Chapter 17.3 - SOLID WASTE COLLECTION, RECYCLING AND DISPOSAL [1] 
(a)
Act 641 of the Public Acts of 1978, as amended, provides that a municipality shall assure that all solid waste is removed from sites of generation frequently enough to protect the public health, and delivered to solid waste disposal areas authorized to operate pursuant to Act 641. The city commission has determined that the collection of solid waste would most appropriately be undertaken at this time by the city licensing private contractors seeking to do business within the city. Because solid waste collection directly affects the public health, safety and general welfare, the city shall license contractors in order to facilitate city governance and control of the solid waste program. In addition, the city commission has determined that it would be in the public interest if the persons licensed as contractors demonstrate their capability and strength to provide a high level of service to sites of generation within the city and to promote the public health, safety and welfare.
(b)
The city commission has further determined that its solid waste program should include recycling and composting, consistent with the Oakland County solid waste plan. Through such a program of recycling and composting, the city desires to reduce the volume of solid waste disposed in landfills.
(c)
For purposes of establishing and carrying out a program of solid waste collection, recycling and disposal, the city commission has adopted this article to provide standards and specifications for services to be provided, provide for administration of the program and operations specifications, and provide penalties for failure to comply with the provisions of this ordinance.
(Ord. No. 252, § 1, 10-15-91)
As used in this article, the words and phrases listed below shall have the following meanings:
Act 641 means Act No. 641 of the Public Acts of Michigan, 1978, as amended.
Act 641 plan means the Oakland County Solid Waste Management Plan approved by the Oakland County Board of Commissioners, by two-thirds of the cities, villages and townships in the County and by the Director of the MDNR, pursuant to the requirements and provisions of Act 641, and any updates thereof and any amendments thereto adopted in accordance with Act 641.
Construction/demolition debris means non-hazardous wastes generated from construction and demolition activities, including but not limited to concrete, asphalt, wood, metal and plaster.
Curb side means by the edge of the curb or, if there is no curb, by the edge of the adjoining road right-of-way.
Hazardous waste means any material or substance which by reason of its composition or characteristics is:
(1)
Hazardous waste as defined in the Solid Waste Disposal Act, 42 USC § 6907, et seq., as amended, replaced or superseded, and the regulations implementing the same; or,
(2)
Material the disposal of which is regulated by the Toxic Substance Control Act, 15 USC, § 2601, et seq., as amended, replaced or superseded, and the regulations implementing the same; or
(3)
Special nuclear or by-products materials within the meaning of the Atomic Energy Act of 1954; or,
(4)
Hazardous waste as defined in the Act No. 641 of the Public Acts of Michigan, 1979, as amended from time to time, and as identified in administrative rules and regulations adopted by published resolution of the city commission from time to time and/or by regulations adopted by the department of natural resources. Hazardous waste as hereinabove defined includes, but is not limited to, paint, batteries, cleaning solvents, cleaning fluids, motor oil, gasoline, pesticides and fertilizers.
Industrial special waste means nonhazardous wastes generated by industrial users, which due to their size or composition, require special handling and/or disposal procedures, including but not limited to foundry, sand, incinerator/boiler bottom ash, fly ash, sludges, scrap pallets and other wastes from manufacturing processes which require special handling and/or disposal procedures.
Person means any individual, firm, public or private corporation, partnership, trust, public or private agency or any other entity, or any group of such persons.
Premises means any area used for residential, commercial, or industrial purposes, separately or in combination to which a separate street address, postal address or box, tax roll description, or other similar identification has been assigned or is in use by a person having control of the area.
Recyclable materials means the following commingled and/or pre-sorted materials that are separated from solid waste prior to the collection of solid waste from a site of generation and left at the site of generation or at a drop-off center for collection: high grade paper, glass, metal, plastic, aluminum, newspaper, corrugated paper, and yard clippings. Recyclable materials shall not include hazardous waste.
Site of generation means any premises in the city in or on which solid waste or recyclable materials is generated by any person.
