All solid waste generated on all public and private property shall be disposed of in an appropriate receptacle and delivered for proper disposition, as provided in this chapter. It shall be unlawful for any person in the township, directly or indirectly, to throw, place or leave in any public highway, street or alley or in any private or public place any solid waste, decaying or waste vegetable substance, dead animal, fish, slops, unclean or nauseous liquids or gaseous fluids, garbage, putrid meat or any other substance which may cause an unwholesome or offensive odor or otherwise cause a public nuisance. It shall also be unlawful for any person to throw, place or leave in any highway, alley, or other public place any ashes, cinders, leaves, paper, lawn clippings, debris or rubbish. Solid waste, including, without limitation, the items particularly identified above, shall be placed in suitable containers for the purpose of rubbish collection or curbside recycling or composting as outlined in this chapter.

(Ord. No. C-790-B, § 1, 2-5-24)

No person shall discharge or cause to be discharged into any lake, highway, street or public place in the township any hazardous waste, sewage or foul, inflammable or nauseous liquids or any refuse, drippings, oil, gasoline, or cleaning fluids, nor place or throw in any drains or ditches any dirt, sand, gravel, ashes, straw, hay, boughs, garbage or rubbish or any other materials or substances which might tend to obstruct or clog the drains or ditches.

(Ord. No. C-790-B, § 1, 2-5-24)

a)

Removal required. The Natural Resources and Environmental Protection Act, Part 115 of Public Act No. 451 of 1994, MCL 324.11501 et seq., provides that a municipality shall ensure that all solid waste is removed from sites of generation frequently enough to protect the public health, and that it shall be disposed of at a licensed solid waste disposal area.

b)

Collection and disposal by a single waste hauler. Because solid waste collection directly affects public health, safety and welfare, the township has determined that the curbside collection and disposal of solid waste from residential properties shall be undertaken by the township through a contract with a single licensed designated solid waste hauler.

c)

Recycling and composting. The reuse of materials is a principal objective of the state's solid waste management plan; therefore, the township has determined that its solid waste program shall include recycling and composting consistent with the county solid waste plan.

d)

Household hazardous waste collection. Residents may not place household hazardous waste at curbside for collection, transport, and disposal, therefore the township shall arrange for household hazardous waste recycling, recovery, and disposal for residents to minimize the placement of untreated hazardous waste in disposal facilities.

(Ord. No. C-790-B, § 2, 2-5-24)

The following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them in this section:

Bulk item means large pieces of furniture, bed springs, mattresses, large appliances, washers, dryers, air conditioners, microwave ovens, humidifiers, de-humidifiers, stoves, refrigerators, hot water heaters, water closets, toilets, bathtubs, sinks, carpet and pad, storm doors, storm windows, lawn furniture, railroad ties, fence parts or sections no larger than three (3) feet by eight (8) feet, fence posts no larger than four (4) inches by four (4) inches by eight (8) feet and other similar large household items.

Curbside means a location as near as possible to the main-traveled portion of the roadway for the placement of residential solid waste, recyclable materials, or yard clippings for collection.

Designated solid waste hauler means the licensed solid waste hauler awarded a contract by the township to collect, transport, and dispose of the residential solid waste, recyclable materials, and yard clippings generated from residential premises within the township.

Hazardous waste as defined by the Natural Resources and Environmental Protection Act, Part 111 of Public Act No. 451 of 1994, MCL 324.11101 et seq., as amended.

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.

Recyclable materials means materials that are separated from solid waste prior to the collection from the site of generation, including high grade paper, glass, metal, plastic, aluminum, newspaper, corrugated paper, yard clippings, and other materials that may be recycled or composted. Recyclable materials shall not include hazardous waste.

Residential premises refers to a parcel or lot that contains a single-family residential dwelling or multiple-family residential dwelling unit.

Site of generation means any premises in the municipality in or on which solid waste, recyclable materials, or yard clippings are generated.

Solid waste means garbage, rubbish, ashes, and animal waste as defined by the Natural Resources and Environmental Protection Act, Part 115 of Public Act No. 451 of 1994, MCL 324.11501 et seq., as amended, also commonly referred to as trash or refuse.

Solid waste management plan means the Oakland County Solid Waste Management Plan and any amendments thereto.

Waste hauler means any person engaged in the business of collecting solid waste, recyclable materials, and yard clippings for transportation and disposal at a licensed disposal area.

Yard clippings means leaves, grass clippings, lake weeds, vegetable or other garden debris, shrubbery, or brush, tree, plant and/or vegetation trimmings, less than four (4) feet in length and two (2) inches in diameter, that can be converted to compost humus, also commonly referred to as compostable(s) and yard waste. Yard clippings shall not include stumps, agricultural wastes, animal waste, roots, sewage sludge or garbage.

(Ord. No. C-790-B, § 2, 2-5-24)

It shall be unlawful for any person to store or dispose of waste, including recyclable material and yard clippings, except as expressly authorized by this chapter.

(Ord. No. C-790-B, § 3, 2-5-24)

It shall be unlawful for any person to place or cause to be placed waste for disposal upon the premises of another.

