(A) Definitions. The following words and terms used in this section shall have the meanings assigned in this section, unless the context clearly indicates otherwise.
AUTHORITY. City of Hancock.
AUTHORITY-DESIGNATED LOCATION. Disposal site - a landfill, recycling or materials recovery facility, or other disposal or transfer facility as approved by the State of Michigan as the location for the disposal of any load or loads of waste generated by the city.
BOARD. The Board of Trustees of the Authority.
LOCAL UNIT. The City of Hancock, County of Houghton, Michigan.
SOLID WASTE. All garbage, rubbish, ashes, incinerator ash, incinerator residue, street cleanings, municipal and industrial sludges, solid commercial and solid industrial waste, source- separated waste, and animal waste generated within, collected in or transported from the city; provided, however, that this definition shall not include hazardous waste as defined in Act No. 64 of the Public Acts of Michigan, 1979, as amended, human body waste, liquid or other waste regulated by statute, ferrous or nonferrous scrap directed to a scrap metal processor or to a user of ferrous or nonferrous products, and slag or slag products directed to a slag processor or to a reuser of slag or slag products.
SYSTEM. The solid waste management system, including landfill, recycling and materials recovery facilities on behalf of and for the benefit of the city.
TIPPING FEE. The fee based on volume or tonnage of solid waste to be charged to the city upon delivery of the solid waste to the city-designated location, as the same may be revised from time to time.
WASTE HAULER. Any individual, firm, corporation, partnership, trust, or public or private agency or any other entity engaged, in whole or in part, in the business of collecting, transporting, delivering, or disposing of solid waste generated in the city and shall include any individual, firm, corporation, partnership, trust, or public or private agency, collecting, transporting, delivering or disposing of solid waste which it generates.
(B) Necessity. It is hereby determined to be necessary for the public health and welfare to regulate the collection and delivery of solid waste in accordance to the provisions of this section.
(C) Delivery of solid waste and tipping fee. Each waste hauler under contract by the city shall deliver all solid waste collected in or transported from the city and pay the tipping fee for delivery of such solid waste at the designated location per the contract . No waste hauler under contract shall deliver solid waste collected in or transported from the city to any disposal site, transfer station or other location other than the city-designated location.
(D) Licenses required for waste haulers. It shall be unlawful for any waste hauler to operate within the city without having obtained a license to conduct such business. Such license shall be obtained by any person upon payment of a fee to be determined by resolution of the City Council. Licensed waste haulers are subject to any other restrictions or requirements imposed in accordance with applicable laws by the city and the State of Michigan.
(E) Remedies. Upon violation of any provision of this section, the city may seek criminal prosecution and may seek legal and/or equitable relief in a court of competent jurisdiction. In addition, a violation of any provision of this section shall be cause for suspension or revocation, at the sole option of the city, of a waste hauler's license issued pursuant to division (D) above or of a waste hauler's contract to pick-up and/or deliver solid waste on behalf of the city.
(Ord. 190, passed 5-2-90; Am. Ord. 215, passed 6-21-95)