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SOLID WASTE DISPOSAL
§ 53.01 PURPOSE.
   The Township of Montrose finds that the presence of Solid Waste Disposal Areas located within the township have the potential, if not properly maintained and operated, to have serious detrimental effects on the health, welfare, and safety of the citizens of the township. These detrimental effects can include: the potential for generation of blowing debris, dust, and odors; facilitation of the breeding and propagation of vectors and pest animals; and the potential for degradation of drinking water aquifers, soils and surface water. The township further finds that, although Solid Waste Disposal Areas are currently regulated by an “Act 641 Plan” adopted for Genesee County pursuant to Public Act 451 of 1994, being M.C.L.A. §§ 324.11501 et seq., as amended, there is a need for supplemental regulation to protect the health, welfare, and safety of the public. It is the intent of the Township Board to exercise supplemental local jurisdiction over facilities regulated by this subchapter in a manner consistent with Act 451 and other relevant legislative enactment’s and pursuant to the powers vested in it by the State of Michigan. Therefore, as a means to provide for the public health, welfare, and the safety of persons and property located within the township, the township deems it necessary to carry out inspections to ensure that the Solid Waste Disposal Areas located in the township are maintained and operated in the manner provided for in this subchapter.
(Ord. 1992-1, passed 1-13-1992)
§ 53.02 DEFINITIONS.
   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   PERSON. An individual, sole proprietorship, partnership, association, corporation, public or private, organized or existing under the laws of this state or any other state including a federal corporation, this state or an agency department of this state, a municipality in this state, or a county in this state.
   SOLID WASTE. Garbage, rubbish, ashes, incinerator residue, street cleanings, municipal and industrial sludges, solid commercial and solid industrial waste, and animal waste. SOLID WASTE does not include the following:
      (1)   Human body waste;
      (2)   Liquid waste;
      (3)   Ferrous or nonferrous scrap directed to a scrap metal processor or to a reuser of ferrous or nonferrous products;
      (4)   Slag or slag products directed to a slag processor or to a reuser of slag or slag products;
      (5)   Materials approved for emergency disposal by the DNR;
      (6)   Fly ash or other ash produced from the combustion of coal when used in a manner enumerated under Public Act 451 of 1994, being M.C.L.A. §§ 324.11501 et seq.; and
      (7)   Other wastes regulated by statute.
   SOLID WASTE DISPOSAL AREA. An area of greater than 1 acre in size where solid waste, as defined in this subchapter, is deposited. This includes any area licensed as a disposal area under Public Act 451 of 1994, being M.C.L.A. §§ 324.11501 et seq.
(Ord. 1992-1, passed 1-13-1992)
§ 53.03 LICENSE.
   (A)   It shall be unlawful for any person to operate a Solid Waste Disposal Area in the township after 2-1-1992, without first obtaining a license for the purpose from the township. It is a condition of the acceptance of the license that the licensee shall be deemed to have granted permission for the township or it’s duly authorized agent, to enter onto any property used as a Solid Waste Disposal Area at all reasonable times for the purpose of conducting any inspection required under this subchapter. Further, acceptance of a license shall constitute acceptance that the licensee will comply with the standards contained in § 53.07.
   (B)   Application for a license under this subchapter shall be made by filing with the Township Clerk, together with the license application fee provided for herein, an application for same on forms provided by the Township Clerk. The applicant shall provide the following information:
      (1)   The full name, address, and telephone number of the applicant. If the application is a partnership or a corporation, the application shall include the name, address, and telephone number of the general partner or the registered agent of the partnership or corporation and/or the person having the authority and responsibility for management of the applicant;
      (2)   The names and addresses of each and every person having an ownership interest in excess of 5% in the applicant; and
      (3)   The name, address, and telephone number of an individual designated as the agent of the applicant for purposes of communication with the township in connection with all matters relating to the maintenance and operation of the Solid Waste Disposal Area.
   (C)   Within 5 days after receipt of an application under this subchapter, the Township Clerk shall request that the Township Supervisor and the Township Building Inspector review the application and make a determination of the ability of the applicant to meet the requirements of this subchapter. The Township Supervisor and Building Inspector shall, within 20 days of receipt of the application, make a written recommendation to the Township Clerk for approval or denial of the license application, stating the reason for the recommendation. Within 30 days of receipt of an application, the Township Clerk shall refer the application, together with the recommendations of the Township Supervisor and Building Inspector, to the Township Board for action at the Township Board’s next regularly scheduled meeting. Notice of the time and place of the meeting shall be given to the applicant by regular mail sent to the name and address designated in the application as a designated agent of the applicant at least 5 days prior to the meeting at which the Township Board will consider the application. A copy of the recommendations of the Township Supervisor and Building Inspector shall be sent to the applicant together with the notice. Receipt of the notice and the recommendations may be waived by the applicant in writing.
   (D)   No license application shall be disapproved for issuance by the Township Board unless and until the applicant has received notice of the proposed disapproval and the reasons therefor, and has been provided with an opportunity to be heard with respect thereto at or before the meeting at which the Township Board disapproves the application. If the license is approved, the license shall be issued for a 1-year period.
(Ord. 1992-1, passed 1-13-1992) Penalty, see § 53.99
§ 53.04 RENEWAL.
   A license issued under this subchapter may be renewed annually by filing with the Township Clerk a new application as provided in § 53.03 and payment of the fees as required in § 53.08. The application for renewal shall be filed with the Township Clerk by the thirty-first day of the tenth month of the current license.
(Ord. 1992-1, passed 1-13-1992)
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