[HISTORY: Adopted by the Township Board of the Charter Township
of Cascade as indicated in article histories. Amendments noted where
applicable.]
[Adopted 12-19-1979 by Ord. No. 6-1979 (Part 77 of the 1991
Compilation of Ordinances)]
This article shall be known and may be cited as the "Cascade
Charter Township Waste Management Ordinance."
As used in this article, the following terms shall have the
meanings indicated:
An individual, sole proprietorship, partnership, corporation,
association, municipality, this state, a county, or any other entity
or governmental authority created by statute, which has applied for
a permit or license under this article.
The residue from the burning of wood, coal, coke, refuse,
wastewater, sludge or other materials.
A waste transfer facility, incinerator, sanitary landfill,
waste processing plant or other waste handling or disposal facility
utilized in the disposal of waste matter.
Rejected food wastes including waste accumulation of animal,
fruit or vegetable matter used or intended for food or that attends
the preparation, use, cooking, dealing in, or storing of meat, fish,
fowl, fruit or vegetable.
Waste, or a combination of waste and other discarded material,
including solid, liquid, semisolid, or contained gaseous material,
which, because of its quality, concentration or physical, chemical
or infectious characteristics, may cause or significantly contribute
to an increase in mortality or increase in serious irreversible illness
or serious incapacitating but reversible illness, or pose a substantial
present or potential hazard to human health or the environment if
improperly treated, stored, transported, disposed of, or otherwise
managed. Hazardous waste does not include material which is in domestic
sewage discharge, or solid or dissolved material in an irrigation
return flow discharge, authorized industrial discharge to a municipal
treatment system, or industrial discharge which is a point source
subject to permits under Section 402 of the Clean Water Act of 1977,
33 U.S.C. § 1342. A source, special nuclear, or by-product
material, as defined any the Atomic Energy Act of 1954, 42 U.S.C.
§§ 2011 to 2282, shall also be considered as hazardous.
The Kent County Department of Health.
A full-time administrative officer of the County Department
of Health.
The Township Manager of Cascade Charter Township or his designee.
The form provided by the Department of Natural Resources,
used for identifying the quantity, composition, origin, routing and
destination of hazardous waste during its transportation from the
point of generation to the point of disposal, treatment or storage.
An individual, sole proprietorship, partnership, association,
corporation or other entity (public or private), organized or existing
under the laws of this state or any other state, including a federal
corporation. "Person" shall also mean any municipal, county, state,
or federal government, but excluding the Township or a special district
of the Township having taxing powers.
Nonputrescible waste matter consisting of both combustible
and noncombustible waste, including paper, cardboard, metal containers,
yard clippings, wood, glass, bedding, crockery, demolished building
materials, or litter of any kind that may be a detriment to the public
health and safety.
A rule or regulation promulgated by the Township Manager
or the Township Board pursuant to this article.
A tract of land developed, designed or operated for the disposal
of solid waste, ashes, garbage or rubbish; but excluding any hazardous
waste matter.
A person who owns or operates a waste-transporting unit.
Garbage, rubbish, ashes, incinerator ash, incinerator residue,
street cleanings, municipal, commercial and industrial; liquids, sludges
or solids, animal waste, solid waste, or hazardous waste matter; but
does not include human body waste or liquid.
A tract of land, building or unit, or appurtenance of a building
or unit, or a combination of land, buildings and units that is used
or intended for use for the processing of waste matter or the separation
of material for salvage or disposal, or both.
A tract of land, building or unit, or appurtenance of a building
or unit, or combination of land, buildings and units that is used
or intended for use in the rehandling or storage of waste matter incidental
to the transportation of the waste matter. A waste transfer facility
does not include any tract of land if the waste containers have an
individual volume of 10 cubic yards or less, and do not have an aggregate
total volume of 65 cubic yards or less, and are used only for the
storage of waste matter generated on the site.
A container, which may be an integral part of a truck, or
other piece of equipment used for the transportation of waste matter.
The Township Manager is directed to encourage only plans, operations
or methods for the disposal of waste matter which are environmentally
sound, which maximize the utilization of valuable resources, and which
encourage resource conservation, including source reduction and source
separation, and which protect the general health, safety and welfare
of the Township.