(Ord. No. C-790-B, § 3, 2-5-24)

a)

Solid waste. All solid waste shall be stored on the site of generation in the following manner:

1.

Stored in a closed container or containers sufficient in number and size to store such waste.

2.

Inconspicuous location.

3.

Shall not be commingled with yard clippings.

b)

Recyclable materials. All recyclable materials not commingled with solid waste shall be stored in the following manner:

1.

Metal, glass, or plastic materials shall be rinsed and cleaned before storage.

2.

Recyclables shall be site-separated from other waste and stored in a recycling collection container.

3.

Newspapers or other recyclable paper products shall be stored and placed in recycling collection containers, paper bags, or tied into bundles weighing not more than fifty (50) pounds.

4.

Residential yard clippings shall not be comingled with solid waste and shall be stored in accordance with the Natural Resources and Environmental Protection Act, Part 115 of Public Act No. 451 of 1994, MCL 324.11521, as amended.

(Ord. No. C-790-B, § 3, 2-5-24)

Open burning of any kind of solid waste, trash, refuse or other materials, including, but not limited to, paper products, cardboard, painted or treated wood, plastic, Styrofoam, leaves or yard clippings is prohibited.

(Ord. No. C-790-B, § 3, 2-5-24)

a)

Weekly curbside collection. Because solid waste collection directly affects public health, safety and welfare, all residential solid waste, recyclable materials, and yard clippings shall be collected curbside from single-family residential dwellings and multiple-family residential dwellings with curbside collection on a weekly basis for transport and disposal at a licensed disposal site by a single designated waste hauler awarded a contract with the township.

b)

Single designated waste hauler required. Except as provided in subsection (c) of this section, no person shall dispose of any solid waste, recyclable materials, or yard clippings from a residential site of generation, unless excluded from the application of this article, other than by means of the designated waste hauler awarded a contract by the township for the curbside collection and disposal of residential solid waste, recyclable materials, and yard clippings.

c)

Suspension of weekly curbside service. A resident may temporarily suspend the residential curbside collection program by providing written notice directly to the designated solid waste hauler. At the end of the temporary suspension period provided by the resident at the time of notification, the service shall be automatically reactivated by the designated solid waste hauler. In the event solid waste, recyclable materials or yard clippings are placed for collection at curbside prior to the end of the suspension period, the service shall be reactivated, and the designated waste hauler may resume billing for the service.

d)

Exclusions. The following are excluded from the application of this article:

1.

Landscaping services. A person in the business of providing landscaping services may remove the yard clippings from its residential customers' premises for disposal by the landscaper in accordance with all regulations of the Natural Resources and Environmental Protection Act, Part 115 of Public Act No. 451 of 1994, MCL 324.11501, as amended.

2.

Dumpster collection. Multiple-family residential units that have dumpster, roll-out, or other type of non-curbside solid waste collection.

3.

Apartments and hotels. Multiple-family commercial uses such as apartments and hotels.

4.

Undeveloped residential property. Residential property that is undeveloped.

5.

Registered vacant property. Vacant property registered pursuant to chapter 8, article XVI of the Code of Ordinances.

(Ord. No. C-790-B, § 4, 2-5-24)

a)

Time. No solid waste, recyclable material or yard clippings shall be placed at curbside for collection prior to 6:00 p.m. on the day immediately preceding a scheduled collection day. All storage containers and any waste not removed by the designated waste hauler shall be removed from curbside by 8:00 p.m. on the scheduled collection day.

b)

Presumption. It shall be presumed that the owner, lessee, or occupant in physical possession of a site of generation abutting a curbside where solid waste, recyclable materials or yard clippings are placed is the person who placed such materials curbside for collection.

c)

Preparation of yard clippings. Twigs, brush, and branches not exceeding two (2) inches in diameter shall be tied in bundles not more than four (4) feet in length and eighteen (18) inches in diameter. All other yard clippings shall be placed in either containers or paper bags clearly marked as yard clippings.

d)

Hazardous waste. No person shall knowingly place hazardous waste at the curbside or other designated location for collection and the designated waste hauler shall not knowingly collect or deliver hazardous waste to a processing or disposal site.

e)

Adoption of rules and regulations. The township board shall adopt by resolution rules and regulations governing the procedures for collection of solid waste, recyclable materials, and yard clippings. The rules and procedures shall include the pickup schedule, the list of recyclable materials, the list of approved containers, and the manner and location of container storage. The rules and regulations shall be consistent with this article, consistent with the contract entered into with the designated waste hauler, and shall comply with applicable provisions of the Natural Resources and Environmental Protection Act, Part 115 of Public Act No. 451 of 1994, MCL 324.11501 et seq.

(Ord. No. C-790-B, § 4, 2-5-24)

All solid waste, recyclable materials and yard waste shall become the property of the designated waste hauler at the time the material is placed at curbside for collection by the designated waste hauler. It shall be unlawful for any person other than the designated waste hauler or generator of solid waste to collect or cause to be collected any waste after it has been placed at the curb for collection.

