§ 2-3. Collections.

(a) Definitions.

(1) General.

In this section, the following terms have the meanings indicated.

(2) Condominium or cooperative.

"Condominium or cooperative" means:

(i) a condominium regime formed under the Maryland Condominium Act, State Real Property Article Title 11; or

(ii) a cooperative housing corporation formed under the Maryland Cooperative Housing Corporation Act, State Corporations and Associations Article, Title 5, Subtitle 6B.

(b) Duty to collect.

The Director of Public Works must collect all mixed refuse, recyclable materials, and yard waste from all dwellings, including multiple-family dwellings, and from all boarding houses, hotels, restaurants, hospitals, and other places where mixed refuse is accumulated, subject to the quantity limitations specified in this section.

(c) Quantity limits – General.

For each designated collection day, the amount to be collected from each place is:

(1) for mixed refuse, limited to 96 gallons; and

(2) for recyclable materials and yard waste, if bundled or contained separately from mixed refuse, unlimited.

(d) Quantity limits – Exceptions.

(1) Single-family dwellings.

Subject to Title 4 {"Administrative Procedure Act – Regulations"} of the City General Provisions Article, the Director of Public Works shall adopt rules and regulations for granting exceptions from the quantity limitations specified in subsection (c) of this section for single-family dwellings whose occupants demonstrate an inability to meet those limitations. However, the total amount of mixed refuse to be allowed under an exception may not exceed 160 gallons.

(2) Condominiums, etc.

(i) The limitations specified in subsection (c) of this section may be exceeded by the Director of Public Works for condominiums, cooperatives, and other multiple-family dwellings, other than apartment structures originally built as apartment structures, if the Director is authorized to do so by the Board of Estimates, based on considerations of public health, safety, and welfare.

(ii) Before requesting authorization to collect mixed refuse from a condominium or cooperative, the Director must:

(A) receive a written request for those services;

(B) receive documentation that a majority of the units in the condominium or cooperative are owner-occupied as a primary residence;

(C) have a right-of-entry agreement with the condominium or cooperative;

(D) approve a feasible means to collect mixed refuse from the condominium or cooperative; and

(E) approve a feasible means to collect recyclable materials from the condominium or cooperative.

(iii) To continue collecting mixed refuse and recyclable materials from a condominium or cooperative, the Director must receive biennial documentation that the majority of the units are owner-occupied as a primary residence.