Orion Twp. Proposed Ordinance Adoption – Amendment to Ord. No. 73 – Solid Waste & Recyclable Materials and Designated Waste Hauler

NOTICE

CHARTER TOWNSHIP OF ORION

PROPOSED ORDINANCE ADOPTION

AMENDMENT TO ORDINANCE NO. 73

SOLID WASTE, & RECYCLABLE MATERIALS COLLECTION, AND DESIGNATED WASTE HAULER COLLECTIONS REGULATION

The Charter Township of Orion Board of Trustees, at the regular meeting of Monday, September 16, 2019, to be held at 7:00 p.m., at the Orion Township Hall, 2525 Joslyn Rd., Lake Orion, Michigan 48360, proposes to adopt an ordinance to amend Ordinance No. 73, Solid Waste & Recyclable Materials Collection Regulation, for the Charter Township of Orion, Michigan, to regulate the business of solid waste collection within the Township of Orion; to enact rules and regulations for the conduct of such businesses; to provide for a designated waste hauler program for single family generation sites only; to provide for licenses and fees; and to establish penalties for the violation of the provisions.

The CHARTER Township of ORION OrdainS:

SECTION 1 of Ordinance

The Title, Preamble, and Sections 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10 of Ordinance No. 73 shall be amended by placing the hereinafter described language in the Sections as follows:

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Ordinance No. 73

Solid Waste, & Recyclable Materials, and Designated Waste Hauler Collections Regulation Collection Regulation

AN ORDINANCE TO REGULATE THE BUSINESS OF SOLID WASTE COLLECTION WITHIN THE TOWNSHIP OF ORION; TO ENACT RULES AND REGULATIONS FOR THE CONDUCT OF SUCH BUSINESSES; TO PROVIDE FOR A DESIGNATED WASTE HAULER PROGRAM FOR CERTAIN GENERATION SITES; TO PROVIDE FOR LICENSES AND FEES; AND TO ESTABLISH PENALTIES FOR THE VIOLATION OF THE PROVISIONS.

Section 1 – Title

This Ordinance shall be known and cited as the Orion Township “Solid Waste, and Recyclable Materials, and Designated Waste Hauler Collection Regulation Ordinance”, and it shall be sufficient in any action for enforcement of the provisions hereof to define the same by such short title and or by reference to the number hereof.

Section 2 – Purpose

The purpose of this Ordinance shall be:

A. To further secure and protect the general welfare and safety of the citizens and others within the Township of Orion;

B. To promote recycling and composting as desirable alternatives to the disposal of solid wastes in landfills or by incineration;

C. To regulate the business of solid waste collection within the Township of Orion;

D. To enact rules and regulations for the conduct of such business;

E. To establish a Designated Waste Hauler for specified generation sites;

F. To establish and allow for a DESIGNATED WASTE HAULER Contract that provides for the terms and conditions for the collection of solid waste and recyclables by the DESIGNATED WASTE HAULER;

E. G. To provide for licenses and fees; and

F. H. To establish penalties for the violation of the provisions.

Section 3 – Definitions

Collection Vehicle – any vehicle specifically designed for and used for the collection of solid waste or recyclable materials.

Commercial – any business establishment or office, regard­less of zoning district, which provides for the sale of goods and/or services to customers.

Compostables means yard clippings and residential compostables. Residential compostables means organic fruit and vegetable material which is produced incidental to the vegetable material which is produced incidental to the preparation of food for human consumption in residential structures.

Designated Waste Hauler means any person or entity awarded a contract as the Township’s Designated Waste Hauler to engage in the business of collecting solid waste, recyclable materials, compostables and yard clippings from specific generation sites within the Township for hauling, transporting or disposing of such materials.

Designated Waste Hauler Contract – An Agreement between the Township and a Waste Hauler that has been approved by the Township Board of Trustees, signed by both parties and covering the applicable dates.

Garbage – rejected food wastes including waste accumulation of animal, fruit, or vegetable matter used or intended for food or that attends the preparation, use, cooking, dealing in, or storing of meat, fowl, fruit, or vegetable.

