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O-737-92 05/26/92ITEM VI.B. VILLAGE OF LEMONT ORDINANCE NO. 737 REFUSE CONTROL REGULATIONS ORDINANCE ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT This c b day of , 1992. Published in pamphlet form by authority of the President and Board of Trustees of the Village of Lemont, Cook, Will and DuPage Counties, Illinois, this glpday of , 1992. ORDINANCE NO. '73.7 REFUSE CONTROL REGULATIONS ORDINANCE BE IT ORDAINED by the President and Board of Trustees of the Village of Lemont, Counties of Cook, Will and DuPage, State of Illinois, that Chapter 5.68 of the Lemont Municipal Village Code entitled "Scavengers" be replaced in its entirely and replaced with Sections 5.68.01 through 5.68.210 as specifically set forth hereafter and to be known as "Refuse Control Regulations ". CHAPTER 5.68 REFUSE CONTROL REGULATIONS 5.68.010 DEFINITIONS. As used in the Ordinance, the words "garbage," "refuse, "recyclable materials," "recyclable material program area," "recycling bins," "landscape waste tag," and "landscape waste unit," and "plastics" have the following meanings: Garbage - wastes resulting from the handling, preparation, cooking, and consumption of food; wastes from the handling, storage and sale of produce. Refuse - Combustible trash, including but not limited to paper, cartons, boxes, barrels, wood, excelsior, wood furniture, bedding; non - combustible trash including but not limited to metals, concrete, glass, crockery, other mineral wastes; street rubbish, including but not limited to street sweepings, dirt, catch -basin dirt, contents of litter receptacles -- provided refuse shall not include solid wastes resulting from industrial processes and manufacturing operations such as food processing, wastes, boiler house cinders, lumber from lumber processing, scraps and shavings. Notwithstanding anything contained herein above to the contrary, the term "refuse" shall not be deemed to include recyclable material or landscape waste. Recyclable Materials - Newsprint, aluminum cans, glass, plastics and tin cans. Recyclable Material Program Area - All residential housing units within the Village which receive curbside pickup of refuse. Such residences shall be included within the Recyclable Material Program Area regardless of which scavenger provides refuse pickup at any such residence. Recycling Bins - Village owned rectangular containers which are yellow in color and contain the Village Name. Recycling bins are supplied by the Village and are used for the purpose of collecting recyclable materials. Recycling Bags - Plastic bags which are provided by a scavenger for the purpose of segregating recyclable materials from refuse. Such bags must be clearly identified as containing recyclable material to prevent accidental pickup as refuse material. Landscape Waste - All accumulations of grass or shrubbery cuttings, leaves, tree limbs and other materials accumulated as the result of the care of lawns, shrubbery, vines and trees. Landscape Waste Tag - Tag or sticker in a form authorized by a licensed scavenger which evidences payment of the user fee imposed by the scavenger for the collection and disposal of a landscape waste unit. Landscape Waste Unit - May be either of the following: (a) landscape waste packaged in one (1) Kraft paper bag not exceeding thirty (30) gallons of capacity; or (b) one (1) bundle of brush, vines and /or branches (any limbs or branches shall not exceed two inches (2 ") in diameter) not exceeding two feet (2') in diameter and four feet (4') in length. Said bundle to be securely tied only with a string (biodegradable only). Securing with plastic or wire is prohibited. Plastics - May be either High Density Polyethylene (HDPE) such as that used in milk, water and juice bottles, detergent bottles, and margarine tubs, or Polyethylene Terephthalate (PET) such as that used to package soft drinks and for some edible -oil bottles, and liquor bottles. 5.68.020 UNCOVERED GARBAGE. It shall be unlawful to place or permit to remain anywhere in the Village any garbage, refuse, ashes, recyclable materials or other material subject to decay, other than leaves or grass, except in an appropriate covered or otherwise sealed container. 5.68.030 WIND -BLOWN REFUSE. It shall be unlawful to cause or permit to accumulate any dust, ashes, recyclable materials or trash or any material anywhere in the Village except in an appropriate covered or otherwise sealed container so that it cannot be blown away by the wind. 5.68.040 DEPOSITS ON STREETS. It shall be unlawful to deposit or permit to fall from any vehicle any garbage, refuse, ashes or recyclable materials on any public street or alley in the Village; provided, that this section shall not be construed to prohibit placing garbage, refuse, ashes or recyclable materials in an appropriate container preparatory to having such material collected and disposed of in the manner provided herein. 2 5.68.050 DUMPING PROHIBITED. It shall be unlawful to dump or place any garbage, refuse, ashes or recyclable materials on any premises in the Village. 5.68.060 DISPOSAL. It shall be unlawful to dispose of any garbage, refuse, ashes or recyclable materials anywhere in the Village except by placing the same in appropriate containers for collection by approved garbage disposal contractors or private scavenger service. 5.68.070 PLACEMENT OR COLLECTION - TIME LIMIT. It shall be unlawful to deposit or place any garbage, refuse, ashes, or recyclable materials for collection in the Village more than 24 hours in advance of the time when such collection is scheduled with a garbage disposal contractor or private scavenger service. 5.68.080 LICENSE REQUIRED. It shall be unlawful for any person to engage in the scavenger business or in the collection or disposal of garbage, refuse or any other animal waste, recyclable material or landscape waste, without first having obtained a license therefore (hereinafter collectively referred to as a scavenger or scavenger business). 