Township of East China, MI
St. Clair County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Charter Township of East China 11-18-1980 by Ord. No. 117 as Ch. 3-03 of the 1980 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Blight — See Ch. 153.
Littering — See Ch. 302.

§ 389-1 Purpose and intent.

It is the intent of the Township Board that this chapter be liberally construed for the purpose of providing a sanitary and satisfactory method of collecting and disposing of municipal wastes.

§ 389-2 Definitions.

[Amended 3-17-1997 by Ord. No. 247]
As used in this chapter, the following terms shall have the meanings indicated:
ENFORCEMENT OFFICER
The Ordinance Enforcement Officer or such other person or persons so authorized by the Township Board.[1]
GARBAGE
Wastes resulting from the handling, preparation, cooking, storing, and consumption of food; wastes from the handling, storage, and sale of produce.
HAZARDOUS WASTE
Includes pesticides, herbicides, petroleum products, radioactive material, explosives, solvents, acids, poisons, alkaline material, oil-based paints, batteries of all kinds, asbestos, compressed gas cylinders, antifreeze, and used motor oil. Also any and all items as defined in MCLA § 324.11103(3).
RECYCLABLE MATERIALS
Green, clear, and brown glass; No. 1 and No. 2 plastics; newspapers and metal cans.
A. 
The miscellaneous waste material resulting from housekeeping and ordinary mercantile enterprises, trades, manufacturers, offices and stores, including ashes, cartons, tin cans, metal, small packing boxes and waste papers, excluding discarded materials from building construction or repair or refuse from industrial plants.
B. 
Specifically included within the above said definition in Subsection A of this definition is furniture, brush, and newspapers, subject to the following conditions:
(1) 
Any furniture must be broken down;
(2) 
Any brush must be cut in three-foot lengths and bundled;
(3) 
Carpets or rugs must be cut into three-foot lengths and bundled, not to exceed two cubic yards.
C. 
Refrigerators, ranges, dryers, hot-water tanks and other similar items shall be deemed to be included within the definition of rubbish to be collected by the contractor, and said contractor is responsible therefor but only to the extent noted in § 389-5D below.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 389-3 Rules and regulations.

A. 
Requirement established. Garbage and rubbish shall be collected by the Township-approved contractors or Township personnel at such time and pursuant to rules and regulations established by the Township Board.
B. 
Publication. Such rules and regulations shall be published in a newspaper in general circulation in the Township at least once before such rules and regulations become effective and as often as the Township Board shall deem necessary.
C. 
Copy available. The rules of procedure and regulations necessary to carry out the intent noted above shall be those established by the Township Board, a copy of which shall be kept available for examination at the Township Hall by the Township Clerk.

§ 389-4 Removal agreements.

A. 
Residential. Every owner, occupant or lessor, or any agent thereof, of any building where garbage or rubbish accumulates shall arrange with the contractor or the Township Clerk for garbage and rubbish collection.
B. 
Business establishments. Any establishment other than residential shall make separate agreement pertaining to the removal of waste with the contractor.
C. 
Manufacturing plants. Industrial waste from manufacturing plants may be removed upon agreement between the operator of such plants and the contractor.
D. 
Building construction or repair. Other waste materials resulting from building construction or repair may be removed by agreement between the contractor and owner.
E. 
Private in lieu of with contractor. It shall be the responsibility of the industrial user or constructor to remove industrial wastes from the plant and/or waste material resulting from building construction or repair either by agreement with the contractor or by private means, provided that all regulations of this chapter are followed.

§ 389-5 Rates and charges.

A. 
Established by Township Board. The rates for garbage and rubbish collection shall be established by the Township Board by resolution and amended at such times as deemed necessary by the Township Board to defray the cost of collection.
B. 
Statements. Statements shall be rendered monthly or quarterly and may be included with the water billing in the discretion of the Township Board.
(1) 
Due date. All charges for garbage and rubbish services shall be payable on or before the due date shown on the statement.
(2) 
Collection fee. If any garbage or rubbish charges shall not be paid on or before the due date shown on the statement, there shall be added to the amount shown on such statement a collection fee of 10%. Such collection fee shall be charged to the account of the customer and added to the next succeeding statement, and payment shall be enforced in the same manner as the original charges.
C. 
Remedy for nonpayment. The charges for garbage and rubbish service are hereby made a lien on all premises served thereby. Whenever any such charge against any premises shall be delinquent for six months, the Township official in charge of collection thereof shall certify such delinquency to the Township Assessor, and such charges shall be entered upon the next tax roll as a charge against such premises and shall be collected and the lien thereof enforced in the same manner as special assessments against such premises.
D. 
Direct payment to contractor. The contractor shall provide for the collection of materials referred to in Subsection C of the definition of “rubbish” located in § 389-2, for the individual residents of the Township, according to a collection schedule and rate of compensation to be mutually agreed upon by said contractor and the Township; provided, however, that the compensation therefor shall be paid directly by the individual resident to the contractor and the Township shall not be liable or responsible for any payment therefor.

