All solid waste haulers collecting solid waste from persons or property within the township shall be required to have a duly issued and in effect license pursuant to the following procedure.
(A) The Township Clerk and the office of the Township Clerk shall administer the issuance of the license.
(B) Each license shall be effective for a term expiring on January 30 next following the date of issuance, unless earlier suspended or revoked.
(C) The fee for a solid waste haulers’ license shall be $25 plus $5 for each solid waste transporting unit and each commercial receptacle owned or utilized by the licensed solid waste hauler. Each additional solid waste transporting unit and each additional commercial receptacle placed in service after a new or renewal application has been filed shall be notified to the Township Clerk and accompanied by the aforesaid unit fee before the Clerk may issue the decal.
(D) A license shall be issued to the solid waste hauler applicant and a decal for each solid waste transporting unit and commercial receptacle of the applicant. The license shall be displayed at the licensee’s principal place of business and produced for inspection by any representative of the township or customer upon request to the licensee. The decal shall be permanently affixed to and maintained upon the solid waste transporting unit or commercial receptacle in a clearly visible location.
(E) A license shall not be granted to an applicant unless the applicant submits an application in a form and containing information concerning the identity, experience, officers and employees, equipment, economic integrity, proof of access to and use of an adequate and approvable materials recovery facility (M.R.F.), composting facility and a licensed disposal area, and pertinent facts of the applicant as the Township Clerk may from time to time require for the purpose of determining whether the applicant meets all of the requirements of a solid waste hauler and the solid waste transporting units established by the Director of the Department of Natural Resources pursuant to M.C.L.A. §§ 324.101 et seq., and rules promulgated pursuant to M.C.L.A. §§ 24.201 et seq., as amended, all of which detailed technical regulations are adopted by reference and incorporated herein by reference.
(F) Each solid waste transporting unit and each commercial receptacle shall be inspected in accordance with procedures established by the Clerk to determine that the solid waste hauler has in operation only units and receptacles which are proper, hygienic and not contributory to litter. The Clerk may accept as complying with this chapter, any solid waste transporting unit which has been inspected and approved by the Director of the Department of Natural Resources pursuant to Public Act 451 of 1955, being M.C.L.A. §§ 324.11501 et seq., as amended, and the rules promulgated pursuant to Public Act 306 of 1969, M.C.L.A. §§ 24.201 et seq., as amended, all of which detailed regulations are adopted by reference and incorporated herein by reference, for the period of the effectiveness of the approval.
(G) Each application for a license shall be accompanied by a bond running to the township in the penal sum of not less than the amount of one year revenue to be realized by the licensee from the township residents in such form as may be approved by the Township Attorney, which bond shall be signed by an approved surety duly authorized to do business in the state, and which bond shall be conditioned on the due observance during the time of the license of all of the laws of the state, the ordinances of the township and the approved rules and regulations of the Supervisor pertaining to the collection, removal and transportation of solid waste and all legal rights of all persons who are served by or injured by the licensee. Any persons aggrieved by the action of any private collector licensee shall have a right of action on the bond for the recovery of the damages. The bond shall remain in full force and effect for a period of 90 days after the expiration or cancellation of any license. Each licensee shall maintain for each vehicle, the security required by law, and additional security sufficient to pay $1,000,000 for one person injured in an accident, and $1,000,000 for all other persons injured in an accident, and shall deposit, prior to the issuance of the license, certificates of insurance with the Township Clerk indicating such coverage. The solid waste hauler licensee shall obtain and keep in full force and effect insurance to protect the public against risk of loss from liability, including damage to property and injury to person, in a sum not less than $1,000,000 per occurrence caused by the actions or operations of the licensee, its officers, employees and agents. Further, the township may require of private and township contractors other bonds of insurance including worker’s compensation insurance to insure the township that the obligations of the contractors will be sufficiently performed and discharged, and the safety of the township will be protected in the event that they are not.
(H) If the applicant meets the requirements of this chapter, meets the requirements and rules promulgated pursuant to Public Act 451 of 1955, as amended, agrees to abide by this and all other applicable township ordinances, including, but not limited to, site plans prepared pursuant to the zoning ordinance, and pays the applicable fees, then the Clerk shall issue a license to the applicant and for each acceptable solid waste transporting unit and commercial receptacle.
(I) No license or contract issued, granted or entered into with any contractor under the provision of this chapter shall be assignable or sublet without the express written permission of the Township Board.
(J) Each private contractor may fix and determine reasonable rates to be charged for this service. In the event any person dealing with a private contractor is aggrieved by the rates fixed for the service, the Township Board reserves the right, upon appeal by the person, to fix and determine the reasonable rates to be charged by the private collector licensee. Notwithstanding the above, the Township Board hereby reserves the right to fix and determine, at any time, a schedule of reasonable rates to be charged by all private collector licensees for the collection, transportation and disposal of commercial, building and industrial refuse.
(Prior Code, § IX-1.11)