[HISTORY: Adopted by the Township Board of the Charter Township
of Huron 3-23-1994 by Ord. No.
94-3 (Part 167 of the 1995 Compilation of Ordinances).
Amendments noted where applicable.]
A.
Purpose. The purpose of this chapter is to protect the public health
and welfare by assuring the timely and lawful collection of solid
waste from owners of private property within the Township; to implement
well articulated public policies regarding the recycling and composting
of certain portions of the waste stream and collection thereof; and
to provide for a reasonable system of user fees to defray the cost
incurred by the Township in administering the system.
B.
Findings. The Board of Trustees of the Charter Township of Huron
finds that regulation of the collection and disposal of solid waste
is necessary to protect the public health and safety; that, under
current circumstances, it is feasible to implement curbside pickup
and disposal of residential recyclable materials, compostables and
solid waste, and that such implementation will be most efficiently
accomplished by the Township entering into a contract for provisions
of such services; and that, at this time, it is not feasible to require
separation of recyclable materials and compostables from other solid
waste for persons using commercial receptacles for collection of their
solid waste.
The following words and phrases shall have the meanings ascribed
to them in the interpretation of this chapter:
Solid waste, but excluding unacceptable waste.[1]
Bones, offal, fats, rawhides, and other inedible trimmings
from animal carcass used or to be used in the manufacture or processing
of inedible products.
The residue from the burning of wood, coal, coke, refuse,
wastewater sludge or other combustible materials.
The duly elected or acting Clerk of the Charter Township
of Huron.
A building or portion thereof where solid waste material
resulting from the operation of mercantile enterprises, commercial
business or manufacturing operations is disposed of.
The miscellaneous solid waste material resulting from the
operation of a business enterprise or institution.
Leaves, grass clippings, brush, wood debris under six inches
in diameter, vegetative pruning, garden waste, yard waste, Christmas
trees and wreaths.
Nonhazardous wastes generated from construction and demolition
activities, including but not limited to concrete, asphalt, wood,
metal and plaster.
The collection of solid waste which has been placed for pickup
in appropriate solid waste receptacles at the side of a public or
private road adjacent to the abutting private property.
Either the material recovery facility (MRF) or the landfill;
or when used in the plural, means both the MRF and the landfill.
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.
Any material or substance which, by reason of its composition
or characteristics, is:
Toxic or hazardous waste, as defined in either MCLA § 324.11501
et seq. (Act 451 of 1994, Part 115), Solid Waste Management, or Section
6(e) of the Toxic Substances Control Act, 15 U.S.C. § 2605(e),
or any laws of similar purposes or effect, and/or any rules, regulations
or policies promulgated thereunder;[2]
Special nuclear or by-product materials within the meaning of
the Atomic Energy Act of 1954.
Any waste managed under MCLA § 324.11101 et seq. (Act
451 of 1994, Part 111), Hazardous Waste Management.[3]
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 determined unsuitable.
Nonhazardous wastes generated by industrial users, which
due to their size or composition require special handling and/or disposal
procedures, including but not limited to foundry sand, incinerator/boiler
bottom ash, fly ash sludges, scrap pallets and other wastes from manufacturing
processes which require special handling and/or disposal procedures.
A material recovery facility.
Any person, firm, partnership, corporation, association,
company or organization of any kind.
Any area used for residential, commercial, or industrial
purposes, separately or in combination, to which a separate street
address, postal address or box, tax roll description, or other similar
identification has been assigned or is in use by person having control
of the area.
Any person, persons, firm, partnership or corporation to
whom has been issued a private collector's license. This term
shall not refer to the Charter Township of Huron's contractor.
Commingled and/or presorted materials that are designated
to be separated from solid waste prior to the collection of solid
waste from a site of generation and delivered to the MRF, including
but not limited to plastics, glass, cans and newspapers.
Nonputrescible solid waste, excluding ashes, consisting of
both combustible and noncombustible waste, including paper, cardboard,
metal containers, wood, glass, bedding, crockery, demolished building
materials or litter of any kind that may be a detriment to the public
health and safety.
Any premises in the Township in or on which solid waste or
recyclable materials is generated by any person.
