[Ord. No. 128,[1] § 1, 4-18-2005]
Articles II and III of this chapter shall be known and cited as the "Chesterfield Township Garbage Collection and Disposal Ordinance."
[1]
Editor's Note: This ordinance also superseded former
Ch. 54, Solid Waste, adopted effective 10-27-1978 by Ord. No. 65,
as amended effective 10-11-1991 by Ord. No. 65-1; and amended effective
3-1-1995 by Ord. No. 65-2.
[Ord. No. 128,
§ 2, 4-18-2005]
The township board has determined that a single hauler waste
collection and disposal program for sites of single-family generation
would protect the public health and be in the best interest of the
township. In order to facilitate the single hauler waste collection
and disposal program, the township shall select such waste hauler
on a sealed competitive bid basis and award the selected waste hauler
the exclusive designation of "Charter Township of Chesterfield Waste
Hauler" for the single hauler waste collection and disposal program.
The waste hauler shall have the demonstrated ability and capacity
to provide a high level of quality service to single-family general
sites within the township.
[Ord. No. 128,
§ 3, 4-18-2005]
[Ord. No. 128,
§ 4, 4-18-2005]
For the purpose of construction and application of articles II and III of this chapter, the following definitions shall apply:
Shall mean tree trimmings and shrubbery trimmings not exceeding
one inch in diameter.
Shall mean the rejected, unwanted, discarded or abandoned
material generated by commercial establishments and uses such as office
buildings, personal service establishments, technical and scientific
research facilities, professional service offices, clinics, churches
and the waste from industrial and institutional establishments.
Shall mean all unwanted, rejected, discarded or abandoned
materials resulting from the alteration, repair, demolition or construction
of buildings or structures.
Shall mean 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.
Shall mean those materials which are explosive or which would
be hazardous to the health, safety and welfare of any haulers or workers
or to those employees in the operation of an incinerator plant for
the disposal of refuse. These materials would, by way of illustration,
but not by limitation, include and be similar to the following: gasoline,
fuel oil, kerosene and other petroleum products as well as chemical
products, including a large volume of pressurized containers, that
would be dangerous to the operation of an incineration process and
industrial products that would be hazardous or dangerous to the operation
of an incineration process.
Shall mean waste or a combination of waste and other discarded
material including solid, liquid, semi-solid 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 or 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.
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Waste from an institution such as hospital or an institution
of a like nature, and waste from pharmaceutical establishments and
doctors' offices that do not fall into the classification of garbage,
food products, paper and trash, shall be considered hazardous waste.
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Shall mean, unless the township is notified in writing to
the contrary, the person whose name appears on the most recent tax
assessment roll of the township.
Shall mean any individual, firm, owner, occupant, tenant,
corporation, partnership, limited liability company, association or
joint venture responsible for the premises.
Shall mean a specific garbage, rubbish or solid waste that
is required to be picked up separately for the purpose of recycling.
These items shall include, but not be limited to, newspapers, glass
containers, metal cans, Type 1 and Type 2 plastics, and household
batteries.
Shall mean garbage, rubbish, recyclables, solid waste, yard
waste, and brush. Refuse shall not include construction debris, hazardous
waste or hazardous and flammable materials.
Shall mean all structures, buildings, premises and/or realty
utilized for residential purposes including, but not limited to, single
family homes, site condominiums, condominiums, town houses, apartments,
duplexes and group homes. The term "residential dwelling unit" shall
only include those structures, buildings and premises that dispose
of refuse through the use of curbside service and shall not include
refuse disposal which utilizes dumpsters or other non-curbside containers.
Shall mean waste paper, household plastic, empty tin cans
and glass containers, if cleaned of contents, wood or wood products
of under three-inch diameter and three feet in length, paper products,
books, magazines, glass, crockery, stone, concrete, and similar materials.
Shall mean putrescible and nonputrescible solid wastes, except
body wastes and includes garbage, rubbish, ashes, incinerator ash,
incinerator residue, street cleanings, and municipal sludges, but
does not include ferrous or non-ferrous scrap directed to a scrap
metal processor or to a reuse of ferrous or non-ferrous products.
Shall mean any collection of refuse at a time other than
the regularly scheduled once per week collection, or of a volume or
quantity of refuse exceeding the limitations of this chapter whether
requested by an owner or occupant or done by the township to eliminate
a violation of township ordinances.