A.
A person shall not establish a disposal facility without an operating
permit from the Township Manager. A person proposing the establishment
of a disposal facility shall make application for a permit to the
Township Manager on a form provided.
B.
The application for an operating permit shall contain the name and
residence of the applicant, the location of the proposed disposal
facility, and other information considered necessary by the Township
Manager. The application shall be accompanied by a fee that has been
established on a graduated scale from $100 to $700. The Township Manager
shall establish by rule the scale for determining the initial permit
application fee. The scale shall be based on the site size, projected
waste volume, and nature of the waste. The application shall be accompanied
by a determination of existing hydrogeological conditions specified
in a hydrogeological report and monitoring programs consistent with
rules promulgated by the Township Manager or Board for groundwater
and surface water quality standards, an environmental assessment,
an engineering plan, and a contamination contingency plan.
C.
Before the submission of an application for an operating permit for
a new waste disposal facility, the applicant shall request an advisory
analysis from the Health Officer. However, the applicant may file
an application for a permit not less than 15 days after the request
and notwithstanding an analysis result.
D.
Upon receipt of an operating permit application, the Township Manager
shall:
(1)
Immediately notify the Township Board and Planning Commission, the
local soil erosion and sedimentation control agency, the designated
regional solid waste management planning agency, and the Health Department.
(2)
Publish a notice in a newspaper having major circulation in the Township.
The required published notice shall contain a map indicating the location
of the proposed disposal facility and shall contain a description
of the proposed action and the location where the complete application
package may be reviewed and copies may be obtained.
(3)
Indicate in the public, departmental, and agency notice that the
Township Board shall hold a public hearing on the proposed disposal
facility if a written request is submitted by the applicant, a resident
or an agency. The request shall be validated by the Township Clerk.
This public hearing shall be held after the Township Manager makes
a preliminary review of the application and all pertinent data and
before an operating permit is issued.
(4)
Review the plans of the proposed operation to determine if it complies
with this article and the rules promulgated under this article. The
review shall be made by persons qualified in hydrogeology and waste
matter engineering. Written recommendations by these persons shall
be received before a permit is issued. If the site review, plan review,
and the application meet the requirements of this article and the
rules promulgated under this article, the Township Manager shall issue
the permit which may contain stipulations specifically applicable
to the site and operation. An expansion, enlargement or alteration
of a facility beyond the specified areas indicated in the original
application shall constitute a new proposal for which a new permit
is required.
E.
The Township Manager shall make a final decision on a permit application
within 120 days after the Township Manager receives the complete application.
If the Township Manager fails to make a final decision within 120
days, the permit shall be considered issued.
A.
An operating permit shall expire one year after the date of issuance.
A permit that has expired may be renewed upon payment of a permit
renewal fee and submission of any additional information the Township
Manager may require. The permit renewal application fee shall be established
on a graduated scale from $100 to $700. The Township Manager shall
establish the criteria by rule for determining the permit renewal
application fee. The criteria shall be based on site size, projected
waste volume, and nature of the waste.
B.
A person who operates an existing disposal facility shall make a
renewal permit application in the same manner as a new disposal facility.
C.
Upon receipt of a permit renewal application for an existing disposal
facility, the Township Manager shall inspect the site and determine
if the proposed continued operation complies with this article and
the rules promulgated under this article.
D.
The Township Manager shall not permit a disposal facility to operate
without an approved hydrogeologic monitoring program. The Township
Manager shall use the results of this information in conjunction with
other information about the facility to determine a course of action
regarding further permitting of the disposal facility consistent with
this article. In deciding a course of action, the Township Manager
shall consider, at a minimum, the health hazards, environmental degradation,
and other public or private alternatives. The Township Manager may
suspend a permit or issue a timetable (schedule) for compliance for
the disposal facility or operation, including specific remedial measures.
This timetable shall not extend beyond nine months.
A.
