Ordinance No. 1-2-90: Ordinance for Operation of a Waste Management Project
An ordinance to regulate the waste collection, transportation and disposal of discarded waste materials generated by single family units and residential duplex units, establish a waste management project for the collection and disposal of garbage/refuse and to authorize the charging of fees for the services. The ordinance is acted pursuant to Act 345 of the Public Acts of 1978, as amended.
The objectives of the ordinance are:
1. To prevent the discard of garbage and refuse within the Township except by proved waste disposal means and methods.
2. To provide for a cost effective means and method of disposing of garbage and use
3. To encourage the citizens of the Township to recycle salvageable households refuse and discarded household items.
Section 2: Definitions
* Debris means any waste from trees and structures, or concrete, lumber, bricks stumps, rocks, vehicle parts, machinery, appliances, furniture and tires
* Garbage means all waste from food used or intended for food for human consumption.
* Hazardous Wastes includes, but is not limited to, hot ashes, coal, oil, gasoline poisons, solvents, lacquers, paint, automobile batteries, batteries, defoliants, infectious medical wastes, explosive materials and any material defined as hazardous under Public Act 64 of 1979.
* Person means an individual, firm, partnership, association, corporation, unincorporated joint venture existing under the laws of the State of Michigan or any other state.
* Prunings means wood wastes such as tree or shrub trunks, roots and branches.
* Refuse means general household waste materials not associated with food preparation including cam, bottles, papers and miscellaneous discarded household
* Residential Unit means a single family dwelling or duplex.
* Township means the Township of Genoa, a general law Township located in Livingston County, State of Michigan.
* Yard Wastes means grass clippings, sod, leaves, weeds, and garden and hedge trimmings.
Section 3: Municipal-Wide Residential Refuse Collection Service Established
The Township shall collect and dispose of all garbage and refuse from residential its which collection and disposal service may be made under the provisions of a, contract with a duly licensed garbage and refuse handler.
Section 4: Scope of Service Exceptions
Garbage and refuse collection and disposal service shall be provided by the Township only to owners and occupants of single family residential units and residential duplexes located in the Township.
Section 5: Acceptable Materials for Collection
Garbage and refuse as herein defined shall be collected and disposed of by the Township. The Township shall not collect and dispose of yard wastes, pruning, debris and hazardous wastes and animal or human excretion.
Section 6: Unlawful Disposal of Waste
It shall be unlawful for any person to attempt to or to dispose of garbage and refuse within the Township, other than *as permitted by the terms 61 this ordinance.
Section 7: Waste Collection by Franchise
All garbage and refuse shall be collected from single family residential dwellings and residential duplexes within the Township by a licensee authorized by the Township to do business in Genoa Township unless such waste is otherwise properly transported and deposited at a State of Michigan authorized and duly licensed waste disposal site.
Section 8: Waste Collection Schedule
The Township shall provide for a systematic waste collection and disposal system, which shall provide for the collection of garbage and refuse from suitable roadside locations at least once each week.
Section 9: Disposal of Garbage and Refuse
All garbage and refuse collected by the Township shall be properly disposed of at sanitary landfill approved for such purposes by the State of Michigan pursuant to the lid Waste Management Act.
Section 10: Rates, Charges and Cost Recovery Fees
* a. The rates, including late fees, to be charged for garbage and refuse collection and disposal service shall be established periodically by resolution of the Township Board which charges may be enacted apart from the published ordinance and such rates shall be in such an amount as the Township Board shall deem necessary to en re sufficient revenues to pay all or such part of the garbage and refuse collection and disposal costs as shall be deemed necessary by the Township Board. A fee shall charged for such services and the charges shall be made against each lot, parcel of d or premises to which garbage and refuse collection services are supplied by the Township and the fee shall be paid to the Township by the owners thereof.
* b. The rates charged for waste collection services to the single family residential premises shall be a uniform rate.
* c. The rates charged for waste collection services to a residential duplex shall be twice the sum charged to a single-family residential premise.
* d. No free service shall be allowed for any user of the waste disposal and collection system.
* e. The Township may charge a late fee to owners of real estate for failure of an owner to make timely payment of the charges for garbage and refuse collection.
* f. Termination of Service -for Non-payment
If payment for waste collection and disposal service is not made within ninety (90) days of the due date specified on the bill, a notice shall be sent by first class mail that service may be discontinued. The Township may discontinue garbage and refuse collection service from the premises against which the lion created by this ordinance has accrued if a person fails to pay the charges or the Township may institute a civil action for the collection of the same against the owners of the premises. The Township's attempt to collect these charges by civil process shall not invalidate or waive the lien upon the premises.