Industrial – any business establishment, regardless of zoning district, which provides for the production or manufacture of goods or raw material or component parts.

Litter means all rubbish, refuse, waste material, garbage, offal, paper, glass, cans, bottles, trash, debris or other foreign substances of every kind and description.

Multiple-Family – any residential development which provides for more than one family on a single parcel of land.

Multi-Family Generation Site – as set forth in the Designated Waste Hauler Contract, certain multi-family generation sites, including certain duplex, triplex, fourplex, and townhouse or condominium residential units will be covered by Designated Waste Hauler curbside collection system. Such multi-family generation sites will be defined or set forth in the Designated Waste Hauler Contract.

Recyclables – selected items that are authorized to be picked up to be recycled. Recyclable materials means source-separated materials, site-separated materials, high grade paper, glass, metal, plastic, aluminum, newspaper, corrugated paper, yard clippings and other material deemed to be recyclable materials by duly adopted resolution of the Township Board. These shall include, but need not be limited to, clear glass containers, metal food cans and lids, aluminum, newspaper, flat and corrugated cardboard (up to 3′ x 3′, bundled), plastic containers with recycling codes 1 (polyethylene terephthalate; clear plastic) or 2 (high density polyethylene translucent or opaque containers, such as milk jugs, etc.).

Rubbishmeans nonputrescible solid waste, excluding ashes, consisting of both combustible and non-combustible waste including paper, cardboard, metal containers, yard clippings, wood, glass bedding, crockery, demolished building materials,or litter of any kind that may be a detriment to the public health and safety.

Single-Family Generation Site – any residential development which provides for a single-family dwelling on a single parcel of land unit that is not attached to any other dwelling unit by any means.

Solid Waste – garbage, rubbish, ashes, incinerator ash, incinerator residue, street cleanings, municipal and industrial sludges, and solid commercial and solid industrial waste, animal waste; but does not include human body waste, liquid or other waste regulated by Michigan statute, ferrous or nonferrous scrap directed to a scrap metal processor or to a reuser of ferrous or non-ferrous products.

Yard Clippings means leaves, grass clippings, vegetables or other garden debris, shrubbery, brush or tree trimmings less than four feet in length and two inches in diameter, that can be converted to compost humus. This term does not include stumps, agricultural wastes, animal waste, roots, sewage, sludge or garbage.

Section 4 – License Required and Applicable Fees of all Non-Designated Waste Haulers

Section 4 does not apply to the Designated Waste Hauler. The license, application, renewal and transfer of the Designated Waste Hauler will be addressed and enforced through the Designated Waste Hauler contract with the Township. Section 4 applies to solid waste and recyclable collection businesses within the Township, other than the Township’s Designated Waste Hauler; primarily serving multiple family units, industrial and commercial units.

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Section 5 – Application Process

Section 5 does not apply to the Designated Waste Hauler. The license, application, renewal and transfer of the Designated Waste Hauler will be addressed and enforced through the Designated Waste Hauler contract with the Township. Section 5 applies to solid waste and recyclable \collection businesses within the Township, other than the Township’s Designated Waste Hauler; primarily serving multiple family units, industrial and commercial units.

A. Applications for licenses to engage in the business of solid waste collection, other than the designated waste hauler, within Orion Township shall be made to the Township Clerk, and shall contain:

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Section 6 – Renewal of License

Section 6 does not apply to the Designated Waste Hauler. The license, application, renewal and transfer of the Designated Waste Hauler will be addressed and enforced through the Designated Waste Hauler contract with the Township. Section 6 applies to solid waste and recyclable collection businesses within the Township, other than the Township’s Designated Waste Hauler; primarily serving multiple family units, industrial and commercial units.

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D. A quarterly report of random inspections and violations shall may be provided by the OCSD to the Township Board.

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Section 7 – Temporary Transfer of License

Section 7 does not apply to the Designated Waste Hauler. The license, application, renewal and transfer of the Designated Waste Hauler will be addressed and enforced through the Designated Waste Hauler contract with the Township. Section 7 applies to solid waste and recyclable collection businesses within the Township, other than the Township’s Designated Waste Hauler; primarily serving multiple family units, industrial and commercial units.

