[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:
The various elevations of the surface of the land as it actually
exists upon the site.
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.
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.
Any individual or combinations thereof, including partnerships,
corporations, associations or firms.
A solid, liquid, or gas material which emits ionizing radiation
spontaneously.
"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.
(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.
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.