(Ord. No. C-790-B, § 4, 2-5-24)

No person, except the designated waste hauler, shall engage in the collection, transport, or disposal of solid waste, recyclable materials, or yard clippings from a residential site of generation, unless excluded from the application of this article.

(Ord. No. C-790-B, § 4, 2-5-24)

The township shall use a sealed competitive bid procedure for the award of a contract for the single designated solid waste hauler for residential curbside collection. The bid procedure shall require the demonstration of the solid waste hauler's capability to provide a high level of service to residential sites of generation and ability to comply with this article. The township board shall approve the award of contract for the single designated solid waste hauler for residential curbside collection.

(Ord. No. C-790-B, § 5, 2-5-24)

The bid specifications and/or contract requirements for the designated residential sold waste hauler include requirements, conditions, and specifications reasonably related to the following:

1.

The collection and disposal of solid waste, recyclable material, bulk items, and yard clippings from all single-family and multiple-family sites with curbside collection in compliance with this Article and the Natural Resources and Environmental Protection Act (NREPA), Part 115 of Public Act No. 451 of 1994, MCL 324.11501, et seq.

2.

Proof that all licenses and permits required by federal and state law, local ordinance, and related rules and regulations related to the collection, transport, and disposal of solid waste, recyclable materials, and yard clippings have been secured and shall be maintained in good standing.

3.

Provide all requested information related to disposal, recycling, and composting sites including copies of licenses and contracts.

4.

Provide operational specifications for collection trucks and equipment, number of employees, maintenance facilities, container handling, schedules, and routes.

5.

Demonstrate ability to provide quality service to residential sites of generation within the township.

6.

Provide performance security as a letter of credit or performance bond in an amount and form to be established by the township board pursuant to the residential solid waste and recycling collection and disposal contract, which shall be to ensure compliance with the provisions of this chapter, and the contractual obligations of the designated solid waste hauler. The performance security shall be payable to the Charter Township of West Bloomfield, for its benefit and in trust for the township's residential solid waste customers pursuant to the contract. The performance bond shall be written with surety carriers authorized to do business in Michigan and shall be in a form acceptable to the township. A letter of credit shall be issued by a financial institution doing business in Michigan, and have an "A" rating or better, acceptable to the township.

7.

Provide procedures to address citizen complaints.

8.

Describe resources to promote the general understanding of and need for resource recovery, recycling, and composting.

9.

Implementation of a household hazardous waste collection and disposal program.

10.

To provide a multimedia informational program with respect to resource recovery, recycling, and composting.

11.

The submission of reports describing the volume of solid waste, recyclable materials, and yard clippings generated, and such other reports as requested by the township to determine the efficiency and effectiveness of the designated single waste hauler collection and disposal program.

12.

The right of the township to inspect records and operations of the designated waste hauler.

13.

Rates and charges for the services of the designated waste hauler.

14.

Procedures for the collection of rates and charges for services rendered or to be rendered to each site of generation by the designated waste hauler.

15.

Other miscellaneous requirements and provisions may be specified including, but not limited to, dumpster service at municipal buildings and facilities, a recyclable materials drop-off center, and seasonal cleanup assistance program.

16.

Provisions for the termination by the township in the event of the failure of performance of the designated waste hauler.

17.

The rights of the township in the event of a breach of contract by the designated waste hauler.

18.

Business practices that promote and protect public health, safety, and welfare.

(Ord. No. C-790-B, § 5, 2-5-24)

The designated solid waste hauler shall transport and deliver the solid waste to a licensed disposal facility, and the designated solid waste hauler shall pay all disposal fees charged by the facility. The obligation of the waste hauler to pay the disposal fee pursuant to this article shall be absolute and unconditional. The designated solid waste hauler shall comply with all applicable federal, state and county laws, statutes, local ordinances, and rules and regulations in the collection, transportation, and delivery of solid waste, recyclable materials, and yard clippings.

(Ord. No. C-790-B, § 5, 2-5-24)

The township board shall adopt a resolution that specifies the rates that may be charged for the collection, recycling, and disposal services for residential premises pursuant to this article. The rates to be charged shall be proportionate to the necessary costs of the service and therefore, shall be determined based upon the competitive bids received. Upon adoption, the approved rate resolution shall be published in order to provide notice to the public of the rates approved. The designated solid waste hauler shall not charge a rate in excess of the rates approved by resolution of the township board.

(Ord. No. C-790-B, § 6, 2-5-24)

The township Board shall adopt an environmental service fee by resolution for the costs to the township for providing for household hazardous waste collection, environmental education products and services, customer services, and administration of the residential solid waste program. The environmental service fee shall be included on each invoice issued by the designated solid waste hauler as a separate charge to be remitted to the township. The designated solid waste hauler shall collect the environmental service fee and upon receipt shall remit the fee to the township.