* g. Lien of Municipality
The Township shall have, as security for payment of waste collection and disposal service charges, for charges to any customer, a lien upon the real estate to which the waste collection and disposal service was supplied. The lien shall become effective immediately upon billing for the service to the real estate. The lien may be enforced by the general laws of the state providing for the enforcement of tax liens. The lien created by this ordinance shall have priority overall other liens except taxes or special assessments and shall have equal priority with other liens imposed for Township supplied municipal services.
Section 11: Accumulation of Garbage and Refuse
The owner or occupant of a residential unit shall not permit the accumulation of garbage and refuse upon any premises under his control for a period of more than fourteen (14) days,
Section 12: Collection Service
The Township shall collect once every week from each residence, the garbage and refuse generated by the owner or occupant but the Township shall collect each week no more than ninety (90) gallons of garbage and refuse which garbage and refuse shall be placed at roadside in no more than four (4) thirty gallon plastic garbage bags or equivalent volume in plastic garbage bags, or in three (3) thirty gallon garbage cans, or in a ninety (90) gallon garbage and refuse container approved for use by the Township.
Section 13: Utilization of Weekly Municipality-Wide Garbage and Refuse Collection Service Conditions
The owner or occupant of a residential unit intending to use the garbage and refuse, collection service shall place accumulated garbage and refuse in plastic garbage bags or approved garbage and refuse containers which shall be tightly sealed. The garbage bags and the garbage and refuse containers shall be placed by the owner or occupant of the residential unit or at roadside in front of the unit no more than one (1) day prior to the scheduled collection date and no later than 7:00 a.m. on the day of collection. The garbage bags and containers intended for collection shall not be broken. A garbage bag shall weigh no more than thirty (30) pounds when filled. A 30 gallon garbage container shall weigh no more than sixty (60) pounds when filled. An approved 90-gallon garbage and refuse container shall weigh no more than 100 pounds when filled. The user of this service shall not place or cause to be placed at roadside for Township, collection and disposal, any unacceptable materials for collection in a garbage and refuse bag or a container used for collection of garbage and refuse.
Section 14: Scattered or Unacceptable Refuse Responsibility
The owner or occupant of a residential unit shall dean up and remove from the roadside and premises any scattered garbage and refuse resulting from the breakage or opening of any garbage bag, or other container used for garbage and refuse collection disposal within twenty-four (24) hours after the same has-been scattered. Any garbage bag or container contents not accepted for collection shall be removed from the roadside within twenty-four (24) hours of the regularly scheduled collection day.
Section 15: Schedule of Collections
The schedule of routes and days for the weekly garbage and refuse collection service created by this ordinance shall be determined by the Township.
Section 16: Holidays
Garbage and refuse collections shall not be made on the following holidays: the first of January (New Year's Day); the last Monday in May (Memorial Day or Decoration Day); the fourth of July (independence Day); the first Monday in September (Labor Day); the fourth Thursday of November (Thanksgiving Day); and twenty-fifth day of December (Christmas Day). Whenever collections are interrupted because of one of the foregoing holidays, the collection of refuse from residential units shall be postponed one day. All regularly scheduled Friday collections interrupted by one of the, foregoing holidays shall be made on Saturday of the same week.
Section 17: Penalty
Any person who violates any of the applicable provisions of this chapter shall, upon conviction, be guilty of a misdemeanor punishable by a fine of $500.00 or ninety (90) days in jail, or both.
Section 18: Severability
The phrases, clauses, sentences, paragraphs, and section of this ordinance are several, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid by the judgment or decree of any court of competent jurisdiction, such invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this ordinance.
Section 19: Effective Date
This ordinance shall be effective thirty (30) days after publication of said ordinance as provided by law.
Robert R. Murray
Genoa Township Supervisor
Paulette A. Skolarus
Genoa Township Clerk
I, Paulette A. Skolarus, Genoa Township Clerk, do hereby certify that the foregoing is a true, correct, and complete copy of the Genoa Township Ordinance for Operation of a Waste Management Project adopted by the Genoa Township Board at a regular meeting of the board, held on the 2nd day of January, 1990, and further that public notice of the said meeting was given according to the requirements of the law, as made and provided.
(1-10-90 BA, LCP)
Paulette A. Skolarus,
Genoa Township Clerk