(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
MULTI-FAMILY PROPERTY. A property consisting of one or more multi-family structures.
MULTI-FAMILY STRUCTURE. A building with more than four residential living units which is not included in the city alley refuse, recyclables and landscape waste collection and disposal service.
OWNER. Any person, corporation, partnership or other entity, such as a condominium or homeowner’s association, jointly or severally having an ownership interest in a multi-family property or otherwise being responsible for solid waste collection.
PRIVATE SCAVENGER. Any person, firm or corporation engaged in the removal of solid waste, compostable material and/or recyclable material from any location within the city not covered by either an exclusive collection contract between the city and a contracted hauler or a franchise agreement between the city and a franchised hauler.
RECYCLABLE MATERIAL. Material which would otherwise be abandoned or discarded, but which can be utilized in the secondary material market.
RECYCLING. The process by which materials that would otherwise be disposed of or discarded are collected, separated or processed and returned to the economic mainstream in the form of raw materials or products.
SOURCE SEPARATION. A process that separates recyclable material from other refuse prior to collection for the purpose of recycling the materials.
(B) On-Site Multi-Family Structure Recycling Program.
(1) Program requirements.
(a) All multi-family properties, as defined above, shall be required to institute an on-site recycling program, with collection of recyclable materials to be no less than one pickup per week.
(b) The program shall be instituted on a multi-family property by July 1, 1995.
(c) Multi-family property owners may contract for recycling and refuse services with a private scavenger, duly licensed by the city. Multi-family property owners shall be billed for recycling and refuse services directly by the private scavenger.
(d) An acceptable recycling program shall include but is not limited to the following components:
1. Siting and design of common area collection areas for recyclable materials;
2. Recyclable materials collection;
3. Provision of common area recycling containers;
4. Data collection and reporting;
5. Educational campaign and materials; and
6. Recycling program administration and maintenance.
(2) Specific requirements.
(a) Recycling collection areas for residents shall be conveniently located and maintained within common areas in or near the buildings and shall consist of separate containers for the purpose of temporary storage of recyclables. Whenever possible, recycling containers should be placed adjacent to common area solid waste collection containers.
(b) Indoor common area collection/storage areas shall be established in accordance with appropriate City Fire and/or Safety Codes.
(c) Exterior storage areas for recyclables shall be established in accordance with city requirements for solid waste enclosures.
(d) The multi-family property owner shall maintain all recycling areas, including containers, in a clean, sanitary and litter-free manner.
(e) On-Site Multi-Family Structure Recycling Programs are required to offer collection of the same recyclable materials collected through the city residential recycling program, as contained in the exclusive contract or franchise agreement.
(f) Recyclable materials must be source-separated from other solid waste prior to collection for the purpose of recycling the materials. Separate collection containers and collection vehicles shall be employed.
(g) The minimum gallon amount of recycling container capacity (total weekly base recycling container capacity) that an owner shall provide weekly for each structure shall be based on the following formula:
(7 gallons x number of studio and 1-bedroom units) + (8 gallons x number of 2-bedroom units) + (9 gallons x number of 3-bedroom or more units) = total base weekly recycling container capacity |
The weekly base recycling container capacity may be met by a combination of container sizes and number of pickups, such as containers totaling half the base capacity picked up twice a week. Capacity per structure may be shifted within the multi-family property if necessary, as long as the total required capacity is met. |
(h) The licensed, contracted or franchised private scavenger providing the on-site recycling collection service shall be responsible for furnishing, maintaining and replacing all common area recycling containers and collection vehicles which are deemed necessary in the recycling program. The private scavenger shall be responsible for the collection, intermediate storage or transfer, transportation and sale of recyclable materials to a processor, broker or market desired for reuse of materials.
(i) Multi-family property owners shall notify residents of the availability of recycling services through a formal and ongoing educational campaign and shall use their best efforts to gain and maintain participation in the program.
(j) No unauthorized person shall remove or damage any recyclable materials placed in designated containers or the containers themselves. Title to the recyclable material shall pass to the private scavenger when the materials are placed into the collection vehicle.
(C) Recyclable materials collection requirements for private scavengers.
(1) License required. All private scavengers desiring to receive a scavenger license to collect solid waste, compostable material and/or recyclable material from multi-family properties in the city must comply with all applicable federal, state, county and local laws, ordinances, rules and regulations. As a condition of receiving, renewing and maintaining a scavenger license to collect solid waste, compostable material and/or recyclable material from multi-family properties within the city, each licensee or applicant for the license shall:
(a) Obtain all permits and licenses required by federal, state and county laws, ordinances, rules and regulations and maintain the same in full force and effect;
(b) Submit to the city a list of the multi-family properties it serves within the city’s jurisdiction; and
(c) 1. Provide collection and recycling services for any multi-family property owner who requests the services in accordance with the On-Site Multi-Family Structure Recycling Program requirements set forth in division (B) hereof.
2. Failure to comply with the above provisions shall result in a denial of receiving, renewing or maintaining a scavenger license until a time as the applicant complies with all provisions set forth in this division.
(2) Reporting requirements.
(a) Each licensed private scavenger, exclusive contractor or franchised hauler shall submit a quarterly report to both the multi-family property owner(s) or his, her or their designee, and the city and/or its designee, that contains the following information:
1. The total weight or volume of refuse collected from the multi-family properties that the person serves within the city;
2. The total weight or volume of yard waste collected from multi-family properties that the person serves within the city;
3. The total weight or volume of recyclable materials collected from the multi-family properties that the person serves within the city; and
4. A summary of recycling services provided to each multi-family property, to be submitted only on an annual basis with the fourth quarter report.
(b) Quarterly reports submitted to the multi-family property by the licensed private scavenger shall only pertain to that property’s activity.
(c) Quarterly reports submitted to the city shall contain aggregate totals concerning the information listed above for all multi-family properties that the licensed private scavenger serves within the city’s jurisdiction.
(d) 1. Reports shall be due no later than 15 days after the close of each quarter. As used in this division,
QUARTER shall be defined as follows: first quarter means January 1 through March 31; second quarter means April 1 through June 30; third quarter means July 1 through September 30; and fourth quarter means October 1 through December 31.
2. Reports shall follow the format prescribed by the city.
(e) The information shall be considered exempt from the State Freedom of Information Act (ILCS Ch. 5, Act 140,
§§ 1—11
) disclosure by the city or its designee upon assertion as to its proprietary nature by the licensed private scavenger. The city or its designee shall only report the information in the form of statistics and/or volume totals for all multi-family properties in the city. No specific information on individual licenses shall be divulged.
(f) The city and/or its designee shall have the right to inspect and examine the licensed private scavenger’s records pertaining to the collection and disposal or processing of refuse and recyclables upon request and with reasonable notice. The city or its designee shall further have the right to require the reporting of other data or information relative to the recycling program from time to time.
(g) All reports, data and information, once received by the city or its designee, shall become the property of the city, to be used as it shall determine without obligation to any person, firm or corporation.
(h) Failure to submit any required report to the city or its designee shall be grounds for the revocation of the business license and/or franchise agreement until a time as the licensed private scavenger or franchised hauler complies with the requirements set forth in this section.
(3) Implementation and continuation of program required. Implementation of On-Site Multi-Family Structure Recycling Programs shall be required as stated in division (B)(1)(b) hereof. The recycling programs shall be maintained in effect regardless of any change of building ownership or private scavenger service. Multi-family property owners shall be required to notify the city in writing within 30 days after a change in their choice of private scavenger.
(Ord. 95-14, passed 4-11-1995)