(Ord. No. C-790-B, § 6, 2-5-24)

a)

Invoice period. The designated solid waste hauler shall send an invoice in advance directly to each residential premises for which services are provided. The resident shall elect to be billed either annually or quarterly. The invoice shall be prepared in accordance with the resident's billing election and shall be for pre-payment of services to be rendered.

b)

Residential associations. A residential association for a condominium or subdivision may assume the responsibility to pay for the collection, recycling, and disposal services provided to the residential premises within its association by contacting the designated solid waste hauler and arranging for the solid waste hauler to invoice the association for all the residential premises within the association. In the event a residential association assumes the responsibility to pay for the services, the designated solid waste hauler shall not bill the individual residential premises comprising the association, and the provisions for collection of delinquent invoices as set forth in sections 13-42 and 13-43 shall not apply to the residential premises within that association.

c)

Regular mail. The invoice shall be transmitted by regular mail at least thirty (30) days prior to the beginning of the billing period for which the charges are imposed.

d)

Due date. The due date for payment shall be the last business day prior to the beginning of the billing period for which the charges are imposed. If the last business day falls on a Saturday, Sunday, or holiday, the due date shall be the next business day.

e)

Delinquent. If the invoice is not paid within seven (7) days after the due date, it shall be considered delinquent, and the designated solid waste hauler shall send a notice of delinquency. The designated solid waste hauler shall maintain its invoice and delinquency notice records for the duration of the contract period. The notice of delinquency shall include the following statement: "Delinquent charges shall be included on the following tax bill pursuant to the procedures set forth in chapter 2, article VI, division 3, sections 2-241 to 2-243 of the Code of Ordinance for the Charter Township of West Bloomfield. If you dispute this notice, please contact the designated solid waste hauler at the phone number listed on this notice."

(Ord. No. C-790-B, § 6, 2-5-24)

a)

List of delinquencies. The designated solid waste hauler shall maintain a list of delinquent invoices. Delinquent charges shall be included on the following tax bill pursuant to the procedures set forth in chapter 2, article VI, division 3, sections 2-241 to 2-243.

b)

Procedure. Before any delinquent charge will be included on the tax bill pursuant to chapter 2, article VI, division 3, sections 2-241 to 2-243, the designated solid waste hauler shall submit an affidavit, signed by its authorized representative, that the charges on the delinquent list are accurate, shall include the due date for payment of the delinquent invoice, shall state that the amount is delinquent, and that the resident was given written notice of the collection, recycling, and disposal charges, and of the delinquency as required by this article. The designated solid waste hauler shall also provide a text file in a format prescribed by the township assessor that includes the parcel identification number and address of the premises serviced, the amount of delinquency, and the date payment was due. For inclusion on the summer bill, the information required must be submitted to the township assessor by May 1, and for inclusion on the winter bill, the information must be submitted by October 1.

c)

Excluded. In the event a residential association assumes the responsibility to pay for the solid waste collection, transport, and disposal services, the provisions for collection of delinquent invoices as set forth herein shall not apply to the residential premises within that association.

(Ord. No. C-790-B, § 6, 2-5-24)

The collection, recycling and disposal charges for solid waste, recyclable materials and yard clippings as authorized by this article, shall constitute a lien on the property. Charges remaining delinquent after inclusion on the tax bill as set forth in section 13-42, shall be certified annually to the township assessor to be entered upon the next tax roll and the charges, penalties and interest shall be collected in the same manner as provided for delinquent real property taxes in the township.

(Ord. No. C-790-B, § 6, 2-5-24)

The collection, recycling, and disposal charges collected by the township pursuant to procedures set forth in section 13-42 or section 13-43, shall be remitted to the designated solid waste hauler as provided by contract, except any penalty and interest charged shall be retained by the township as provided by law.

(Ord. No. C-790-B, § 6, 2-5-24)

The township affect finds that the business of solid waste, garbage, rubbish and recyclables collections affects the public health and general welfare of the township and that in order to protect the public health and general welfare and to prevent nuisances, sources of filth and causes of sickness within the township it is necessary that the business of solid waste, garbage, rubbish and recyclables collection by private individuals be regulated by ordinance of the township.

(Ord. No. C-790-B, § 7, 2-5-24)

(a)

Equipment. Any vehicle used in the business of solid waste, garbage, rubbish and recyclables collection shall be watertight and equipped with airtight covers for such portions as are used for the transportation of solid waste, garbage, rubbish or recyclables.

(b)

Operation on Sundays and holidays. It shall be unlawful for any vehicle to be driven over or through any street in the township on a Sunday, or before 10:00 a.m. on Christmas Day, New Year's Day, Thanksgiving Day, Memorial Day, the Fourth of July, and Labor Day.

(c)

Display of identification/assigned township identification license. Each vehicle licensed under this article shall display the licensee's full name or name of business, address, and telephone number (to include area code) on each side of the vehicle. This information shall be at a height of no less than four (4) inches per letter or number and be printed using the commonly recognized English alphabet and must be of a color contrasting the background color to which it is affixed. The assigned township identification license shall be displayed on the front of the vehicle. The location for mounting must be on the front bumper of the vehicle at any location from the center point of same, or right of center (driver's side) of the vehicle and cannot be obstructed or disfigured in any manner as to cause same to be unreadable.

