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Ordinance

CITY OF AUBURN HILLS

COUNTY OF OAKLAND

STATE OF MICHIGAN

ORDINANCE NO. 11-838 

AN ORDINANCE TO ADD A NEW DIVISION 6, SOLID WASTE COLLECTION, RECYCLING AND DISPOSAL BY SINGLE WASTE HAULER FOR CERTAIN RESIDENTIAL PROPERTIES IN THE CITY TO ARTICLE II, GARBAGE AND REFUSE OF CHAPTER 54, SOLID WASTE, OF THE AUBURN HILLS CITY CODE, AS AMENDED, AND TO ALSO AMEND OTHER SECTIONS OF ARTICLE II TO PROVIDE FOR THE COLLECTION AND DISPOSAL OF SOLID WASTE BY A SINGLE WASTE HAULER CERTAIN FOR RESIDENTIAL PROPERTIES LOCATED IN THE CITY OF AUBURN HILLS.

THE CITY OFAUBURNHILLS ORDAINS:

Section 1

Article II, Garbage and Refuse, of Chapter 54, Solid Waste, of the Auburn Hills City Code is hereby amended to add a new Division 6, Solid Waste Collection, Recycling and Disposal by a Single Waste Hauler for Certain Residential Properties in the City, to read as follows:

 

Division 6.      SOLID WASTE Collection, Recycling and Disposal BY A SINGLE WASTE HAULER FOR CERTAIN RESIDENTIAL PROPERTIES IN the CITY.

 

Sec. 54-106. - Intent and purpose.

(a)        Part 115 of Public Act No. 451 of 1994 (MCL 324.11501 et seq.) provides that a municipality shall assure that all solid waste is removed from sites of generation frequently enough to protect the public health, and delivered to solid waste disposal areas authorized to operate pursuant to such act.  The City Council has determined that the collection of solid waste from certain residential properties would most appropriately be undertaken at this time by the City, acting by and through contract with the private sector.  Because solid waste collection directly affects the public health, safety and general welfare, the City shall contract with a single waste hauler contractor in order to facilitate City governance and control of the solid waste program for certain residential properties.  In addition, the City Council has determined that it would be in the public interest if the private contractor were selected on a bid basis, requiring demonstration of the contractor's capability and strength to provide a high level of service to residential premises sites of generation within the City, and to promote and protect the public health, safety and welfare.

(b)        The City Council has further determined that its solid waste program should include recycling and composting, consistent with the county solid waste plan.

(c)        For purposes of establishing and carrying out a program of solid waste collection, recycling and disposal, the City Council has adopted this division to provide standards and specifications for services to be provided, provide for administration of the program and operational specifications, and provide penalties for failure to comply with the provisions of this division.

 

Sec. 54-107.    Definitions.

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

City means the City of Auburn Hills.

City Council means the Auburn Hills City Council.

Construction and demolition debris means nonhazardous wastes generated from construction and demolition activities, including but not limited to concrete, asphalt, wood, metal and plaster.

Hazardous waste means any material or substance which by reason of its composition or characteristics is:

            (1)        Hazardous waste as defined in the Solid Waste Disposal Act, 42 USC 6907 et seq., as amended, replaced or superseded, and the regulations implementing the same;

            (2)        Material the disposal of which is regulated by the Toxic Substance Control Act, 15 USC 2601 et seq., as amended, replaced or superseded, and the regulations implementing the same;

            (3)        Special nuclear or byproduct materials within the meaning of the Atomic Energy Act of 1954, 42 USC 2011 et seq.; or,

            (4)        Hazardous waste as defined in part III of Public Act No. 451 of 1994 (MCL 324.11101 et seq.), and as identified in administrative rules and regulations adopted by published resolution of the City Council from time to time and/or by regulations adopted by the state department of environmental quality.

