§ 54-182. 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Hazardous waste as defined in the Solid Waste Disposal Act, 42 USC 6907 et seq., as amended, replaced or superseded, and the regulations implementing the same;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the disposal of which is regulated by the Toxic Substance Control Act, 15 USC 2601 et seq., as amended, replaced or superseded, and the regulations implementing the same;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.

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.

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.

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.

(Ord. No. 11-838, § 1, 9-12-11; Ord. No. 11-839, § 1, 12-20-11)