(d)

Drivers. Vehicles used in a licensed business shall not be operated by a driver:

a.

Who does not have in their possession a current, valid and unrestricted Michigan driver license with all required endorsements.

b.

Who has been convicted of operating a motor vehicle: (i) under the influence of liquor or controlled substances; (ii) with an unlawful blood alcohol content; or (iii) while visibly impaired or convicted for any other criminal driving offense involving alcohol or controlled substances.

(e)

Vehicle specifications. Vehicles and equipment used to make collections of solid waste, yard waste and recyclables shall be modern, sanitary, mechanically safe and sound and shall not exceed applicable Oakland County weight requirements.

(f)

Operations. Vehicles and equipment used to make collections of solid waste, yard waste and recyclables shall transport same without spillage to the disposal location and/or MRF. Any spilled, lose or dislodged waste, materials or containers deposited upon any street, sidewalk or other public way in the course of collection or transportation within the township shall be promptly cleaned up and removed.

(Ord. No. C-790-B, § 7, 2-5-24)

Service shall be offered by any licensee under this article to all residential and business premises within the township without discrimination as to price or service. The licensee shall operate throughout the entire township unless a smaller territory is approved by the township board. No licensee shall make any agreement with any other licensee whereby the licensees would voluntarily restrict their territories so as to avoid competing with one (1) another or in such a manner as to lessen competition in connection with this business within the township.

(Ord. No. C-790-B, § 7, 2-5-24)

Each licensee under this article shall file with the township a complete schedule of fees and charges to be made to customers for service. No licensee shall depart from its filed fees and charges in the operation of its business. No change shall be made in the schedule of fees and charges without thirty (30) days' prior notice to the township and to each customer of the licensee.

(Ord. No. C-790-B, § 7, 2-5-24)

(a)

Each licensee under this article shall file with the township a complete schedule of days and areas that pickup to customers is to be made. No licensee shall depart from its filed schedule of days and areas in the operation of its business. No change shall be made in the schedule of days and areas without thirty (30) days' prior notice to the township and to each customer of the licensee.

(b)

Exceptions to the requirements in subsection (a) will be allowed only in the case of an emergency situation. An emergency situation shall be defined as a situation that constitutes a potential health hazard because of happenings not directly within the control of the licensee, such as weather conditions, vehicle breakdown and the like. Such exceptions shall be granted by the township police department in conformance with the rules as established by the township for the granting of such exceptions.

(c)

Each customer of a licensed solid waste, garbage, rubbish, and recyclables collector in the township shall retain all substances to be collected between collections in a suitable closed, watertight container in an inconspicuous location so as to not constitute a nuisance. Not earlier than 6:00 p.m. the night before the scheduled pickup, the receptacles containing the refuse to be collected may be placed at the edge of the roadway for collection. After collection, all empty receptacles shall be removed from the street promptly, and in no event later than 8:00 p.m. on the day of the pickup.

(d)

Handicapped customers. If there are no members of a customer's household that are physically able to place solid waste and recyclables at the edge of the road for collection due to a documented handicap or disability that is on file with the township clerk's office and the licensee, without any additional charges or fees, the licensee shall be required to collect solid waste and recyclables from, and return empty receptacles to, a location that is outside of and between the customer's home and roadway.

(e)

Collection days and hours. Collection of solid waste, recyclables and yard waste shall only be performed in the township between the hours of 7:00 a.m. and 8:00 p.m., Monday through Thursday, provided collection services may be provided on Friday when a holiday occurs in that week, or due to strikes, work stoppages and/or inclement weather.

(f)

Customer lists. Each licensee shall maintain a current list of the names, addresses and collection day of its customers and a current customer count, which shall be filed with the township for inspection, but not copying and in connection with an application for a license or license renewal.

(Ord. No. C-790-B, § 7, 2-5-24)

(a)

Commencing July 1, 1993, all persons engaged in the business of collecting garbage, rubbish and/or solid waste from residential property in the township shall offer in good faith to each and every residential customer the service of collection of recyclables. For purposes of this section, "residential customer" shall include single-family attached and detached residences and shall also include individual residents of multiple dwellings.

(b)

Commending August 1, 1993, all persons engaged in the business of collecting garbage, rubbish and/or solid waste from sites of generation not included within the requirements of subsection (a) of this section shall offer in good faith to each and every customer occupying such a site of generation the service of collection of recyclables.

(c)

With respect to all customers who have contracted for the collection of recyclables separate from other solid waste, no person engaged in the business of collecting garbage, rubbish and/or solid waste from any site of generation in the township shall dispose of recyclables collected from such customers at a landfill or other disposal site other than a MRF or other market location duly recognized and licensed by all applicable federal and state laws as a center which processes and markets recyclable materials.

(Ord. No. C-790-B, § 7, 2-5-24)

No person shall engage in or carry on the business of the collection of solid waste, garbage, rubbish and/or recyclables from premises, private or commercial, within the township without first having obtained a license therefore from the township as provided in this division.