Shall mean the Supervisor of the Charter Township of Chesterfield
or his/her duly appointed agent or representative.
Shall mean the Charter Township of Chesterfield.
Shall mean materials resulting from landscaping for collection
for composting. Residential grass clippings, leaves, weeds, twigs,
pruning, shrub clippings, garden waste, old potting soil and dirt
incidental to minor yard work.
[Ord. No. 128,
§ 5, 4-18-2005; Ord. No. 128-02, § 1.1, 11-3-2008]
(a)
It shall be unlawful for any person, or the owner, occupant, tenant
or lessee of, any residential dwelling unit within the township to
dispose of, store, collect, haul or transport refuse or other materials
in contravention to this chapter except as provided in this chapter.
(b)
An owner, occupant, tenant or lessee of a residential dwelling unit
who has contracted with a waste hauler for the disposal of refuse
prior to the date of the ordinance from which this chapter derives
must comply with this chapter within six months from its effective
date. It is the intent of this provision to afford owners, occupants,
tenants, and lessees of residential dwelling units a reasonable time
period within which to satisfy any prior contractual obligations in
order to comply with the terms of this chapter.
(c)
It shall be unlawful for any person, or the owner, occupant, tenant
or lessee of any residential dwelling unit within the township to
dispose of or attempt to dispose of refuse in a receptacle in contravention
to this chapter.
(d)
It shall be unlawful to mix refuse in any container with construction
debris, commercial refuse, hazardous waste, non-burnable materials
or with hazardous and flammable materials.
[Ord. No. 128,
§ 6, 4-18-2005]
Every owner/occupant of a residential dwelling unit within the
township shall prepare refuse for collection either by the township
or by the authorized waste hauler of the township as follows:
(1)
Approved containers. Containers for refuse shall be galvanized metal
or hard plastic type of garbage container not exceeding 30 gallons
in capacity, or shall be plastic bags not less than one Mill in thickness.
All such containers shall be tightly secured by a watertight top and
plastic bag containers shall be securely tied, in such manner as to
prevent the contents from being spilled, blown, strewn, or damaged
by the forces of nature, animals, insects or persons. Township assumes
no responsibility for damage to any containers.
(2)
Recyclables. All recyclables shall be placed for collection in a
township approved 18- or six-gallon plastic container clearly marked
for recyclables only.
(3)
Bulk rubbish. All bulk rubbish accumulated on any premises, such
as cardboard containers, wooden crates and similar rubbish, shall
be flatted and tied in bundles or packed in a suitable container and
in no case shall any such bundle be larger than two feet by three
feet, nor weigh more than 60 pounds. Large non-combustible and bulk
rubbish shall be separated and shall be in no case intermingled with
refuse or placed in refuse receptacles.
(4)
Brush. All brush shall be cut into three-foot lengths and tied into
bundles weighing not more than 60 pounds.
(5)
Proper containment required. Improperly contained garbage, rubbish,
solid waste, yard waste, and/or recyclables or other refuse will be
left and not removed by the waste hauler.
(6)
Placement of containers. It shall be the duty of the owner/occupant
of a residential dwelling unit to have the refuse which has accumulated
normal to the incidental use of such premises, placed in an approved
container once each week according to the day of the week scheduled
for their garbage collection at a location which is near the public
or private road right-of-way and no such container shall be placed
upon any sidewalk. If the refuse containers are not accessible, the
owner/occupant will be responsible for proper disposal of the refuse.
Any owner/occupant who has a larger quantity of refuse than the normal
or average amount for the same type of premises, may make special
arrangements with the authorized waste hauler. It shall be unlawful
for any person to place or authorize the placement of containers along
the road right-of-way for collection prior to 4:00 p.m. of the day
preceding the day established for collection, or fail to remove the
containers prior to 10:00 p.m. on the day of collection.
(7)
Storage of containers. During the week while refuse is being stored
and accumulated for ultimate disposal, all refuse must be stored inside
of a building and in a container equal to the quality of the container
and standards specified herein, for deposit to be picked up by the
authorized waste hauler. Refuse may be stored outside of the building
or structure while refuse is being accumulated for pick-up if the
refuse is in a watertight container and is without holes, cracks or
other conditions which would allow insects to penetrate the container,
and such container must be placed in a manner that it would be free
of rodents, clean and neat and erected in such a manner as not to
allow the container to blow over and dump the refuse inside or in
such a manner as to be a nuisance or hazard to the health, safety
or welfare of the residents of the neighborhood.