Compostables, garbage, rubbish, recyclables materials, ashes,
incinerator ash, incinerator residue, street cleanings, municipal
and industrial sludges, arid solid commercial and industrial waste,
animal waste, but does not include human body waste, liquid or other
waste regulated by statute, ferrous or nonferrous scrap directed to
a scrap metal processor or to a reuser of ferrous or nonferrous products,
or animal by-products.
A container which may be an integral part of a truck or other
piece of equipment used for the transportation of solid waste.
A preprinted sticker provided by either the Township or the
collector for the purpose of identification of large volumes of recyclable
material which cannot fit in the provided recycling bin.
Large household appliances, such as stoves, refrigerators,
television sets, dryers, washing machines, or the equivalent in size,
discarded house furnishings and furniture, plumbing materials, large
crates, tools, tires, machinery, or parts thereof and similar items
(excluding construction and demolition debris).
A preprinted sticker sold by the Township which evidences
payment for the collection and disposal of special refuse.
The duly elected or acting Supervisor of the Charter Township
of Huron.
The Charter Township of Huron.
The Board of Trustees of the Charter Township of Huron, the
legislative or governing body of the Township.
A private individual, firm, partnership or corporation collecting
and disposing of municipal solid waste pursuant to a duly authorized
and executed agreement or contract with the Charter Township of Huron,
to provide such services at a certain rate or price.
See "compostables."
The operation and administration of this chapter shall be under
the direction of the Township Board.
A.
Enforcement. It shall be the duty of the supervisor of the Township,
through his or her proper agents and officers, to enforce the provision
of this chapter, and to make rules and regulations for the administration
of the same.
B.
Police powers. The Township Ordinance Officer and those assistants
and employees designated in writing by the Ordinance Officer shall
be authorized to issue warning violations and bring court complaints,
civil or criminal, for violations of the provisions of this chapter.
When enforcing the provision of this chapter, 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.
C.
Authority of Township to contract for solid waste collection. Whenever
in the judgment of the Township Board such action may be necessary
or advisable, they may determine to have the Township enter into a
contract or contracts with such persons as they may deem best able
to collect solid waste, separated between recyclable and nonrecyclable
materials, in the Township in accordance with the best interest of
the Township and its citizens. The contract shall be for such terms
as they may determine, but not to exceed in any instance six years.
The Township Board may authorize the making of one or more contracts
and if they determine it necessary, may limit such contract to a certain
part of the Township, or to certain types of premises, such as residential,
commercial, industrial and the like.
D.
Contract award by Board; basis. The contract or contracts shall be
awarded on a competitive basis, and the Board shall be responsible
for the control of letting and making such contract or contracts.
The procedures established by the Township policies and all ordinances
in connection with the awarding of contracts shall be observed.
E.
Contract bond requirements. Each person entering into a contract
with the Township for the collection and disposal of solid waste shall
furnish the Township with a performance bond in an amount established
by the Township Board and in such form as may be approved by the Township
Attorney, which bond shall be signed by an approved corporate surety
authorized to do business in this state, and which bond shall be conditioned
on the satisfactory performance of all obligations assumed under the
particular contract, and further conditioned on the due observance
during the term of the contract of all laws of the state or ordinances
of the Township and all legal rights of all persons who are served
by or injured by the contractor.
F.
Contract insurance requirements.
(1)
Each Township contractor shall procure and maintain during the life
of the contract, owner's and contractor's protective public
liability, bodily injury and property damage insurance, in the name
of the Township, in an amount not less than $1,000,000 single occurrence
and $2,000,000 aggregate combined single limit.
(2)
The Township may require of Township contractors other bonds and
insurance, including workers' compensation insurance, to insure the
Township that the obligations of the contractor will be sufficiently
performed and/or discharged and to protect the Township in the event
that they are not.
G.
Contract not assignable. No contract issued, granted or entered into,
to any Township contractor under the provision of this chapter, shall
be transferable, assignable or sublet without the express permission
of the Township Board in the form of a resolution, unless otherwise
provided in the contract.
H.
Collection frequency and extent. Except as otherwise provided in
this chapter and other ordinances, and except in the case of an emergency
arising from an act of God or under circumstances over which the Township
contractor has or had no control, solid waste shall be collected,
removed and disposed of no less frequently than once each week from
premises to be served by the Township contractor.
