[Adopted 2-28-1984 by Ord. No. 895 as
Ch. 234 of the 1984 Code; amended in its entirety at time of adoption
of Code (see Ch. 1, General Provisions, Art. II)]
A.
The Department of Public Works, established by the
Charter, shall have vested in it all powers provided by the City Charter
and this article to provide for the removal and disposal of solid
waste and recyclable materials generated and accumulated from residential
dwellings or premises receiving municipal refuse service, and to enforce
the terms, provisions and penalties of this article.
B.
This article shall be known and may be cited as the
"Municipal Refuse Service Ordinance."
The Director of Public Works and those assistants
and employees designated by the Director shall be authorized to issue
warning violations and bring court complaints, civil or criminal,
for violations of the provisions of this article. When enforcing the
provisions of this article, the Director of Public Works and the assistants
and employees shall be and are hereby constituted ordinance officers
and shall have all the powers conferred upon ordinance officers by
the general laws of this state for the purpose of enforcing this article.
The following words, terms and phrases, when
used in this article, shall have the meanings ascribed to them in
this section, except where the context early indicates a different
meaning:
Solid waste, but excluding unacceptable waste.
Act No. 641 of the Public Acts of Michigan of 1978 [MCL § 299.401
et seq.; MSA § 13.281(1) et seq.], as amended, and the administrative
rules promulgated thereunder from time to time by the State Department
of Natural Resources.
Either the material recover facility (MFR) or the landfill,
or when used in the plural, means both the MRF and the landfill.
Any material or substance which, by reason of
its composition or characteristics, is:
Toxic or hazardous waste, as defined in either
the Solid Waste Disposal Act, 42 U.S.C. § 6901 et seq.,
or Section 6(e) of the Toxic Substances Control Act, 15 U.S.C. § 2605(e),
or any rules, regulations or policies promulgated thereunder; or any
laws of similar purpose or effect, and any rules, regulations or policies
promulgated thereunder.
Special nuclear or by-products materials within
the meaning of the Atomic Energy Act of 1954.
Any waste managed under Act No. 64 of the Public
Acts of Michigan of 1979 [MCL § 299.501 et seq.; MSA 13.30(1)
et seq.] as amended, being MCL § 299.501 et seq., and known
as the Hazardous Waste Management Act.
Any other materials which the State Department
of Natural Resources or any governmental agency or unit having appropriate
jurisdiction shall determine from time to time is ineligible for disposal
in the landfill, whether by reasons of being harmful, toxic, dangerous
or otherwise.
A material recovery facility.
Materials that are designated to be separated from solid
waste prior to the collection of refuse from sites of generation and
delivered to the MRF, including but not limited to plastics, glass,
cans, newspapers and yard waste.
The miscellaneous waste material resulting from housekeeping,
also referred to as "rubbish."
Residential dwellings and premises receiving municipal refuse
service in or on which solid waste and recyclable materials are generated
and accumulated.
Waste which may be disposed of in a Type Two sanitary landfill,
pursuant to Act 641 and any regulations, rules or policies promulgated
thereunder.
Hazardous waste.
Includes drums, barrels, containers explosives,
including but not limited to dynamite, hand grenades, blasting caps,
shotgun shells, fireworks, gasoline, kerosene, turpentine, waste oil,
ether, batteries, naphtha, acetone, solvents, paints, alcohol, hydraulic
oil, petroleum, caustics, sewage or process wastewaters, leachate,
sewage sludge, foundry sand, dusty type material, flammable or volatile
liquids, any other liquids, chemical liquid wastes, acids, paste or
sludge, asbestos, infectious, pathological, chemotherapeutic, biological
and other medical waste, ashes of any kind, including but not limited
to fly ash or incinerator ash, radioactive materials, human or animal
remains, agricultural and farm machinery and equipment, tar, tree
stumps or tree limbs over two inches in diameter, and vehicular bodies,
and any other material determined from time to time to be unacceptable
by the landfill.
