Charter Township of Midland, MI
Midland County
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[HISTORY: Adopted by the Township Board of the Charter Township of Midland as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-10-1983 by Ord. No. 36]
This article shall be known and may be cited as the "Midland Township Waste Disposal Ordinance."
The purpose of this article is to preserve the public health, safety and welfare of the citizens of Midland Township and to protect the land and groundwater by the prevention of disposal or storage of toxic or radioactive materials in the Township and to regulate the disposal of other wastes.
A. 
This article shall be enforced by the Township Supervisor or such other persons authorized by the Township Board of Trustees.
B. 
Nothing in this article shall be construed or interpreted to prohibit the necessary preparation of land by the balancing or filling thereof with earth materials in connection with any immediate lawful use, including, but not necessarily limited to, the development of land for which a building permit has been issued.
As used in this article, the following terms shall have the meanings indicated:
EXISTING GRADE
The various elevations of the surface of the land as it actually exists upon the site.
FINISH GRADE
Those earth elevations established and delineated on the plot plan that will result upon completion of the proposed operation for which the permit is issued.
MEAN GRADE
The arithmetic average of elevations of points on the boundary lines of the property uniformly spaced and not more than 100 feet apart. In no event shall such elevation points be determined below the surface elevation of any boundary waters.
PERSON
Any individual or combinations thereof, including partnerships, corporations, associations or firms.
RADIOACTIVE MATERIALS
A solid, liquid, or gas material which emits ionizing radiation spontaneously.
TOXIC MATERIALS
"Toxic substance" means that quality of a natural or man-made element or compound, metal, or metallic, organic, or inorganic compound which, in an appropriate concentration, alone or in combination, poses a threat of damage to or destruction of the health, safety, or welfare of human, animal, or plant life, or of the environment. This includes a substance that may reasonably be expected to result in human carcinogenesis, teratogenesis, or mutagenesis.
A. 
It shall be unlawful from and after the effective date of this article for any person to deposit any materials upon the land within the Township of Midland without a permit granted by the Midland Board to do so as hereinafter provided.
B. 
Application for permit.
(1) 
Written application shall be made on forms provided therefor by the Township Clerk.
(2) 
Such application shall be accompanied by a plot plan of the proposed site drawn in accordance with the following requirements and showing the information hereinafter required:
(a) 
Drawn to a scale not less than 100 feet to the inch.
(b) 
Showing the location of the land involved and all existing and proposed structures thereon.
(c) 
All existing grade elevations shall be indicated at the intersection of perpendicular parallel lines not more than 100 feet apart and expressed to the nearest tenth of a foot.
(d) 
Location of existing and proposed streets, roadways, parking areas, entrances and exits.
(e) 
Location of all public facilities and services.
(f) 
Finish grading plan, showing proposed elevations upon completion at five-foot intervals.
(g) 
Mean-grade elevations at five-foot intervals.
(h) 
Such additional information as the applicant deems necessary and/or pertinent to the application of the proposed operation.
(3) 
The application shall contain or be accompanied by a written statement of the extent, development, improvement and general purpose of the proposed filling or disposal operations and the program therefor.
(4) 
The application and all plans and supplemental statements of information required therewith shall be filed, in triplicate, with the Township Clerk, together with the fee therefor as shall be established by resolution of the Township Board and which shall be sufficient to cover the expense of hearing, the cost of publication of notices as required herein, and the reasonable expenses incurred by and for inspections.
C. 
Public hearing and standards to be considered.
(1) 
The Township Clerk, upon receipt of the application and fee as hereinbefore provided, shall refer the application to the Planning Commission, which shall cause a notice of a public hearing to be published twice in a newspaper of general circulation in the Township containing the time, date, place and purpose of such hearing. Such notice shall be published once not less than 20 days before and the second not more than eight days before the date of the public hearing.
(2) 
The public hearing shall be held by the Planning Commission at any regular meeting thereof at no additional expense to the applicant, or at any special meeting called therefor when requested by the applicant, which special meeting shall be at the expense of the applicant for the purpose of making recommendations to the Township Board, and it shall consider, in connection therewith:
(a) 
The effect of the proposed fill or waste disposal on the general vicinity where it is to be conducted.