I.
User charge.
(1)
If the Township enters into a contract pursuant to this section,
a user charge shall be established by resolution of the Township Board
and imposed on all residents of the Township to be served by such
contract, reasonably calculated to defray the cost of each resident,
and the Township Board has the discretion to include said charge as
part of said residents' rubbish/recycling billing.
(2)
Charges herein specified shall constitute a lien on the property
served and benefited. In addition to other remedies provided, the
Township shall have the right to discontinue garbage, rubbish and
recyclables collection to any user for the nonpayment of charges and
rates as herein specified when due.
(3)
The charges assessed are ordered to be set aside as collected into
a separate depository account to be designated by the Township Board
to make payment for contractual services entered into by the Township
Board for collection and disposal of garbage, rubbish and recyclables.
A.
Collections. All solid waste and recyclable materials from a site of generation intended for removal from the premises shall be placed in one or more containers described in Subsection B of this section, and shall be placed at the curbside in front of the premises or, in the case of an adjacent through alley, at the edge thereof. Such containers shall be placed at that location prior to 7:00 a.m. on the day scheduled for collection from the premises, but in no case shall any containers be placed at the curbside or edge of the alley, as the case may be, prior to 5:00 p.m. on the day preceding the scheduled collection day. Such containers shall be placed in such a way as not to obstruct vehicles, and such containers shall be readily accessible for collection. Containers shall not be placed on front porches, side drives or yard prior to placement for pickup.
B.
Containment. Between collections of solid waste and recyclable materials
by the waste hauler, each person who is an owner, lessee or occupant
of any site of generation shall store such materials as follows:
(1)
Receptacles. Every owner, occupant, tenant or lessee using any building,
house or structure for any purpose whatsoever where refuse accumulates
shall provide and maintain standard refuse containers of sufficient
number and size, as hereinafter specified, in order to store such
refuse tending to accumulate on such premises. Refuse containers that
deteriorate or otherwise fail to meet the requirements of this section
may be claimed as refuse and shall be collected as refuse by the waste
hauler.
(2)
Domestic refuse containers. Each owner, occupant, tenant, or lessee
receiving domestic refuse collection service shall provide for the
storage of garbage with a sufficient number of portable metal, synthetic
or plastic containers of not more than thirty-gallon capacity, waterproof
and verminproof, with handles so that such containers can be conveniently
emptied.
(3)
Recyclable materials. Recyclable materials other than yard waste
shall be stored in recycling bins.
(4)
Storage of containers. All refuse containers shall be located within
private property lines and not in the alley, or upon public property.
No person shall disturb the contents of waste receptacles or bundles,
nor shall persons leave receptacles or contents thereof in a condition
other than this section provides. All receptacles must be maintained
in a sanitary condition.
C.
Separation of waste material for collection. Solid waste from commercial
or other nonresident establishments shall not be mixed with domestic
garbage, but shall be stored in receptacles provided by each individual
establishment.
D.
Residence and commercial business on same parcel of property. In
the instance that a residence and a commercial business share the
same parcel of property, the owner may produce evidence to the Township
billing department of the rental of a dumpster unit for the parcel.
If such evidence is produced, the fee for rubbish collection shall
be waived until the situation changes.
It shall be unlawful for any person other than Township street
cleaners, solid waste haulers or other authorized persons to interfere
with solid waste placed in the streets, alleys, and public places
of the Township for collection by solid waste haulers, or to interfere
in any way with solid waste receptacles in the Township.
A.
General rule and effective date. Commencing July 1, 1995, it shall
be unlawful for any person who owns, possesses, controls, supervises
or occupies private property within the Township which has available
curbside collection of solid waste to commingle recyclable materials
with other solid waste or to place it out for collection other than
as provided in this section.
B.
Recyclable solid waste. All recyclable material shall be separated
from other garbage and refuse and grouped together and placed for
collection. Recyclable material shall consist of and be contained
as follows:
(1)
Bottles, jars and containers. Brown, green and clear glass bottles,
jars and containers; ferrous and nonferrous cans and bottles; and
polyethylene terephtalate (PET) and high-density polyethylene plastics
(HDPE) as listed in Act 451 of 1994, MCLA § 324.16101 et
seq., whether or not labeled in accordance with said Act, are recyclable
and shall be rinsed and cleaned of all contents and shall be placed
together in a recyclable container and placed out for collection.
