(a) Definitions. As used in this section:
"Backhauler" has the meaning ascribed to the term in Section 11-5-020.
"Construction and demolition debris" has the meaning ascribed to the term in Section 11-4-120.
"Disposal and Recycling Management Company" means any person engaged in the business of managing the removal and disposal of recyclable material, or grease, fats and oils, or table refuse or animal or vegetative matter usually known as garbage, or other wastes other than construction or demolition debris from any premises through the use of scavenger vehicles owned by another person. The term "Disposal and Recycling Management Company" does not include any person who qualifies as a "City-based business" pursuant to Section 2-92-412 or any person engaged in the business of managing the removal and disposal of recyclable material, or construction and demolition debris, or grease, fats and oils, or table refuse or animal or vegetative matter usually known as garbage, or other wastes from any premises pursuant to a contract with the City.
“Private scavenger” means any person engaged in the removal and disposal of recyclable material, or construction and demolition debris, or grease, fats and oils, or table refuse or animal or vegetative matter usually known as garbage, or other wastes, from any premises where the removal and disposal of such matter is not provided for by the City. The term “private scavenger” includes any Disposal and Recycling Management Company. The term “private scavenger” does not include any: (i) person who gathers, removes or disposes of garbage or other waste from such person’s own premises without the aid of a licensed private scavenger, if such person has received written permission to do so, in the form of a permit issued by the Commissioner of Streets and Sanitation, and such person gathers, removes and disposes of the aforementioned material in the manner specified in such permit; or (ii) person who removes manure from his own premises; or (iii) backhauler meeting the requirements of Article V of Chapter 11-5 of this Code.
"Recyclable material" has the meaning ascribed to the term in Section 11-5-020.
"Recycling container" has the meaning ascribed to the term in Section 11-5-020.
"Refuse container" means any commercial refuse container or compacter as defined in Section 7-28-210.
(b) Application – Additional information required. In addition to the requirements set forth in Section 4-4-050, an application for, and, if requested, renewal of, a regulated business license to engage in the business of private scavenger shall be accompanied by the following information:
(1) the number of scavenger vehicles that the applicant owns or intends to operate or use in connection with said business;
(2) the method of disposal and place of disposal of garbage or other waste being proposed by the applicant;
(3) a valid and current inspection approval license, issued by the State of Illinois for each scavenger vehicle used in the conduct of the business;
(4) in the case of an applicant that is a Disposal and Recycling Management Company, the name of each person the applicant intends to subcontract with for the removal and disposal of garbage or other waste, and proof establishing that each such person and all vehicles owned and operated by each such person comply with the provisions of this section and all other provisions of this Code and applicable regulations.
(c) License issuance and renewal – Prohibited when. No regulated business license to engage in the business of private scavenger shall be issued to the following persons:
(1) any applicant or licensee, as applicable, if such person has not obtained an inspection approval license meeting the requirements of subsection (b)(3) or (b)(4) of this article for each scavenger vehicle owned or used in the conduct of the business;
(2) any applicant or licensee, as applicable, if the Commissioner of Streets and Sanitation does not approve the adequacy of any recycling program required to be developed and made available by the private scavenger pursuant to subsection (e)(4) of this section;
(3) any applicant or licensee, as applicable, who fails to provide proof of compliance with requirements set forth in subsection (e)(5) of this section; or
(4) any licensee under this section who has failed to submit in a timely manner the annual recycling report required under Section 11-5-220 or who has submitted an incomplete report, until such time that the Commissioner of Streets and Sanitation notifies the Department that the annual recycling report required under Section 11-5-220 has been filed and is complete.
(d) Departmental duties.
(1) The Commissioner of Streets and Sanitation shall enforce the provisions of this section. Such Commissioner is authorized to (i) issue such reasonable orders in connection with carrying on the business of private scavenger as the Commissioner deems necessary to protect the health of the public; and (ii) to issue permits, subject to reasonable terms and conditions as determined by the Commissioner, to persons who desire, without the aid of a licensed private scavenger, to gather, remove or dispose of garbage or other waste from such person’s own premises.
(2) The Commissioner of Streets and Sanitation shall review and approve the adequacy of any recycling program required to be developed and made available by a private scavenger pursuant to subsection (e)(4) of this section.
(3) Along with every notice of violation of subsection (e)(12) of this section, the Department of Streets and Sanitation shall provide to the private scavenger a picture of the refuse or recycling container identified in such notice.
(4) If a licensee under this section uses a vehicle to conduct the business of private scavenger, the City Clerk shall issue to such person, at the time the license is issued, and any time a new vehicle is added to the licensee’s fleet, a metal plate or other emblem for each vehicle used to conduct such business. Such plate or emblem shall be stamped or plainly, marked with the words “Chicago Private Scavenger”. Provided, however, that no metal plate or other emblem shall be issued under this section for any vehicle used in said business unless such vehicle has been inspected by the Department of Streets and Sanitation, as evidenced by an inspection approval certificate issued by the Department for such vehicle. Provided further, that if the Commissioner of Streets and Sanitation notifies the City Clerk that a licensee under this section has failed to submit in a timely manner the annual recycling report required under Section 11-5-220 or has submitted an incomplete report, no metal plate or other emblem shall be issued or renewed under this subsection for any vehicle used in said business until such time that the Commissioner of Streets and Sanitation notifies the City Clerk that the annual recycling report required under Section 11-5-220 has been filed and is complete.