5.68.090 LICENSE APPLICATIONS. Applications for a license shall be made to the Village Clerk upon such forms and supplying such information as the Village Clerk may from time to time reasonably require for applications. The Village Clerk shall refer all applications for scavenger licenses to the Village Administrator for review to determine compliance with this Ordinance and to insure that the granting of such license would tend to further the health, safety and welfare of the residents of the Village. 3 5.68.100 LICENSE FEES. The annual fee for such a license to engage in the business of being a scavenger shall be One Thousand Dollars ($1,000.00). 5.68.110. LICENSE TERM. Each license granted hereunder shall be an annual license, based on the Village's fiscal year, the term of which shall commence on May 1 of any given year and continue until April 30 of the following year. The annual license fee required hereunder shall be paid in full with no pro- ration or abatement based on the date of any application for a scavenger license. 5.68.120 INSURANCE REQUIRED. Any scavenger licensed under this Chapter shall provide the Village Clerk with evidence that the scavenger has currently in force adequate workers compensation insurance and a policy of general liability insurance with a limit not less than one million dollars ($1,000,000). Each scavenger licensed hereunder shall indemnify and hold the Village, its officers, employees, agents, departments and agencies harmless from and against claims for damages arising by reason of any contract or the performance or non - performance of the scavenger service hereunder or by reason of any act or omission of such scavenger. The Village Clerk shall require any insurance indicating the insurance required hereunder shall be in force during the term of the license, said certificate to further reflect that the Village, its officers, employees, agents, departments and agencies shall be additional named insured parties thereunder and that such insurance cannot be non - renewed or terminated without at least thirty (30) days advance written notice to the Village. 5.68.130 DENIAL, SUSPENSION AND REVOCATION PROCEDURE; HEARING Any application for a Scavenger Business License may be denied or an existing Scavenger Business License may be suspended or revoked in accordance with this Section for the violation by the applicant or licensee of any Ordinance provision relating, directly or indirectly, to the Scavenger Business License, the subject of the Scavenger Business License or the premises occupied. The denial, suspension or revocation may be in addition to any fine imposed and shall be in accordance with the procedures set forth below. If the Village Administrator finds any cause listed in below, the Administrator shall recommend to the Village Board the denial, suspension or 4 revocation of the Scavenger Business License pending the hearing required below. A. Notice of Denial, Suspension or Revocation Within seven (7) days after the denial of a Scavenger Business License, the Village shall notify the applicant, by mail, of the action taken. If the applicant desires a hearing on the denial, notification must be forwarded to the Village Administrator by certified or registered mail, return receipt requested, within seven (7) days of the mailing of the original notice sent by the Village. Whenever the Village initiates the suspension or revocation of a Scavenger Business License, it shall notify the licensee by mail. Such notice shall indicate the alleged basis for suspension and /or revocation and the date, time and place where the Village will hold a hearing thereon. The Village Board will hear the request for suspension or revocation and render a recommendation at the next regularly scheduled meeting of the Board. B. Hearing Within ten (10) days after the Village Administrator has received a proper request for a hearing on the denial of a Scavenger Business License, the matter shall be scheduled for the next regularly scheduled Village Board Meeting. C. Notice of Hearing Notice of the hearing for denial, suspension or revocation of a Scavenger Business License shall be given to the applicant, licensee or permittee, in writing, setting forth specifically the grounds therefor and the time, date and place of the hearing pursuant to (A) above. The notice shall be sent to the applicant or licensee at his last known address or at the address indicated on the latest application for a Scavenger Business License. D. Causes for Denial, Suspension or Revocation Scavenger Business Licenses applied for or issued under the ordinances of the Village, unless otherwise provided, may be denied, suspended or revoked (as the case may be) for any of the following causes: 1. Any fraud, misrepresentation, or false statement contained in the petition for the Scavenger Business License; 2. Any violation by the Scavenger business License holder of Ordinance provisions relating directly or indirectly to the Scavenger Business License; 3. Failure of the Scavenger Business Licensee to pay any 5 fine or penalty owing to the Village; 4. Refusal to permit an inspection or sampling by the Village or any interference with a duly authorized Village officer or employee while in the performance of his or her duties in making such inspection; 5. If an application for a Scavenger Business License has been denied, or a license has been revoked, the applicant or holder may not seek another Scavenger Business License from the Village earlier than 12 months after the final denial or revocation. E. Suspension A Scavenger Business License that has been suspended may be reinstated by the Village upon proper request by the licensee, if the terms and conditions established by the Village Board for such reinstatement are met. 5.68.100 RECYCLABLE MATERIAL PROGRAM. A. Program Summary The Village has determined that it is in the best interests of its residents and in furtherance of the public health, welfare and safety to institute a program for the recycling of recyclable material within the Recyclable Material Program Area. Any firm which is licensed to engage in the scavenger business and which provides garbage and refuse collection within the Recyclable Material Program Area must participate in the Recyclable Material Program. The Recyclable Material Program includes the weekly