A private company or organization in the business of collecting,
transporting, delivering or disposing of solid waste and recyclable
materials generated within the city. Waste hauler specifically includes
the contractor hired by the city to collect, process and dispose of
solid waste and recyclable materials from sites of generation.
Miscellaneous waste material resulting from the maintaining
of landscaping of a residence which includes but is not limited to
grass, weeds, shrub and bush clippings, leaves, brush and tree trimmings.
A.
It is the intent of the city that this article be
liberally construed for the purpose of providing a sanitary and satisfactory
method of collecting, processing and disposing of solid waste and
recyclable materials from sites of generation. The Director of Public
Works is hereby authorized to make such rules and regulations from
time to time that appear to be necessary to carry out this intent;
provided, however, that such rules shall not be in direct conflict
with this article or other ordinances of the city.
B.
Persons aggrieved by a regulation or a fee charged
by the Director of Public Works shall have the right to appeal to
the City Manager who may confirm, modify, or repeal any such regulation
or fee.
A.
Charges may be assessed by the Director of Public Works for the special collection of acceptable or unacceptable waste or refuse. Such fees are based on cost of labor, equipment used, disposal fees and other applicable costs or charges. If this special charged collection is conducted, violations and penalties as described herein (§ 285-13) may become void.
B.
Special collections can be authorized by the Director
as a result of violation of provisions of this article, as well as
violations of approved, printed and distributed rules and regulations
relative to residential refuse collection of the Department of Public
Works and/or the waste hauler.
C.
The owner, lessee, or occupant shall be provided proper
notice. A minimum of 18 hours shall elapse from the time notice is
given before a special charge collection is undertaken. Emergency
situations or incidents where the health, safety or welfare of the
public may be at issue may warrant a reduction or elimination of the
waiting period.
[Amended 5-24-2005 by Ord. No. 1195]
D.
Proper notice shall be the posting of notice of violation
at a conspicuous place on the premises or residence, hand delivery
of written notice, or the first class mailing of written notice.
[Amended 5-24-2005 by Ord. No. 1195]
E.
Delinquent or nonpayment of special collection charges
are hereby made a lien on all parcels of property where special collections
took place.
Between weekly collections of solid waste and
recyclable materials, the owner, lessee or occupant of any site of
generation shall store such materials as follows:
A.
Refuse containers.
[Amended 4-14-2015 by Ord. No. 1278]
(1)
Every owner, occupant, tenant or lessee receiving
residential refuse collection shall be provided and maintain refuse
containers of sufficient number and size in order to store such refuse
tending to accumulate on such premises during the week between collections.
Said containers shall be ninety-six-gallon containers to be provided
by the Department of Public Services, and/or its waste hauler. The
first ninety-six-gallon refuse container shall be provided by the
City at no cost to the person receiving residential refuse collection.
Any additional containers or replacement containers shall be paid
for by the person receiving residential refuse collection. Refuse
containers that deteriorate or otherwise fail to meet the requirements
of this section may be claimed as refuse and, after due notice to
the parties responsible for such container, shall be collected as
refuse.
(2)
These portable refuse containers shall be made of
synthetic material and shall not be less than 96 gallons in capacity,
unless otherwise provided by the City of Roseville's refuse policy,
watertight and verminproof, with handles so that such containers can
be conveniently emptied.
B.
Recycling bins. Recyclable materials, other than yard
waste, placed curbside or at the end of the driveway for collection
shall be in the approved eighteen-gallon recycling bin or the sixty-four-gallon
recycling cart as provided by the Department of Public Works or the
approved waste hauler. Replacement or additional carts may be obtained
from the City for purchase by the person receiving residential refuse
collection.
[Amended 4-14-2015 by Ord. No. 1278]
C.