At the time of initial permitting of a disposal facility, an instrument
which imposes a restrictive covenant upon the land involved shall
be executed by all of the owners of the tract of land upon which the
disposal facility is to be located. The instrument imposing the restrictive
covenant shall be filed for record by the Township Manager in the
office of the Register of Deeds of Kent County. The covenant shall
state that the land described in the covenant has been or will be
used as a disposal facility, and that neither the property owners,
their servants, agents or employees, nor any of their heirs, successors,
lessors, or assigns shall ever engage in any filling, grading, excavating,
drilling, development or mining on the property without authorization
of the Township. In giving authorization, the Township shall consider
the original design, type of operation, material deposited, and the
stage of decomposition of the fill. Authorization shall not be unreasonably
withheld.
B.
The Township Manager may require that a Township Inspector be present
at the disposal facility during operating hours. This inspector shall
have the authority to reject any load of waste matter which does not
conform to the operating permit. A copy of each manifest shall be
retained by the inspector for Township use. The inspector shall make
investigations as necessary to ensure compliance with the operating
permit.
C.
Reasonable and necessary costs of providing this inspector shall
be billable to the disposal facility operator.
D.
Upon closing, the operator of a disposal facility shall restore the
area to a natural and presentable state and erect a monument declaring
the nature and amount of the waste matter deposited.
A.
The Township Board may suspend a permit after reasonable notice and
hearing if the Township finds that the disposal facility is not being
operated in accordance with the permit, this article, the rules promulgated
under this article, or the statutes of the State of Michigan or rules
promulgated thereunder by any agency of the state.
B.
The Township Manager may issue a cease and desist order to a person
who constructs or operates a disposal facility without a permit, or
to a person who holds a permit but constructs or operates a disposal
facility that is not in accordance with the permit, this article,
the rules promulgated under this article, or the statutes of the State
of Michigan or rules promulgated thereunder by any agency of the state.
C.
The Township Manager shall specify, in writing, the reasons for suspension
of an operating permit, specifying those particular sections of ordinances,
rules promulgated under this article, or state statute or rule which
may be violated by the disposal facility operator and in what manner
the violation occurred.
Fees collected under this article shall be deposited with the
Township Treasurer who shall keep the deposits in a special fund designated
for use in carrying out the purposes of this article.
This article shall not be construed to prohibit an individual
from disposing of solid waste matter from the individual's own
household upon the individual's own land as long as the disposal
does not create a nuisance or hazard to health or conflict with other
laws, ordinances, rules or regulations. Waste matter accumulated as
a part of an improvement or the planting of privately owned farmland
may be disposed of on the property if the method used is not injurious
to human life or property and does not unreasonably interfere with
the enjoyment of life or property or conflict with other laws, ordinances,
rules or regulations.
Before the Township Manager may issue an operating permit or
a waste hauler license, the applicant shall submit to the Township
Manager a surety bond in favor of the Township to assure operation
in accordance with this article, and rules promulgated under this
article, according to the following schedule:
A.
A surety bond in form approved by the Township Attorney submitted
for a hazardous waste disposal facility shall be in an amount equal
to $400,000 per acre of disposal facility, but not less than $2,000,000.
Each bond shall be renewed to provide assurance for the maintenance
of the disposal facility for a period of 100 years after the disposal
facility is closed.
B.
A surety bond in form approved by the Township Attorney for any other
disposal facility shall be in an amount equal to 1/4 of 1% of the
construction cost of the facility, but shall not be less than $400,000
and shall be continued in effect for a period of 50 years after the
disposal area is closed.
C.
Each waste hauler shall submit a bond in form approved by the Township
Attorney for spill containment and restoration in the amount of $500,000
per waste transporting unit.
A.
Each waste hauler using these facilities shall be licensed by the
Township. Each solid waste transporting unit shall be required to
carry a seal indicating compliance. The application for a waste hauler
license shall be made before operation to the Township Manager on
a form provided by the Township Manager and shall be accompanied by
a license application fee of $50, plus $20 for each waste transporting
unit operated by the applicant. Each additional waste transporting
unit placed in service after a new or renewal application has been
filed for the current year shall be reported to the Township Manager
on a form provided by the Township Manager and shall be accompanied
by the appropriate unit fee before the Township Manager may issue
the required seal. If an applicant meets the requirements of this
article and the rules promulgated under this article, the Township
Manager shall issue a license.