Labels shall be removed from all metal cans, tops shall be removed
from all containers, and containers shall be flattened when possible.[1]
(2)
Newsprint. All newsprint shall be bundled or bagged and placed out
for collection. Newsprint shall not be mixed with any other solid
waste. Newsprint shall be kept dry when possible.
(3)
Compostables. Commencing September 1, 1995, compostables shall be
placed in approved bags and placed out for collection for the period
of time from April 1 through November 30 of each and every year.
(4)
Corrugated cardboard. All corrugated cardboard (which includes cereal
boxes) shall be clean, flattened, bundled and placed out for collection.
Bundles shall be no more than three feet by three feet, and plastic
inserts shall be removed from cereal boxes.
(5)
Batteries. Household batteries will be accepted but must be contained
in plastic bags and placed in a recycling bin. Auto batteries will
only be accepted at the dropoff center.
(6)
Christmas trees. Christmas trees may be placed at regular pickup
locations for free collection from December 26 until January 14 of
each year.
(7)
Telephone books; magazines. Telephone books and magazines shall be
kept dry and separate from other printed matter.
C.
Collection.
(1)
Placement for collection. Recyclable materials shall be made accessible
for collection in the same location as nonrecyclable solid waste.
(2)
Time for placement. All recyclable refuse shall be placed for collection
at the same time as other solid waste is placed for collection, but
no sooner than 5:00 p.m. the previous day.
(3)
Donation to others. Nothing in this chapter is intended to prevent
any person from donating or selling recyclable materials to any person,
club, business, civic organization, charitable organization or any
other organization.
(4)
Providing storage containers. The solid waste hauler shall provide
one in-home recycling container to each customer for the storage of
recyclables.
Commencing July 1, 1995, it shall be unlawful for any solid
waste hauler to accept from private property within the Township,
which has available curbside collection of solid waste, recyclable
materials commingled with other solid waste, and to transport recyclable
materials to a disposal area other than a licensed facility for their
processing. The solid waste hauler shall establish and implement a
recycling program consisting of weekly curbside collection of recyclables,
transportation and delivery to a materials recovery facility designated
by the Township. The curbside collection of recyclable material shall
include the following:
A.
Collection of recyclables. The waste hauler shall collect all recyclable
materials as defined in this chapter and shall be responsible to deliver
all recyclable materials other than compostables to a material recover
facility (MRF). All compostables collected for the period of time
from April 1 through November 30 of each and every year shall be delivered
to a composting facility. Recyclable materials shall not be disposed
of in a disposal area, as defined in MCLA § 324.11501 et
seq. (Act 451 of 1994, Part 115), Solid Waste Management, as amended.[1]
No solid waste shall be collected from persons or property within
500 feet of a residential unit between the hours of 5:00 p.m. of one
day and 7:00 a.m. of the next succeeding day unless the Township Supervisor
has issued written authorization for such collection after having
duly considered the means and location of such collection and determined
no offensive noise or nuisance will be occasioned to adjacent residences.
Every person who owns, possesses, controls, supervises or occupies
private property within the Township shall be responsible for placing
and keeping solid waste arising from the use or occupation of such
property in receptacles designed and constructed for such purpose
and which prevent the emission of odors and the broadcasting of pieces.
Further, such receptacles shall be impervious to weather, safe from
destruction by animals and hygienic, provided plastic bags with a
thickness not less than 1.5 millimeters shall be deemed to meet the
requirements of this section.
A.
Rubbish that is larger than can be conveniently contained in receptacles
shall be securely tied in compact bundles not to exceed 65 pounds
in weight and placed in a location convenient for collection. Parts
of trees shall not exceed four feet in length, nor shall they exceed
three inches in diameter.
B.
Solid waste resulting from the operation of commercial, industrial
or other business enterprise may be placed and kept in commercial
receptacles of a size and construction to facilitate pickup by a solid
waste hauler. Such commercial receptacles shall be constructed of
substantial metal, shall be watertight and shall have tight-fitting
covers.
