The following words and phrases, when used in this chapter, shall have the following meanings respectively ascribed to them:

Bulky waste means discarded furniture, appliances, tools and other goods, including tables, sofas, stoves, refrigerators, lawn mowers, and such other items that are commonly known as junk.

Business hours mean 8:00 a.m. to 4:00 p.m., Monday through Friday. Non-business hours mean any time outside of business hours.

Compostable material means leaves, grass clippings, brush, woodchips, tree limbs under two inches in diameter, vegetative pruning, Christmas trees, and other garden or yard waste and other organic material.

Garbage means rejected food wastes and all refuse 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 vegetables.

Recyclable material means high-grade paper, glass, plastic, newspaper, corrugated paper and other materials.

Recycling drop-off center means any lot, parcel, district, region, zone, sector, property, structure or facility located within the city's boundaries, which is unmanned and containing one or more self-contained, fully enclosed containers for the deposit of approved, source separated, recyclable materials by the public.

Recycling processing facility means any lot, parcel, district, region, zone, sector, property structure or facility located within the city's boundaries, designed and used for the collection, sorting, processing and temporary storage of recyclable materials; and the redistribution of processed materials to off-site locations for re-use. As used herein, processing means changing the physical or chemical character by separation, treatment or other means, so as to make it re-useable as a resource.

Recycling transfer facility means any lot, parcel, district, region, zone, sector, property, structure or facility located within the city's boundaries, used for the transfer of recyclable materials from collection vehicles to bulk hauling vehicles. Operations are limited to unloading of collection vehicles and loading bulk-hauling vehicles with collected recyclables for relocation.

Rubbish includes paper, rags, rubber, window glass, ordinary wastes from residences and business establishments and all items not defined in this section.

Solid waste disposal area means any lot, parcel, district, region, zone, sector, property, structure or facility located within the city's boundaries, where bulky waste, garbage, rubbish or compostable material is temporarily stored or dropped off for the purpose of its transfer to a landfill or other area outside of the city boundaries. Operations are limited to unloading of collection vehicles and loading bulk-hauling vehicles with collected garbage, rubbish or compostable material for relocation. A solid waste disposal area does not include a recycling drop-off center, a recycling processing facility, a recycling transfer facility, a yard waste transfer facility or a yard waste composting facility.

Source separated means recyclable materials that are separated at the source of generation.

Yard waste composting facility means any lot, parcel, district, region, zone, sector, property, structure or facility located within the city's boundaries, designed and used for the conversion of compostable material into organic compost (humus) or where compostable material is stored for transfer longer than 24 hours.

Yard waste transfer facility means any lot, parcel, district, region, zone, sector, property structure or facility located within the city's boundaries, used for the transfer of compostables from collection vehicles to bulk-hauling vehicles. Operations are limited to unloading of collection vehicles and loading bulk-hauling vehicles with collected compostable material.

(Ord. No. 2139, § 1, 5-28-19)

Any solid waste disposal area located within the city's boundaries shall be subject to any and all of the following:

(a)

Any and all present and future federal, state and local statutes, ordinances, codes, rules, regulations, permits, guidance documents, policies, and any other requirement of governmental authorities relating to the health, welfare, safety, or environment or to any hazardous substances or materials, including without limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. Sec. 9601 et seq.), as amended from time to time, including without limitation, the Superfund Amendments and Reauthorization Act ("SARA"), as amended from time to time, and its state equivalent, the Resource Conservation and Recovery Act of 1976 (42 U.S.C. Sec. 6901 et seq.), as amended from time to time, and its state equivalent, the Toxic Substances Control Act (15 U.S.C. Sec. 2601 et seq.) as amended from time to time, and its state equivalent, the Hazardous Materials Transportation Act (49 U.S.C. Sec. 18081 et seq.), as amended from time to time, and its state equivalent, the Clean Water Act, and its state equivalent, the Endangered Species Act, and its state equivalent, the Clean Air Act, and its state equivalent, all as amended from time to time, any chemical identified as a known, probable or suspected human carcinogen by any federal agency, state agency or international agency for research on cancer, any "pollutant or contaminate" as defined by 42 U.S.C. 9601(33), or its state equivalent, any substance listed on the "Title III List of Lists," maintained by the United States Environmental Protection Agency, and its state equivalent, any "hazardous air pollutant" as defined by 42 U.S.C. Sec. 7412 and its implementing regulations, and its state equivalent, and the rules, regulations, and guidance documents promulgated or published thereunder.