(Ord. No. C-790-B, § 8, 2-5-24)

Applications for licenses to engage in the business of collecting solid waste, garbage, rubbish and/or recyclables within the township shall be made to the township clerk and shall contain the applicant's full name, address, phone (and fax) numbers, a description of the type of intended customers (business, residential, etc.) and form of business organization. Each individual doing business under the applicant's name, or general partner, or managing member, or individual that is a majority or controlling shareholder or owner of the applicant, and the person that will be primarily responsible for business operations in the township, shall provide their date of birth and driver license number. The application shall also include a description of the trucks and other equipment to be used in the business, certificates confirming the applicant's motor vehicle and liability insurance, an acknowledgement and agreement to comply with the provisions of article III, chapter 13 of the West Bloomfield Charter Township Code, and such other information as may be required by the code enforcement officer for purposes of the investigation and recommendation under section 13-68, or the township clerk in order to reasonably apprise the township board of the character of the applicant and of the nature of the business desired to be carried on. The application and all required fees shall be due January 1 ^st of the year the license expires.

(Ord. No. C-790-B, § 8, 2-5-24)

The township board shall have the authority to refuse to grant any application for a license to engage in the business of collecting solid waste, garbage, rubbish and/or recyclables for any just cause, or when in its judgment the public health, interest, or general welfare of the inhabitants of the township so require.

(Ord. No. C-790-B, § 8, 2-5-24)

Licenses issued under this division shall be in such form as shall be prescribed by the township board and shall expire on April 30 ^th of each year following the issuance thereof. The township shall furnish the licensee with an appropriate plate or sticker which shall be displayed as required in subsection 13-48(c) upon each and every vehicle operated by the licensee within the township in connection with the solid waste, garbage, rubbish and/or recyclables collection business.

(Ord. No. C-790-B, § 8, 2-5-24)

Licenses issued under this division may be temporarily transferred to another vehicle in emergency situations provided as follows:

(1)

The original licensed vehicle cannot practically be used for either solid waste, garbage, rubbish and/or recyclables collection because of a mechanical failure or because of some other malfunction.

(2)

The licensee shall apply to the township clerk for a temporary transfer of the license stating the reason(s) for the transfer and the length of time required for the transfer of the license.

(3)

The vehicle to which the license is to be temporarily transferred shall meet all the requirements of this article including, but not limited to, insurance provisions and inspection provisions by the code enforcement department.

(4)

The township clerk may temporarily transfer the license upon the applicant meeting the above requirements. The temporary transfer may be in a letter form indicating the name, address and telephone number of the licensee, the Michigan license plate number of the vehicle to which the temporary transfer is applicable and the termination date of the temporary transfer. The temporary license transfer letter is to be carried in the vehicle at all times and shall be presented when requested by any authorized person.

(Ord. No. C-790-B, § 8, 2-5-24)

Licenses under this division will be issued or renewed upon the applicant or licensee filing certificates confirming the applicant's or licensee's general liability and motor vehicle liability insurance, in the minimum amounts required by the laws of the State of Michigan.

(Ord. No. C-790-B, § 8, 2-5-24)

An annual fee in an amount as prescribed by resolution of the township board for each vehicle to be used by the licensee within the township in connection with the solid waste, garbage, rubbish and/or recyclables collection business shall be paid to the township clerk at the time application is made or by January 1 ^st for any license or renewal thereof.

(Ord. No. C-790-B, § 8, 2-5-24)

The code enforcement department shall review the applications and schedule dates and times for waste hauler vehicle inspections. Waste hauler vehicle inspections shall occur between January 2 ^nd and April 30 ^th of the year the license is submitted. The licensee shall have each vehicle inspected by an officer of the township code enforcement department. The code enforcement officer(s) shall conduct the inspection of each vehicle presented to them for inspection on or before the 30 ^th day of April. The code enforcement department shall inspect the vehicle(s) at the maintenance garage or other suitable location of each company requesting a license, and shall decide as pursuant to the requirements in section 13-48 and also as to those items relating to safe and proper driving equipment; these shall include, but not be limited to, lights, brakes, tires, exhaust, etc.

(Ord. No. C-790-B, § 8, 2-5-24)

1.

Licenses issued under this division shall be renewed by the township clerk on an annual basis subject to the following requirements:

a.

The licensee shall pay to the township clerk the required fees on or before the 1 ^st of January in each year the licensee seeks a license renewal.

b.

The licensee shall file with the clerk a certificate of insurance, as required in section 13-72, on or before January 1 ^st in each year the licensee seeks a license renewal.

c.

The licensee shall still have each vehicle inspected by an officer of the township code enforcement department within the required time frame, pursuant to section 13-73.

d.

A fee of twenty dollars ($20.00) for the inspection or reinspection shall be paid to the township for each vehicle the licensee presents for inspection. These inspection fees must be paid in full prior to the issuance of a license for the vehicle inspected.

2.

If the township notifies the licensee on or before April 30 ^th of its intention not to renew the license for the following year, then the licensee shall be entitled to a hearing before the township board on the question of the renewal of their license upon written request delivered to the clerk.

