Charles County, MD
 
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of County Commissioners of Charles County as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Garbage — See Ch. 58.
Trash disposal — See Ch. 133.
[Adopted 4-8-1986 by Res. No. 86-21]

§ 254-1 Purpose and scope.

A. 
Purpose. The purpose of this article is to define procedures for establishing a credit account at the Charles County sanitary landfill. A landfill credit account may be established for a customer, which is a corporation, partnership or an individual operating under a trade name, in order to have refuse disposal transactions at the Charles County sanitary landfill charged to an account to be billed monthly for the charges.
B. 
Scope. This procedure covers requirements to establish credit accounts, maintenance of credit files and cancellation of landfill accounts.

§ 254-2 Requirements and procedures to establish a credit account.

A. 
Making an application for credit. A corporation, partnership or an individual operating under a trade name seeking to establish a credit account shall file an application therefor on a prescribed form. This form may be obtained either at the County Finance Office or at the sanitary landfill. After the application for credit is completed and signed, it is submitted to the Finance Office for processing. The information requested in the application form shall include the following:
(1) 
The owner's name, the age of the firm, present and previous home address, present and previous business address and telephone numbers.
(2) 
If a corporation, the name of the corporation, the addresses of main and branch offices, and the date business commenced and the names and addresses of the principal officers.
(3) 
The estimated number of tons of refuse per month.
(4) 
The kind of refuse and the general area hauling from.
(5) 
Two credit references with names, addresses and telephone numbers.
(6) 
The name, address and telephone number of the customer's bank.
(7) 
Such further information as required by the Director of Finance.
B. 
Processing of application for credit.
(1) 
Upon receipt of the application for credit, the Finance Office forwards it to the Sanitation Division, Department of Public Works, for initial review and approval as to compliance with environmental policies and procedures for the sanitary landfill.
(2) 
If the application conforms to the environmental policies and procedures for the landfill, it is approved by the Sanitation Division.
(3) 
If the application for credit is rejected by the Sanitation Division, the applicant is notified by letter with an explanation as to why the request was not approved.
C. 
Cash deposit or bond requirements.
(1) 
After the application for credit is approved by the Sanitation Division, the applicant shall be required to post a cash deposit or indemnity bond. The amount of the cash deposit or indemnity bond shall be determined by the Director of Finance by multiplying the estimated net weight, in tons, of refuse to be dumped by the applicant at the landfill for two months by the per-ton tipping fee.[1] The amount of the required cash deposit or indemnity bond shall be subject to modification by the Director of Finance at any time.
[1]
Editor's Note: Rates for use of the Charles County sanitary landfill are set by resolution of the Commissioners of Charles County. Such rates are on file in the County offices.
(2) 
The cash deposit shall be made at an institution selected by the County. This deposit must be made in the name of the County Treasurer of Charles County. It may be an interest-bearing account with interest accruing to the applicant. An escrow agreement documenting the cash deposit shall be executed on a form approved by the County Attorney. An indemnity bond shall be secured by such surety or other security as may be approved by the County Commissioners. The form of an indemnity bond shall be approved by the County Attorney. The individual or entity seeking to establish a credit account shall pay the County's reasonable legal expenses in connection with the preparation and recordation of documents establishing the bonding arrangement.
(3) 
Upon receipt of a cash deposit or an approved indemnity bond for the required amount, the credit account is approved and an account number is assigned. The Finance Office completes a request for a credit account number in quadruplicate and notifies the applicant of the approved indemnity number. One copy of the request for a credit account number is retained in the Finance Office, two copies are furnished to the Sanitation Division, and one copy is forwarded to the Treasurer's office for recording the information on the new credit account into its computerized listing of landfill credit accounts.
D. 
Maintenance of credit accounts file.
(1) 
All landfill credit account applications and records will be maintained in the Finance Office.
(2) 
All indemnity bonds will be maintained in the Finance Office. Each bond shall be updated semiannually to ensure that the amount of the bond covers two months' average refuse disposal charges at the landfill.
E. 
Cancellation of landfill accounts.
(1) 
Each landfill credit account shall have 30 days from the invoice date to pay the monthly invoice with respect to its monthly refuse disposal transactions at the landfill. After 30 days, a second notice is mailed, which shall include a finance charge of 1.5% per month. This invoice will allow an additional 10 days for payment. If payment is not received within the ten-day period, the Sanitation Division will close the account for further credit transactions. All future tipping must then be on a cash-only basis. Upon receipt of the payment, the account may be reopened by the Sanitation Division. However, if the payment is not received, the accumulated charges up to the date of closing are deducted from the cash deposit on hand. If there is an insufficient deposit, the claim is forwarded to the County Attorney's office to effect recovery of charges. In those cases for which a bond has been posted, demand shall be made for payment of the unpaid balance from the surety, and appropriate action for collection shall be taken by the County Attorney.
(2) 
A landfill credit account may be closed voluntarily by written notice from the company to the County. The Finance Office, upon closing the credit account, will process a payment request to refund the cash deposit plus accrued interest to the company or notify the bonding company to cancel the bond. The Sanitation Division will be notified of such action by the Finance Office.
F. 
Effective date. This procedure shall be effective immediately and shall be applicable to all existing credit accounts; provided, however, that the Director of Finance, with the consent of the County Commissioners, may delay the implementation of the procedures set forth herein as applied to existing credit accounts until June 1, 1986.
[Adopted 9-1-1992 by Res. No. 92-63[1]]
[1]
Editor's Note: This resolution superseded former Ch. 284, Trash Disposal Areas, adopted 8-25-1982 by Res. No. 82-60.

