials shall be suitably enclosed or covered to prevent litter and other nuisances.
D. 
All licensed commercial refuse haulers' collection vehicles conveying municipal solid waste and/or source-separated recyclable materials shall bear legible signs or markings identifying the name and business address of the entity owning the vehicle and the specific type of material transported by the vehicle.
E. 
All collection vehicles and equipment used by licensed commercial refuse haulers shall be subject to inspection by Cecil County Department of Public Works representatives or its authorized agents at any reasonable hour without prior notification.
F. 
Municipal solid waste and source-separated recyclable materials shall not be mixed with each other, unless approved by the Cecil County Department of Public Works.
G. 
All licensed commercial refuse haulers shall provide educational materials in hard copy and/or electronic format outlining the single stream recyclables and other recyclables accepted and the manner and frequency with which they are collected to all of their residential refuse customers at least annually. All licensed commercial refuse haulers shall provide copies of the materials distributed to their customers to the County Recycling Program Manager with the licensee's semiannual report.
[Added 7-15-2014 by Bill No. 2014-16]
A. 
All licensed commercial refuse haulers shall maintain current, up-to-date records of the municipal solid waste and/or source-separated recyclable materials collected within Cecil County. Such records and collected volume reports shall be subject to review by and made available to the County or its authorized agents upon request.
B. 
Each licensed commercial refuse hauler and tree service company shall prepare and submit semiannual reports to the Cecil County Solid Waste Management Division Recycling Program Manager. The report for the first half of the year (January through June) shall be submitted on or before July 31, and the report for the second half of each year (July through December) shall be submitted by January 31 of the following year. The report shall provide the total weight of source-separated recyclable materials collected each month from sources within Cecil County which are not disposed of at a Cecil County solid waste disposal facility.
[Amended 7-15-2014 by Bill No. 2014-16]
C. 
Each licensed commercial refuse hauler shall prepare and submit at least semiannual reports to its multiunit housing customers detailing the total estimated weight and destination (regardless of which processing facility they are taken to) of source-separated recyclable materials and residential refuse collected from that customer's facility or property. The purpose of this requirement is to enable the owners and managers of those multiunit housing complexes to comply with state recycling reporting requirements as mandated by the Annotated Code of Maryland, Environment Article 9-1703(B)(12).
[Added 7-15-2014 by Bill No. 2014-16]
A Cecil County commercial refuse hauler's license or any renewal thereof shall expire on June 30 of each year. To renew a license, the commercial refuse hauler must submit a license renewal application and fee to the Cecil County Director of Finance at least 30 days prior to the expiration date of the existing license, if renewal of the license is desired. The Director of Finance shall have 30 calendar days to process the application. If the Director of Finance fails to take action within 30 calendar days, the application will be deemed to be approved.
A. 
The Chief of the Solid Waste Management Division of the Cecil County Department of Public Works shall have the power to refuse, suspend, or revoke the Cecil County commercial refuse hauler's license of any commercial refuse hauler failing to fully comply with the rules and regulations promulgated hereunder.
B. 
Prior to refusing, suspending, or revoking such a license, the Chief of the Solid Waste Management Division shall provide written notice of the violation or violations charged to the commercial refuse hauler. The commercial refuse hauler shall have five days after service of notice to abate the violation or violations to the satisfaction of the Chief of the Solid Waste Management Division, and if abated and provided all other applicable requirements are met, the license shall be granted and/or all suspension or revocation proceedings shall terminate.
C. 
Except as provided herein, any person, firm, partnership, limited-liability company, corporation, or other business entity engaged in the business of collection and/or transportation of municipal solid waste and/or source-separated recyclable materials as defined in this chapter in Cecil County without a commercial refuse hauler's license shall be subject to a fine of not more than $100 for each day of violation.
[Amended 7-15-2014 by Bill No. 2014-16]
A. 
Holders of a Cecil County commercial refuse hauler's license may appeal a decision by the Chief of the Solid Waste Management Division to refuse, suspend, or revoke said license to the Cecil County Director/Deputy Director of Public Works.
B. 
Holders of a Cecil County commercial refuse hauler's license may appeal decisions by the Director/Deputy Director of Public Works to the Circuit Court for Cecil County; otherwise, all decisions shall be final.