CHAPTER 118

RESIDENTIAL WASTE HAULERS

 

118.01   License required

118.02   Collection without license prohibited

118.03   Suspension or revocation

118.04   Duration

118.05   Application

118.06   Conditions of license

118.07   Recycling requirements

118.08   Monthly report; inspection

118.09   Authority to promulgate rules

 

118.99   Violations; penalties

 

§ 118.01  LICENSE REQUIRED.

 

Every person engaged in the business of residential waste hauling within the city shall obtain a residential waste hauling license. Such license shall be issued by the City Clerk in accordance with the requirements of this chapter.

(Ord. 1853, passed 6-20-94) Penalty, see § 118.99

 

§ 118.02  COLLECTION WITHOUT LICENSE PROHIBITED.

 

No person shall collect residential waste, or advertise such services, within the city without having a valid license issued under this chapter.

(Ord. 1853, passed 6-20-94) Penalty, see § 118.99

 

§ 118.03  SUSPENSION OR REVOCATION.

 

All licenses or permits issued pursuant to the provisions of this chapter shall be suspended or revoked, and all refusals to issue a license or permit shall be made, as a result of a violation of any of the provisions of this chapter.

(Ord. 1853, passed 6-20-94)

 

§ 118.04  DURATION.

 

Each residential waste hauling license shall expire on April 30 of each year unless renewed in accordance with this chapter. 

(Ord. 1853, passed 6-20-94)

 

§ 118.05  APPLICATION.

  1. The application for and renewal of a residential waste hauling license shall include the following information:

  1. Name and phone number of the business operating the vehicles;

  2. The name of the manager of the business;

  3. The address of the business;

  4. Type of each collection vehicle (that is, pickup, dump truck, semi);

  5. Proof of current general and automobile liability insurance in the form of a certificate of insurance issued by an insurance company licensed to do business in the State of Illinois in the amounts required by state law, by Vehicle Identification Number of each collection vehicle;

  6. If the applicant is or will be collecting on a regular basis from free-standing residential units of four (4) units or less, a description of how and by whom recyclables will be collected.

  1. The licensee shall notify the city in writing within fourteen (14) days following a change in any information contained in the licensee's application.

(Ord. 1853, passed 6-20-94)

 

§ 118.06  CONDITIONS OF LICENSE.

 

All persons required to have a license under this chapter shall comply with the following conditions:

  1. All licensees must provide an integrated service combining and including a minimum of weekly curbside refuse collection and bi-weekly recyclable collection. Neither service may be made available individually.

  2. All vehicles used for residential waste hauling shall display the license upon the vehicle as directed by the Public Services Director.

  3. Every vehicle utilized by a person required to have a license under this chapter and used for the transfer of residential waste through the streets of the city shall have and utilize a water-tight bed or receptacle having a closed cover and be so constructed that no portion of the waste conveyed therein shall be scattered or left in or upon the sidewalks, streets, alleys, or public grounds of the city.

  4. No person required to have a license under this chapter shall deposit or store any residential waste, when collected, within the corporate limits of the city.

  5. No vehicle used for the collection of residential waste by a person required to have a license under this chapter shall be allowed to become offensive to the sense of smell of a person of ordinary sensibilities. Such vehicle shall be cleaned inside and out at regular intervals.

  6. Every vehicle utilized by a person required to have a license under this chapter hauling garbage or putrescible rubbish must be evacuated of its contents within twenty four (24) hours of the deposit of such garbage or putrescible rubbish.

  7. No vehicle utilized by a person required to have a license under this chapter shall be parked overnight in or adjacent to residential areas outside of an enclosed structure. If a vehicle licensed under this chapter is stored in a residential district within an enclosed structure, the owner of the vehicle shall have a rodent-control plan approved by and on file with the Public Services Director.

  8. No person required to have a license under this chapter shall transfer residential waste from one vehicle to another vehicle on any city street or in such a manner as to cause the release of waste on to any property.

  9. Any person required to be licensed by this chapter shall maintain in full force and effect general liability insurance, vehicle liability insurance, worker's compensation insurance, and unemployment insurance with insurance companies licensed to do business in the State of Illinois in the amounts required by state law. Upon request of the city, such a person shall produce evidence of such coverage.

  10. Upon request by the city, any person required to have a license under this chapter shall provide the city, in writing, with schedules of rates in effect at the time of the request.

(Ord. 1853, passed 6-20-94) Penalty, see § 118.99

 

§ 118.07  RECYCLING REQUIREMENTS.

 

All persons who provide residential waste hauling services to free-standing residential units of four (4) units or less must provide the following:

  1. Pick up of recyclable materials, including at least newsprint, clear glass jars or bottles, tin cans, aluminum cans, steel cans, and HDPE No. 1 and No. 2 plastic containers; and

  2. Once collected, all recyclables must be processed for transfer to the secondary materials market by either the hauler or a material recovery center; and

  3. Recycling services shall not be separately priced.

(Ord. 1853, passed 6-20-94) Penalty, see § 118.99

 

§ 118.08  MONTHLY REPORT; INSPECTION.

  1. Every licensee shall file a monthly report with the Public Services Director and Tazewell County Recycling Coordinator in a form designated by the Public Services Director which states as follows:

  1. How much of each recyclable material was collected; and

  2. Where and to whom the recyclable material was disposed, or if stored, where stored. If stored, such licensee shall store the recyclables under conditions which will not degrade the quality of the recyclable materials.

  1. Such reports shall be signed under penalties of perjury.

  2. The licensee shall provide certification by the recycling processor of the quantity of recyclables which have been delivered.

  3. The licensee shall admit, for the purpose of making an inspection, any officer or employee of the city who is authorized or directed to make such inspection at any reasonable time that such admission is requested for the purpose of insuring compliance with this chapter. Such right of inspection shall extend to the place of first delivery of recyclables.

(Ord. 1853, passed 6-20-94) Penalty, see § 118.99

 

§ 118.09  AUTHORITY TO PROMULGATE RULES.

  1. The Public Services Director is empowered to promulgate rules for the following purposes:

  1. To designate acceptable areas along or upon city rights-of-way for the deposit for pickup of recyclable material;

  2. To promulgate such other rules relative to recycling as are reasonably necessary to protect health, safety, and welfare; and

  3. To designate procedures or forms necessary to fulfill the requirements of this chapter.

  1. Such rules may be adopted and/or amended from time to time by the Public Services Director and such rules and regulations or amendments shall be deemed effective thirty (30) days after the date of written notification to the City Council of such amendments unless the City Council shall disapprove of all or any such rules and regulations or amendments within such thirty (30) day period.

  2. No person shall violate any rules promulgated by the Public Services Director which have been approved or deemed approved pursuant to division (B) above.

(Ord. 1853, passed 6-20-94)

 

§ 118.99  VIOLATIONS; PENALTIES.

  1. In addition to the revocation or suspension provided for in § 118.03 above, any person who violates any provision of this chapter shall be subject to a fine of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) for each offense. Each day any violation of this chapter shall continue shall constitute a separate offense.

  2. The suspension or revocation of a residential waste hauler's license by the city or fine imposed by the city in an administrative hearing shall not be considered a recovery or penalty so as to bar any court-imposed fine from being enforced.

(Ord. 1853, passed 6-20-94)