Sec. 4305.
Instead of owning and operating a sewer system and sewage disposal plant, transfer station, garbage or refuse collection, processing, and disposal plant or system as provided in section 4301, a local unit of government may grant a franchise for a period not to exceed 30 years to a private corporation organized under, or authorized by, the laws of this state to engage in such business, to build, construct, own, and operate a sewage or garbage and refuse processing or disposal system for the purpose of receiving and treating sewage and night soil, refuse, and garbage from the local unit or units of government. The franchise may authorize the corporation to charge each person owning property, from which the sewage, refuse, or garbage is received, a fee determined to be reasonable by the public service commission of this state, upon proper application made either by the corporation or local unit or units of government, and after holding a public hearing. The franchise may also grant to the corporation the right and privilege to provide collection services and to lay all intercepting and other sewers and connecting pipes in the streets and public alleys of the local unit or units of government as are necessary to receive, transfer, and conduct the sewage, garbage, or refuse to the processing or disposal plant and under reasonable rules, regulations, and supervision as are established by the local unit or units of government. The franchise is void unless approved by 3/5 of the electors of the local unit or units of government voting at a general or special election. This franchise shall not duplicate existing private solid waste management services or facilities that have been developed under part 115.
History: 1994, Act 451, Eff. Mar. 30, 1995 Popular Name: Act 451Popular Name: NREPA
Structure Michigan Compiled Laws
Chapter 324 - Natural Resources and Environmental Protection
Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106)
Article II - Pollution Control (324.3101...324.21563)
451-1994-II-1 - Chapter 1 Point Source Pollution Control (324.3101...324.6539)
Section 324.4302 - Waterworks Systems, Sewers, and Disposal Plants; Mortgage Bonds.
Section 324.4304 - Mortgage Bonds; Manner of Payment; Sinking Fund.
Section 324.4305 - Sewers and Disposal Plants; Granting Franchise to Private Corporation.
Section 324.4307 - Sewage System, Solid Waste Facility, or Waterworks System; Bonds Generally.
Section 324.4309 - Construction of Part.
Section 324.4310 - Waterworks Systems, Sewers, or Disposal Plants; Court Proceedings.
Section 324.4312 - Local Units of Government; Contract Power; Approval.