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The Township of Montrose finds that the activity of solid waste collection and transportation can have a substantial adverse impact on the public health, safety, and general welfare of the residents of the township. The township further finds that, in order to protect the health, safety, and general welfare of the public, and to prevent nuisances, it is necessary to regulate the collection and transportation of solid waste and to require any person engaged in the activity to do so only after first having obtained a license from the township.
(Ord. 1992-3, passed 1-13-1992)
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 or department of this state, a municipality in this state, or a county in this state.
SOLID WASTE. Garbage, rubbish, ashes, incinerator ash, 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 HAULER. Any person engaged in the activity of collecting and transporting solid waste within Montrose Township, whether or not the activity is conducted for profit.
SOLID WASTE HAULER LICENSE. A license issued to a solid waste hauler pursuant to the provisions of this subchapter.
(Ord. 1992-3, passed 1-13-1992)
(A) Licensure requirements.
(1) From and after the March 1, 1992, no person shall engage in or conduct the activity of collecting and transporting solid waste within the township, without first obtaining a solid waste hauler license as provided in this subchapter. It shall be an express condition of each solid waste hauler license that the waste hauler shall comply with all provisions of this subchapter and any ordinance the township may adopt pertaining to the collection and transportation of solid waste.
(2) Application for a license under this subchapter shall be made to the Township Clerk by filing, together with the license fee, an application on forms provided by the Township Clerk providing the following information:
(a) The full name, address, and telephone number of the applicant. If the applicant is a partnership or corporation, the application shall include the name, address, and phone 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 on behalf of the applicant;
(b) The names and addresses of each and every person having an ownership interest in excess of 5% in the applicant;
(c) 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 licensure and operation of the solid waste collection and transportation activities carried on in the township;
(d) A description of the equipment, personnel, and procedures to be utilized in the proposed business of collecting and transporting solid waste, including a description of each vehicle and other items of equipment used in the activity. The applicant shall include an affidavit specifying that each vehicle meets all requirements mandated under any applicable federal, state, and local laws, statutes, rules, and regulations, including, but not limited to, Public Act 451 of 1994, being M.C.L.A. §§ 324.11501 et seq., and administrative rules promulgated thereunder, and that the vehicle has all applicable governmental licenses and permits;
(e) A description of the geographic areas within the township in which the applicant proposes to collect solid waste;
(f) The number of households in the township in which the applicant proposes to serve;
(g) The number of non-residential premises located in the township which the applicant proposes to serve, and a brief description and location of each non-residential premises served;
(h) The percentage of the waste collected in Montrose Township in relation to the total amount of solid waste the applicant collects;
(i) The name and address of each and every site to which the applicant proposes to transport solid waste, and the percentage of the total solid waste collected that will be transported to each site; and
(j) Maps showing all collection and transportation routes conducted or utilized in the township, with the day and time the routes are conducted or utilized.
(3) Within 5 days after receipt of an application under this subchapter, the Township Clerk shall request the Township Police Chief and the Township Building Inspector to review the application and the ability of the applicant to meet the requirements of this subchapter. The Township Supervisor, Police Chief, and Building Inspector shall, within 20 days of their receipt of the application, provide the Township Clerk with a written recommendation for approval or denial of the license application, stating the reasons for the recommendation. Within 30 days of receipt of the application, the Township Clerk shall refer the application, together with the recommendations of the Township Supervisor, Police Chief, 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 given by the applicant in the application 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, Police Chief, and Building Inspector shall be sent to the applicant together with the notice. The notice and receipt of the recommendation may be waived by the applicant in writing.
(4) The Township Board shall approve the application and issue the license unless it appears that the public health, safety, or general welfare of the township might be jeopardized, taking into consideration the following standards:
(a) Whether the applicant’s vehicles meet the standards set forth in this subchapter;
(b) Whether the applicant has submitted all the information required under this subchapter, and the information has been verified as truthful and accurate;
(c) Whether the applicant will be able to collect and transport solid waste in a safe and healthy manner in compliance with the standards set forth in this subchapter; and
(d) Whether there is any specific basis for concluding that grant of the application would result in the creation of a nuisance or health hazard to the township.