Household hazardous waste shall mean any household waste material customarily generated by a single-family home that may be described as ignitable, reactive, corrosive or toxic, or other such materials as defined by the Hazardous Waste Management Act (Act 64 of 1979 [MCL 229.501 et seq.], as amended), including both wet and dry cell batteries.

Person means any individual, firm, public or private corporation, partnership, trust, public or private agency or any other entity, or any group of such persons.

Residential Premises means, except as otherwise provided herein, any area used for residential purposes, separately or in combination to which a separate street address, postal address or box, tax roll description, or other similar identification has been assigned or is in use by a person having control of the area.  Residential premises includes, but is not limited to, single family residences, residential duplexes, certain residential condominium units as designated by the City Manager.  Residential premises shall not include apartment complexes, mobile homes and those residential condominium units not designated by the City Manager.

Recyclable materials means the following commingled and/or presorted materials that are separated from solid waste prior to the collection of solid waste from a residential premises site of generation: high grade paper, glass, metal, plastic, aluminum, newspaper, corrugated paper and yard clippings and yard waste.  Recyclable materials shall not include hazardous waste.  More detailed specification of the items deemed to be recyclable materials shall be provided from time to time by duly published resolution of the City Council.

Single-family residence means a separate residential structure.

Site of generation means any residential premises in the municipality in or on which solid waste or recyclable materials is generated by any person.

Solid waste means garbage, trash, refuse, rubbish, ashes and animal waste generated at residential premises.  Solid waste shall include animal and vegetable waste resulting from the handling, preparation, cooking and consumption of foods and all other organic matter subject to rapid decomposition, as well as paper, cartons, boxes, crockery, and ordinary wastes from residential premises.  Solid waste shall also include bulk items, Christmas trees, rubbish, and small quantities of construction and demolition debris as defined herein.  Tree, plant and/or vegetation trimmings and/or branches, greater than two inches in diameter and not exceeding six inches in diameter, no longer than four feet in length, bundled and tied, with each bundle not exceeding 50 pounds in weight will also be collected as solid waste.  Solid waste does not include the following:

            (1)        Human body waste.

            (2)       Medical waste as it is defined in part 138 of the public health code, Public Act No. 368 of 1978 (MCL 333.13801 et seq.), and regulated under that part and part 55 (MCL 333.5501 et seq.).

            (3)       Organic waste generated in the production of livestock and poultry.

            (4)       Liquid waste.

            (5)       Ferrous or nonferrous scrap directed to a scrap metal processor or to a reuser of ferrous or nonferrous products.

            (6)       Slag or slag products directed to a slag processor or to a reuser of slag or slag products.

            (7)       Sludges and ashes managed as recycled, or nondetrimental materials appropriate for agricultural or silvicultural use.  Food processing residuals; wood ashes resulting solely from a source that burns only wood that is untreated and inert; lime from Kraft pulping processes generated prior to bleaching; or aquatic plants may be applied on, or composted and applied on, farmland or forestland for an agricultural or silvicultural purpose, or used as animal feed, as appropriate, and such an application or use does not require a plan described in this subsection or a permit or license under this part.  In addition, source separated materials approved by the department for land application for agricultural and silvicultural purposes and compost produced from those materials may be applied to the land for agricultural and silvicultural purposes and such an application does not require a plan described in this subsection or permit or license under this part.  Land application authorized under this subsection for an agricultural or silvicultural purpose, or use as animal feed, as provided for in this subsection shall occur in a manner that prevents losses from runoff and leaching, and if applied to land, the land application shall be at an agronomic rate consistent with generally accepted agricultural and management practices under the Michigan Right to Farm Act, Public Act No. 93 of 1981 (MCL 286.471 et seq.).

            (8)       Materials approved for emergency disposal by the state department of environmental quality.

            (9)       Source separated materials.

            (10)     Site separated material.

            (11)     Fly ash or any other ash produced from the combustion of coal, when used in the following instances:

                        a.          With a maximum of six percent of unburned carbon as a component of concrete, grout, mortar, or casting molds.