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Section 8 – Revocation of License

Section 8 does not apply to the Designated Waste Hauler. The license, application, renewal and transfer of the Designated Waste Hauler will be addressed and enforced through the Designated Waste Hauler contract with the Township. Section 8 applies to solid waste and recyclable collection businesses within the Township, other than the Township’s Designated Waste Hauler; primarily serving multiple family units, industrial and commercial units. The revocation of the Designated Waste Hauler license will be addressed in the Designated Waste Hauler Contract.

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E. If the decision is to revoke the license, the Township Board shall establish the date of revocation and cause a copy of its order to be served upon the licensee either in person or by certified mail.

F. Upon service of the Board’s order with the revocation of license date indicated, the licensee shall have no further right to engage in the solid waste collection business in the Township of Orion.

G. If the Township Board, for whatever reason, decides not to renew or deny the license of any solid waste collection licensee, then the Board shall so notify the licensee by certified mail. The licensee shall be entitled to a hearing before the Board as outlined in this Section, if he requests it in writing to the Township Clerk within ten (10) days of the notice of revocation.

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Section 9 – Collection Licensee Requirements, Including Designated Waste Hauler

A. Vehicles.

1. Any collection vehicle used for the transportation of solid waste or recyclable materials within the Township shall be water-tight, and equipped with covers over that portion of the vehicle that is used for the transportation of solid waste or recyclable materials.

a. Inspection of Collection Vehicles. A Waste Hauler shall, upon request, permit the inspection of collection vehicles by the Township or its designee, as those items relate to safe and proper equipment, including, but not limited to, lights, brakes, tires and exhaust for compliance with existing state law and local ordinance.

2. Any such vehicle shall also be in good working order so as not to constitute a nuisance or a hazard to other traffic on the roads within the Township. The items to be in good working order include, but are not limited to, the tires, lights, horn, brakes, exhaust system, and steering system.

3. Any licensed vehicle, in addition to displaying the Township sticker or plate, shall also display in a conspicuous place the licensee’s name, address, and telephone number, so that the vehicle can be readily identified.

B. Fee Schedule.

1. Each licensee shall file with the Township a complete schedule of fees and charges to be made to customers for service. The Designated Waste Hauler shall satisfy this requirement by way of an approved contract with the Township.

2. A licensee shall not depart from its filed or contracted for fees and charges in the operation of its business within the Township.

3. Except as set forth in the designated Waste Hauler Contract, any change in the fees or charges shall be filed with the Township Clerk and mailed or hand delivered to each customer at least thirty (30) days before the changed fees are to become effective.

C. Pick-Up Schedules and Areas, unless Specified in the Designated Waste Hauler Contract.

1. Each licensee shall file with the Township Clerk a complete schedule of the days and the areas that pickup from customers are to be made.

2. A licensee shall not depart from its filed schedule of days and areas for conducting a solid waste and recyclable materials collection business within the Township unless thirty (30) days written notice has been filed with the Township Clerk and mailed or hand delivered to each customer.

3. Exceptions to the above requirements will be allowed only in case of an emergency situation. Such a situation shall be that which constitutes a potential health hazard because conditions not directly within the control of the licensee, such as, but not limited to, weather conditions, acts of God, and vehicle breakdowns which could not have been prevented. Such exceptions shall be decided by the Township Clerk.

D. Pick-Up Prohibitions.

A licensee shall not drive or cause to be driven any of his vehicles over or through any street in Orion Township at any time on any Sunday or on New Year’s Day, Memorial Day, the Fourth of July, Labor Day, Thanksgiving Day, or Christmas Day.

1. Domestic solid waste, recyclable materials and yard clippings shall be collected within the Township from the curbside of residential sites of generation only between the hours of 7:00 a.m. and 7:00 p.m., Monday through Friday, except solid waste, recyclable materials and yard clippings may be so collected on a Saturday between those hours when a legal holiday has occurred on a weekday in the immediately preceding week or when scheduled weekday collections have been delayed in the immediately preceding week or when scheduled weekday collections have been delayed in the immediately preceding week due to collection vehicle equipment failure beyond the control of the Waste Hauler.