(5) No license application shall be denied by the Township Board unless the applicant has received notice of a recommendation for disapproval provided in division (A)(3) above, and has been provided with an opportunity to be heard with respect thereto at the meeting at which the Township Board considers the application.
(6) The solid waste hauler license shall, if approved under division (A)(4) above, be issued. All licenses issued under this subchapter shall be for 1 year from June 1 of the year of issuance through May 31 of the following year.
(B) Renewal. A solid waste hauler license issued under this subchapter may be renewed annually by filing with the Township Clerk a new application as provided in this section, and payment of the fee as required below. The application for renewal shall be filed with the Township Clerk by the thirty-first day of March for the year beginning the following June 1.
(C) Revocation and non-renewal.
(1) Any solid waste hauler license issued under this subchapter may be revoked by the Township Board and renewal of a license may be denied if it is found that the licensee made any false statements in the application for a license or for 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, which demonstrates the inability of the licensee to provide solid waste collection in a safe and healthy manner.
(2) Before any solid waste hauler 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 action. 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.
(3) In the event of the revocation or non-renewal of any solid waste hauler license, 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.
(D) License fees. At the time of submitting an application for a new license or renewal hereunder, the applicant shall pay a license fee in an amount as established from time to time by resolution of the Township Board. The license fee shall be utilized for the purpose of offsetting the cost of administration of this subchapter. The fee shall be returned to an applicant whose application is not approved.
(Ord. 1992-3, passed 1-13-1992) Penalty, see § 53.99
(A) All solid waste collected or transported by a licensee, employee of, agent of, or contractor hired by licensee, shall be transported directly to the transfer facility, processing plant or disposal area listed in the licensee’s application. The transfer facility, processing plant, or disposal area must be duly licensed and/or authorized in accordance with applicable law. No licensee, employee of, agent of, or contractor hired by licensee shall create a nuisance or permit solid waste to be transported or delivered to public or private property which is not duly designated for the purpose under applicable law.
(B) For identification purposes, any vehicle used in the business of licensee within the township shall display in a conspicuous place and manner the licensee’s name and telephone number in letters 4 inches in height and spaced to be legible from 50 feet.
(C) No licensee, employee of, agent of, or contractor hired by licensee shall knowingly collect or deliver hazardous waste, as defined under applicable law, to any transfer facility, processing plant, or disposal area.
(D) The licensee shall limit the collection and transportation of solid waste within Montrose Township to the hours between 6:00 a.m. and 6:00 p.m. and shall not collect or transport solid waste within Montrose Township on Sundays or legal holidays.
(E) The licensee shall provide its employees, agents, or contractors with training in all safety standards imposed by law or regulation in order to minimize any detrimental effects of the process of waste collection and transportation on the land or residents of the township, including spill management.
(F) The licensee shall maintain its trucks in a neat and orderly appearance, including keeping them well painted and washed at all times.
(G) The licensee shall ensure that all solid waste transporting units are equipped with a broom and shovel for collection of spilled wastes.
(H) Licensee shall ensure that all its vehicles are free of mud, dirt, clay, refuse, or other debris which may fall from the vehicle before entering on any public road in the township.
(I) Licensee shall choose, within reason, routes leading to transfer facilities, processing plant, or disposal areas, that minimize impacts on bordering residential areas. Licensee shall give preference to paved roads in formulating its haul routes. Licensee shall instruct its employees, agents, or contractors hired by it, when operating their vehicles on dirt roads, to do so in a manner which minimizes the creation of dust.
(J) While operating on any road, street, alley, or passageway, licensee shall observe all traffic ordinances. Licensee shall operate its vehicles so that a smooth traffic flow is maintained. The licensee shall conduct its operations in a manner that will cause the least inconvenience and annoyance to the general public and to property owners.
(K) A solid waste transporting unit shall not be parked in a residential area in Montrose Township during the collection process longer than necessary to collect refuse, unless it is parked more than 500 feet from adjacent residential structures.
(L) If a licensee shall allow, cause, or permit solid waste to fall, spill, be dumped, deposited, or come to rest upon a place which is not designated for the purpose, the licensee shall immediately cause the solid waste to be removed and transported to a site duly designated for the purposes.
(Ord. 1992-3, passed 1-13-1992) Penalty, see § 53.99
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