(Ord. No. C-790-B, § 8, 2-5-24)

Any license issued under this division may be revoked by the code enforcement department for any false statement made in the application, failure to comply with the provisions of this article, failure to comply with the terms of the license, failure to comply with the laws of the state or for other just cause. Before any license shall be revoked, written notice shall be given to the licensee to appear before the township board, at a time and place for hearing, and an opportunity shall be given the licensee to be heard and to produce witnesses on their behalf. In the event of revocation of any licenses, the township shall make its order with respect thereto and cause a copy thereof to be served upon the licensee, whereupon the licensee shall have no further right to engage in the solid waste, garbage, rubbish and/or recyclables collection business within the township.

(Ord. No. C-790-B, § 8, 2-5-24)

In addition to any other fees required in this article, prior to issuance or renewal of a license, the licensee shall pay a hazardous waste fee in an amount established by resolution of the township board, which is to be used by the township to provide household hazardous waste collection days, with the amount to be paid by each licensee to be in proportion to the number of residential customers they are serving when compared to the total number of residential customers being served in the township by all licensees.

(Ord. No. C-790-B, § 8, 2-5-24)

Each licensee shall provide and maintain a performance bond with the township in an amount and form to be established by resolution of the township board, which shall be to ensure compliance with the provisions of this chapter and the license, and the performance of paid for services to customers with the amount of the bond to be in proportion to the number of residential customers they are serving when compared to the total number of residential customers being served in the township by all licensees, which shall be payable to the Charter Township of West Bloomfield, for its benefit and in trust for those customers.

(Ord. No. C-790-B, § 8, 2-5-24)

Violations of this article III shall be punishable as municipal civil infractions, with each provision violated and each day on which a violation occurs constituting a separate offense. The penalty for each violation of this article shall be a civil fine of five hundred dollars ($500.00) with the violator also subject to costs, damages, expenses, collection, and prosecution as provided in subsection 1-10(b) of this Code.

(Ord. No. C-790-B, § 8, 2-5-24)

1.

The township board finds that the promotion of recycling and composting is necessary to reduce the generation of solid waste. The separation, collection, and proper utilization of recyclables and compostables in the township will:

a.

Minimize the adverse environmental impacts of landfilling by reducing the need for landfills and conserving existing landfill space.

b.

Will facilitate the implementation and operation of other forms of resource recovery.

c.

Will conserve natural resources and will reduce solid waste costs in general.

2.

The promotion and use of recyclable materials, goods produced from recyclable materials and goods which facilitate recycling will further serve the same purposes by encouraging and facilitating recycling and composting.

(Ord. No. C-790-B, § 8, 2-5-24)

There is hereby established within the township a program for the separate collection of compostables, commingled recyclable materials and refuse from all residential properties by all refuse haulers which are operating within the township boundaries. Such collection shall occur in a manner and on the schedule provided to the township by each hauler.

(Ord. No. C-790-B, § 8, 2-5-24)

The following definitions shall apply to this article:

Aerobic conditions means conditions in which oxygen is found in supply adequate to support organisms which require oxygen to survive.

Anaerobic conditions means conditions in which oxygen is either absent or in such short supply that organisms which require oxygen to survive are no longer able to survive.

Commingled means source-separated recyclable materials that have been mixed at the site of generation and placed in the same approved container for curbside pickup.

Compost means the humus-like by-product of the composting process which may be used as a soil conditioner.

Compost bin means a freestanding structure into which compostables are placed.

Compost pile means an area in which composting takes place.

Compostables means yard waste and household compostables which are allowed to be placed in a compost pile.

Composting means the biological treatment process by which microorganisms decompose the organic fraction of yard waste and other compostables.

Curbside means the designated physical location for placement of solid waste for collection which is as near as possible to the traveled street to minimize walking or reaching requirements of haulers.

Household compostables means organic fruit and vegetable material which is produced incidental to the preparation of food for human consumption, not to include any animal, fish or fowl waste, fat, or meat.

Leaves means deciduous and coniferous, nonwoody seasonal depositions from trees, vines, and shrubs.

Newspaper means all newsprint and materials which are part of a newspaper only, not including inserts.

Plastic means any number of synthetically produced compounds used as containers for various goods and various other uses.

Recycle means the act of removing recyclable materials from refuse.

Site of generation means any premises within the township in or on which solid waste, garbage, refuse, recyclable materials, or compostable materials is generated by any person or business.

Yard waste collection season means the period each year as specified by duly published resolution of the township board.

(Ord. No. C-790-B, § 8, 2-5-24)

(a)

All compostables and recyclables placed at the curbside for collection shall be prepared for collection in accordance with the requirements of this article together with the special requirements as may be set by published resolution of the township board.

(b)

The recyclables metal, glass and plastics shall be rinsed and cleaned as required to allow for placement in approved containers at the curbside for collection. All newspapers and other acceptable paper products will be placed in paper bags or tied in bundles weighing not more than fifty (50) pounds.