collection of recyclable materials by the scavenger at the curbside, which is separate from the normal collection of refuse but which must be collected on the same day as the normal collection of refuse, using trucks and equipment specifically designed for the collection of recyclable materials. Sub - contracting the Recyclable Material Program shall be permissible under the license granted to the scavenger. Scavengers providing the collection of refuse within the Recyclable Material Program Area shall identify the portion of the customer charge applicable to refuse, with a separate identification of the customer charge applicable to recycling. If no recycling charge is applicable, the billing shall indicate "no charge" or a comparable phrase. A scavenger shall terminate the collection of refuse from any residence within the Recyclable Material Program Area which fails to pay promptly when due the recycling program charge. 6 Such termination shall be in the same manner as such scavenger would otherwise terminate service for failure to pay the customary residential collection rates of such scavenger. B. Materials Collected Scavengers must provide recycling of the following items. Newspaper, glass, aluminum cans, bi -metal cans and plastic. Scavengers may choose to add items to this list as market conditions warrant. 5.68.150 RECYCLING BINS /BAGS. The scavenger may utilize Village owned recycling bins for the collection of recyclable material, or recycling bags may be utilized when in conformance with the definition and requirements of this Ordinance. If the scavenger chooses to utilize Village -owned bins for recycling, the scavenger shall affix a label or other visible indicator upon the bin identifying the name of the hauler responsible for removing recyclables from that specific address. 5.68.160 NON - LICENSED SCAVENGING PROHIBITED. From time of placement of recyclables at the curb in recycling containers for collection in accordance with the Village's Recycling Program, items shall remain the property of the householder until such time as they are collected by a licensed scavenger hereunder. It shall be a violation of this Ordinance for any person unauthorized by the Village to collect or cause to be collected any such items. Any and each such collection in violation hereof from one or more locations shall constitute a separate and distinct offense punishable as hereinafter provided. 5.68.170 SCAVENGER'S RESPONSIBILITIES. The scavenger shall be responsible for the proper handling of all recyclable materials upon pickup from residents and shall be responsible for the sale of such recyclable materials. At no time shall the scavenger dispose of recyclable materials in a landfill with the prior written approval of the Village. The name, address and telephone number of major purchasers of recyclable material shall be provided to the Village upon application or renewal of the Scavenger Business License. 7 5.68.180 RECORD KEEPING. An accounting of the volume of recyclable materials collected and sold shall be maintained by the scavenger and reported to the Village on a monthly basis. In addition to the amount of recyclable waste collected, said monthly, quarterly and annual reports shall also include information as to resident participation rates. 5.68.190 LANDSCAPE WASTE PROGRAM. The Village has determined that it is in the best interest of its residents and in the furtherance of state law and the public health, welfare and safety to institute a program for the collection and disposal of landscape waste within the Village. The Landscape Waste Program includes the weekly collection of landscape waste units by the scavenger at the curbside which is separate from the normal collection of refuse but which must be collected on the same day as the normal collection of refuse, using trucks and equipment specifically designated for the collection of landscape waste. No person shall collect landscape waste within the Village unless licensed by the Village to engage in a scavenger business. It shall be unlawful for any person: (1) to mix landscape waste that is intended for collection or disposal at a landfill with any refuse; (2) to place for collection and pickup any landscape waste unless it is packaged as a landscape waste unit; (3) to place for collection and pickup any landscape waste unit not having affixed thereto a landscape waste tag. A reasonable fee may be imposed by the scavenger for the collection of each landscape waste unit within the Village. The payment of such user fees shall be evidenced by a landscape waste tag which shall be affixed to each landscape waste unit placed for collection and pickup. The property owner shall utilize the same scavenger for landscape waste who provides garbage and refuse pickup for that address. Any scavenger who violates any provision of this section shall be subject to license suspension or revocation proceedings under Section XIII hereof. 5.68.200 NO DUMPING. It shall be unlawful for any person to dump, deposit or place 8 any refuse, recyclable material and /or landscape waste upon real property owned by another without the consent of the owner or person in possession of such real property, and otherwise in conformance with all applicable regulations set forth in this chapter. 5.68.210 PENALTIES Any person who violates or neglects to comply with any provision of this Ordinance or any regulation promulgated pursuant thereto shall, upon conviction thereof, be punishable by a fine not to exceed five hundred dollars ($500.00). 9 All Ordinances or parts of Ordinances in conflict herewith shall be and the same are hereby repealed. The Village Clerk of the Village of Lemont shall certify to the adoption of this Ordinance and cause the same to be published in pamphlet form. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL AND DU PAGE, ILLINOIS, on this a(7 day of W2.V , 1992. AYES NAYS PASSED ABSENT Kenneth Bromberek t/ Barbara Buschman ul Bert Ercoli ✓ Richard Kwasneski William Margalus / Ralph Schobert (/ Approved by me this Attest: Yte Charlene M. Smollen, Village Clerk CHARLENE M. SMOLLEN, Village Clerk day of `i`) , 1992. 10 FO ZLEY, Vi ag�President