(b)

Michigan Natural Resources and Environmental Protection Act ("NREPA") MCL 324.101 et seq., as amended from time to time, and the rules, regulations, and guidance documents promulgated or published thereunder.

(c)

Oakland County Solid Waste Management Plan, as amended from time to time, and the rules, regulations, and guidance documents promulgated or published thereunder.

(d)

Madison Heights' Air Pollution Prevention Ordinance (Chapter 3), as amended from time to time, and the rules, regulations, and guidance documents promulgated or published thereunder.

(e)

Madison Heights' Building and Building Regulations Ordinance (Chapter 6), including but not limited to compliance with construction, electrical, plumbing and mechanical codes and the Dangerous and Unsafe Buildings Code, as amended from time to time, and the rules, regulations, and guidance documents promulgated or published thereunder.

(f)

Madison Heights' Business Regulations and Licensing Ordinance (Chapter 7), as amended from time to time, and the rules, regulations, and guidance documents promulgated or published thereunder.

(g)

Madison Heights' Fire Prevention Protection Ordinance (Chapter 12), including but not limited to the International Fire Code (as adopted by the city), as amended from time to time, and the rules, regulations, and guidance documents promulgated or published thereunder.

(h)

Madison Heights' Public Nuisance, Blight and Noise Ordinance (Chapter 17), including but not limited to compliance with other misdemeanor and/or civil violation ordinances, as amended from time to time, and the rules, regulations, and guidance documents promulgated or published thereunder.

(i)

International Property Maintenance Code (as adopted by the city), as amended from time to time, and the rules, regulations, and guidance documents promulgated or published thereunder.

(Ord. No. 2139, § 1, 5-28-19)

A solid waste disposal area shall only be open from 8:00 a.m. to 4:00 p.m., Monday through Friday. The owner, operator, person, firm, partnership, association, company or corporation, of the solid waste disposal area shall do the following:

(a)

Provide facility security and safety, including the installation of security cameras (both inside and outside of the buildings and/or structures) and the posting of a security guard at all times, whether the solid waste disposal area is open or closed, in order to prevent trespassers or vandals from entering on the grounds or into the buildings and structures and to assist in the prosecution of such trespassers or vandals.

(b)

Provide noise, litter, odor and dust controls in order to prevent the solid waste disposal area from becoming a public nuisance, an attractive nuisance, a blighted area, and/or an area where loud, frequent or long-continued noise disturbs the comfort or repose of any person, a violation of which shall be considered a nuisance per se and unlawful.

(c)

Ensure that vehicles entering and exiting the solid waste disposal area shall be scheduled in a manner that will achieve an efficient flow of traffic and avoid congestion, both on-site and on public roadways. The hauling of materials to the solid waste disposal area shall be confined to paved public arterial routes approved by the city. Vehicles hauling materials shall have clean wheels (tires and rims), cabs, trailers, and equivalent, before reentering a public access road. All solid waste disposal area internal roads and public roads shall be kept free from materials attributable, directly or indirectly, to the solid waste disposal operation.

(d)

Prevent the drifting or airborne transmission beyond the solid waste disposal property line of dust, particles, or debris.

(e)

Keep accurate records and reports regarding their operations, including a list of those wastes accepted, banned or prohibited. Upon request, a copy of these records shall be turned over to city officials.

(f)

Maintain and pay for the repairs of any internal roads, leading from the public street into the solid waste disposal area, even if that road is shared with another city entity or agency, and any internal roads inside of the solid waste disposal area.