C.
Solid waste resulting from the usual routine of housekeeping and
residential living may be placed and kept in portable receptacles
of substantial metal or plastic construction with handles and a tight-fitting
cover. Plastic bags of sufficient thickness to meet the purposes of
this section may be used in place of metal or plastic portable receptacles
for such domestic solid waste. No single receptacle or bag shall weigh
more than 65 pounds when filled.
D.
In the case of a building housing more than four families, the receptacles
shall be provided by the owner of the premises and shall be commercial
receptacles unless the curbside collection of solid waste is available.
E.
It shall be the duty of the owner, contractor or other person responsible
for construction work to remove from the premises within a reasonable
time after the completion of such construction work all surplus construction
material and building refuse materials.
Yard waste may be stored for composting purposes in a manner
which will not harbor rodents, subject adjacent property owners to
an unreasonable offensive odor, or become a public nuisance. Individual
backyard compost systems are encouraged, but must be located in a
rear yard as defined by the zoning ordinance and be at least 30 feet
from any dwelling including the dwellings of neighboring properties.
Garbage is not allowed in the compost system.
A.
Depositing. No person shall deposit, sort, scatter, throw, drop or
leave, or cause to be deposited, sorted, scattered, thrown, dropped
or left, any waste, rubbish, or garbage as herein defined on any public
place in the Township.
B.
Use of public receptacles. Public receptacles are for use of pedestrians
only, and shall not be used by vendors or by occupants of adjacent
premises. Newspapers, handbills and wastepaper or other litter shall
not be scattered or thrown upon public or private property, but shall
be deposited in private or public receptacles.
C.
Duty of property owners to keep premises and adjoining public property
free from litter. It shall be the duty of the owner or person in control
of any premises, vacant or occupied, to keep his premises, sidewalks
and adjoining public property between the center of the street and
center of the alley free of litter at all times. All litter removed
shall be placed in proper receptacles or removed to an approved disposal
location.
D.
Responsibility in multiple dwellings. In every multiple dwelling
occupied by four families and over in which the owner does not reside,
there shall be a responsible person designated as such by the owner.
This person and the owner shall be severally and jointly responsible
for maintaining the entire premises, including the yards and 1/2 of
the alley, street and any easement adjoining such dwelling, free of
all litter.
E.
Dumping on property.
(1)
It shall be unlawful for any person to place, leave, throw, dump
or deposit, or cause or permit to be placed, left, thrown, dumped
or deposited, any unacceptable bulk items, construction materials,
demolition debris, municipal solid waste, recyclables, special refuse,
yard waste and residential, commercial, or industrial solid waste,
unusual or special manufacturing or trade wastes, or any noxious thing,
on or along any public highway, street, alley or public place, or
on any lot or land either public or private, or in any nonportable
rear load receptacle (dumpster) unless the solid waste is generated
on the same premises, or on waters adjoining a public highway or street.
(2)
Any person maintaining, or living in, a household, or any person engaged in any commercial or manufacturing enterprise or activity on any lot or land, may place or deposit any such refuse or thing specified in Subsection E(1) above in a suitable receptacle or special container as is provided for in this chapter and in accordance with any and all applicable state and federal regulations, on a lot or land privately owned, preparatory to being removed therefrom.
F.
Dumping in public water. No person shall deposit or cause to be deposited
any litter in the waters of the Huron River, or any stream, drain
or drainage ditch running into the Huron River, whether from the shore
or from any watercraft in passage or moored.
Every person who owns, possesses, controls, supervises or occupies
private property in the Township shall cause all solid waste to be
collected from such property. If the collection is to be provided
by the Township pursuant to contract, such person's responsibility
shall be to place such solid waste at its usual collection point.
Every such person shall limit the time when receptacles are placed
on public property or private property beyond the front line of any
residence to the period of 5:00 p.m. of the day prior to the regularly
scheduled solid waste collection day and 12 hours following the act
of collection by the solid waste hauler.
A.
Burning. It shall be unlawful for any person to burn garbage or rubbish
any place within the Township other than in incinerators located inside
of the buildings and approved by the appropriate Township regulatory
body. It shall be unlawful for any person to burn leaves and yard
waste any place within the Township.