B.
The Township Manager shall inspect the waste transporting units in
accordance with procedures established by the Township Manager and
shall determine that the waste hauler has, in operation, only waste
transporting units which are proper and hygienic, that the waste transporting
units do not leak or contribute to litter, and that all waste is delivered
to disposal facilities permitted under this article. A license shall
expire one year after the date of issuance. A seal furnished by the
Township Manager shall designate the year for which the waste hauler
license was issued and shall be affixed to each waste transporting
unit. A private individual may transport the individual's own
household waste in the individual's own vehicle without being
licensed. This section shall not be construed to release the private
individual from a duty to provide proper constraints to prevent the
discharge of waste from the vehicle during transport.
C.
Each waste hauler shall operate according to a plan approved by the
Township Manager. This plan shall, at minimum, specify operating routes
and spill containment procedures.
D.
A waste transporting unit used for garbage, industrial or domestic
sludges, or other moisture laden materials shall be watertight and
constructed, maintained and operated to prevent improper discharging
or leaking. Solid waste transporting units used for hauling other
solid waste shall be designated and operated to prevent littering
or any other nuisance.
E.
In the event of a spill, the waste hauler shall immediately notify
the Township Manager and initiate containment procedures. The waste
hauler shall be liable for damages resulting from a spill.
A.
A waste hauler who violates this article shall be subject to the
penalties provided in this article. After proper notice and hearing,
a license or seal issued under this article may be suspended by the
Township Board.
B.
Pending the suspension of a license or a seal, as provided for in Subsection A of this section, the Township Manager, a Health Officer, or a law enforcement officer may order a waste transporting unit out of service if the unit does not satisfy the requirements of this article or the rules promulgated under this article. Continued use of a waste transporting unit ordered out of service is a violation of this article.
The Township Manager shall not issue a permit for the operation
of a waste disposal area unless the facility complies with, and is
consistent with, an approved waste management plan, if such a plan
exists.
A sanitary landfill shall not be operated if the sanitary landfill
will be located within 10,000 feet of a runway of an airport licensed
and regulated by the Michigan Aeronautics Commission until the construction,
location, and operation are approved by the Township Board. The Township
Board shall review for hazards to the safety of aircraft as affected
by the construction, location and operation of the sanitary landfill.
In all such cases, the Commission shall set a date for a public hearing
and give reasonable notice to all affected parties whom the Township
Board has reason to believe are interested in the project. Following
the hearing, all affected or interested parties shall be given a reasonable
time to file their objections to the granting of a permit in writing.
After the hearing, the Township Board shall, by resolution, set forth
its findings on the issuance or denial of the application. The Township
Board shall set forth its reasons for the recommendation in the resolution.
A.
Not more than six months after the effective date of this article,
the Township Manager shall submit to the Township Board rules which
contain design and operational standards for waste transporting units
and disposal facilities and otherwise implement this article. The
rules shall include standards for hydrogeologic investigations, monitoring,
liner materials, leachate collection and treatment, if applicable,
groundwater separation distances, environmental assessments, methane
gas control, soil erosion, sedimentation control, groundwater and
surface water quality, noise and air pollution, the use of floodplains
and wetlands, and other pertinent factors.
B.
The Township Manager may undertake or contract for studies or reports
necessary or useful in the preparation of these rules.
This article is not intended to prohibit the private sector
from doing business in waste disposal and transportation. This article
is intended to only encourage waste disposal and transportation businesses
when in compliance with the requirements and intent of this article,
within areas properly zoned for such under the Cascade Charter Township
Zoning Ordinance.[1]
A.
Any violation
of this article may result in suspension and/or revocation of any
license or permit issued hereunder. Further, the Township Manager
may institute an action in the appropriate court to enjoin any continued
violation, together with a claim for damages for injuries to persons
or property by reason of such violation. Further, the Township may
hold the principal and any surety on any bond hereunder in default
and collect any such damages pursuant to the provisions of such bonds.