(g)

Maintain (but not use) the safety of any incinerator or former incinerator chimneys, chimney stacks, or equivalent, in accordance with all recognized industry standards.

(h)

Maintain (but not use) any incinerator or former incinerator chimneys, or equivalent, inside of the buildings, facilities, and/or structures.

(i)

Permit the city's fire code official, the city's building official and/or the city's director of public services, or equivalent, to enter upon and inspect the solid waste disposal area and any buildings facilities and/or structures (both exterior and interior) located therein or thereon.

(j)

Pay any and all fees, taxes and sums levied and permitted by law.

(Ord. No. 2139, § 1, 5-28-19)

A yard waste transfer facility, including any expansion of an existing facility, shall be permissible only as a use by special approval in accordance with section 10.508(5)(b) of the city's zoning ordinances and subject to the following regulations:

(a)

If the site abuts property which is residentially zoned, a buffer zone shall be maintained where no storage, transfer or loading activities will take place within 150 feet of any existing residential district and within 100 feet of all adjoining property lines. All buffer areas shall be maintained as landscape strips to facilitate screening and buffering.

(b)

All site access roads, drives, material handling, storage and transfer areas, and all areas for truck, visitor and employee parking shall be paved with asphalt or concrete.

(c)

Adequate parking shall be provided for all employees and visitors.

(d)

The site shall be controlled to prevent unauthorized access during non-business hours.

(e)

All transfer operations shall be screened from public view in a manner that provides complete screening between the site and all adjacent properties and rights-of-way.

(f)

No compostable material may remain on-site longer than 24 hours.

(g)

In order to contain windblown debris, chain link fencing shall be installed and maintained around all areas of the site that are utilized in any phase of the compostables transfer process. Council shall determine the appropriate location and height of required fencing during special approval review after consideration of the site characteristics, proposed design, adjacent land uses, and prevailing wind patterns.

(h)

Overnight storage or parking of loaded vehicles shall not be permitted.

(i)

If public access is provided to the site for the drop-off of compostable material the public drop-off area shall be fully separated from the transfer operation and the operator shall clearly demonstrate that the public health and safety are protected while on site.

(j)

The compostable material transfer process shall be properly managed and maintained in an aerobic condition to beyond the property line.

(Ord. No. 2139, § 1, 5-28-19)

A yard waste composting facility, including any expansion of an existing facility, shall be permissible only as a use by special approval in accordance with section 10.508(5)(c) of the city's zoning ordinances and subject to the following regulations:

(a)

If the site abuts property which is residentially zoned, a buffer zone should be maintained where no composting, storage, transfer or loading activities will take place within 300 feet of any existing residential districts and 100 feet of all adjoining property lines. All buffer areas shall be maintained as landscape strips to facilitate screening and buffering.

(b)

All site access roads, drives, material handling, storage and transfer areas, and all areas for truck, visitor and employee parking shall be paved with asphalt or concrete.

(c)

Adequate parking shall be provided for all employees and visitors.

(d)

The site shall be controlled to prevent unauthorized access during non-business hours.

(e)

The site shall be well drained and designed such that all natural or generated runoff is contained within the site.

(f)

The compost site, and all related operations, shall be screened from adjacent public rights-of-way, properties, and public view, by a land form buffer, buffer strip, screening wall and adjacent greenbelt, or combination thereof. Council may require additional landscaping or screening where it determines it to be necessary to prevent negative impacts on adjacent properties.

(g)

In order to contain windblown debris, chain link fencing shall be installed and maintained around all areas of the site that are utilized in any phase of the composting process. Council shall determine the appropriate location and height of required fencing during special approval review after consideration of the site characteristics, proposed design, adjacent land uses, and prevailing wind patterns.

(h)

Only compostable material shall be composted at such facilities.

(i)

The decomposition process shall be managed and maintained in an aerobic condition to prevent an odor nuisance beyond the property line.

(j)

Ponded water shall not be permitted to collect on a yard waste composting facility site.