§ 254-3 Definitions.

As used in this article, the following terms shall have the meanings indicated:
TRASH
Any domestic refuse from households or commercial establishments.

§ 254-4 Unacceptable refuse.

A. 
Hazardous waste, as defined in the Environmental Article of the Annotated Code of Maryland [COMAR 26.13.01.03B(26)].
B. 
Industrial waste, as defined in the Environmental Article of the Annotated Code of Maryland [COMAR 26.13.01.03B(26)].
C. 
Infectious waste, as defined in the Environmental Article of the Annotated Code of Maryland [COMAR 26.13.01.03B(26)].
D. 
Radioactive materials, as defined in the Environmental Article of the Annotated Code of Maryland [COMAR 26.13.01.03B(26)].
E. 
Free or liquid waste, as defined in 47 CFR 8311 (1982). This shall include any raw sewage, effluent or sludge from a wastewater treatment process or septic system.
F. 
Any animal, animal carcass or parts of any description.
G. 
Garbage, trash or refuse collected or generated outside the geographical limits of Charles County. The presence of addressed mail, correspondence or shipping tags within the trash which indicates addresses which are outside the geographical limits of Charles County shall create a presumption that the trash was collected or generated outside the geographical limits of Charles County.
H. 
Tree stumps or limbs larger than four inches in diameter.

§ 254-5 Authorized users.

A. 
Residents of Charles County may dispose of trash at any sanitary landfill during normal business hours.
B. 
Business establishments of Charles County may dispose of trash at any sanitary landfill during normal business hours subject to these regulations.
C. 
Commercial trash haulers which dispose of garbage at a Charles County sanitary landfill must obtain a permit as provided in these regulations.
D. 
All persons using the facilities provided at a Charles County sanitary landfill shall do so under the supervision of County personnel, and failure to dispose of garbage, trash or refuse as directed shall constitute a violation of these regulations.
E. 
No permit shall be issued pursuant to these regulations unless the applicant furnishes satisfactory evidence of having obtained all permits pertaining to the disposal of garbage, trash or refuse required by the Charles County Health Department.

§ 254-6 Permits.

Permits for the use of the Charles County sanitary landfill will be issued in accordance with the following procedure: Commercial haulers who transport garbage, as defined in the Charles County Code 132(a), shall be required to have their vehicles inspected annually and comply with Charles County Code 132(b). An annual fee of $25 will be assessed. The permit period begins on August 1 of each year.

§ 254-7 Fees.

Fees for use of the Charles County sanitary landfills shall be paid in advance and shall be in accordance with the Schedule of Fees adopted by Charles County.[1] Failure to make payment of any required fees shall constitute a violation of these regulations.
[1]
Editor's Note: The Schedule of Fees is on file in the County offices.

§ 254-8 Revocation of permits; violations and penalties.

A. 
The County is empowered to revoke any permit for reasonable cause.
B. 
Violation of these regulations shall constitute a misdemeanor and, upon conviction thereof, the violation shall be subject to punishment by a fine of not to exceed $500.
C. 
County sanitary landfill personnel will, on a regular basis, check for the contents of trash which is brought into the landfill for disposal by commercial haulers to ensure its acceptability. The sanitary landfill staff will search for any correspondence, envelopes, invoices, bill of lading for receiving goods, etc., that contain addresses for places outside the geographical limits of Charles County.
D. 
Six individual bags of refuse containing multiple correspondence as described in Subsection C above will be considered adequate evidence of out-of-County refuse.
E. 
Any person or entity found to be in violation of bringing out-of-County garbage, trash or refuse into a Charles County sanitary landfill will be subject to the following:
(1) 
First offense: one-thousand-dollar fine; removal of all out-of-County garbage, trash or refuse, and suspension of truck permit until all refuse is removed.
(2) 
Second offense: one-thousand-dollar fine; thirty-day suspension of truck permit; and removal of all out-of-County garbage, trash or refuse, and suspension of truck permit until all refuse is removed.
(3) 
Third and subsequent offense: two-thousand-five-hundred-dollar fine; six-month suspension of truck permit; and removal of all out-of-County garbage, trash or refuse, and suspension of truck permit until all refuse is removed.
F. 
Failure to comply with conditions stipulated in Subsection E above within one working day shall result in revocation of truck permit.
G. 
The County reserves the right to prohibit the use of the landfill to anyone who violates any of these regulations.