§ 389-6 Receptacles.

A. 
Requirement established. The owner, occupant or lessor, or any agent thereof, of every premises where garbage and rubbish accumulate shall cause to be provided for said premises sufficient and proper receptacles as herein prescribed.
B. 
Garbage. All garbage receptacles:
(1) 
Construction. Shall be of substantial approved construction, free of holes, with proper handles and a tight-fitting cover.
(2) 
Individual capacity. Shall have a capacity of not less than 10 gallons nor more than 20 gallons.
(3) 
Weight. No single receptacle shall weigh more than 50 pounds when full.
(4) 
Cumulative capacity. Shall be adequate in size and number to hold one week's accumulation.
(5) 
Sanitation. Shall be maintained in a sanitary condition.
(6) 
Storage location. Shall be kept on the premises in the rear thereof within an approved distance of the rear entrance to the dwelling or premises.
C. 
Rubbish.
(1) 
Construction. Rubbish receptacles shall be metal, plastic, or wooden bushel baskets with handles, in good condition, and shall weigh not to exceed 50 pounds when full.
(2) 
Other than baskets. Rubbish containers, other than metal, plastic, or wooden baskets with handles in good condition, as herein specified, may be collected as rubbish without notice.
(3) 
Use of garbage receptacles. Except that garbage receptacles may be used as rubbish containers.
(4) 
Exception. Accumulations of rubbish larger than can be contained in a receptacle shall be securely tied in compact bundles not to exceed 50 pounds in weight and placed in a location designated by the contractor.
D. 
Broken. Receptacles that are broken, without handles, or which otherwise fail to comply with the requirements of this chapter may be classed as “rubbish” and, after due notice to the user, may be collected as rubbish.
E. 
Trash liners in lieu of. Trash liners may be used in lieu of garbage or rubbish receptacles, provided the liner is in good condition and the opening thereto is properly secured.
F. 
Fixed or stationary. Fixed or stationary garbage or rubbish receptacles may be used only upon the approval of the Township Board as to size, location and construction.
G. 
Maximum number per collection. The number of receptacles or trash liners at each residence per regularly scheduled collection shall not be in excess of 10 said receptacles, or trash liners, unless any excess receptacles or trash liners are identified in accordance with the rules and regulations as established by said Board.
(1) 
Method of determination. For purposes of determining the number of receptacles or trash liners set out for collection, each receptacle containing garbage or rubbish, including trash liners, and each item provided for in Subsection B of the definition of “rubbish” located in § 389-2 shall constitute one receptacle, i.e.:
(a) 
Example. One receptacle containing garbage or rubbish, three bundles of newspapers, and one three-foot bundle of brush would constitute five receptacles in determining the ten-receptacle-limitation provided for in this Subsection G.
H. 
Recycling containers. The contractor shall provide all residents with a recycling bin. These bins shall contain only recyclable materials. These bins shall be placed at the curb on scheduled pickup days and readily accessible to the collectors.
[Added 3-17-1997 by Ord. No. 247]

§ 389-7 Collection.

A. 
Curb pickup. Containers shall be placed at the curb on pickup days and readily accessible to the collectors.
B. 
Liners. Where approved liners are used, it will only be necessary to place the liner and contents at the curb securely bound at the top.
C. 
Empty removal. Empty containers shall not be left at the curb more than 24 hours.
D. 
Ashes. Ashes will be removed only when placed in rubbish containers as herein specified.

§ 389-8 Prohibitions.

A. 
Bury, burn, or deposit garbage/rubbish. No person shall bury or burn any garbage, or deposit garbage or rubbish upon any public way or upon any property owned by another or in any body of water within the Township, nor shall any person deposit or place any garbage or rubbish upon any premises owned or occupied by him, unless the garbage or rubbish be enclosed in a suitable container as herein required.
B. 
Burning of waste material. No waste material shall be burned except in receptacles provided for such purpose within the Township, contrary to the health or fire regulations, or in any manner as to cause offensive smoke, objectionable odors or any fire hazard.
C. 
Disturb contents. No person shall disturb the contents of any garbage or rubbish receptacle or bundle, or leave the receptacle or contents in a condition other than this chapter provides.
D. 
Authorized containers only at curb. No garbage containers or other containers for refuse, other than those of the Charter Township of East China, shall be located within the right-of-way of a street unless the placement is authorized by the Township.
[Added 3-17-1997 by Ord. No. 247]
E. 
No hazardous wastes. No hazardous wastes shall be disposed of in curbside pickup. It is the duty of each person residing within the Township to dispose of such wastes safely and legally in accordance with all applicable laws and ordinances.
[Added 3-17-1997 by Ord. No. 247[1]]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
F. 
Owner must consent to disposal. It shall be unlawful to dispose of any garbage, refuse, or ashes on any premises in the Township without the consent of the owner of such premises.
[Added 3-17-1997 by Ord. No. 247]