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§ 53.24 EFFECTIVE DATE.
   This subchapter shall take effect immediately upon publication.
(Ord. 1992-3, passed 1-13-1992)
COSTS ASSOCIATED WITH LANDFILLS
§ 53.40 PURPOSE.
   The Charter Township of Montrose finds that it incurs considerable costs associated with the operation of landfills located within the township. These costs include damage to roads caused by transportation of solid waste to landfills, decreased property values near landfill locations, and various environmental aspects associated with the operation of landfills such as noise, blowing paper, dust, odors, vectors, and pest animals. The township finds that since it does not benefit monetarily from the operation of landfills within its borders, it is left to bear the costs incurred by the presence of these landfills. Therefore, as a means to generate adequate revenue to cover those costs, the township deems it necessary to impose an impact fee on any solid waste or municipal incinerator ash disposed of in a landfill located within Montrose Township.
(Ord. 67, passed 6-18-1990)
§ 53.41 DEFINITION.
   For the purpose of this subchapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.
   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 reuser of slag or slag products;
      (5)   Sludges and ashes managed as recycled or nondetrimental materials appropriate for agricultural or silvicultural use pursuant to a plan approved by the DNR;
      (6)   Materials approved for emergency disposal by the DNR;
      (7)   Source separated materials;
      (8)   Site separated materials;
      (9)   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
      (10)   Other wastes regulated by statute.
(Ord. 67, passed 6-18-1990)
§ 53.42 IMPOSITION OF IMPACT FEES.
   An impact fee of $.10 per cubic yard shall be and is hereby assessed on all solid waste or municipal incinerator ash that is accepted for disposal at any landfall in Montrose Township which landfill is utilized by the public and used to dispose of solid waste collected from 2 or more people. This impact fee shall be assessed uniformly on all applicable wastes accepted for disposal. The township reserves the right to enter into an agreement with an owner or operator of a landfill to establish a higher fee than the amount referred to above, which higher fee will supercede the fee imposed by this subchapter during the time the agreement is in effect.
(Ord. 67, passed 6-18-1990)
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