(e) Legal duties. Each licensee engaged in the business of private scavenger shall have a duty to:
(1) remove any recyclable material as defined in Section 11-5-020 or diseased or dead animal, offal, rubbish, garbage, dirt, street-sweepings or other filthy, offensive or noxious substance that the licensee has contracted or undertaken to remove with dispatch and, in every particular, in a manner as clean and free from offense and with as little danger and prejudice to life and health as possible;
(2) comply with any reasonable order issued by the Commissioner of Streets and Sanitation pursuant to authority granted to the Commissioner under subsection (d)(1)(i) of this section, and to perform the work required of such licensee in such a way that no public nuisance is created;
(3) register with the Commissioner of Streets and Sanitation, in the manner directed by the Commissioner, each and every scavenger vehicle operated in the City by the licensee;
(4) develop and make available to all refuse collection customers an effective recycling program as required by Chapter 11-5 of this Code. Any hauler may subcontract with a recycling service provider, transfer station or other waste control facility to meet these requirements. The program shall be in writing and shall describe the categories of materials to be recycled, the involvement of the scavenger’s or hauler’s customers in the program, and the means of recycling. Such program shall be reviewed and approved by the Commissioner of Streets and Sanitation. Included in that program shall be the specific measures required to ensure cooperation between the building manager and the municipal solid waste hauler;
(5) submit to the Commissioner of Streets and Sanitation an annual recycling report meeting the requirements of Section 11-5-220;
(6) replace any scavenger vehicle that becomes unsuitable for the purpose for which it was originally intended with a vehicle of a type acceptable to the Commissioner of Streets and Sanitation;
(7) notify the Commissioner of Streets and Sanitation if the licensee suspends service at any location within the City. Such notice shall be in a form specified by the Commissioner, and shall identify the licensed scavenger, the address of the location at which service has been suspended, and the name and nature of the business conducted at the location. The notice shall be delivered to the Commissioner within three days after suspension of service. Any person who violates this subsection shall be subject to a fine of not less than $200.00 nor more than $500.00 for each offense. Each day that a violation continues shall constitute a separate and distinct offense;
(8) obtain from the City Clerk, at the time the license is issued and any time a new vehicle is added to the private scavenger’s fleet of vehicles, a metal plate or other emblem for each scavenger vehicle used to conduct the licensed business, and conspicuously display such plate or emblem on each scavenger vehicle used in said business;
(9) provide refuse or recycling containers, as applicable, to customers, and paint or otherwise permanently affix on each such container the name and phone number of the licensee;
(10) upon suspension by a customer of any contract for private scavenger service, remove any refuse or recycling container provided to the licensee's customer within 30 days of the date on which such suspension occurred;
(11) upon termination by a customer of any contract for private scavenger service, remove any refuse or recycling container provided to the licensee's customer within three days of the date on which such termination occurred;
(12) be responsible for the appearance of any refuse or recycling container that the private scavenger provides to its customers; deliver any required refuse or recycling container free of graffiti; and remove graffiti from any refuse or recycling container within 15 business days of receiving written notification from the Commissioner of Streets and Sanitation. Provided, however, that from December 1 to March 1, if weather conditions make removal of the graffiti impracticable, the Commissioner may, by written order, extend the time for removal of the graffiti to such time when removal would be practicable. Any person who violates this subsection shall be subject to a fine of not less than $100.00 nor more than $300.00 for each offense. Each day that a violation continues shall constitute a separate and distinct offense;
(13) carry in each of the licensee’s scavenger vehicles a rake, broom, shovel or other implement of sufficient strength and durability, which shall be used by the licensee to remove scattered or spilled refuse or recyclable material. The Commissioner of Streets and Sanitation may issue rules specifying the types and conditions of the implements required to be used to comply with this subsection;
(14) whenever collecting refuse or recyclable material, completely remove all scattered refuse or recyclable material lying within six feet of the container or container area which the private scavenger is servicing and all refuse or recyclable material dropped or spilled during collection;
(15) equip each scavenger vehicle with a permanently installed functioning Global-Positioning-System (GPS) device which sends real-time data to the licensee. The licensee shall have a means of recording, storing for at least one year, and sharing the GPS data.
(f) Prohibited acts. It shall be unlawful for any licensee engaged in the business of private scavenger to:
(1) provide any refuse or recycling container to any person who is not a customer of the private scavenger or to whom the private scavenger is not providing service;
(2) violate any applicable requirement set forth in Section 7-28-226;
(3) violate any applicable requirement set forth in Section 7-28-215;
(4) violate any requirement set forth in Article IV of Chapter 11-5 of this Code; or
(5) remove any recyclable material from a recycling container located on the public way in violation of Section 11-5-085, unless the licensee is under contract with a refuse collection customer to collect recyclable material from such refuse collection customer.
(h) Construction of section. Nothing in this section shall be construed to conflict with any existing or future provision of this Code concerning the removal and disposal of dirt, filth, litter, garbage, ashes, manure, offal, swill, dead animals, recyclable material and other material from the public way by the City acting through its contractors or otherwise.
(Added Coun. J. 5-9-12, p. 27485, § 16; Amend Coun. J. 11-8-12, p. 38872, § 59; Amend Coun. J. 7-20-16, p. 28694, § 3; Amend Coun. J. 2-22-17, p. 43916, Art. VI, § 1; Amend Coun. J. 4-18-18, p. 75051, § 2; Amend Coun. J. 11-20-19, p. 9510, Art. IV, § 11; Amend Coun. J. 11-7-23, p. 5782, § 2)