ARTICLE IV: MUNICIPAL SOLID WASTE
SECTION I
Title: This ordinance shall be known and may be cited as the "Municipal Solid Waste" Ordinance of the City of Frostburg.
SECTION II
Definitions: For the purposes of this Ordinance, the following terms, phases, words and their derivations shall have the meaning given herein. When inconsistent with the context, the words used in the present tense include future; words in the plural number include singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory:
Allegany County Solid Waste Management — shall include the Solid Waste Management Plan as required by the State of Maryland and the Solid Waste Management Board as appointed by the Allegany County Commissioners.
Bags — shall mean any commercially produced bag, designed for solid waste, regardless of size and sold as a "garbage or trash" bag.
Bulk Items — Materials that are not considered normal household waste such as furniture, construction materials, carpeting, appliances not containing Freon based refrigerants or any accumulation of "Solid Waste" in excess of the limits set forth in the Ordinance or not properly prepared for pickup as set forth in this Ordinance. The definition of Bulk Items shall not include any appliances with Freon based refrigerants, tires, batteries, paint or other chemicals or materials prohibited as set forth in SECTION IV.
Commercial Waste — shall include materials generated from non-residential home activities including for-profit businesses and construction waste or materials.
Construction Materials — shall include those materials generated by a contractor and/or a homeowner and shall include items such as dry wall, carpet, doors, pipe, kitchen and bathroom fixtures and other wood items.
Dumpster — shall mean a commercial container designed for solid waste that is sited on a property and serviced by a private solid waste hauler. For all new construction, dumpsters must be sited within the requirements of SECTION 320 of the Zoning Ordinance for the City of Frostburg. For existing structures, siting will be based on a case by case determination
Residential Customer — shall include all residential home units including single family homes and multi-tenant facilities of four (4) units or less.
Solid Waste — shall include materials commonly known as garbage, refuse and rubbish that are generated in the normal course of life in a residential home setting and shall not include any commercial waste or construction waste or materials.
SECTION III
Collections: The City shall collect the permitted amount and types of solid waste from residential locations once each week. Collection routes shall be planned so that approximately one third (1/3) of the City will be collected on Tuesday, Wednesday and Thursday. When a Holiday occurs during one of the three collection days, the City shall collect solid waste for that portion of the City on either Monday or Friday. Solid waste may be placed
at the curb or other designated location for pickup not before 8:00 p.m. of the night before the set collection day and must be in place by 7:00 a.m. of the set collection day. For any solid waste placed out for collection after the City truck has passed that address will not be collected until the following week and shall be removed from the curb by the property owner or resident, or other designated location.
SECTION IV
Types of Solid Waste: The City reaffirms that its Solid Waste collection services are for residential solid waste materials only and not bulk items, furniture or construction materials. These types of materials may be collected during the City's Annual Bulk Pickup. Any materials or substances listed as prohibited from being placed in a sanitary landfill by State or Federal law or regulation or by the provisions of the Allegany County Solid Waste Management Plan or by the owner and/or operator of the sanitary landfill used for solid waste in Allegany County shall not be collected by the City of Frostburg. Persons knowingly placing such materials out for City collection may be considered as violating the provisions of this Ordinance.
SECTION V
Bags Mandated: All solid waste must be properly prepared for pick up by being placed in commercially produced bags, intended for household solid waste and be securely closed. The bags may be placed in cans to prevent being torn open by animals or weather. Lose materials placed in cans will not be collected. One exception to the requirement of commercially produced bags is the use of plastic bags from retail stores or grocery stores. These bags may only be used if they are secured and placed in a can as they are not designed to be exposed to the weather.
SECTION VI
Amount of Solid Waste: The maximum amount of solid waste that each household would be permitted to set out for the Weekly Collections would be set at 8 bags. Any bag or can of solid waste shall not exceed 40 pounds in total weight. For cans, this shall include the weight of the can. Cans shall not exceed a volume capacity of 50 gallons. Cans that require two workers to lift shall not be permitted.
SECTION VII
Multi-Tenant Buildings — Any established multi-tenant buildings with five (5) or more units at the same address shall be required to contract with a private hauler for the removal of the solid waste and its collection in a dumpster. The City will work with each property owner to addresses circumstances where the properties do not permit a dumpster to be located either due to the lack of side or rear yard space or where the private hauler has indicated that they can not access the property to set and service a dumpster. On a case by case basis the City may determine that it is not feasible for a specific property to have a dumpster located on their property.
SECTION VIII (as amended by Ordinance 2011-08)
Storage of Solid Waste — No person shall place any solid waste in any street, alley or other public place within the City unless it is in bags or cans as set forth within the provisions of this Ordinance for collection. All solid waste being stored between City collections shall be placed in leak proof containers as set forth in Section 308.3.2 of the International Property Maintenance Code. Stored solid waste may not be visible from the street and shall be placed either in the rear of the property or when stored on the side must be screened.
No person shall cast, place, sweep or deposit anywhere within the City any solid waste in such a manner that it may be carried or deposited by the elements upon any street, sidewalk, alley, sewer, parkway or other public place, or into any occupied or unoccupied premise in the City. Any unauthorized accumulation of solid waste on any premises is hereby declared to be a nuisance and is prohibited. Failure to remove any existing accumulation shall be deemed a Municipal Infraction and subject to the penalties provide within the City Code.
SECTION IX
Recycling — The Mayor and City Council are committed to the goal of increasing the amount of recycling as an ongoing part of the effort to reduce the amount of solid waste generated within the City and/or on a per household basis. The City shall cooperate with the Allegany County Solid Waste Management Board on the siting and marketing of a recycling location inside the City for all materials including a dedicated cardboard trailer and a dedicated plastics trailer.