                        b.         With a maximum of 12 percent unburned carbon passing MDOT test method MTM 101 when used as a raw material in asphalt for road construction.

                        c.          As aggregate, road, or building material which in ultimate use will be stabilized or bonded by cement, limes, or asphalt.

                        d.         As a road base or construction fill that is covered with asphalt, concrete, or other material approved by the state department of environmental quality and which is placed at least four feet above the seasonal groundwater table.

                        e.          As the sole material in a depository designed to reclaim, develop, or otherwise enhance land, subject to the approval of the state department of environmental quality.  In evaluating the site, the department shall consider the physical and chemical properties of the ash including leachability, and the engineering of the depository, including, but not limited to, the compaction, control of surface water and groundwater that may threaten to infiltrate the site, and evidence that the depository is designed to prevent water percolation through the material.

            (12)      Hazardous waste.

            (13)      Motor vehicle parts and motor vehicle batteries.

            (14)      Whole tires.

            (15)      Other wastes regulated by statute.

Solid waste management plan means the Oakland County Solid Waste Management Plan approved by the county board of commissioners, by two-thirds of the cities, villages and townships in the county and by the director of the state department of environmental quality, pursuant to the requirements and provisions of state law, and any updates thereof and any amendments thereto.

Waste hauler means any person other than the City, awarded a contract by the City for, and engaged in the business of, collecting and transporting, delivering and disposing of solid waste and recyclable materials generated from residential premises within the City.

Yard clippings and yard waste means leaves, grass clippings, vegetable or other garden debris, shrubbery, or brush or tree, plant and/or vegetation trimmings, less than four feet in length and two inches in diameter, that can be converted to compost humus.  Yard clippings do not include stumps, agricultural wastes, animal waste, roots, sewage sludge, or garbage.

 

Sec. 54-108.    Generators of solid waste and recyclable materials.

All solid waste and recyclable materials from any residential premises site of generation intended for collection and/or disposal shall be stored and placed for pickup and collection at the times and in the manner provided in rules and regulations adopted by duly published resolution of the City Council.

 

Sec. 54-109.    Recyclables.

            (a)       Commencing on January 1, 2012, all persons who are owners, lessees or occupants of any residential premises site of generation in the City are encouraged to separate recyclable materials from solid waste and prepare the recyclable materials for pickup, collection and delivery in the manner provided by the rules and regulations adopted by the City by duly published resolution.

            (b)       Yard wastes shall either be disposed of at the residential premises site of generation in a manner which will not create a nuisance and/or be injurious to the public health, or yard wastes shall be placed at the curbside or other designated location for pickup, collection and delivery by the waste hauler in the manner provided by rules and regulations adopted by duly published resolution.  This provision shall not prohibit a person engaged in the business of providing landscaping services from removing yard wastes from a residential premises site of generation, provided, however, such a person shall be obligated to dispose of such yard wastes by composting, direct delivery to the waste hauler and/or delivery to a premises outside of the City in a lawful manner. 

            (c)       Any recyclable materials authorized for collection by or at the direction of the City in accordance with the terms of this division shall become the property of the waste hauler at the time the material is placed at the curbside or other designated location.  It shall be a violation of this division for any person not authorized by the City to collect or pickup or cause to be collected or picked up any such recyclable materials.

 

Sec. 54-110.    Collection and disposal of solid waste and recyclable materials.

No person shall dispose of any solid waste or recyclable materials generated from residential premises within the City other than by means of the designated waste hauler awarded a contract by the City for such purpose.

 

Sec. 54-111.    Solid waste and recyclable materials to be delivered to waste hauler.

