3113

MONTGOMERY COUNTY

CLEANING AND REPAIRING AS A MUNICIPAL SERVICE AND IN
WHICH COUNTY STREET CLEANING AND REPAIRING SERVICE IS
NOT PROVIDED SHALL RECEIVE AN ANNUAL CREDIT TOWARDS
REFUSE DISPOSAL CHARGES OTHERWISE PAYABLE HEREUNDER OR
REFUND OF CHARGES PAID, AS THE CASE MAY BE, UPON
APPLICATION, FOR THE COLLECTION AND DELIVERY OF REFUSE
AS DEFINED IN THIS SUBSECTION TO COUNTY DISPOSAL
FACILITIES, CONSISTING OF THE COMPUTED COUNTY AVERAGE
NUMBER OF TONS OF REFUSE COLLECTED PER MILE FROM ALL
STREETS AND ROADS OPEN AND USED BY THE GENERAL PUBLIC
RECEIVING STREET CLEANING SERVICE. THE STATE, OR ANY
FEDERAL AGENCY HAVING PROPERTY WITHIN THE COUNTY
PROVIDING STREET CLEANING AND REPAIR SERVICE FOR
STREETS, ROADS, OR OTHER RIGHTS-OF-WAY WHICH ARE OPEN
TO AND USED BY THE GENERAL PUBLIC, SHALL ALSO RECEIVE
SUCH CREDIT OR REFUND, UPON APPLICATION.

(2)   THE ANNUAL COUNTY AVERAGE NUMBER OF
TONS OF REFUSE SHALL BE DETERMINED BY THE DEPARTMENT
OF PUBLIC WORKS PRIOR TO JULY 1 OF EACH FISCAL YEAR
AND SHALL BE APPLICABLE FOR THE ENTIRE SUCCEEDING
FISCAL YEAR. EFFECTIVE JULY 1, 1971 FOR THE FISCAL
YEAR 1971-1972 THE ANNUAL AVERAGE NUMBER OF TONS AS
DETERMINED BY THE DEPARTMENT SHALL BE TWENTY (20) TONS
PER MILE FOR EACH MILE OF SUCH PUBLIC ROADS AND
STREETS RECEIVING STREET CLEANING SERVICE.

(3)  AN APPLICANT FOR A CREDIT OR REFUND
MUST COMPLETE AND FILE WITH THE DEPARTMENT OF FINANCE
AN ANNUAL REPORT ON OR BEFORE THE FIFTEENTH DAY OF
JULY COVERING THE PRECEDING FISCAL YEAR, IN SUCH FORM,
AND VERIFIED IN SUCH MANNER, AND CONTAINING SUCH
INFORMATION AS MAY BE PRESCRIBED BY THE DIRECTOR OF
FINANCE. THE DEPARTMENT OF FINANCE SHALL COMPUTE SUCH
CREDIT OR REFUND AFTER RECEIPT OF SUCH ANNUAL REPORT
AND SHALL FURNISH SUCH CREDIT OH REFUND PROMPTLY TO
THE APPLICANT.

(4)   REFUSE FOR THE PURPOSE OF COMPUTATION
OF THE ANNUAL CREDIT OR REFUND UNDER THIS SUBSECTION
SHALL INCLUDE ONLY LEAVES, STREET SWEEPINGS, TREE
PARTS AND TRIMMINGS, PAPER, BOTTLES, CANS, CARDBOARD,
DEBRIS FROM STREET REPAIRS, DIRT AND DEAD ANIMALS.
REFUSE SHALL NOT INCLUDE ANY OF THE FOREGOING ITEMS OR
ARTICLES WHICH HAVE BEEN REMOVED FROM ADJACENT
PROPERTY AND HAVE BEEN DEPOSITED OR PLACED BY ANY
PERSON UPON ANY SUCH PAVED STREET OR ROAD FOR
COLLECTION. THIS CREDIT OR REFUND IS BASED ON THE
DIRECT BENEFIT OF SUCH CLEANING ACCRUING TO THE
GENERAL PUBLIC USING PUBLIC STREETS AND ROADS.