Cardboard — It is the City's intent that residents make every effort to recycle cardboard from their home solid waste. However the City will permit cardboard that is unable to be recycled to be placed in residential cans along with the other bagged solid waste. Larger amounts of this type of cardboard may be placed at the curb along with the bagged solid waste for pickup. However these larger amounts of cardboard must be broken down into the smallest size possible and securely bundled with rope or tape. These larger bundles will count towards the maximum 8 bag weekly limit.
SECTION X
Yard Waste — The City will assess the use of a dedicated compost site at the Mountain View Landfill for yard waste. Collections shall be done weekly on either Monday or Friday, in season, with additional collection days during October and November. Yard waste, such as grass clippings, garden materials and leaves, must be contained in the same manner as household solid waste. Brush and tree branches must be tied in bundles not longer than six (6) feet in length.
SECTION XI
Bulk Pick Ups — The City may hold an annual Bulk Pick Up where residents may place out for collection larger amounts of materials. Each residential unit may place out for pick up an amount of materials equal to the volume of a pick up truck bed or the hopper of the City's rear-loaded garbage truck. Materials excluded include any appliances with Freon based refrigerants, tires, batteries, paint or other chemicals or materials prohibited as set forth in SECTION IV. There shall be no additional fee for the annual bulk pick up, unless the amount set out by a resident exceeds the volume set forth above. If a residence has more that the amount permitted, a Special Pickup Charge shall be billed to the property owner.
SECTION XII
Budgeting — Solid Waste Collection is a business like activity undertaken by the City government, similar to water and sewer. It is addressed in the annual City Budget in the Garbage Fund. It shall be the policy of the City of Frostburg to have the Garbage Fund self-sufficient without financial support for operating expenses from the Corporate Fund. At the time of the adoption of this Ordinance, the Garbage Fund is providing for the repayment of the financing for the garbage truck. It shall be the policy of the City of Frostburg to maintain budget line item levels into the future in order to provide for future equipment purchases. The setting of all Quarterly Charges and Special Pick up Fees for Solid Waste Collection shall be done in the annual Budget Ordinance.
SECTION XIII
Enforcement — It shall be the policy of the City of Frostburg to enforce the provisions of this Ordinance through the office of the Code Enforcement Inspector, Police Department and Street Department. Violations of any portion of this Ordinance shall be deemed as a Municipal Infraction and a Fine may be imposed of $100 for the first offense and $250 for the second and subsequent offenses, amending the provisions of Ordinance 2010-9 as adopted on November 18, 2010.
The City picks up yard waste (compost material, grass, leaves, brush, and tree branches up to 4” maximum diameter) the second Monday of each month from spring to fall. The County Compost site is located 4 miles east of Cumberland at the North Branch Industrial Park from MD 51 (Oldtown Road), Wednesday through Sunday, 10am – 6pm.
Other recycling opportunities are available through the Mountain View Landfill, MD 36 2 miles south of Frostburg, or the Penn-Mar Recycling Center, located just past the Allegany County Office Complex, Kelly Road, Cumberland. For more information, visit www.gov.allconet.org/recycle.
City code enforcement personnel will issue warnings and citations in conformance with Article IV of the City Code, which addresses refuse collection. Regulations are established by the Street Superintendant and approved by the Frostburg Director of Public Works. The following are a list of legally required practices which if not followed could trigger enforcement:
• When set out for recycling or for regular collection, cardboard must be flattened and bundled.
• When set out for recycling or for regular collection, brush or tree branches must be bundled in sections no longer than 6 feet.
• No container or bundle may weigh over 50 pounds; if not collected, this heavy material must be broken down into smaller containers or bundles for the next collection; any items not picked up must be promptly removed from the street.
• Containers for refuse must be in good condition; damaged containers that are dangerous for workers may not be picked up and must be replaced; unclean or insanitary containers may be picked up and destroyed.
• Containers or plastic bags may be used; if plastic, the bag must be securely tied. Paper bags can be used only if placed inside a container.
• If containers are vandalized or damaged, the property owner or occupant (tenant) is responsible for cleaning up the resulting debris.
• No loose refuse may be placed anywhere; especially in a stream or body of water (dumping). All refuse must be in approved containers. Scattering of refuse so that it is subject to the elements is also prohibited.
• Unauthorized accumulation of refuse on any property is a nuisance and must be cleaned up within 30 days.
• Containers intended for collection shall be placed in open view adjacent to but not on the public way (not on the surface of the street).
• No hazardous materials are to be placed for collection. The County will hold special collection days for household hazardous wastes, which must be stored. Items may include paint in liquid form, medical waste, radioactive materials, car parts, drums or tanks, septic or sewer wastes, chemical or petroleum-based products. Please visit the County Recycling Office web site for more information.
• Times set for putting out refuse are from 8pm the day before the scheduled collection to 7am the same day, subject to seasonal variations. If collection is missed, it must be removed promptly from the street and stored for the next pickup. No callbacks are allowed.
• Containers are to be put back in storage, out of sight, promptly after pickup.
• Unreasonable amounts from a property may be refused, particularly if there is evidence that trash is being imported to the property and is not generated on site. Occasional large accumulations will generally be picked up. Additional charges may be levied if large accumulations are found on a recurring basis.
If any property owner or tenant receives a City notice or warning, please take care of the problem immediately. Municipal Infraction citations are set at $1,000 if warnings are ignored.