2. Commercial and industrial solid waste, recyclable materials, compostables, and yard clippings shall be collected within the Township from commercial and industrial sites of generation only between the hours of 6:00 a.m. and 8:00 p.m., Monday through Friday.

E. Non-Discrimination.

Service shall be offered by the licensee to any and all customers, without discrimination, who request such service and are willing to pay the established fees and charges.

Section 10 – Curbside / Roadside Recycling, Including Designated Waste Hauler

A. Every person, firm or corporation engaged in the business of solid waste collection within Orion Township shall provide curbside/roadside recycling to each single-family and multiple-family residence from which they also collect solid waste, at no additional cost. Unless as otherwise stated in the Designated Waste Hauler Contract, the following applies:

1. Recyclables shall be picked up at least every other week weekly, and on the same day of the week as the solid waste collection of that week.

2. The solid waste hauler shall provide appropriate containers for recyclables to its own customers.

a. Single-family and applicable multi-family residences, including mobile homes, shall each be provided with suitable containers for small recyclables. Large or bulky recyclables will be placed near the recycling container for pick-up.

b. Large multiple-family residences shall be provided with separate receptacles for solid waste and recyclable materials.

3. Recyclables separated by residents shall not be disposed of into trash hauling vehicles by trash hauling personnel. A separate vehicle shall be used to collect recyclables.

B. The progress of the Township’s recycling effort shall be monitored by the Orion Township Solid Waste Recycling Environmental Resource Committee. The Committee may require periodic reports of the trash haulers to assist in their efforts to promote recycling in the Township.

Section 11 – Customer Requirements

A. Single-Family Customers.

1. Each customer of a licensed solid waste, recyclable materials, compostables and yard clippings collector within Orion Township shall retain all substances to be collected between scheduled pick-ups in an inconspicuous place on their premises and in suitable water-tight containers.

2. Not earlier than 6:00 p.m. the night before the scheduled pick-up, receptacles containing the solid waste to be collected may be placed at the edge of the roadway for pick-up.

3. After pick-up, all empty receptacles shall be removed from the street promptly, but not later than 8:00 p.m., on the day of collection.

4. All single-family generation sites are required to have their solid waste, recyclable materials, compostables and yard clippings picked-up by the Designated Waste Hauler under the terms, conditions and costs set forth in the Designated Waste Hauler Contract.

B. Multiple-Family, Commercial, Industrial.

1. Covered trash receptacles, surrounded on three (3) sides by masonry brick-type walls one (1) foot higher than the receptacle shall be provided in the rear yard of the building or principal use structure.

2. The fourth side of the trash receptacle enclosure shall be equipped with an opaque lockable gate that is the same height as the brick-type wall.

3. Customers in these categories shall have three (3) years from the effective date of this Ordinance to comply with Section 11 (B).

Section 12 – Designated Waste Hauler Collection Program

A. Collection and disposal of solid waste and recyclable materials by Township’s Designated Waste Hauler. Commencing on the date set forth in the Designated Waste Hauler contract, collection and disposal of solid waste, yard clippings, compostables and recyclable materials from single-family generation sites shall be in accordance with the Designated Waste Hauler Contract and the following provisions:

1. No person shall dispose of any solid waste or recyclable materials (excluding yard clippings removed by landscapers) generated from single-family generation sites within the Township other than by means of the Designated Waste Hauler contracted by the Township for such purpose.

2. As further directed in the Designated Waste Hauler Contract, the Designated Waste Hauler shall deliver solid waste to a facility authorized under Act 451, as amended, recyclables to a recycling facility and all other collection as directed in the Designated Waste Hauler Contract.

3. No person except the Designated Waste Hauler shall engage in the business of collection, transporting, delivery or disposal of solid waste or recyclable materials generated by single-family generation sites within the Township.

4. The Designated Waste Hauler shall comply with Act 451 and all applicable federal, state and county laws, local ordinances, and rules and regulations in the collection, transportation and delivery of solid waste and recyclable materials.