(k)

If public access is provided to the site for the drop-off, or pick-up of compostable material the public drop-off area shall be fully separated from the composting operation and the operator shall clearly demonstrate that the public health and safety are protected while on site.

(l)

Overnight storage or parking of loaded vehicles shall not be permitted.

(m)

Copies of all Michigan Department of Environmental Quality applications and/or permits, if required, shall be provided with the application.

(Ord. No. 2139, § 1, 5-28-19)

Recycling drop-off center is intended to serve the public by providing a convenient and safe place, in a location normally used by the public, to drop off their recyclable materials. Due to the area required for this type of facility, recycling drop-off centers shall be permissible only as a use by special approval in accordance with section 10.508(5)(d) of the city's zoning ordinances and subject to the following regulations:

(a)

If the site abuts property that is residentially zoned, a buffer zone shall be maintained where no drop-off activities will take place within 100 feet from any existing buildings and not within any required front yard.

(b)

The site shall be well drained and designed such that all natural or generated runoff is contained within the site.

(c)

The recycling drop-off center shall be screened from adjacent public rights-of-way and properties, and from public view, by a land form buffer, buffer strip, screening wall and adjacent greenbelt, or a combination of thereof. Council may require additional landscaping or screening where it determines it to be necessary to prevent negative impacts on adjacent properties.

(d)

The types of recyclable materials to be collected shall be approved by council as part of the special approval process. No motor oil, batteries, paint, lead, mercury or other hazardous materials shall be collected.

(e)

The operator shall provide plans showing all container locations and screening. Plans shall show the location of entrances, exits and unloading areas for the location as well as the distances to property lines and any adjacent residential districts.

(Ord. No. 2139, § 1, 5-28-19)

Due to the large volume of truck traffic, storage and recyclable material handling, combined with the increased possibility of odor, noise, dust and debris, recycling transfer facilities shall be permissible only as a use by special approval in accordance with section 10.508(5)(e) of the city's zoning ordinances and subject to the following regulations:

(a)

If the site abuts property that is residentially zoned, a buffer zone shall be maintained where no storage, transfer or loading activities will take place within 150 feet of any existing residential district and within 100 feet of all adjoining property lines. All buffer areas shall be maintained as vegetative strips to facilitate screening and buffering.

(b)

All site access roads, drives, material handling, storage and transfer areas, and all areas for truck, visitor and employee parking shall be paved with asphalt or concrete.

(c)

Adequate parking shall be provided for all employees and visitors.

(d)

The site shall be controlled to prevent unauthorized access during non-business hours.

(e)

All transfer operations shall be conducted inside a fully enclosed structure.

(f)

No recyclable materials may remain on-site longer than seven calendar days.

(g)

Overnight storage or parking of leaded vehicles shall not be permitted.

(h)

If public access is provided to the site for the drop-off of recyclable materials the public drop-of area shall be fully separated from the transfer operation and the operator shall clearly demonstrate that the public health and safety are protected while on the site.

(Ord. No. 2139, § 1, 5-28-19)

Due to the large volume of truck traffic, storage and recyclable material handling, combined with the increased possibility of odor, noise, dust and debris, recycling processing facilities shall be permissible only as a use by special approval in accordance with section 10.508(5)(f) of the city's zoning ordinances and subject to the following regulations:

(a)

All site access roads, drives, material handling, storage and transfer areas, and all areas for truck, visitor and employee parking shall be paved with asphalt or concrete.

(b)

Adequate parking shall be provided for all employees and visitors.

(c)

The site shall be controlled to prevent unauthorized access during non-business hours.

(d)

All transfer operations shall be conducted inside a fully enclosed structure.

(e)

Overnight storage or parking of leaded vehicles shall not be permitted.

(f)

If public access is provided to the site for the drop-off of recyclable materials the public drop-of area shall be fully separated from the transfer operation and the operator shall clearly demonstrate that the public health and safety are protected while on the site.

(g)

All processing shall be conducted inside a fully enclosed building.

