Chesterfield Charter Township, MI
Macomb County
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Table of Contents
Table of Contents
[Ord. No. 128,[1] § 1, 4-18-2005]
Articles II and III of this chapter shall be known and cited as the "Chesterfield Township Garbage Collection and Disposal Ordinance."
[1]
Editor's Note: This ordinance also superseded former Ch. 54, Solid Waste, adopted effective 10-27-1978 by Ord. No. 65, as amended effective 10-11-1991 by Ord. No. 65-1; and amended effective 3-1-1995 by Ord. No. 65-2.
[Ord. No. 128, § 2, 4-18-2005]
The township board has determined that a single hauler waste collection and disposal program for sites of single-family generation would protect the public health and be in the best interest of the township. In order to facilitate the single hauler waste collection and disposal program, the township shall select such waste hauler on a sealed competitive bid basis and award the selected waste hauler the exclusive designation of "Charter Township of Chesterfield Waste Hauler" for the single hauler waste collection and disposal program. The waste hauler shall have the demonstrated ability and capacity to provide a high level of quality service to single-family general sites within the township.
[Ord. No. 128, § 3, 4-18-2005]
Articles II and III of this chapter are adopted in accordance with and pursuant to Act 116, Public Acts of 1923, as amended; Act 179, Public Acts of 1947, as amended; Act 188 of Public Acts of 1954, as amended and Act 92 of Public Acts of 1955, as amended.
[Ord. No. 128, § 4, 4-18-2005]
For the purpose of construction and application of articles II and III of this chapter, the following definitions shall apply:
BRUSH
Shall mean tree trimmings and shrubbery trimmings not exceeding one inch in diameter.
COMMERCIAL REFUSE
Shall mean the rejected, unwanted, discarded or abandoned material generated by commercial establishments and uses such as office buildings, personal service establishments, technical and scientific research facilities, professional service offices, clinics, churches and the waste from industrial and institutional establishments.
CONSTRUCTION DEBRIS
Shall mean all unwanted, rejected, discarded or abandoned materials resulting from the alteration, repair, demolition or construction of buildings or structures.
GARBAGE
Shall mean 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, fish, fowl, fruit, or vegetable.
HAZARDOUS AND FLAMMABLE MATERIALS
Shall mean those materials which are explosive or which would be hazardous to the health, safety and welfare of any haulers or workers or to those employees in the operation of an incinerator plant for the disposal of refuse. These materials would, by way of illustration, but not by limitation, include and be similar to the following: gasoline, fuel oil, kerosene and other petroleum products as well as chemical products, including a large volume of pressurized containers, that would be dangerous to the operation of an incineration process and industrial products that would be hazardous or dangerous to the operation of an incineration process.
HAZARDOUS WASTE
Shall mean waste or a combination of waste and other discarded material including solid, liquid, semi-solid or contained gaseous material which because of its quality, concentration, or physical, chemical, or infectious characteristics may cause or significantly contribute to an increase in mortality or increase in serious or irreversible illness or serious incapacitating, but reversible illness, or pose a substantial present or potential hazard to human health or the environment if improperly treated, stored, transported, disposed of, or otherwise managed.
Waste from an institution such as hospital or an institution of a like nature, and waste from pharmaceutical establishments and doctors' offices that do not fall into the classification of garbage, food products, paper and trash, shall be considered hazardous waste.
OWNER/OCCUPANT
Shall mean, unless the township is notified in writing to the contrary, the person whose name appears on the most recent tax assessment roll of the township.
PERSON
Shall mean any individual, firm, owner, occupant, tenant, corporation, partnership, limited liability company, association or joint venture responsible for the premises.
RECYCLABLES
Shall mean a specific garbage, rubbish or solid waste that is required to be picked up separately for the purpose of recycling. These items shall include, but not be limited to, newspapers, glass containers, metal cans, Type 1 and Type 2 plastics, and household batteries.
REFUSE
Shall mean garbage, rubbish, recyclables, solid waste, yard waste, and brush. Refuse shall not include construction debris, hazardous waste or hazardous and flammable materials.
RESIDENTIAL DWELLING UNIT
Shall mean all structures, buildings, premises and/or realty utilized for residential purposes including, but not limited to, single family homes, site condominiums, condominiums, town houses, apartments, duplexes and group homes. The term "residential dwelling unit" shall only include those structures, buildings and premises that dispose of refuse through the use of curbside service and shall not include refuse disposal which utilizes dumpsters or other non-curbside containers.