B.
Safety. No person shall deposit, spill or leave any matter or thing
whatsoever on either public or private property or cause the same
to be done which may result in injury or damage to person, animal
or property.
C.
Scattering. It shall be unlawful for any person to scatter or leave
any matter or thing whatsoever on either public or private property
or cause the same to be done, which will result in or contribute toward
any unsightly conditions within the Township.
D.
Dumping. No solid waste shall be kept in open containers or piled,
placed, dumped or disposed of on any land within the Township.
E.
Accumulation of solid waste or filth. It shall be unlawful for any
person owning, renting, controlling, using or occupying any building
or private premises in the Township to permit the accumulation thereon
of, and that person shall remove and keep clear therefrom, all filth,
solid waste, bulk items, special refuse or other unsightly, offensive
or unsanitary matter, articles, or materials or accumulation that
would pose a health hazard, subject adjacent property occupants to
an unreasonably offensive odor, or become a public nuisance. The accumulation
of filth, solid waste, bulk items, and/or special refuse in excess
of seven days shall be prima facie evidence of posing a health hazard
and creating a public nuisance. Such person shall properly stack or
store any lumber, wood, masonry, etc., so as to prevent the harboring
of rodents.
F.
Deposits in receptacles belonging to other person. It shall be unlawful
for any person other than employees of the department of public works,
Township waste hauler or other authorized persons to disturb, collect
or in any other manner interfere with solid waste placed in the streets,
alleys and public places for collection.
G.
Prohibited waste. It shall be unlawful to place in any container
or receptacle any material that might endanger the collection personnel,
or to deposit or deliver any hazardous waste or any such waste or
recyclable to a disposal site which would be detrimental to the normal
operation of collection, recycling or disposal. For example: gaseous,
solid or liquid poison, dead animals, ammunition, explosives, inflammable
liquid, undrained garbage of a liquid or semiliquid nature whether
in containers or not, concrete, dirt, auto or equipment parts, or
any material that possess heat sufficient to ignite any other collected
materials. No motor vehicle shall be abandoned at any site or dumped
anywhere.
H.
Nuisance. Any person violating any of the provisions of this section
shall be deemed to have committed a nuisance, and the motor vehicle,
or other type of conveyance, which was used in committing such nuisance,
shall be seized by the police and shall be impounded and held until
such time as the nuisance shall have been abated by cleaning up and
removing from the Township or property, disposing of all such material
constituting such nuisance. All charges or expense incurred by the
police in abating such nuisance shall be paid to the Police Department,
including towage and storage of any such vehicle, before such vehicle
will be released to its rightful owner.
A.
Reasonable and ordinary quantities of commercial solid waste to the
extent of 240 gallons per week, from any establishment or business
as hereinafter described, will be collected at a uniform charge by
the waste hauler. When, however, in the opinion of the Township Supervisor
or agent, any person operates any mercantile, manufacturing trade
or food establishment or other place of business where a large quantity
of commercial waste is produced as an incident to the conducting of
such establishment or business, and produces and accumulates quantities
of solid waste in excess of the limits herein set forth, the Supervisor
shall require the proprietor, manager, agent or person in charge of
a commercial establishment, professional office, church or any other
nonresidential occupancy and multiple dwelling (building housing more
than four families) to remove such commercial waste by hiring or contracting
for such removal at its own expense and in such manner as not to violate
any of the provisions of this section and other ordinances of the
Township in abating a nuisance. If such person fails or neglects to
remove such excess commercial waste, the supervisor may contract for
the removal of such excess waste, and shall charge the cost thereof
to such person. If payment therefor is not made when billed, the expense
of disposing of such excess waste will be charged to the owner of
the real estate in accordance with the law. Apartment buildings with
more than four families shall constitute commercial activities for
the purpose of collection of waste. All receptacles shall be kept
clean and in good repair.
B.
Any establishment or business, as described, that belongs to the
Township-contracted rubbish collection program shall adhere to all
requirements of this chapter concerning curbside recycling collections.
A.
Vehicles or trailers conveying solid waste must be of such construction
and so operated that contents shall not spill upon the public streets
or alleys or otherwise create a nuisance.
