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(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
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)
(A) Any license issued under this subchapter may be revoked by the Township Board and renewal of a license may be denied, based upon any false statements made in the application for a license or renewal. The revocation or non-renewal may also be made for the licensee’s failure to comply with the provisions of any ordinance, law, or regulation, any 1 of which results in or reflects the inability on the part of the licensee to maintain and operate a Solid Waste Disposal Area in a safe and healthy manner.
(B) Before any license shall be revoked or its renewal denied, written notice shall be given to the licensee stating the time and place for a hearing before the Township Board, and further stating that the license may be revoked or renewal denied, and setting forth the alleged grounds for the consideration. At the hearing, an opportunity shall be given to the licensee to be heard by the Township Board and to produce evidence and witnesses as the licensee may choose.
(C) In the event of the revocation or non-renewal of any license issued under this subchapter, the Township Board shall specify in the minutes of the hearing the reasons for the revocation or non-renewal, and shall cause a copy of the minutes to be mailed or given to the licensee.
(Ord. 1992-1, passed 1-13-1992)
In order to protect the health, safety, and welfare of the public, the township shall cause all Solid Waste Disposal Areas to be inspected on a weekly basis in order to ensure compliance with the standards contained in § 53.07 and to ensure that the disposal of solid waste is being conducted in a manner designed to minimize any detrimental impact upon the health, welfare, and safety of the residents of Montrose Township and the public in general.
(Ord. 1992-1, passed 1-13-1992)
Any person operating a Solid Waste Disposal Area under this subchapter shall comply with all of the following:
(A) The operation of the Solid Waste Disposal Area shall be conducted in a manner such that no offensive odors shall be detectable at the property boundary of the Solid Waste Disposal Area;
(B) The operation of the Solid Waste Disposal Area shall be conducted in a manner which is not conducive to the breeding and propagation of vectors, pest animals, and rodents;
(C) The operation of the Solid Waste Disposal Area shall be conducted in a manner which is not conducive to the dispersal of solid waste from the Solid Waste Disposal Area;
(D) The operation of the Solid Waste Disposal Area shall be conducted in a manner which is not conducive to the dispersal of airborne soil particles from the Solid Waste Disposal Area;
(E) The operation of the Solid Waste Disposal Area shall be conducted in such a manner so as to minimize possible contamination of the surface waters;
(F) The operation of the Solid Waste Disposal Area shall be conducted in such a manner so as to minimize any detrimental impact on drinking water supply aquifers.
(Ord. 1992-1, passed 1-13-1992) Penalty, see § 53.99
At the time of submitting an application for a new license or renewal of an existing license pursuant to this subchapter, the applicant shall pay to the township a license application fee in an amount to be determined from time to time and kept on file in the office of the Clerk during the entire term of that license and any renewal thereof, the holder of any license shall pay to the township a license fee an amount to be determined from time to time and kept on file in the office of the Clerk. The license fees collected pursuant hereto shall be used to offset the cost of administering this subchapter, including, without limitation, the cost of any engineering, legal, and other professional services necessary to monitor and inspect the operation of any facility regulated under this subchapter to ensure that it is being operated in a manner in accordance with this subchapter.
(Ord. 1992-1, passed 1-13-1992)
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