Solid waste means garbage, rubbish, ashes, incinerator ash, incinerator residue, street cleanings, solid commercial and solid industrial waste, and animal waste provided, however, that this definition shall not include hazardous waste, recyclable materials, industrial special waste, construction/demolition debris, municipal sludges, human body waste, liquid or other waste regulated by statute, ferrous or non-ferrous scrap directed to a scrap metal processor or to a reuser of ferrous or non-ferrous products, slag or slag products directed to a slag processor or to a reuser of slag or slag products, sludges and ashes managed as recycled or nondetrimental materials appropriate for agricultural or silvicultural use pursuant to a plan approved by the director of the MDNR, materials approved for emergency disposal by the director of MDNR and fly ash or other ash produced from the combustion of coal when used as set forth in Section 7(1) of Act 641.
Waste hauler means any person engaged, in whole or in part, in the business of collection, transporting, delivering or disposing of solid waste and recyclable materials generated within the city.
Yard clippings or yard waste means fallen leaves, cut grass, sticks, branches, lake weeds or other organic debris that can be composted.
(Ord. No. 252, § 1, 10-15-91)
(a)
All solid waste and recyclable materials from any site of generation intended for collection shall be stored and placed for pick-up and collection at the times and in the manner provided in rules and regulations adopted by a duly published resolution of the city commission.
(b)
All solid waste and recyclable materials from a site of generation intended for removal from the premises shall be placed in one or more containers. Such containers shall be stored within a building or at the rear or side of a building at a place which is reasonably inconspicuous from streets or places occupied by other persons. Such containers may consist of plastic garbage bags art protected from destruction by animals. Any solid waste placed at curb side for pick up shall not be placed more than twelve (12) hours prior to the scheduled collection time and containers shall be removed within twelve (12) hours following collection from curb side. In the event said container shall not be removed within twelve (12) hours following collection, the city may remove said container at property owner's expense. A fee shall be determined by the city manager to cover the city's cost of said removal.
(c)
Between collections of solid waste and recyclable materials by the city licensed waste hauler, each person who is an owner, lessee or occupant of any site of generation shall store such materials as follows:
(1)
Solid waste shall be stored in either garbage bags or containers constructed of rigid metal or plastic with tightly fitting covers, said containers to be animal-proof and rodent-proof. Rigid containers should be kept tightly covered except when opened for deposit or removal of solid waste. Storage containers must be kept in a clean and sanitary condition.
(2)
Recyclable materials (other than yard waste) shall be stored in containers satisfactory to waste hauler to contain such recyclable materials therein.
(3)
Yard waste shall be segregated from solid waste and recyclable materials.
(d)
Recyclables.
(1)
Commencing on April 1, 1992, all persons who are owners, lessees or occupants of any site of generation shall separate recyclable materials (excluding yard waste) from solid waste and prepare the recyclable materials for pick up, collection and delivery in the manner provided by the rules and regulations adopted by the city commission by duly published resolution.
(2)
Yard wastes shall either be disposed of at the site of generation in a manner which will not create a nuisance and/or be injurious to the public health, or yard wastes shall be placed at the curb side or other designated location for pick up, collection and delivery by the waste hauler in the manner provided by rules and regulations adopted by the city commission. This provision shall not prohibit a person engaged in the business of providing landscaping services from removing yard wastes from a site of generation, provided, however, such person shall be obligated to dispose of such yard wastes by composting, direct delivery to the waste hauler and/or delivery to premises outside of the city in a lawful manner. Construction materials and debris shall be collected in on-site dumpsters and hauled away. A waste hauler who hauls such construction materials and debris need not be licensed under this article.
(3)
Any recyclable materials authorized for collection, by or at the direction of the city in accordance with the terms of this article, shall become the property of the waste hauler at the time the materials is placed at the curb-side or other designated location. It shall be a violation of this article for any person not authorized by the city to collect or pick up or cause to be collected or picked up any such recyclable materials.
(Ord. No. 252, § 1, 10-15-91)
(a)
No person shall dispose of any solid waste or recyclable materials generated within the city other than by means of any waste hauler duly licensed by the city for such purpose.
(b)
The burning of yard waste, sticks, branches or compostable materials, including but not limited to leaves, shall be prohibited within the city. In certain circumstances, such materials may be burned within the city provided a written burning permit shall be first obtained from the Public Safety Department. Said permit shall be valid for the day on which it is issued.
(c)
Commencing on April 1, 1992, all solid waste and recyclable materials, including yard wastes (subject to the exclusions noted above), generated within the city shall be collected and delivered to the licensed waste hauler.