Commencing on January 1, 2012, all solid waste and recyclable materials, including yard wastes (subject to the exclusions noted above), generated from residential premises within the City shall be collected and delivered to the designated waste hauler.  If a contract with a company other than the designated waste hauler or a waste hauler that submitted a bid to the City seeking to become the City’s designated waste hauler was in existence on or before September 29, 2010, for the collection and disposal of solid waste and recyclable materials from a residential premises site of generation, delivery of solid waste and recyclable materials from such site of generation to the company specified in such contract may be continued for the current term of the contract with no renewals or extensions, provided, however, such contract shall be subject to verification by the City and/or its designee.  

 

Sec. 54-112.    City shall publish established rules and regulations.

The City shall, by resolution adopted by the City Council and duly published, establish rules and regulations governing procedures for collection.  Such procedures shall include the pickup schedule, items which are deemed to be recyclable materials, and the manner, location and containers for storage and collection.  Such rules and regulations shall be consistent with this article and consistent with the contract entered into between the City and the waste hauler.  A failure to comply with such rules and regulations shall be a violation of this division.

 


Sec. 54-113.    Waste hauler to pay all disposal fees.

The waste hauler shall deliver solid waste to a facility authorized to operate pursuant to state law for disposal, and the waste hauler shall pay all disposal fees established for the particular licensed facility for any delivery of solid waste or recyclable materials to such facility.  The obligation of the waste hauler to pay the disposal fee pursuant to this division shall be absolute and unconditional.

 

Sec. 54-114.    No individual shall engage in the business of waste hauling without a contract with the City.

No person and/or entity shall engage in the business of collecting, transporting, delivering, or disposing of solid waste or recyclable materials generated from residential premises within the City without first being authorized to do so by contract with the City as provided in this division and in addition, said person and/or entity shall obtain and pay for all required licenses and permits..

 

Sec. 54-115.    Waste hauler to comply with solid waste management plan.

The waste hauler shall comply with the solid waste management plan, the Auburn Hills Code of Ordinances and all applicable federal, state and county laws, statutes, rules and regulations in the collection, transportation and delivery of solid waste and recyclable materials.

 

Sec. 54-116.    Hazardous waste not to be placed at curbside.

A person shall not knowingly place hazardous waste at curbside or other designated location for collection, and a waste hauler shall not knowingly collect hazardous waste or deliver hazardous waste to a processing or disposal site.

 

Sec. 54-117.    Rates for solid waste collection, recycling and disposal services.

Rates for solid waste collection, recycling and disposal services for residential premises shall be determined and established by the City based upon competitive bids in accordance with this division.

 

Sec. 54-118.    Rate to be adopted by resolution.

Following such bidding, the City Council shall adopt resolutions from time to time specifying the rates. Such resolution shall be published in order to provide notice to the public.

 

Sec. 54-119.    Billing.

            (a)       The waste hauler shall send either an annual billing or quarterly billing, in advance, to each residential premises site of generation for which services are provided in the City, with the choice of being either billed annually or quarterly being decided by the resident being billed, except in those circumstances where neighborhood/subdivision associations elect to be direct billed for those residential premises located in the neighborhood and/or subdivision, in which case the bills shall be sent by the waste hauler directly to the neighborhood/subdivision association, which association will then send bills to each residential premises located therein, with the decision of being billed quarterly or annually being made by the neighborhood/subdivision association.  Such billing shall represent charges for services to be rendered in the following quarter or year.

            (b)       The billing shall be transmitted by regular mail at least 30 days prior to the beginning of the quarter or year for which charges are imposed.

            (c)       The due date for payment shall be the last business day prior to the beginning of the quarter or year for which the charges are imposed.

 

Sec. 54-120.    Nonpayment or late payments.

Such charges shall constitute a lien upon the property which is the site of generation.  If a payment is not made on or before the due date a penalty in the amount of one percent per month shall be added for each month or portion of a month payment has not been made in full.  Moreover, if there is an outstanding balance owing to the waste hauler with respect to any property as of October 1 in any year, such outstanding balance, together with all accrued penalties, shall be placed upon the delinquent tax roll of the City, and shall accrue further interest and penalties, and shall be collected, in the manner made and provided for delinquent real property taxes in the City.  There shall also be an applicable administrative free, not to exceed ten percent of what is owing, added by the City treasurer to process each lien.