(c)

All compostables shall also be properly prepared for collection. Twigs and shrub clippings shall be tied in bundles of no more than four (4) feet in length, nor more than fifty (50) pounds in weight. All other yard waste shall be placed in a container or bag clearly marked or stickered with the words "YARD WASTE," which allows for obvious identification of the contents as compostable materials.

(Ord. No. C-790-B, § 8, 2-5-24)

The authorized refuse hauler of the township may refuse to collect recyclables or compostables from any premises which has failed to source-separate refuse from recyclables or compostables and/or has failed to place them in approved containers for recycling or composting and/or has failed to prepare recyclables or compostables as specified in this chapter.

(Ord. No. C-790-B, § 8, 2-5-24)

Designated recyclable materials placed at the curbside in accordance with this article shall become the exclusive property of the licensed hauler contracted to collect recyclable materials. There shall be a presumption that the occupier or owner of the premises intended to recycle or compost the material under this article if the material is placed at the curbside. It shall be unlawful for any person, not duly authorized by the township, to collect, remove, pick up, or cause to be collected, removed, or picked up, any such material.

(Ord. No. C-790-B, § 8, 2-5-24)

All composting done on residential properties within the township shall be done in accordance with the following standards and conditions:

(1)

Each compost bin shall be no larger in volume than one hundred sixty (160) cubic feet and shall be no taller than five (5) feet in height unless a larger bin is approved by the director of planning and development services based upon demonstration that the size and location will not be objectionable to area residents.

(2)

No more than two (2) compost bins may be located on any lot.

(3)

No compost bins may be located on any vacant lot or lot not containing a principal structure unless the property is owned in common with an immediately adjacent lot which is improved with a principal structure.

(4)

All compost piles/bins shall be maintained so as to prevent the attraction or harborage of rodents.

(5)

All compost piles/bins shall be maintained so as to prevent anaerobic conditions which lead to unpleasant odors.

(6)

Compost/piles shall have only yard waste and household compostables placed within, and it shall be violation of this article to deposit garbage or refuse in compost piles/bins.

(7)

All composting shall be done in accordance with any process that has been determined in writing to be an acceptable composting process by either the Oakland County Cooperative Extension Service or the Michigan Department of Natural Resources.

(8)

Compost piles/bins shall be set back from any public street or thoroughfare (but excluding alleys) a distance not less than the setback of the existing principal structure from such street or thoroughfare subject to applicable zoning regulations.

(9)

Compost piles/bins may be located in any rear yard (front yard for lakefront properties); provided, that it shall be located not less than three (3) feet from any lot line and provided, further, that it shall be located not less than ten (10) feet from a rear lot line where such line abuts the side yard of an adjacent lot, subject to applicable zoning regulations.

(10)

Compost piles/bins may be located in any interior side yard; provided, however, that it shall be located not less than ten (10) feet from any abutting side yard of any adjacent property, subject to applicable zoning regulations.

(11)

Notwithstanding any other provision of this article, no compost pile/bin shall be located within any natural water feature, including, but not limited to, wetlands, floodplains, watercourses or waterbodies, nor within twenty-five (25) feet of such natural water feature unless it is the determination of the director of planning and development services that no alternative location exists and that the proposed location would not be detrimental to the quality or function of such natural water feature.

(12)

Notwithstanding any other provision of this article, no compost pile/bin shall be located on any recorded drainage easement or swale, nor shall any compost pile/bin be placed or located in such a manner as to interfere with or impede the natural flow of drainage off of or across any existing lot or property.

(Ord. No. C-790-B, § 9, 2-5-24)

Any compost pile/bin existing on the date this article is adopted that does not comply with either the size limitations, the minimum setback requirements set herein, or with the prohibition against placement of a compost pile/bin in a recorded drainage easement, swale or natural water feature or any combination thereof, shall be a nonconforming pile/bin. Such nonconforming pile/bin shall be permitted to exist until December 1, 1993; provided, however, that the pile/bin is not altered or changed in any way to increase any nonconformity. On or before December 1, 1993, all such nonconforming piles/bins shall be relocated and/or modified as necessary so that such pile/bin is in total compliance with this article. As to such nonconforming pile/bin, all other provisions of this article shall be complied with as of the effective date of this article.

(Ord. No. C-790-B, § 9, 2-5-24)

It shall be unlawful to dump or place any landscape waste on any premises or property in the township without the written consent of the owner of such premises or property and then only in accordance with the provisions of this article. It shall be unlawful to dump or place any yard waste on any parkway, street, alley, or property owned by the township except for the purpose of being picked up by a licensed hauler and then only in accordance with established ordinances of the township.

(Ord. No. C-790-B, § 9, 2-5-24)

It shall be the duty of both the owner(s) and occupant(s) of any property on which composting is taking place, or on which a compost pile/bin is located, to ensure that such composting is being done and the compost pile/bin is being maintained in full compliance with all provisions of this article.

(Ord. No. C-790-B, § 9, 2-5-24)

It is hereby declared a nuisance to engage in composting or to maintain a compost pile/bin other than in full compliance with the provisions of this article.

(Ord. No. C-790-B, § 9, 2-5-24)