(d)
The city commission shall, by resolution duly published, establish rules and regulations governing procedures for collection. Such procedures shall include the pick-up schedule, and the manner, location and containers for storage and collection. Such rules and regulations shall be consistent with the license granted to the waste hauler by the city. A failure to comply with such rules and regulations shall be a violation of this article. [A copy of such rules and regulations is on file in the office of the city clerk.]
(e)
The waste hauler shall deliver solid waste to a facility authorized to operate pursuant to Act 641 for disposal, and the waste hauler shall pay all disposal fees established for the particular licensed facility for any delivery of solid waste or recyclable materials to such facility. The obligation to pay the disposal fee pursuant to this article shall be absolute and unconditional.
(f)
No person shall engage in the business of collecting, transporting, delivering, or disposing of solid waste or recyclable materials generated within the city without first being licensed by the city as provided in this article.
(g)
The waste hauler shall comply with the Act 641 Plan and all applicable federal, state and county laws, statutes, rules and regulations in the collection, transportation and delivery of solid waste and recyclable materials, as they may be amended from time to time.
(h)
A person shall not knowingly place hazardous waste at curb side or other designated location for collection, and, except as provided herein, a waste hauler shall not knowingly collect or deliver hazardous waste to a processing or disposal site. Hazardous waste shall only be collected by waste haulers who are certified and licensed by all applicable governmental entities and agencies to collect and dispose of hazardous waste and no hazardous waste shall be disposed of within the city by burial or by dumping nor shall hazardous waste be used as fill. No hazardous waste shall be disposed of into any lake, stream, culvert or other body of water.
(Ord. No. 252, § 1, 10-15-91)
(a)
No person shall engage in the business of collecting, transporting, delivering or disposing of solid waste or recyclable materials generated within the city without first obtaining an annual waste hauler license pursuant to this article. Waste hauler licenses shall be issued upon the application to the city's administrative offices on forms provided therefor and upon payment of a license fee to the city. The license fee may be established and modified from time to time by resolution of the city commission. Said license shall be renewable pending satisfactory performance on an annual basis.
(b)
Conditions of waste hauler license: It shall be an express condition of each waste hauler license that the waste hauler shall comply with all of the following:
(1)
All provisions of this article;
(2)
All applicable federal, state, county and local laws, statutes, ordinances, rules and regulations, including, but not limited to, those pertaining to the collection, transportation, delivery and disposal of solid waste, recyclable materials and yard waste and shall further comply with the Act 641 Plan and the solid waste plan as adopted by the Oakland County Board of Commissioners as updated from time to time; and
(3)
All applicable ordinances and rules and regulations adopted from time to time by the city.
(c)
The city manager shall develop license specifications for those persons who seek to obtain licensure for solid waste collection, recycling and disposal in the city.
(d)
In order to obtain licensure by the city to become a waste hauler, the contractor, as a minimum, must provide for:
(1)
Insurance requirements, including liability, and worker's compensation.
(2)
Operational specifications, including specifications for collection trucks and equipment, employees, contract maintenance facility, waste container handling and condition, schedules and routes, and other matters deemed necessary or appropriate by the city manager.
(3)
Those licensure requirements set forth in Chapter 9 of the City Code.
(4)
The city manager shall approve the type of container for recyclable materials, including the color and size.
(5)
Curb side, rear yard and garage pick-up services.
(6)
Regular operation within the city on Monday through Thursday. Provided, however, services may be provided on Friday when a holiday occurs, or due to strikes, work stoppages and/or inclement weather, the regular services cannot be completed during the preceding four (4) days.
(e)
The license shall require the waste hauler to comply with applicable laws, ordinances, rules and regulations.
(f)
The license shall require the waste hauler to secure and maintain in good standing all permits and licenses required by law, ordinance or regulation.
(Ord. No. 252, § 1, 10-15-91; Ord. No. 255, § 1, 3-10-92)
Editor's note—
A resolution of the specifications regarding licensure of waste haulers is on file with the office of the city clerk.
Cross reference— Licenses and business regulations generally, §§ 9-1 et seq.
(a)
Any person who shall violate a provision of this article shall be guilty of a misdemeanor punishable by a fine not to exceed five hundred dollars ($500.00) or by imprisonment not exceeding ninety (90) days, or other such fine and imprisonment.
(b)
Each day in which a violation occurs, or continues, shall be deemed to be a separate offense
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