 

Sec. 54-121.    Contract for solid waste collection, recycling and disposal.

(a)       The City Manager and/or his/her designee shall develop contract specifications and a public bid procedure for the award of a contract for solid waste collection, recycling and disposal for residential premises in the City.  A waste hauler shall be selected by the City Council to provide for the collection, disposal, resource recovery, recycling and composting of solid waste in the City with respect to all existing and future residential premises in the City in accordance with this section, in accordance with the contract to be awarded, and in accordance with all applicable laws, ordinances, codes and regulations.

(b)       The City Manager and/or his/her designee is authorized to include in bid specifications for the contract to be awarded those requirements and specifications determined by the City Manager and/or his/her designee to be reasonably related to:

            (1)        Promoting and protecting the public health, safety and welfare.

            (2)        Providing appropriate services to residential premises within the City.

            (3)        Promoting the general understanding of and need for resource recovery, recycling and composting.

(c)       The contract to be awarded by the City Council to the waste hauler shall, at a minimum, provide for:

            (1)       The collection of solid waste and recyclables from residential premises.

            (2)       The requirement of a program for recycling and composting.

            (3)       Other miscellaneous services to be specified by the City Manager and/or his/her designee as part of the bid process, which may include dumpster service at municipal buildings and facilities, a drop-off center, and spring cleanup assistance.

            (4)       Insurance and bonding requirements, including, but not limited to, liability insurance, workers' compensation insurance, motor vehicle insurance and a performance bond.

            (5)       The preparation and submission of reports by the waste hauler describing the volume and location of solid waste generated by residential premises in the City, as well as other reports required by the City to determine the efficiency and effectiveness of the solid waste program, including the effectiveness and efficiency of recycling and composting for residential premises in the City.

            (6)       A provision for the rights of the City in the event of a failure to perform on the part of the waste hauler.

            (7)       The rights and obligations of the City for termination of the contract.

            (8)       Operational specifications, including, but not limited to, specifications for collection trucks and equipment, employees, contractor maintenance facility, waste container handling and condition, schedules and routes, addressing citizen complaints, and other matters deemed necessary or appropriate by the City Manager and/or his/her designee

            (9)       Right and authorization of the City to inspect records and operations of the waste hauler.

            (10)     Provision for a multimedia informational program with respect to resource recovery, recycling and composting.

(d)        The contract shall require the waste hauler to comply with applicable laws, ordinances, rules and regulations.

(e)        The contract shall require the waste hauler to secure and maintain in good standing all permits and licenses required by law, ordinance or regulation.

 

Sec. 54-122.    Penalties

(a)        Any person who shall violate the provisions of this division shall be subject to the penalties set forth in Section 54-85 of this Chapter.

 

SECTION 2

Section 54-27, Applicability of Article II, Garbage and Refuse, Chapter 54, Solid Waste, of the Auburn Hills City Code is hereby amended to now read as follows:

 

Sec. 54-27 – Applicability.

The storage, collection, removal, disposal and transporting of refuse, solid waste, recyclables and yard waste in the City are subject to the provisions of this article, except that this article shall not apply to nor regulate disposal areas.

 

SECTION 3

Subsection (c) and subsection (d) of Section 54-41, Requirement established, of Article II, Garbage and Refuse, Chapter 54, Solid Waste, of the Auburn Hills City Code is hereby amended to now read as follows:

(c)        Private individual excluded.  A private individual may transport his own refuse in his own vehicle without being licensed, however, owners, lessees and/or occupants of residential premises, as defined in Section 54-107 of this Chapter, shall only dispose of solid waste and recyclables generated at or on their residential premises in the manner provided for in Division 6 of this Chapter.

