Wicomico County adopts emergency ordinance restricting out-of-county solid waste, adds penalties and operational rules

The Wicomico County Council on Aug. 5 enacted Legislative Bill 20-25-11 as an emergency act to codify the operating days, hours and locations of the county sanitary landfill, convenience centers and recycling centers; to require compliance by commercial haulers; to prohibit unlawful disposal of solid waste originating outside the county; and to establish penalties and an administrative appeal process.

Mr. Benson read the bill’s emergency title and scope, and the council opened a public hearing; no members of the public spoke during that hearing. Council members then debated several substantive amendments over the course of a prolonged discussion that included staff from Public Works and the county law department.

Adam Corry, identified in the meeting as Acting Landfill Superintendent, Mike Swaby, Deputy Director of Public Works, and Andrew Illuminati of the law department responded to council questions and explained proposed enforcement mechanics. Councilmember Ennis moved multiple amendments (by section references in the code) that the council voted to adopt in series. Key changes adopted by amendment included:

- Replacing the word “contractor” with “commercial hauler” in relevant subsections to focus provisions on commercial refuse carriers. - Creating a penalty structure for disposal of out-of-county solid waste with escalating consequences: a first offense initially placed a person or commercial hauler on probation; the council amended the probation period to two years to address appeal timelines. - Adding a civil-infraction option in subsection a so that a first offense would be “guilty of a civil infraction punishable by a fine of not more than $1,000” (the council added that civil-infraction language in addition to administrative penalties). - Specifying that the Director of Public Works or the director’s designee is authorized to issue citations and to provide written notice of penalties that includes date/time/location, description of facts, specific penalty, effective date and appeal rights. - Creating an administrative appeal process to the Wicomico Board of Appeals with a 10-day filing deadline and staying administrative penalties while an appeal is pending.

Council members discussed how the ordinance interacts with existing county code (Chapter 156, Article 1 on unlawful disposal) and state criminal littering statutes. County legal staff raised due-process timing issues, noting that appeals up to the circuit court could extend beyond a one-year probationary window; the council adopted a two-year probation period for escalation to subsequent offense levels.

Public comment during the meeting focused on landfill management and communications. Mike Goldberg, identified as a Wicomico County resident, criticized the county executive’s handling of an earlier landfill crisis and said the executive’s absence from a July work session was a “dereliction of duty.” Robert Taylor, another resident, commended the council for acting quickly and asked about whether diversion of loads could be affecting satellite convenience centers.

After adopting a series of amendments, the council voted on the ordinance. Councilman Holloway, Councilman Hastings, Councilman Shields, Councilman Nennas and Vice President Merritt voted aye, and the chair voted aye. Legislative Bill 20-25-11 passed unanimously as an emergency act.

Nut graf: The ordinance sets operational rules and an enforcement pathway for out-of-county waste and commercial haulers, pairing civil infractions with administrative penalties and an appeal process; council members modified probation and fine language to address practical enforcement and due-process concerns.

Ending: The emergency act took effect immediately upon passage consistent with the council’s action and will be codified in Chapter 156 of the Wicomico County Code as amended by the council’s votes.