(h)

If the site abuts property which is residentially zoned a buffer zone shall be maintained where no recycling, storage, transfer or loading activities will take place within 300 feet from existing residences and within 100 feet of all adjoining property lines. All buffer areas shall be maintained as vegetative strips to facilitate screening and buffering.

(i)

The recycling process center shall be screened from adjacent public rights-of-way and properties by a land form buffer, buffer strip, screening wall and adjacent greenbelt, or a combination of thereof. Council may require additional landscaping or screening where it determines it to be necessary to prevent negative impacts on adjacent properties.

(j)

In order to contain windblown debris and provide security, chain link fencing shall be installed and maintained around all areas of the site which are utilized in any phase of the recycling process. Council shall determine the appropriate location and height of required fencing during special approval review after consideration of the site characteristics, proposed design, adjacent land uses, and prevailing wind patterns.

(k)

The types of materials to be recycled shall be approved by council as part of the special approval process.

(l)

Copies of all Michigan Department of Environmental Quality applications and/or permits, if required, shall be provided with the application.

(Ord. No. 2139, § 1, 5-28-19)

(a)

Yard waste transfer facilities, yard waste composting facilities, recycling drop-off centers, recycling transfer facilities, and recycling processing facilities shall utilize materials, equipment and processes which are clean, quiet and free from any objectionable or dangerous nuisance or hazard including odors and windborne dust or debris and shall comply with all other performance standards contained herein, in section 10.509 of the city's zoning ordinance and any other standard imposed as a condition of special approval.

(b)

Failure to maintain and operate the facility in a responsible manner that minimizes the potential for adverse impacts on neighboring properties, or in compliance with the conditions of the special use permit, shall constitute grounds for immediate revocation of the special use permit by the city and the penalties specified in section 14-18.

(Ord. No. 2139, § 1, 5-28-19)

(a)

Residents or occupants of any house, home, dwelling, apartment building or structure of any kind or description whatsoever, intended as a place where people live in the city (collectively "premises"), shall separate authorized recyclable materials and place them in an authorized container at the curb on their normal garbage pickup day and in the manner set out in this chapter, or for multiple dwellings or apartment buildings, at approved locations on the site in authorized containers.

(b)

Due to the rapidly changing technology in the area of recycling, authorized recyclable materials and authorized containers may change from time to time based upon available markets, transportation vehicle sizes, and pickup methods. To keep the public informed of the current authorized recyclable materials and authorized containers, the city shall on a regular basis distribute in newsletter form, or to be included with other information in an appropriate newsletter, details and listings of the then current authorized recyclable materials and authorized containers. In addition, the city shall provide a leaflet containing a list and details of the current authorized recyclable materials and authorized containers, which leaflets shall be available for pickup by the public at the city clerk's office, the information desk at City Hall and the department of public services.

(Ord. No. 2139, § 1, 5-28-19)

(a)

All yards, alleys, streets, vacant lots or other places in the city shall be kept free from garbage, bulky waste and rubbish. Garbage, bulky waste and rubbish shall be deposited in an appropriate container or placed for collection as set out in this chapter.

(b)

The residents or occupants of any premises shall provide a covered, watertight container with handles, not exceeding a 30-gallon capacity, for receipt of garbage and rubbish, but not compostable material, or shall have approved containers compatible with the city-authorized mechanical handling equipment.

(c)

For composting purposes, compostable materials will not be collected by the city from any premises unless it is placed in a container approved by the director of the department of public services or his or her designee.

(d)

All containers shall be placed in a convenient location for collection at the proper time. The city shall not collect bulky waste or containers holding garbage, bulky waste, rubbish or compostable which weigh over 50 pounds.

(e)

No containers, rubbish, bulky waste or other materials to be disposed of shall be placed in any public street, alley or other public place, or in front or side yard, prior to 12 hours before the regular collection time, and said containers shall be removed from said places not later than 12 hours after collections are made.