(d)       Licensing for services to residents.  The City shall license a sufficient number of refuse transporting units to adequately provide solid waste disposal services to the residents of the City, however, pursuant to Division 6 of this Chapter, a license shall only be issued to one waste hauler to collect and dispose of solid waste and recyclables from residential premises as defined in Section 54-107 of this Chapter.

 

SECTION 4

Section 54-46, Issuance, of Article II, Garbage and Refuse, Chapter 54, Solid Waste, of the Auburn Hills City Code is hereby amended to now read as follows:

 

Sec. 54-46 – Issuance.

Except as otherwise provided in Section 54-41(d) of this Chapter, where an applicant complies with all of the requirements for the issuance of a license under this division, the City Clerk shall assign a unit license number, and issue a license and a license decal.

 

SECTION 5

Section 54-65, Collection, of Article II, Garbage and Refuse, Chapter 54, Solid Waste, of the Auburn Hills City Code is hereby amended to now read as follows:

 


Sec. 54-65 – Collection.

Except as otherwise provided in Division 6 of Article II of this Chapter and the rules and regulations adopted pursuant thereto, domestic and commercial refuse shall only be collected within the City between the hours of 7:00 a.m. and 7:00 p.m., Mondays through Saturdays.

 

SECTION 6

Section 54-65.1, Composting services, of Article II, Garbage and Refuse, Chapter 54, Solid Waste, of the Auburn Hills City Code is hereby amended to now read as follows:

 

Sec. 54-65.1 – Composting services.

Except as otherwise provided in Division 6 of Article II of this Chapter and the rules and regulations adopted pursuant thereto, every person, firm or corporation engaged in the business of collection, removal, disposal and transport of refuse within the City shall make available composting services for the disposal of compostables/yard waste to each property from which they collect and/or remove refuse, with the owner and/or occupant of each property having the option of participating in such composting services.

 

SECTION 7

Section 54-81, Violations declared nuisance, of Article II, Garbage and Refuse, Chapter 54, Solid Waste, of the Auburn Hills City Code is hereby amended to now read as follows:

 

Sec. 54-81 – Violations declared nuisance.

Any storage or disposal of garbage, rubbish, solid waste and/or recyclables in violation of the provisions of division 4 or division 6 of this article is hereby declared to be a nuisance per se.

 

Section 8  Repealer.

All Ordinances or parts of Ordinances in conflict herewith are hereby repealed only to the extent necessary to give this Ordinance full force and effect.

 

Section 9  Severability.

            If any section, clause or provision of this Ordinance shall be declared to be unconstitutional, void, illegal or ineffective by any Court of competent jurisdiction, such section, clause or provision declared to be unconstitutional, void or illegal shall thereby cease to be a part of this Ordinance, but the remainder of this Ordinance shall stand and be in full force and effect.

 

Section 10  Savings.

            All proceedings pending and all rights and liabilities existing, acquired or incurred at the time this Ordinance takes effect are saved and may be consummated according to the law when they were commenced.

 

Section 11  Effective Date.

            The provisions of this Ordinance are hereby ordered to take effect upon publication in the manner prescribed by the Charter of the City of Auburn Hills.

 

Section 12  Adoption.

            This Ordinance is hereby declared to have been adopted by the City Council of the City of Auburn Hills at a meeting thereof duly called and held on the 12th day of September 2011, and ordered to be given publication in the manner prescribed by the Charter of the City of Auburn Hills.

 

AYES: 

NAYES: 

ABSTENTIONS: 

STATE OFMICHIGAN   )

                                           )  ss.

COUNTYOFOAKLAND)

            I, the undersigned, the Acting Clerk of the City of Auburn Hills,Oakland County,Michigan, do hereby certify that the foregoing is a true and complete copy of Ordinance No. _______ adopted by the Auburn Hills City Council on the 12th day of September 2011, the original of which is in my office.

 

                                                                        _________________________________

                                                                        THOMAS TANGHE,ActingCityClerk

 

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