Storage of containers. The refuse containers and storage
area of same must be maintained in a sanitary condition. This storage
area shall be at or near the rear of the residence or property and
in a location where there will be no interference with the healthful
enjoyment of adjoining property.
[Amended 4-14-2015 by Ord. No. 1278]
A.
All solid waste and recyclable materials shall be
placed curbside or the end of the driveway pursuant to the policies
and procedures of the City of Roseville Department of Public Works
for weekly collection by 7:00 a.m. on the scheduled day of collection,
but not before 6:00 p.m. of the day preceding this collection. The
area for collection is in front of the curb or driveway in front of
the residence, or side, if approved by the waste hauler. Containers
shall be placed in such a way as to not be obstructed by vehicles,
and containers shall be readily accessible for collection. In the
event of snow on the street/road surface, the containers may be placed
at the end of the driveway of the residence. The Department of Public
Works shall have authority to designate the location for collection,
if necessary.
B.
Containers must be removed from the collection area
to the storage area by 12:00 noon of the day following collection.
A.
Bin recycling. All owners, lessees or occupants of
any site of generation should separate recyclable materials, excluding
yard waste, from solid waste and prepare the recyclable materials
for pickup on the scheduled collection day. These recyclables shall
be placed out for collection in the provided recycling bin and as
per the approved, printed and distributed rules and regulations of
the Department of Public Works and/or the waste hauler as provided
for in this article.
B.
Mandatory yard waste separation. Owners, lessees or
occupants of any site of generation must separate yard waste from
solid waste and place same out for pickup on the scheduled collection
day as per the approved, printed and distributed rules and regulations
of the Department of Public Works and/or the waste hauler as provided
for in this article.
All materials shall become the property of the
city or approved waste hauler at the time these materials are placed
out for collection. It shall be a violation of this article for any
person other than the city or its approved waster hauler to collect,
remove or pick up, or cause to be collected, removed or picked up,
any such materials.
Owners, lessees or occupants shall not dispose
of any solid waste or recyclable materials generated at residences
within the city other than by means of the city's or approved waste
hauler's collection. This provision shall not prevent a person from
transporting solid waste or recyclables from a person's private property
to a transfer station or similar facility or recyclables to the city's
recycling dropoff center.
A.
The city shall determine the need for and conditions
of approval of a waste hauler to perform the city's collection, disposal,
processing of solid waste, recyclables and yard waste generated from
city residences.
B.
The waste hauler approved and contracted by the city
shall be considered licensed upon entering agreement with the city.
The approved waste hauler should comply with all the following:
(1)
All provisions of this article.
(2)
All applicable federal, state, county and local laws,
statutes, rules and regulations, including but not limited to regulations
thereunder, pertaining to the collection, transportation, delivery
and disposal of solid waste, recyclable materials and yard waste.
(3)
All applicable provisions of the agreement and contract
and the rules and regulations adopted from time to time by the landfills
or similar facilities for the administration and operation of same.
A.
No person shall deposit or cause to be deposited,
sort, scatter, throw, drop or leave any waste, recycling materials,
including yard waste, refuse or garbage, on any public or private
place in the city.
B.
Raking or depositing of leaves or grass/weeds onto
the street surface is a violation of this article.
C.
It shall be unlawful for any person to throw, dump
or deposit or cause or permit to be thrown, dumped or deposited any
bottles, glass, crockery, cans, scrap metal, junk, waste paper, garbage
or old automobiles or parts thereof; refuse of whatever nature; rubbish,
either domestic or commercial; or any noxious things on or along any
public highways, streets, alleys or public places; within the limits
of any highway, street or alley right-of-way; on land or waters adjoining
a public highway or street without the consent of the owners of such
land and the Director of Public Works. It also shall be unlawful for
any person to throw, dump or deposit or cause or permit to be thrown,
dumped or deposited any such refuse or thing hereinabove referred
to over the sides or approaches of any bridge or culvert or into any
stream, canal, ditch, watercourse or body of water.