B.
Every vehicle conveying solid waste shall be loaded and operated
in a manner which will prevent a litter nuisance. The load shall be
covered with a tarpaulin or other material when necessary to prevent
contents from blowing off, spilling or otherwise creating litter.
A.
The Township will operate a dropoff recycling center on the first
Saturday of each month during posted hours. Residents may drop off
recyclables into properly designated containers at no charge. Residents
using the dropoff center shall be responsible for using it according
to posted rules and keep the site clean from litter.
A.
The Township Ordinance Officer is hereby authorized and empowered
to notify, in writing, the owner, proprietor, occupant, agent and/or
tenant(s) of any premises, to remove solid waste, yard waste, special
refuse and/or recyclable (waste or recyclables) which has accumulated
on such premises and not disposed of in compliance with this chapter
(unless the same is on the abutting public property, or public rights-of-way,
in which no notice is required). Such notice shall be hand delivery
or first-class mail, addressed to said owner and/or tenant(s) at the
last known address.
B.
If wastes are not removed from the premises within six days after
the date of mailing of such notice, or if the wastes are on abutting
public property or public rights-of-way, the Township Ordinance Officer
is hereby authorized and empowered to contract the solid waste hauler
to cooperate and assist in the collection of solid waste for the purpose
of reducing or eliminating the public health hazard; provided, the
Township shall pay the reasonable and customary charges of such hauler
related to providing required collection and the Township shall be
entitled to receive full reimbursement of such charges from the person
who owns, possesses, controls, supervises or occupies the aforesaid
particular property.
C.
When the Township Ordinance Officer has effected the removal of such
waste or has paid for its removal, the actual cost thereof shall be
charged to the owner(s) of the premises and forwarded to such owner(s)
by the Township, and said charge shall be due and payable upon receipt.
D.
Where cost of removal is not paid by an owner(s) after the removal
of such waste as set forth in the preceding subsections, then the Township
Ordinance Officer shall deliver to the Township Clerk a copy of all
said statements which are delinquent more than 60 days. The Clerk
shall present all such statements to the Township Board. The Township
Board shall audit, and if correct, it shall be the duty of the Township
Clerk to certify them forthwith to the Township Treasurer. All expenditures
represented by said accounts shall be severally spread upon the tax
roll next in preparation, levied on the land on which such expenditures
were made, made a lien and collected in the same container as other
taxes.
A.
No solid waste hauler shall collect from residential customers less
frequently than weekly (legal holidays, strikes and acts of God excluded).
B.
No solid waste hauler shall dispose of collected solid waste other
than at Township approved disposal areas or facilities licensed pursuant
to MCLA § 324.11501 et seq.; provided that recyclables shall
be transported to a materials recovery facility designated by the
Township; provided further that compostables shall be transported
to composting facilities and shall not be transported to any sanitary
landfill for disposal.[1]
C.
Each solid waste hauler shall designate an employee or agent to regularly
answer all complaints made, and to properly dispose of same.
D.
Solid waste transporting units used by the solid waste hauler in
the collection and disposal of solid waste under the provision of
this chapter shall have, on both sides thereof, the name of the solid
waste hauler in plain, unobscured letters which are visible to members
of the community.
E.
Each solid waste hauler shall collect solid waste by emptying the
contents of the receptacle into the solid waste transporting unit
and returning the receptacle to the place on the customer's property
from which it was removed, replacing the cover. All receptacles shall
be handled and emptied so that no garbage is spilled on the premises
of the customer nor in any street area.
F.
The solid waste hauler shall so load the solid waste transporting
unit that as soon as any compartment of the solid waste transporting
unit is filled, the same shall be immediately covered with a metal
cover.
Any person, firm, corporation, partnership or any other legal
entity which violates or fails to comply with any provision of this
chapter shall be guilty of a misdemeanor and may be fined not more
than $500, or imprisoned for not more than 90 days, or both, at the
discretion of the court. Every act or violation and every day upon
which such violation shall occur shall be considered a separate offense.
The repeal provided for herein shall not abrogate or affect
any offense or act committed or done, or any penalty or forfeiture
incurred, or any pending litigation or prosecution of any right established,
or occurring prior to the effective date of this chapter.