(f)

Containers and bulky waste on collection day shall be placed between the curb and the sidewalk unless otherwise authorized. Except for compostable materials, the use of plastic containers will be permitted, provided, that tops of the same are secured to prevent garbage, paper or debris from spilling or otherwise escaping the confines of such containers. At no time will the use of paper bags be permitted, except to hold newspapers as set out in subparagraph (f) of this section.

(g)

Stacks of newspapers or boxes may be placed at the curb without being in a container if said newspapers or boxes are placed in paper bags.

(h)

Small tree limbs, two inches and less in diameter, shall be collected only if they have been cut into lengths not to exceed three feet in length and tied securely into bundles not to exceed three feet in length and tied securely into bundles not to exceed three feet in girth. In lieu of this paragraph, brush-chipping services are available as specified under subparagraph (i) of this section.

(i)

The city will provide brush-chipping services upon request of the landowner or occupant of the premises. The fee for brush chipping services has previously been established by resolution of the city council. The individual making the request for services will be billed after the services are rendered.

(j)

If payment is not received within 30 days after the services are billed, the director of the department of public services shall make a sworn statement of said account and deliver the same to the city clerk. The city clerk shall certify them forthwith to the city treasurer. The city treasurer shall then enforce payment for those services as prescribed in this chapter for the collection of special assessment.

(Ord. No. 2139, § 1, 5-28-19)

No resident or occupant shall place in any garbage container any materials that have not been well drained of all liquids.

(Ord. No. 2139, § 1, 5-28-19)

Recyclable materials placed appropriately at the curb in accordance with this chapter shall become the exclusive property of the city or the city's authorized recycler. There shall be a presumption that the residents or occupants intended to recycle materials under this chapter if the authorized recyclable material is placed at curbside as provided in this chapter.

(Ord. No. 2139, § 1, 5-28-19)

No resident or occupant shall dispose of any bulky waste, rubbish or garbage except to an authorized collector of the city.

(Ord. No. 2139, § 1, 5-28-19)

Any vehicles used for the purpose of conveying bulky waste, rubbish or garbage shall be constructed, covered and equipped so as to prevent any of the contents thereof from leaking, spilling, falling or blowing off, and any such vehicle, when not in immediate use, shall not be stored or parked in any street, alley or public place so as to become offensive or a hazard to any person.

(Ord. No. 2139, § 1, 5-28-19)

Cross reference— Traffic and motor vehicle code, Ch. 26.

(a)

Burning of rubbish, garbage, paper, wood, leaves, branches, or any other waste material shall be prohibited within the city.

(b)

A person shall not kindle or maintain any bonfire nor shall it be maintained on any premises without having obtained a permit or other proper authorization from the fire chief or his or her designate. Provided, however, that such permit shall only permit burning in accordance with the International Fire Code as heretofore adopted by the City of Madison Heights.

(Ord. No. 2139, § 1, 5-28-19)

Cross reference— Air pollution prevention, Ch. 3; fire department and fire prevention and protection, Ch. 12.

(a)

Authorized employees and representatives of the police department, the community development department, the fire department and the county health department are hereby authorized to issue citations or warrants to any person violating the provisions of this chapter.

(b)

The director of the department of public services or his or her designee shall have the authority to promulgate rules and regulations concerning the implementation of this chapter and the design and availability of recycling and/or compostable containers.

(Ord. No. 2139, § 1, 5-28-19)

Any person, corporation, limited liability company, partnership, association, firm, resident or occupant who violates the provisions of sections 14-10, 14-11 and/or 14-12 of this chapter shall be deemed responsible for a civil infraction for which a civil fine in the amount not to exceed $100.00 may be ordered. A separate offense shall be deemed committed on each day during or at which a violation occurs. All other violations of this chapter shall be deemed a criminal misdemeanor punishable by a fine in an amount not exceeding $500.00 or imprisonment for a term not exceeding 90 days, or both.

(Ord. No. 2139, § 1, 5-28-19)

These amendments shall take effect ten days after its adoption and upon publication as provided for by the Charter of the City of Madison Heights.

(Ord. No. 2139, § 1, 5-28-19)