[Ord. No. 128,
§ 7, 4-18-2005]
It shall be the duty of the owner/occupant of a residential
dwelling unit to maintain the site clean and free of excess debris
during construction and to remove from the premises within a reasonable
time after the completion of such construction work, all surplus construction
material and all refuse building material. Such materials shall not
be placed for the normal weekly collection.
[Ord. No. 128,
§ 8, 4-18-2005]
Hazardous waste shall not be collected by the authorized waste
hauler on the normal, regular weekly pick-up. Lawful and proper disposal
of hazardous waste shall be the responsibility of the owner/occupant
of the residential dwelling unit.
[Ord. No. 128,
§ 9, 4-18-2005]
Every residential dwelling unit within the township shall have
its refuse collected according to the district in which they are located
and in accordance with collection schedule established by the township
board. Such schedule may be modified by resolution of the township
board. In event the township or the authorized waste hauler has a
legal holiday within any calendar week, the refuse will be collected
the following day excluding holidays and Sundays, unless published
to the contrary.
[Ord. No. 128,
§ 11, 4-18-2005; Ord. No. 128-01, § 1, 10-15-2007; Ord. No. 128-02, § 1.2, 11-3-2008]
The owner/occupant of a residential dwelling unit shall be charged
at a rate per month for refuse collection and disposal as established
by resolution of the township board from time to time.
(1)
Rates. The authorized waste hauler shall charge fees for collection
and disposal of refuse placed for collection as established and set
forth in the contract between the waste hauler and the township. Rates
for collection and disposal of refuse shall be set forth in a resolution
adopted by the township board of trustees and published in a newspaper
of general circulation throughout the township.
(2)
Billing. The authorized waste hauler shall send a quarterly invoice,
in advance to each residential dwelling unit for which services are
provided in the township. Such invoice shall represent charges for
services to be rendered in the following quarter. Unless otherwise
specified by the township, the invoice shall be delivered by regular
mail at least two weeks prior to the beginning of the quarter for
which charges are imposed. The due date for payment shall be the last
day of month prior to the beginning of the quarter for which the charges
are imposed. If the last day falls on a Saturday, Sunday or legal
holiday, the due date shall be the next business day.
(3)
Delinquent accounts.
a.
If the owner, occupant, tenant or lessee of a residential dwelling
unit within the township does not remit payment within 45 days after
the due date, it shall be considered delinquent and a penalty of an
additional 5% charge shall be added to the amount due.
b.
The charges for collection and disposal fees relating to services
to single-family generation sites by the designated waste hauler shall
constitute a lien on the single-family generation site for which the
services have been provided. Any charges and penalties delinquent
for three months or more shall be certified annually by the township
official in charge of collection and the tax assessing officer of
the township to be entered upon the next roll against the single family
generation site for which the services have been rendered, and the
charges and penalties shall be collected as part of the general township
taxes against such single-family generation site and shall accrue
further interest and penalties and shall be collected in the same
manner as provided for delinquent real property taxes in the township.
c.
It shall be the duty of any owner, occupant, tenant or lessee of
a residential dwelling unit to notify the waste hauler in writing
in the event the dwelling unit will be vacated for a period of at
least 30 days and not to exceed 90 days. No charge shall be levied
on any owner, occupant, tenant or lessee who provides the waste hauler
with timely notice pursuant to this section. An owner, occupant, tenant
or lessee of a residential dwelling unit shall be entitled to the
vacancy exception provided herein once per calendar year.
d.
It shall be the duty of any owner, occupant, tenant or lessee that
occupies a residential dwelling unit within the township to contact
the waste hauler immediately upon occupancy in order that the new
name of the person to be billed will immediately be registered so
as to avoid delays in collection.
e.
An owner, occupant, tenant or lessee of a residential dwelling unit who has obtained a valid building permit from the township but has not yet obtained a certificate of occupancy shall be exempt from the provisions of section 54-35. Upon obtaining a valid certificate of occupancy from the township, the owner, occupant, tenant, or lessee of the residential dwelling unit shall immediately notify the waste hauler of the occupancy date and shall thereafter comply with all of the terms and conditions of this chapter.
(4)
Payment of charges. Payment for the charges contained in this chapter
shall be made to the authorized waste hauler, unless the billing card
or invoice sent for such service shall designate otherwise.