(b) 
The character and use of adjoining lands and structures.
(c) 
The depth of the water table.
(d) 
Availability and adequacy of surface-water drainage facilities.
(e) 
The period of time the operation will continue.
(f) 
Avenues of ingress and egress and the effect of vehicular traffic.
(g) 
The proposed hours of operation.
(h) 
Whether or not perimeter fencing should be required.
(i) 
Such other factors as may be necessary and appropriate for the preservation of public health, safety and welfare.
D. 
Granting and issuance of permit. Upon receipt of the Planning Commission's recommendation, the Township Board shall determine whether the permit shall be granted or denied. If granted, the Township Clerk shall issue the permit upon the posting of a performance bond in an amount determined by the Township Board; provided, however, such permit shall be valid for one year only unless renewed thereafter by the Township Board for like periods in accordance with the provisions of this article.
E. 
Suspension or revocation.
(1) 
Suspension. Any permit may be suspended by the enforcing authority for a period of not more than 21 days whenever:
(a) 
Any provision of this article is being violated.
(b) 
Any condition of the permit is not being observed.
(c) 
It is necessary to preserve or protect public health, safety or welfare; provided, however, that the enforcing authority shall forthwith report his act of suspension and the reasons therefor to the Township Clerk.
(2) 
Review and revocation. The Township Clerk shall notify the permit holder that the Township Board will review the action of the enforcing authority at its next regular meeting to determine whether the permit shall be reinstated, suspended for a further period of time or permanently revoked.
A. 
All disposal or storage of any toxic or radioactive material is hereby prohibited.
B. 
Requirements for all filling or disposal of waste operations.
(1) 
The hours of operation shall be limited both as to equipment and vehicles and operations allowed only between the hours of 7:00 a.m. and 7:00 p.m. and are prohibited entirely on Sundays and legal holidays.
(2) 
All unpaved roads must be regularly chlorinated to control the generation of dust and to prevent its escape from the premises.
(3) 
All public access roads must be kept free from debris falling off vehicles bringing materials to the site or leaving therefrom.
(4) 
Such filling operations may only be permitted in use districts allowing such activities under Chapter 300, Zoning, and subject to the limitations of Subsection A of this section.
(5) 
The premises must be regularly graded to prevent the collection of standing water.
(6) 
The owners and/or operators must consent to reasonable inspection by duly authorized Township representatives without prior notice.
(7) 
A performance bond must be posted in an amount established by the Township Board.
(8) 
Upon completion of the fill or the disposal of waste, the finished grade shall be composed of and provide a minimum of one foot of earth materials of such quality as to be capable of growing turf, vegetation or crops.
(9) 
Such other reasonable regulatory requirements as may be necessary to preserve public health, safety or welfare as the particular permit may require.
C. 
Earth landfills are subject to all of the requirements of Subsections A and B of this section.
A. 
Any person or other entity who violates any provision of this article is responsible for a municipal civil infraction as defined by Michigan law and subject to a civil fine of not more than $500, plus costs, which may include all direct or indirect expenses to which the Township has been put in connection with the violation. In no case, however, shall costs of less than $9 nor more than $500 be ordered. In addition, all violations of this article are declared a nuisance per se. The Township specifically reserves the right and shall have the authority to proceed in any court of competent jurisdiction for the purpose of obtaining an injunction, restraining order or other appropriate remedy to abate said nuisance and to complete compliance with this article.
[Amended 4-12-1995 by Ord. No. 71]
B. 
Nuisances and the abatement thereof. Any excavations or removal of earthen materials or the disposal or storage of wastes in violation of the provisions of this article are hereby declared to be a nuisance per se and may be abated by an order of a court of competent jurisdiction.
C. 
Injunctive relief. In addition to or in lieu of the penalties and/or remedies provided in Subsections A and B of this section, any continuing violation of the Ordinance may be enjoined by a court of competent jurisdiction.