RUBBISH
Shall mean waste paper, household plastic, empty tin cans and glass containers, if cleaned of contents, wood or wood products of under three-inch diameter and three feet in length, paper products, books, magazines, glass, crockery, stone, concrete, and similar materials.
SOLID WASTE
Shall mean putrescible and nonputrescible solid wastes, except body wastes and includes garbage, rubbish, ashes, incinerator ash, incinerator residue, street cleanings, and municipal sludges, but does not include ferrous or non-ferrous scrap directed to a scrap metal processor or to a reuse of ferrous or non-ferrous products.
SPECIAL COLLECTION
Shall mean any collection of refuse at a time other than the regularly scheduled once per week collection, or of a volume or quantity of refuse exceeding the limitations of this chapter whether requested by an owner or occupant or done by the township to eliminate a violation of township ordinances.
SUPERVISOR
Shall mean the Supervisor of the Charter Township of Chesterfield or his/her duly appointed agent or representative.
TOWNSHIP
Shall mean the Charter Township of Chesterfield.
YARD WASTE
Shall mean materials resulting from landscaping for collection for composting. Residential grass clippings, leaves, weeds, twigs, pruning, shrub clippings, garden waste, old potting soil and dirt incidental to minor yard work.
[Ord. No. 128, § 5, 4-18-2005; Ord. No. 128-02, § 1.1, 11-3-2008]
(a) 
It shall be unlawful for any person, or the owner, occupant, tenant or lessee of, any residential dwelling unit within the township to dispose of, store, collect, haul or transport refuse or other materials in contravention to this chapter except as provided in this chapter.
(b) 
An owner, occupant, tenant or lessee of a residential dwelling unit who has contracted with a waste hauler for the disposal of refuse prior to the date of the ordinance from which this chapter derives must comply with this chapter within six months from its effective date. It is the intent of this provision to afford owners, occupants, tenants, and lessees of residential dwelling units a reasonable time period within which to satisfy any prior contractual obligations in order to comply with the terms of this chapter.
(c) 
It shall be unlawful for any person, or the owner, occupant, tenant or lessee of any residential dwelling unit within the township to dispose of or attempt to dispose of refuse in a receptacle in contravention to this chapter.
(d) 
It shall be unlawful to mix refuse in any container with construction debris, commercial refuse, hazardous waste, non-burnable materials or with hazardous and flammable materials.
[Ord. No. 128, § 6, 4-18-2005]
Every owner/occupant of a residential dwelling unit within the township shall prepare refuse for collection either by the township or by the authorized waste hauler of the township as follows:
(1) 
Approved containers. Containers for refuse shall be galvanized metal or hard plastic type of garbage container not exceeding 30 gallons in capacity, or shall be plastic bags not less than one Mill in thickness. All such containers shall be tightly secured by a watertight top and plastic bag containers shall be securely tied, in such manner as to prevent the contents from being spilled, blown, strewn, or damaged by the forces of nature, animals, insects or persons. Township assumes no responsibility for damage to any containers.
(2) 
Recyclables. All recyclables shall be placed for collection in a township approved 18- or six-gallon plastic container clearly marked for recyclables only.
(3) 
Bulk rubbish. All bulk rubbish accumulated on any premises, such as cardboard containers, wooden crates and similar rubbish, shall be flatted and tied in bundles or packed in a suitable container and in no case shall any such bundle be larger than two feet by three feet, nor weigh more than 60 pounds. Large non-combustible and bulk rubbish shall be separated and shall be in no case intermingled with refuse or placed in refuse receptacles.
(4) 
Brush. All brush shall be cut into three-foot lengths and tied into bundles weighing not more than 60 pounds.
(5) 
Proper containment required. Improperly contained garbage, rubbish, solid waste, yard waste, and/or recyclables or other refuse will be left and not removed by the waste hauler.
(6) 
Placement of containers. It shall be the duty of the owner/occupant of a residential dwelling unit to have the refuse which has accumulated normal to the incidental use of such premises, placed in an approved container once each week according to the day of the week scheduled for their garbage collection at a location which is near the public or private road right-of-way and no such container shall be placed upon any sidewalk. If the refuse containers are not accessible, the owner/occupant will be responsible for proper disposal of the refuse. Any owner/occupant who has a larger quantity of refuse than the normal or average amount for the same type of premises, may make special arrangements with the authorized waste hauler. It shall be unlawful for any person to place or authorize the placement of containers along the road right-of-way for collection prior to 4:00 p.m. of the day preceding the day established for collection, or fail to remove the containers prior to 10:00 p.m. on the day of collection.