5. No person shall knowingly place hazardous waste at curbside or other designated locations for collection, and the Designated Waste Hauler shall not knowingly collect or deliver hazardous waste to a processing or disposal site.

6. The provisions of Section 12 shall not prohibit the placement of solid waste, yard clippings or recyclable materials for collection by a person or company other than the Designated Waste Hauler if such person or company is operating under an active license of the Township and is providing collection services pursuant to a collection contract existing prior to the enactment of the Designated Waste Hauler contract, between such person and the owner and occupant of a single-family generation site. Section 12 shall apply to such person or company upon expiration of the contract or license, whichever comes first.

B. Rates, charges, and payments for Designated Waste Hauler Collection program: The Designated Waste Hauler shall charge fees for collection and disposal of waste and shall bill for such services in accordance with the following; unless provided otherwise in the Designated Waste Hauler Contract.

1. The Designated Waste Hauler shall charge fees for collection and disposal of waste placed for collection as set forth in the contract between the Designated Waste Hauler and the Township.

2. Unless specified otherwise in the Designated Waste Hauler Contract, the Designated Waste Hauler shall send a quarterly invoice, in advance, to each single-family generation site for which services are provided in the Township. Such invoice shall represent charges for services to be rendered in the following quarter.

3. Unless otherwise specified in the Designated Waste Hauler Contract, the invoice shall be delivered by regular mail at least two weeks prior to the beginning of the quarter for which charges are imposed.

4. If the invoice is not paid within 90 days after the due date, it shall be considered delinquent and a penalty set by the Township Board or as otherwise specified in the designated Waste Hauler Contract shall be added to the amount due.

5. If provided in the Designated Waste Hauler Contract, the charges for collection and disposal fees relating to services to single-family generation sites by the Designated Waste Hauler shall constitute a lien on the single-family generation site for which the services have been provided. Any charges and penalties delinquent for three months or more shall be certified annually by the Township official in charge of collection to the tax assessing officer of the Township to be entered upon the next tax roll against the single-family generation site for which the services have been rendered, and the charges and penalties shall be collected as part of the general Township taxes against such single-family generation site and shall accrue further interest and penalties and shall be collected in the same manner as provided for delinquent real property taxes in the Township. If not provided for in the Designated Waste Hauler Contract, the Designated Waste Hauler shall be responsible to collect all fees and the Township will have no obligation to collect any fee or delinquent payment by tax lien or otherwise.

C. If any term, provision or condition is not covered by this Ordinance, the Designated Waste Hauler Contract shall control and the Township retains the right to amend, modify or change any term or condition provided in the Contract upon renewal, agreement of the parties or selection of a new Designated Waste Hauler.

Section 12 – Severability

In the event that any section, paragraph, sentence, phrase, word, or part of this Ordinance shall be held invalid, such holding shall not affect the balance of the provisions herein.

Section 13 – Penalties

Any person, business engaging in solid waste collection for multiple family units or commercial units, or a Designated Waste Hauler who violates the any provisions of this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be subject to a fine of at least Twenty-Five Dollars ($25) and not more than Five Hundred Dollars ($500) and the costs of prosecution.

A separate offense shall be deemed committed for each violation and for each day a violation continues.

Section 14 – Severability

In the event that any section, paragraph, sentence, phrase, word, or part of this Ordinance shall be held invalid, such holding shall not affect the balance of the provisions herein.

Section 15

All existing licenses issued under this Ordinance that will be covered under the terms of the Designated Waste Hauler Contract, will not be renewed and will expire upon expiration of the current license or upon service being assumed by the Designated Waste Hauler, whichever comes first.

Section 16 – Effective Date

The foregoing sections of Tthis Ordinance shall be published in a newspaper of general circulation within the Township of Orion, and shall become effective upon such publication.

Copies of the proposed Ordinance are on file in the office of the Township Clerk, 2525 Joslyn Road, Lake Orion, Michigan, 48360, and may be examined during normal business hours, 8:30 a.m. to 4:30 p.m., Monday through Friday. Written comments may be submitted before the meeting to Penny S. Shults, Clerk, at the address listed above.

Penny S. Shults, Clerk

Charter Township of Orion

Publish: 09.04.19

 

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