(7) 
Storage of containers. During the week while refuse is being stored and accumulated for ultimate disposal, all refuse must be stored inside of a building and in a container equal to the quality of the container and standards specified herein, for deposit to be picked up by the authorized waste hauler. Refuse may be stored outside of the building or structure while refuse is being accumulated for pick-up if the refuse is in a watertight container and is without holes, cracks or other conditions which would allow insects to penetrate the container, and such container must be placed in a manner that it would be free of rodents, clean and neat and erected in such a manner as not to allow the container to blow over and dump the refuse inside or in such a manner as to be a nuisance or hazard to the health, safety or welfare of the residents of the neighborhood.
[Ord. No. 128, § 7, 4-18-2005]
It shall be the duty of the owner/occupant of a residential dwelling unit to maintain the site clean and free of excess debris during construction and to remove from the premises within a reasonable time after the completion of such construction work, all surplus construction material and all refuse building material. Such materials shall not be placed for the normal weekly collection.
[Ord. No. 128, § 8, 4-18-2005]
Hazardous waste shall not be collected by the authorized waste hauler on the normal, regular weekly pick-up. Lawful and proper disposal of hazardous waste shall be the responsibility of the owner/occupant of the residential dwelling unit.
[Ord. No. 128, § 9, 4-18-2005]
Every residential dwelling unit within the township shall have its refuse collected according to the district in which they are located and in accordance with collection schedule established by the township board. Such schedule may be modified by resolution of the township board. In event the township or the authorized waste hauler has a legal holiday within any calendar week, the refuse will be collected the following day excluding holidays and Sundays, unless published to the contrary.
[Ord. No. 128, § 11, 4-18-2005; Ord. No. 128-01, § 1, 10-15-2007; Ord. No. 128-02, § 1.2, 11-3-2008]
The owner/occupant of a residential dwelling unit shall be charged at a rate per month for refuse collection and disposal as established by resolution of the township board from time to time.
(1) 
Rates. The authorized waste hauler shall charge fees for collection and disposal of refuse placed for collection as established and set forth in the contract between the waste hauler and the township. Rates for collection and disposal of refuse shall be set forth in a resolution adopted by the township board of trustees and published in a newspaper of general circulation throughout the township.
(2) 
Billing. The authorized waste hauler shall send a quarterly invoice, in advance to each residential dwelling unit for which services are provided in the township. Such invoice shall represent charges for services to be rendered in the following quarter. Unless otherwise specified by the township, the invoice shall be delivered by regular mail at least two weeks prior to the beginning of the quarter for which charges are imposed. The due date for payment shall be the last day of month prior to the beginning of the quarter for which the charges are imposed. If the last day falls on a Saturday, Sunday or legal holiday, the due date shall be the next business day.
(3) 
Delinquent accounts.
a. 
If the owner, occupant, tenant or lessee of a residential dwelling unit within the township does not remit payment within 45 days after the due date, it shall be considered delinquent and a penalty of an additional 5% charge shall be added to the amount due.
b. 
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 and the tax assessing officer of the township to be entered upon the next 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.
c. 
It shall be the duty of any owner, occupant, tenant or lessee of a residential dwelling unit to notify the waste hauler in writing in the event the dwelling unit will be vacated for a period of at least 30 days and not to exceed 90 days. No charge shall be levied on any owner, occupant, tenant or lessee who provides the waste hauler with timely notice pursuant to this section. An owner, occupant, tenant or lessee of a residential dwelling unit shall be entitled to the vacancy exception provided herein once per calendar year.
d. 
It shall be the duty of any owner, occupant, tenant or lessee that occupies a residential dwelling unit within the township to contact the waste hauler immediately upon occupancy in order that the new name of the person to be billed will immediately be registered so as to avoid delays in collection.
e. 
An owner, occupant, tenant or lessee of a residential dwelling unit who has obtained a valid building permit from the township but has not yet obtained a certificate of occupancy shall be exempt from the provisions of section 54-35. Upon obtaining a valid certificate of occupancy from the township, the owner, occupant, tenant, or lessee of the residential dwelling unit shall immediately notify the waste hauler of the occupancy date and shall thereafter comply with all of the terms and conditions of this chapter.
(4) 
Payment of charges. Payment for the charges contained in this chapter shall be made to the authorized waste hauler, unless the billing card or invoice sent for such service shall designate otherwise.